DECLARATION IN SUPPORT THEREOF - Amazon S3...This opposition will be based upon the attached...
Transcript of DECLARATION IN SUPPORT THEREOF - Amazon S3...This opposition will be based upon the attached...
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anaheim CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WILLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE
NORTH JUSTICE CENTER
SEAN WILLIS ) Case No 30-2016-00842224-CL-UD-NJC )
Plaintiff ) OPPOSITION BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF ) POINTS AND AUTHORITIES AND
DAVID J STEEVES DECLARATION IN SUPPORT THEREOF ~ Defendant ) Date May 3 2016
) Time 900 AM Dept NI0
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THEIR ATTORNEY OF RECORD IF ANY
Plaintiff SEAN WILLIS hereby submits the foregoing opposition to Defendant DAVID J
STEEVES Motion for Consolidation ofPlaintiff s Unlawful Detainer Action filed as case no 30-2016shy
00842224-CL-UD-NJC on March 222016 at the North Justice Center with Defendants Civil Action
against plaintiff herein for Specific Performance Constructive Trust Breach of Fiduciary Duty
Accounting and Quiet Title filed at the Central Justice Center as case no 30-2016-00848169-CU-BCshy
CJC on April 22 2016
III
III
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDAnON BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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This opposition will be based upon the attached Memorandum of Points and Authorities
declaration in support thereof the pleadings papers and records on file in this action and Request for
Judicial Notice filed by Plaintiff and upon such oral and documentary evidence as may be presented at
the hearing of this opposition
Dated May 1 2016 By ([lUlr~~
Denis Rebert Attorney for Plaintiff
Sean Willis
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AlfD AUTHORITIES AJfD DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 plaintiff and defendant entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and terminating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day of each month
Pursuant to the terms of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon termination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent)in which
case a month-to-month tenancy shall be created which either party may terminate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
terms and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration of the Residential Lease Plaintiff and Defendant agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Defendant started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Defendant was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 2013 Defendant expressed an interest in purchase of the subject property
from Plaintiff which Plaintiff was agreeable provided Defendant continued to maintain the debt service
for the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Plaintiff and for Defendant to obtain either a release ofliability ofplaintiff from the loan
to the subject property or to obtain a new loan ofDefendant s choice but in any event remove Plaintiff
from any responsibility associated with any loan on or for the subject property at which time Plaintiff
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
would transfer the property to Defendant
Neither plaintiff or defendant signed any documents providing for a sale to the subject property
or an option for defendant to purchase the subject property
To this day Plaintiffis still agreeable to Defendants purchase ofthe subject property However
Defendant would need to tendered the $3000000 to Plaintiff Defendant would also need to obtain a
new loan for the property or obtained a release ofliability ofPlaintiff from the current lender (Bank of
America) to the subject property Further Defendant is in defaulted in the payment of rent for March
and April 2016 which Defendant would need to bring current
In March 20 16 Plaintiff served Defendant with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Defendant failed to pay the amount stated in the Three Day Notice or
move from the property
As a result ofDefendant failing to pay the rent due for March 2016 or move from the property
Plaintiff on March 22 2016 filed with the court an Unlawful Detainer action seeking possession ofhis
property
It should also be noted that during 2013 plaintiff was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit B
is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Plaintiff notifying his lender ofthe wrongful foreclosure the lender caused to be recorded
on April 18 2013 a Notice ofRescission ofthe Trustees Deed Upon Sale recorded as Instrument No
2013000230543 A true and correct copy of which is attached hereto and marked as Exhibit C and
which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale 1bis would include the Residential Lease Agreement
between Plaintiff and Defendant
Vested ownership to the subject property is with Sean D Willis plaintiff in this action since
December 14 2004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Defendant still desires to purchase the subject property from Plaintiff but has
failed to maintain the rent payment or payment of $3000000 to plaintiff or obtain a new loan to the
subject property or to obtain a release of liability ofplaintiff to the loan to the subject property Thus
the property remains vested to plaintiff
I I I
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
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ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
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SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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This opposition will be based upon the attached Memorandum of Points and Authorities
declaration in support thereof the pleadings papers and records on file in this action and Request for
Judicial Notice filed by Plaintiff and upon such oral and documentary evidence as may be presented at
the hearing of this opposition
Dated May 1 2016 By ([lUlr~~
Denis Rebert Attorney for Plaintiff
Sean Willis
Page 2
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AlfD AUTHORITIES AJfD DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 plaintiff and defendant entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and terminating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day of each month
Pursuant to the terms of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon termination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent)in which
case a month-to-month tenancy shall be created which either party may terminate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
terms and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration of the Residential Lease Plaintiff and Defendant agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Defendant started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Defendant was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 2013 Defendant expressed an interest in purchase of the subject property
from Plaintiff which Plaintiff was agreeable provided Defendant continued to maintain the debt service
for the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Plaintiff and for Defendant to obtain either a release ofliability ofplaintiff from the loan
to the subject property or to obtain a new loan ofDefendant s choice but in any event remove Plaintiff
from any responsibility associated with any loan on or for the subject property at which time Plaintiff
Page 1
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
would transfer the property to Defendant
Neither plaintiff or defendant signed any documents providing for a sale to the subject property
or an option for defendant to purchase the subject property
To this day Plaintiffis still agreeable to Defendants purchase ofthe subject property However
Defendant would need to tendered the $3000000 to Plaintiff Defendant would also need to obtain a
new loan for the property or obtained a release ofliability ofPlaintiff from the current lender (Bank of
America) to the subject property Further Defendant is in defaulted in the payment of rent for March
and April 2016 which Defendant would need to bring current
In March 20 16 Plaintiff served Defendant with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Defendant failed to pay the amount stated in the Three Day Notice or
move from the property
As a result ofDefendant failing to pay the rent due for March 2016 or move from the property
Plaintiff on March 22 2016 filed with the court an Unlawful Detainer action seeking possession ofhis
property
It should also be noted that during 2013 plaintiff was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit B
is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Plaintiff notifying his lender ofthe wrongful foreclosure the lender caused to be recorded
on April 18 2013 a Notice ofRescission ofthe Trustees Deed Upon Sale recorded as Instrument No
2013000230543 A true and correct copy of which is attached hereto and marked as Exhibit C and
which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
Page 2
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale 1bis would include the Residential Lease Agreement
between Plaintiff and Defendant
Vested ownership to the subject property is with Sean D Willis plaintiff in this action since
December 14 2004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Defendant still desires to purchase the subject property from Plaintiff but has
failed to maintain the rent payment or payment of $3000000 to plaintiff or obtain a new loan to the
subject property or to obtain a release of liability ofplaintiff to the loan to the subject property Thus
the property remains vested to plaintiff
I I I
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
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plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
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Branch LSNUser 1~ Comment Station Id SUUP
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LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
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ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
On or about March 19 2010 plaintiff and defendant entered into a three (3) year written
Residential Lease for the real property located at 4613 Ponderosa Way Yorba Linda CA 92886
commencing for occupancy on May 12010 and terminating on April 30 2013 providing for rent in
the amount of $500000 per month payable on the first day of each month
Pursuant to the terms of the written Residential Lease (which is attached to the Complaint in
Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises upon termination
ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than past due Rent)in which
case a month-to-month tenancy shall be created which either party may terminate as specified in
paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or as allowed by law All other
terms and conditions of this Agreement shall remain in full force and effect Attached hereto and
marked as Exhibit A is a true and correct copy of the Complaint in Unlawful Detainer which is
incorporated hereat by this reference and which includes the Residential Lease Agreement
At the expiration of the Residential Lease Plaintiff and Defendant agreed the new rent amount
would correspond to the amount of debt service for the subject property including but limited to the
principal interest insurance and tax payment
Defendant started paying the new rent amount totaling $690314 per month through June 2014
at which time the rent amount changed to $702060 beginning July 12014 and continued through
February 2015 Rent for the months of March April and May 2015 was $705117 respectively
Beginning July 12015 rent was reduced to $703317 which is the current rent in effect Defendant was
also required to pay any other expenses associated with the property The rent payments were fairly
consistent with what market rents were at the time for the subject property
In or about October 2013 Defendant expressed an interest in purchase of the subject property
from Plaintiff which Plaintiff was agreeable provided Defendant continued to maintain the debt service
for the subject property as well as any other expenses associated with the subject property payment of
$3000000 to Plaintiff and for Defendant to obtain either a release ofliability ofplaintiff from the loan
to the subject property or to obtain a new loan ofDefendant s choice but in any event remove Plaintiff
from any responsibility associated with any loan on or for the subject property at which time Plaintiff
Page 1
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
would transfer the property to Defendant
Neither plaintiff or defendant signed any documents providing for a sale to the subject property
or an option for defendant to purchase the subject property
To this day Plaintiffis still agreeable to Defendants purchase ofthe subject property However
Defendant would need to tendered the $3000000 to Plaintiff Defendant would also need to obtain a
new loan for the property or obtained a release ofliability ofPlaintiff from the current lender (Bank of
America) to the subject property Further Defendant is in defaulted in the payment of rent for March
and April 2016 which Defendant would need to bring current
In March 20 16 Plaintiff served Defendant with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Defendant failed to pay the amount stated in the Three Day Notice or
move from the property
As a result ofDefendant failing to pay the rent due for March 2016 or move from the property
Plaintiff on March 22 2016 filed with the court an Unlawful Detainer action seeking possession ofhis
property
It should also be noted that during 2013 plaintiff was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit B
is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Plaintiff notifying his lender ofthe wrongful foreclosure the lender caused to be recorded
on April 18 2013 a Notice ofRescission ofthe Trustees Deed Upon Sale recorded as Instrument No
2013000230543 A true and correct copy of which is attached hereto and marked as Exhibit C and
which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
Page 2
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Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale 1bis would include the Residential Lease Agreement
between Plaintiff and Defendant
Vested ownership to the subject property is with Sean D Willis plaintiff in this action since
December 14 2004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Defendant still desires to purchase the subject property from Plaintiff but has
failed to maintain the rent payment or payment of $3000000 to plaintiff or obtain a new loan to the
subject property or to obtain a release of liability ofplaintiff to the loan to the subject property Thus
the property remains vested to plaintiff
I I I
11
II
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
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by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
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charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
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plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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MEMORANDUM OF POINTS AND AUTHORITIES
would transfer the property to Defendant
Neither plaintiff or defendant signed any documents providing for a sale to the subject property
or an option for defendant to purchase the subject property
To this day Plaintiffis still agreeable to Defendants purchase ofthe subject property However
Defendant would need to tendered the $3000000 to Plaintiff Defendant would also need to obtain a
new loan for the property or obtained a release ofliability ofPlaintiff from the current lender (Bank of
America) to the subject property Further Defendant is in defaulted in the payment of rent for March
and April 2016 which Defendant would need to bring current
In March 20 16 Plaintiff served Defendant with a Three Day Notice to Pay Rent or Quit Within
the prescribed three day period Defendant failed to pay the amount stated in the Three Day Notice or
move from the property
As a result ofDefendant failing to pay the rent due for March 2016 or move from the property
Plaintiff on March 22 2016 filed with the court an Unlawful Detainer action seeking possession ofhis
property
It should also be noted that during 2013 plaintiff was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit B
is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
2013000136648
Upon Plaintiff notifying his lender ofthe wrongful foreclosure the lender caused to be recorded
on April 18 2013 a Notice ofRescission ofthe Trustees Deed Upon Sale recorded as Instrument No
2013000230543 A true and correct copy of which is attached hereto and marked as Exhibit C and
which is incorporated hereat by this reference
Paragraph 5 of the Notice of Rescission document states That the Trustee has been informed
by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the
foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
Paragraph 6 of the Notice of Rescission documents states That the Express Purpose of this
Page 2
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale 1bis would include the Residential Lease Agreement
between Plaintiff and Defendant
Vested ownership to the subject property is with Sean D Willis plaintiff in this action since
December 14 2004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Defendant still desires to purchase the subject property from Plaintiff but has
failed to maintain the rent payment or payment of $3000000 to plaintiff or obtain a new loan to the
subject property or to obtain a release of liability ofplaintiff to the loan to the subject property Thus
the property remains vested to plaintiff
I I I
11
II
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
Page 6
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
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DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
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Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
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MEMORANDUM OF POINTS AND AUTHORITIES
Notice ofRescission is to return the priority and existence ofall title and lienholders to the status quo-
ante as existed prior to the trustees sale 1bis would include the Residential Lease Agreement
between Plaintiff and Defendant
Vested ownership to the subject property is with Sean D Willis plaintiff in this action since
December 14 2004 Attached hereto and marked as Exhibit D is a true and correct copy of the Grant
Deed to the subject property recorded as Instrument No 2004001111269 and which is incorporated
hereat by this reference
It appears that Defendant still desires to purchase the subject property from Plaintiff but has
failed to maintain the rent payment or payment of $3000000 to plaintiff or obtain a new loan to the
subject property or to obtain a release of liability ofplaintiff to the loan to the subject property Thus
the property remains vested to plaintiff
I I I
11
II
Page 3
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
Page 4
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
Page 5
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
Page 6
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
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OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
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LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
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7
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
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POINTS AND AUTHORITIES
1 I
2 EVICTION ACTION MUST BE BROUGHT TO TRIAL WITHIN 20 DAYS
3 A Time Period for Eviction Trial Ifthe defendant in an unlawful detainer proceeding appears
4 pursuant to Section 1170 of the Code of Civil Procedure (filing ofan Answer) trial ofthe proceeding
shall be held not later than the 20th day following the date that the request to set the time ofthe trial is
6 made [CCP sect11705(a)]
7 In this matter Defendant filed an Answer with the Clerk ofthe Court on or about April 4 2016
8 Plaintiff filed a Request to Set Case for Trial on or about April 22 2016
9 Therefore trial on the eviction matter must be heard within 20 days from April 22 2016 or no
later than May 16 2016
11 II
12 DISCRETION OF THE COURT TO FASmON ALTERNATIVES TO CONSOLIDATION
13 OF UNLAWFUL DETAINER CASES AND OTHER CIVIL ACTIONS
14 A Discretion of the Trial Court Consolidation ofUnlawful Detainer and Quiet Title actions
is not always appropriate We do not hold that trial courts must in all cases grant application for
16 consolidation of an unlawful detainer proceeding with a pending quiet title action no matter how
17 straightforward the issues and no matter what the circumstances With or without consolidation ofthe
18 cases trial courts have available options to address plaintiff s legitimate rights and need for protection
19 from the unjustified delay of the unlawful detainer proceeding while still affording reasonable
opportunities for discovery and to prepare for trial ofcomplex issues relating to the propertys title
21 [Matin-Bragg v Moore (2013) 219 CA4th at 393-395 161 CR3d at 491-493]
22 In this matter defendant has already conducted discovery demanding documents and also the
23 deposition ofPlaintiff which took place on April 82016 Therefore this matter is ready for trial and
24 the court is able to hear the defense ofDefendant David J Steeves
Therefore the court should deny defendants motion for consolidation
26 B Defendant Shall be Ordered to Pay into Court Iftrial is not held within the time specified
27 in this section (20 Days) the court upon fmding that there is a reasonable probability that the plaintiff
28 will prevail in the action shall determine the amount of damages ifany to be suffered by the plaintiff
Page 4
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
Page 5
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
Page 6
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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POINTS AND AUTHORITIES
by reason ofthe extension and shall issue an order requiring the defendant to pay that amount into court
as the rent would have otherwise become due an~ payable or into an escrow designated by the court for
so long as the defendant remains in possession pending the termination ofthe action The determination
ofthe amount ofthe payment shall be based on the plaintiffs verified statement of the contract rent for
rental payment any verified objection thereto filed by the defendant and the oral or demonstrative
evidence presented at the hearing The courts determination of the amount of damages shall include
consideration ofany evidence presented by the parties embracing the issue of diminution of value or
any set offpermitted by law [CCP sect11705(c)]
Should the court considers granting a motion to stay the unlawful detainer proceeding or
considers consolidation ofthe unlawful detainer actions with defendants civil action Plaintiff requests
the court Order the tenant David J Steeves pay into court each month until completion of the matter
the amount of the rent payment ($703317) so that Plaintiff will not be prejudiced by the delay in
proceeding as there is a strong likelihood that Plaintiff will prevail at trial as plaintiff is the vested
owner to the subject property Defendant lacks a writing that would support a purchase agreement or
option agreement and Defendant has further failed to pay Plaintiff $3000000 and has also failed to
remove Plaintiffs name from the loan on the property or alternatively has failed to obtain a replacement
loan for the subject property
C IfDefendant Fails to Make Payment into Court Ifthe defendant fails to make a payment
ordered by the court trial ofthe action shall be held within 15 days ofthe date payment was due [CCP
sect11705(d)]
As a safeguard to prevent abuse by the tenant defendant herein from delaying the process of
unlawful detainer the court is further requested to Order that trial will be held within 15 days ofthe date
payment was due should the defendant default in said payment as provided by CCP sect 11705( d)
III
STATUTE OF FRAUDS
A Certain Agreements Are Required to be in Writing The following contracts are invalid
unless they or some note or memorandum thereof are in writing and subscribed by the party to be
Page 5
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
Page 6
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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POINTS AND AUTHORITIES
plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
5
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15
20
25
1
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3
4
6
7
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27
28
POINTS AND AUTHORITIES
charged or by the partys agent
(1) An agreement that by its terms is not to be performed within a year from the making thereof
(2) A special promise to answer for the debt default or miscarriage ofanother except in the
cases provided for in Section 2794
(3) An agreement for the leasing for a longer period than one year or for the sale of real
property or of an interest therein such an agreement if made by an agent of the party sought to be
charged is invalid unless the authority ofthe agent is in writing subscribed by the party sought to be
charged
(4) An agreement authorizing or employing an agent broker or any other person to purchase
or sell real estate or to lease real estate for a longer period than one year or to procure introduce or find
a purchaser or seller ofreal estate or a lessee or lessor ofreal estate where the lease is for a longer period
than one year for compensation or a commission
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor
(6) An agreement by a purchaser ofreal property to pay an indebtedness secured by a mortgage
or deed of trust upon the property purchased unless assumption of the indebtedness by the purchaser
is specifically provided for in the conveyance of the property
(7) A contract promise undertaking or commitment to loan money or to grant or extend credit
in an amount greater than one hundred thousand dollars ($100000) not primarily for personal family
or household purposes made by a person engaged in the business oflending or arranging for the lending
of money or extending credit For purposes of this section a contract promise undertaking or
commitment to loan money secured solely by residential property consisting of one to four dwelling
units shall be deemed to be for personal family or household purposes [CC sect1624]
In this matter there is no writing as there was never a meeting ofthe minds The parties did enter
into negotiations However there is nothing subscribed by either ofthe parties as there was no meeting
of the minds Without a writing or a mutual understanding of the minds there can be no agreement
Had the parties agreed we would not have issues and there would be no lawsuits and title would be in
defendants name As a result of the lack of the meeting of the minds title remains with plaintiff
Further Plaintiff is without the ability to sign anything in writing unless it specifically provides that
Page 6
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
10
15
20
25
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23
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26
27
28
POINTS AND AUTHORITIES
plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
10
15
20
25
DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
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EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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POINTS AND AUTHORITIES
plaintiff is released of all liability with the lender who currently holds the financing to the subject
property Alternatively defendant could produce his own loan and the current loan is removed from
the property thereby removing plaintiffs liability for said loan
Since there is no meeting of the minds and no writing subscribed by both Plaintiff and
Defendant there is no agreement Defendants payment ofthe loan on the property is consistent with
his rental obligation to Plaintiff Defendant pays his rent payment directly to the lender at the request
of Defendant and with the permission of Plaintiff It is still a rent payment
W
CONCLUSION
Eviction matters must be brought to trial within 20 days ofwhen the Request to Set Case for
Trial was submitted to the court which was on April 22 2016
The court does have discretion to consolidate matter and to fashion alternatives to consolidation
such as payment into court by defendant the damages (rent) the plaintiff may suffer
Should the court consider a delay in the eviction matter the court is request that Defendant be
Ordered to pay into court the rent money each month ($703317) the matter is delayed
Ifthe Defendant fails to deposit the money into the court that trial be held within 15 days from
the date the rent was due
The court is requested to consider the statute of frauds and the likelihood that plaintiff will
prevail in this matter
The matter has been set for trial for May 52016 and with Defendant having already conducted
discovery to deny any motion for consolidation and let the matter go to trial
Therefore the court is requested to deny defendants motion for consolidation
Respectfully submitted Dated May 1 2016
By ~~R~ Attorney for Plaintiff
Sean Willis
Page 7
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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20
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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DECLARATION OF SEAN WILLIS
1 1 I am the Plaintiff in the above entitled matter and at all times hereinafter mentioned a
2 resident ofthe County ofOrange State of California Each of the following facts are of my personal
3 knowledge with the exception of the facts based on information and belief which I believe to be true
4 and if called upon to testify I could and would competently testify as follows
2 On or about March 192010 defendant and I entered into a three (3) year written
6 Residential Lease Agreement for the real property located at 4613 Ponderosa Way Yorba Linda CA
7 92886 commencing for occupancy on May 12010 and terminating on April 30 2013 providing
8 for rent in the amount of $500000 per month payable on the fIrst day of each month
9 3 Pursuant to the terms of the written Residential Lease Agreement (which is attached to the
Complaint in Unlawful Detainer as Exhibit 1) at paragraph 2B the Tenant shall vacate the Premises
11 upon termination ofthe Agreement unless (iii) Landlord accepts Rent from Tenant (other than
12 past due Rent)in which case a month-to-month tenancy shall be created which either party may
13 terminate as specifIed in paragraph 2A Rent shall be at a rate agreed to by Landlord and Tenant or
14 as allowed by law All other terms and conditions of this Agreement shall remain in full force and
effect Attached hereto and marked as Exhibit A is a true and correct copy ofthe Complaint in
16 Unlawful Detainer which is incorporated hereat by this reference
17 4 At the expiration of the Residential Lease Agreement Defendant and I agreed the new rent
18 amount would correspond to the amount of debt service for the subject property including but
19 limited to the principal interest insurance and tax payment
5 Defendant started paying the new rent amount totaling $690314 per month through June
21 2014 at which time the rent amount changed to $702060 beginning July 12014 and continued
22 through February 2015 Rent for the months ofMarch April and May 2015 was $705117
23 respectively Beginning July 12015 rent was reduced to $703317 which is the current rent in
24 effect Defendant was also required to pay any other expenses associated with the property The rent
payments were fairly consistent with what market rents were at the time for the subject property
26 6 In or about October 2013 Defendant expressed an interest in purchase of the subject
27 property from me which I wasagreeable provided Defendant continued to maintain the debt service
28 for the subject property as well as any other expenses associated with the subject property payment
Page 8
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
5
10
15
20
25
of $3000000 to me and for Defendant to obtain either a release of liability for me from the loan to
1 the subject property or to obtain a new loan ofDefendants choice but in any event remove me
2 from any responsibility associated with any loan on or for the subject property at which time I
3 would transfer the property to Defendant
4 7 I didnt sign any documents providing for a sale to the subject property or an option for
defendant to purchase the subject property as none were presented to me with the conditions I
6 required for the sale of the property to defendant
7 8 To this day I am still agreeable to Defendants purchase of the subject property
8 However I would need Defendant to tendered the $3000000 to me as well as for Defendant to
9 obtained a new loan for the property or obtained a release of liability from my current lender on the
property (Bank ofAmerica) Further Defendant is in defaulted in the payment ofrent for March and
11 April 2016 which I would need Defendant to bring current
12 9 With Defendant being delinquent in rent and threatening to stay in the property for 6-7
13 months without paying rent I had no choice except to have Defendant served on March 17 2016
14 with a Three Day Notice to Pay Rent or Quit Within the prescribed three day period Defendant
failed to pay the amount stated in the Notice or move from the property
16 10 As a result of Defendant failing to pay the rent due for March 2016 or move from the
17 property on March 222016 I caused to be filed with the court an Unlawful Detainer action seeking
18 possession of my property
19 11 It should also be noted that during 2013 I was seeking a loan modification to the loan on
the subject property which later was wrongfully foreclosed Attached hereto and marked as Exhibit
21 B is a true and correct copy of the Trustees Deed recorded on March 6 2013 as Instrument no
22 2013000136648
23 12 Upon me learning of the Trustees Sale I notified my lender of the wrongful foreclosure
24 and my lender caused to be recorded on April 18 2013 a Notice ofRescission of the Trustees Deed
Upon Sale recorded as Instrument No 2013000230543 A true and correct copy ofwhich is
26 attached hereto and marked as Exhibit C and which is incorporated hereat by this reference
27 13 Paragraph 5 of the Notice ofRescission document states That the Trustee has been
28 informed by the Beneficiary that the Beneficiary desires to rescind the Trustees Deed recorded upon
Page 9
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
5
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
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the foreclosure sale which was conducted in error due to a failure to communicate timely notice of
conditions which would have warranted a cancellation of the foreclosure sale which did occur on
011282013
14 Paragraph 6 of the Notice of Rescission documents states Tha~ the Express Purpose of
this Notice ofRescission is to return the priority and existence ofall title and lienholders to the status
quo-ante as existed prior to the trustees sale This would include the Residential Lease Agreement
between Defendant and me
15 Vested ownership to the subject property is in my name since December 142004
Attached hereto and marked as Exhibit D is a true and correct copy of the Grant Deed to the subject
property recorded as Instrument No 2004001111269 and which is incorporated hereat by this
reference
16 It appears that Defendant still desires to purchase the subject property from me but has
failed to maintain the rent payment or payment of $3000000 to me or to obtain a new loan to the
subject property or to obtain a release ofliability for me to the current loan on the subject property
Thus the property remains vested to me
17 Defendant filed his Answer with the court on April 4 2016 and trial is set for May 5
2016
18 Defendant has also conducted discovery demanding documents which I responded to
timely
19 Defendant has also taken my deposition which took place on April 8 2016
20 This matter is ready for trial in the eviction court and I request the court deny any
motion for consolidation which will only delay the eviction matter
21 Should the court consider a delay in the eviction matter I would request the Court Order
Defendant to pay rent into the court as this will do away with Defendant seeking free rent for the 6-7
months that he threatened me with
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct
Dated May 1 2016 By -~_=--~_~~-______
Page 10
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
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TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
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EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
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PROOF OF SERVICE BY FACSIMILE TRANSMISSION
I the undersigned state that I am and was at all times herein mentioned a citizen of the United States and a resident of the County of Orange State of California over the age of 18 years and not a party to the within action or proceeding that my mailing address is 1333 S Euclid St
Anaheim CA 92802
That on May 12016 I transmitted to
George Burns Esq and Veronica Gerth Esq Burns amp Moss a copy of
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT THEREOF
by facsimile machine pursuant to California Rilles of Court Rule 2306)
The fax number of the machine from which the document was transmitted was (714) 535shy4539
The fax number of the machine to which the document was transmitted to was
Burns amp Moss (949) 263-6780
The facsimile machine that I used complied with California Rilles ofCourt Rille 2306 and no error in transmission was reported by the machine I caused the transmitting facsimile machine to print a transmission record of the transmission a copy ofwhich is attached to this declaration
I declare under penalty ofpetjury under the laws of the state of California that the foregoing is true and correct
Executed on May 12016 at Anaheim California
By
Page 11
OPPOSITION BY PLAINTIFF TO MOTION FOR CONSOLIDATION BY DEFENDANT MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT THEREOF
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
TRANSMISSION VERIFICATION REPORT
TIME NAME FAX TEL SER
09012013 0843PM
U63089F5N178690
DATE TIME 0901 0830PM FAX NONAME 19492636780 DURATION 001327 PAGE(S) 40 RESULT OK MODE STANDARD
ECM
1
2
3 4
5
6
7
8
9
10
11
12
13
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15
16
17
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Denis R Hebert Attorney at Law SBN 165094 1333 S Euclid St Anahe~ CA 92802 (714) 535-4529
Attorney for Plaintiff SEAN WllLIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIm COUNTY OF ORANGE
NORm ruSTICE CENTER
SEAN WlLLIS ~ Case No 302016-00842224-CL-UDNJC
Plaintiff ) oPPosmON BY PLAINTIFF TO ) MOTION FOR CONSOLIDATION BY
v ) DEFENDANT MEMORANDUM OF
DAVID J STEEVES ~ POINTS AND AUTHORITIES AND DECLARATION IN SUPPORT TIffiREOF
) Defendant ) Date May 3 2016
) Time 900 AM Dept NIO
Assigned to Glenn Mondo Commissioner
TO ALL INTERESTED PARTIES AND THElRATTORNEY OF RECORD IF ANY
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
UD-100 ATTORHEV ORPNnVwmtOUf AnoRNEY~ sralitBarnumtJll 1IIId~
- Denis R Hebert 165094 Attomey at Law 1333 S Euclid St Anahe~ CA 92802
lELEPHONENO(714) 535-4529 FAXHO~ e-MAlLADORESS~
ATTOMNEY FOR jNlmeJ Plaintiff Sean Willis SUPERIOR COURT OF CALIFORNIA COUNTY OF llraDge
smEETADDRESS 1275 N Berkeley Ave MAlUNGtalRESS PO Box 5000
CrfY AIlaquo) ZI CODE Fullerton CA 92838-0500 BRANCH NME North Justice Center PLAINTIFF sean WW1S
DEFENDANT David J Steeves
XI DOES 1 TO 10
ELECTRONICALLY FILED Supanar ClUB af Califamia
Caunty af Orange
13QZQOamp lit 054055 PM Clerk of the Superior Court
By Beverly L RyanDeputy Clerk
COMP~NT-UNLA~ULDET~E~ IXI COMPLAINT a AMENDED COMPLAINT (Amendlitent NumbelJ
CASE NlMIER
30middot2016middot00842224 C L-UD-NJ C
Jurisdiction (chefIc 1111 fh8tapply) Xl ACllON IS A UMITED CML CASE
Amount demaJKIed CD does not exceed $100lI0
tl exceedS $100lI0 but does notaxceecl$25aoo
CI ACnON IS AN UNUIIITED CIVIL CASE (amount demanded 8xceeda $25GOO)cJ ACTION IS RECLASSIFIED by this amended complaintor cross-campIalnt(dJeck all tIIat apply)
1 PLAJNllFF (name each) Sean Willis
aHeges causes of action against OEFENDANT (name eachJ David J Steeves
2 a Plaintiffls (1) IXI anindividualovertheageof18yess (4) 0 a paI1nership (2) CI a public agency (5) cJ a corporationbull (3) tl other (specify)
b 0 Plaintiff has eomplied with the fictitious business name laws and is doing business under the fictitious name of (SJfJCify)
3 Defendant named above is in possession of the premises located at (street address apt no city zip code andcounty) 4613 Ponderosa Way Yorba Linda CA 92886 County ofOrange
4 Plaintiffs interest in the premises is IXI as owner tI other (specifyJ S The true names and capacities of defendants sued as Does are unknown to plaintiff 6 a On or about (date) Marcb 19~ 2010 defendant (name each)
David J Steeves and Gabriela Steeves (deceased) (1) agreed to rent the pnmUses as a CI manfhto-month tenancy W other tenancy (specify) 3 year lease (2) agreed to pay rent of $ 500000 payable IXI monthly 0 other (specify ftequency) (3) agreed to pay rent on the lD first of the month 0 other day (specify)
b This [XJ written Cl oral agreement was made with (1) ID ptaintiff (3) a plaintiffs predecessor In intefesl (2) ID plaintilfs agent (4) 0 other (specify]
NOTE Do nat use this fonn for evktions after saJe (Code Civ Proc sect 1161e) 1af3
coMPlAiNT- UNLAWFUL DETAINER
CI ffom unlawful detainer to general unlimited civil (pclllasion not In isSue) Il from ImIIad to unlimllied o from unlawful datalner to genI8Ilimlted civil (possession not in issue) a from unIIrdad to IImIIad
I
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
PLAINTIFF (Name) Sean Willis
DEFENDANT (Name) David J Steeves
6 c [Xl The defendants not named in item 6a are (1) Cl sUbtenants (2) Cl assignees (3) [Xl other (specify) Unknown at this time
d XI The agreement was later changed as follows (specify) Rent was increased to $703317 effective July 12015
e XI A copy of the written agreement including any addenda or attachments that form the basis of this complaint is attached and labeled Exhibit 1 (Required for residential property unless item 6f is checked See Code Civ Proc sect 1166)
f Cl (For residential property) A copy of the written agreement is not attached because (specify reason) (1) Cl the written agreement is not in the possession ofthe landlord or the landlords employees or agents (2) Cl this action is solely for nonpayment of rent (Code Civ Proc sect 1161(2raquo
7 XI a Defendant (name each) David J Steeves
was served the following notice on the same date and in the same manner (1) [Xl 3-day notice to pay rent or quit (4) [Xl 3-day notice to perform covenants or quit (2) Cl 3~-day notice to quit (5) Cl 3-day notice to quit (3) Cl SO-day notice to quit (6) Cl Other (specify)
b (1) On (date) 32112016 the period stated in the notice expired at the end ofthe day (2) Defendants failed to comply with the requirements of the notice by that date
c All facts stated in the notice are true d [Xl The notice included an election of forfeiture e [Xl A copy of the notice is attached and labeled Exhibit 2 (Required for residential property See Code Civ Proc
sect 1166) f Cl One or more defendants were served (1) with a different notice (2) on a different date or (3) in a different
manner as stated in Attachment 8c (Check item Bc and attach a statement providing the information required by items 7a-e and B for each defendant)
8 a [Xl The notice in item 7a was served on the defendant named in item 7a as follows (1) Cl by personally handing a copy to defendant on (date) (2) Cl by leaving a copy with (name or description)
a person of suitable age and discretion on (date) at defendants Cl residence Cl business AND mailing a copy to defendant at defendants place of residence on (date) because defendant cannot be found at defendants residence or usual place of business
(3) XI by posting a copy on the premises on (date) 3172016 Cl AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date) 3172016 (a) Cl because defendants residence and usual place of business cannot be ascertained OR (b) XI because no person of suitable age or discretion can be found there
(4) CJ (Not for 3-day notice see Civil Code sect 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date)
(5) Cl (Not for residential tenancies see Civil Code sect 1953 before using) in the manner specified in a written commercial lease between the parties
b Cl (Name) was served on behalf of all defendants who signed a joint written rental agreement
c Cllnformation about service of notice on the defendants alleged in item 7f is stated in Attachment 8c d XI Proof of service of the notice in item 7a is attached and labeled Exhibit 3
UD-100 [Rev July 1 2005 COMPLAINT - UNLAWFUL DETAINER Page2of3
g MlIrtilv~
~ EssmIAL fDaNSM rdf - 1- 11
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
PLAINTIFF (Name)shy
Sean Willis CASE NUMBER
DEFENDANT (Name) David J Steeves
Cl Plaintiff demands possession from each defendant because of expiration of a fixed-term lease
10 W At the time the 3-day notice to pay rent or quit was served the amount of rent due was $ 703317 and $70332 pursuant to the Three Day
11 W The fair rental value of the premises IS $ 23444 per day Notice to Perfonn Covenant or Quit document 12 Cl Defendants continued possession is malicious and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b) (State specific facts supporting a claim up to $600 in Attachment 12)
13 W A written agreement between the parties provides for attorney fees
14 Cl Defendants tenancy is subject to the local rent control or eviction control ordinance of (city orcounty title ofordinance and date ofpassage)
Plaintiff has met all applicable requirements of the ordinances
15 Cl Other allegations are stated in Attachment 15
16 Plaintiff accepts the jurlsdictionailimit if any of the court
17 PLAINTIFF REQUESTS a possession of the premises f W damages at the rate stated in item 11 from b costs incurred in this proceeding (date) 412016 for each day that c W past-duerentof$ 703317 defendants remain in possession through entry of judgment d W reasonable attorney fees g Cl statutory damages up to $600 for the conduct alleged in item 12 e W forfeiture of the agreement h W other (specify) $70332 pursuant to the Three Day
Notice to Perfonn Covenant or Quit documentmiddot13 Cl Number of pages attached (specify)
As the court deems just and proper UNLAWFUL DETAINER ASSISTANT (Bus amp Prof Code sectsect 6400-6415)
19 (Complete in all cases) An unlawful detainer assistant W did not Cl did for compensation give advice or assistance with this form (Ifplaintiffhas received any help oradvice for pay from an unlawful detainer aSSistant state)
a Assistants name c Telephone No b Street address city and zip code d County of registration
e Registration No f Expires on (date)
Date March 22 2016
~ ---i30f-7CmiddotL-tw~jcr-- fk~aepounde~~~~~-__Denis R Hebert r2 ---f
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attomey or for a corporation orpartnership)
I am the plaintiff in this proceeding and have read this complaint I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date March 22 2016
ean Wj)]js (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)
COMPLAINT - UNLAWFUL DETAINER Page 3 af3
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
p~- ASI1e3 lSf2eUt tl1 1i2 7147ltmiddots35l
e3h 921U9 18= 5J nlii3iat3-( iWtE 15118
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
________ __ ________ __
U~192eJ~ a~a~ ~7~~3~
8312a1amp 169~ 7463a31 J7
-----shy ~~~~ampmiddot~middot_middot ~ITF_T
cent - ~-------------iiIiIIIMJIJ _~
M_~~____----__________________________________________________~_____________ ___ -~-- ---~---~ - -----__---------------------shy
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
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TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
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GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
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Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
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EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
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EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
i~ CALI FORNIA NOTICE OF CHANGE IN TERMS OF TENANCY~~ ASSOCIATION
(CAR Fonn CTT Revised 1111)~ OF REALTORSreg
TO David J Steeves Gabriela Steeves (Tenant) __ dnd any other occupant(s) in possession of the premises located at
(Street Address) 4613 Pongerosa Way (UnitApartment ) _____ (City) _ Yorba Unda __ (State) _ CL_ (Zip Code) 92886 (Premises)
YOUR TENANCY IN THE PREMISES IS CHANGED AS FOLLOWS Unless otherwise provided the change shall take effect 30 days from service of this Notice or on _________________ whichever is later
All other terms and conditions of your tenancy shall remain unchanged
1 Rent shall be $ IJ$317_ per month (NOTE Pursuant to California Civil Code sect 827 if the change increases the rent to an amount that exceeds any rental payment charged during the last 12 months by more than 10 then the change shall take effect 60 days from service of this Notice or on ____ ___ whichever is later)
2 Security deposit shall be increased by $ __________
3 Other
--------_---shy
Landlord ----=~-=_=- -_~~~~~~~~-D-at-e-______________-____________
(Owner or Agent)
Tenant acknowledges receipt of this notice of change in terms of tenancy
Tenant ~~~~----------------------------Date David J Steeves
Tenant ~~~~----------------------------------------DateGabriela Steeves
4 DELIVERY OF NOTICEPROOF OF SERVICE This Notice was served by on _ (date) In the following manner (if mailed a copy was mailed at _____________________ (Locationraquo A 0 Personal service A copy of the Notice was personally delivered to the above named Tenant B D Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to the Tenant at the Premises D Mail This Notice was mailed to Tenant at the Premises
(Signature of person serving Notice) (Date)
Sean Willis (Print Name)
(Keep a copy for your records) The copyright laws of Ille United States (Title 17 US Code) forbid Ille unauthorized reproduction of this fonn or any portion Illereof by photocopy machine or any olller means including facsimile or computerized fonnats Copyright tel 1991-2011 CALIFORNIA ASSOCIATION OF REALTORSreg INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This fonn is available for use by the entire real estate industry It is not intended to identify the user as aREALTORreg REALTORreg is a registered collective membership mark which may be used only by members of Ille NATIONAL ASSOCIATION OF REALTORSreg who subscribe to its Code of Elllics
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary of the Califomia Association of REALTORSreg[]c 525 South Virgil Avenue Los Angeles Califomia 90020
t-___by_-__ Date==== CTT REVISED 1111 (PAGE 1 OF 1)
NOTICE OF CHANGE IN TERMS OF TENANCY PAGE 1 OFL ________ Creative Brokerage Servita 1333 S Euclid St Ste D Anallelm CA 9l802 Phone 7145354663 Fax Willis Sean
Denis Hoben Produced with zipFormreg by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 WWWzjplogixcom
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
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TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
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eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
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[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
f~ CALIFORNIA NOTICE TO PAY RENT OR QUIT ~ ASSOCIATION
(CAR Form PRQ Revised 1111) ~ OF REALTORS
_ fo David J Steeves (Tenant) and anyOther occ=u=pa=-n---t(--s--)--in-po-sse-ssion of the premises located at -=-4-613Pon7-07e==IOS==-aW=By--___----------------_---= _ ___ _______________________ (Street Address) _____ (UnitApartment )
YorbaLinda ___ _ _________ (City) _CA _(State) _ 2886__ (Zip Code) (Premises) Other notice address if different from Premises above _______________________________ _
-----------------------------shyNotice to the above-named person(s) and any other occupants ofthe above-referenced Premises WITHI N 3 (OR 0 (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either
1 Pay rent for the Premises in the following amount which is past due to ~ean Willis clo Denis R Hebert Esq_ ___ ______________________ (Name) _1114)270-7342 (Phone)
at 1333 S Euclid St Anaheim CA 92802
between the hours of __9_0_0AM aoop=NI----_-o-n the fOIl~wing days _ within said thiee-d-~-Jd_dress~ Past Due Rent $ ____-103317_ for the period _JAarch 1 2016 __ to _ _ April 1 2016_~__
$ for the period to $ for the period to ____________
Total Due $ ___-7z0=3=317
OR 2 Vacate the Premises and surrender possession
If you do not pay the past due amount or give up possession by the required time a legal action will be filed seeking not only damages and possession but aso a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises As required by law you are hereby notifi that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail your rent
_Landlord ~ Date tfarcfL172016 (Owner or Agent) Sean Willis Address _______ City State _CA _Zip ______
Fax ___________Telephone (714)270-7342
3 DELIVERY OF NOTICEPROOF OF SERVICE _ __ This Notice was served by ~l i U~berl h- ______ on __3 7 ~ 7AJ b (date) In the following manner (if maileracopy was n1aYed at __ SiM-io1L_______________ (Locationraquo
A Personal service A copy of the Notice was personally delivered to the above named Tenant B SubStituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~Post and mail A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
~_the Tenant at_the~Pr~ d to
~ R tifxto 3-17-1 (Signature of person serving Notice) - (Date)
_ rDeriS(LJfe~Oe~rT----_(Print Name)
(Keep a copy for your records)
copy 2011 California Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAllOIlY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAl ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by
(j
REAL ESTATE BUSINESS SERVICES INC II a subsidiary of the California ASSOCiatiOn ofREALTORSreg
c 525 South Virgil Avenue Los Angeles California 90020 Reviewed by _ ~ __ Date ______
PRQ REVISED 1111 (PAGE 1 OF 1) NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
PhOne 71453546U Fax WiIampSean i
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
Fax WiIIioSean
-~ CALIFORNIA NOTICE TO ~ ASSOCIATION PERFORM COVENANT (CURE) OR QUIT ~ OF REALTORS (CAR Fonn PCQ Revised 12115)
To David J Steeves (Tenant) _ jnd any other occupant( s) in possession Ofthe premises -located at 4613 Ponde~sa Way _---__
_________________ (Street Address) _________ (UnitApartment ) Yorba Linda _ _-_____ (City) _CA_ (State) _-12886_ (Zip Code) (Premises) Other notice address if different from Premises above _______________________
Notice to the above-named person(s) and any other occupants of the above-referenced Premises WITHIN 3 (OR Cl ______ (BUT NOT LESS THAN 3raquo DAYS from service of this Notice you are required to either 1 (a) Perform the following covenant or cure the following breach of your rental agreement Pay $70332 to Landlord
pursuant to paragragh 6 of that certain Residential Lease Agreement
------------ --_---------- ------------ shy---------- shy-------- shy
(b) Pay the required monetary obligation indicated belowfor obligations other than rent in the following amount which is past due to Sean Willis co Denis R Hebert Esq_ _ (Name) ______ (Phone) at 1333 S Euclid St Anaheim CA 92802 (Address)
between the hours of 900AM middotmiddot800PM on the following days _ within said day period=--____ Past Due Amount $ 70332 required by paragraph 6 of the rental agreement
$ required by _______________________ $ ________ required by _______________
Total Due $ 70332_
OR 2 Vacate the Premises and surrender possession
If you do not perform cure the breach or give up possession by the required time a legal action will be filed seeking not only damages and posseSSion but also a statutory damage penalty of up to $60000 (California Code of Civil Procedure sect 1174) NOTICE Pursuant to California Civil Code sect 178526 you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rentalcredit obligations Landlord declares a forfeiture of the lease if (i) you do not perform as specified in paragraph 1 or (ii) the breach of your rental agreement is not cured and you continue to occupy the premises~
Landlord _ ~ Date March 17 2016 ___ _ (Owner or Agent) Sean Willis Address 8067 E Desert Pine Dr __ City naheim _______ ___ State ~L_ Zip 92802__ Telephone (714)270-7342 Fax _________ E-mail _________
3 DELIVERY OF NOTICEPROOF RFSERVICE - __ bull This Notice was served by oem ~ ~ttebetl tb---t---- on ~ -( 120 l~__ (date) In the following manner (if mailed a copy was mailed at __ SiinmcL------------ (Locationraquo
AD Personal service A copy of the Notice was personally delivered to the above named Tenant BD Substituted service A copy of the Notice was left with a person of suitable age and discretion at the Tenants
residence or usual place of business and a copy was mailed to the Tenant at the Premises C ~ Post and mall A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was
mailed to t enant at the Prertlis ~ bull iWmiddot ~
otice) I
--11-20tb (Date)
(Print Name) (Keep a copy for your records)
copy 2015 Califomia Association of REALTORSreg Inc THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOClAllON OF REALTORSreg (CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN AN( SPECIFIC TRANSACllON A REAL ESTATE BROKER IS THE PERSON QUALIAED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL
Published and Distributed by REAL ESTATE BUSINESS SERVICES INC
a subsidiary ofthe Califomia Association ofREALTORSreg - -shy--- C 525 South Virgil Avenue Los Angeles Califomia 90020 Reviewed by _ Date ~ G)
PCQ REVISED 12115 (PAGE 1 OF 1) - ---EQUAl HOUSN3
QPPORTUNflYNOTICE TO PERFORM COVENANT CURE OR QUIT peQ PAGE 1 OF 1
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
RECORDING REQUESTED BY RECONTRUST COMPANY NA AND WHEN RECORQED MAIL TO
RECONTRUST COMPANY NA 1800 Tapo Canyon Rd CA6-914-01-94 SIMI VALLEY CA 93063
Forward Tax Statements to Address listed above
Recorded in Official Records Qange County Renee Ramirez Assis1ant CIe$-Recorder
15 001111111111111111111111111111111111111111111111111111111111111111111111111 $ ROO 0 5 6 5 461 6 $
2013000136648 800 am 0306113 117406 T09 F13 3 000 000 000 000 600 000 000 000
SPACE ABOVE TIllS LINE FOR RECORDERS USE
TS No 11-0007933 Title Order No1 1-0005004
TRUSTEES DEED UPON SALE
APN 334-251-38 TRANSFER TAXS~~c0-__
The Grantee herein was the beneficiary The amount of the unpaid debt was S 159047243 The amount paid by the Grantee was $ 110250000 The property is in the city of YORBA LINDA County ofORANGE
RECONTRUST COMPANY NA as the duly appointed Trustee (or successor Trustee or substituted Trustee) under a Deed ofTrust referred to below and herein called Trustee does hereby grant without covenant or warranty to
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006middot0A14
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA14
herein called Grantee the following described real property situated in ORANGE County California
SEE ATTACHED LEGAL DESCRIPTION See Exhibit An
This conveyance is made pursuant to the powers conferred upon Trustee by the Deed of Trust executed by SEAN D WILLIS A SINGLE MAN as Trustor recorded on 081112006 Instrument Number 2006000539264 ( or Book Page) Official Records in the Office of the County Recorder ofORANGE County
All requirements of law regarding the recording and mailing ofcopies ofthe Notice ofDefauk and Election to Sell and the recording mailing posting and publication of the Notice ofTrustees Sale have been complied with
Page lof2 CATRSTEEDEED_20J2JOO_JOI20J2
Order Non-Drder Search Doc OR2013 00136648 Page 1 of 3 Oeated By tammief Printed 428201624011 PM PST
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
TS NoU0007933
Title Order No IIooos004
Trustee in compliance with said Notice ofTrustees Sale and in exercise ofits power under said Deed ofTrust sold saidteal property at public auction on 0112812013 Grantee being highest bidder at said sate became the purchaser ofsaid property for the amount bid which amount was $110250000
DATE --=JA____2_01_1__ RECONTRUST COMPANY NA
JAN 3 1 2013 BY ~ptQd
State ofCalifornia Judy Freeman
County of~___________J)
JAN 31 2015On before me _ bull notary public personally appeared
---------JUD-r7rv FREBAN who proved to me on the basis ofsatisfactol evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies) and that by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted executed the instrument
I certifY under PENALTV OF PERJURY under the laws ofthe State ofCali fomi a that the foregoing par8grilph is true and correct
WITNESS my hand and officialsciIJ------shy bullbullbullbull t iijIII middot Sjgnature7t1rttllj-z~~iiiiI==7(Seal)
Page20f2 CATRSTEEDEED_2012IOOjOI2012
Order Non-Order Search Doc OR2013 00136648 Page 2 of3 Created By tammief Printed 4282016 24011 PM PST
eXtttsn ~middotdPAGE 3 OF-iL
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
CLTA Guarantee Fonn No 22 (Revised 09-12-(8)
EXHIBIT A
REF NO 2011middot7933 LEGAL DESCRIPTION
PARCEL 1
LOT 24 OF TRACT NO 15730 IN THE CITY OF YORBA LINDA COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE SUBDMSION MAP RECORDED DECEMBER 13 2002 IN BOOK 838 PAGES 25 TO 28 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAm COUNTY
PARcEL2
NONSCLUSIVE EASEMENTS FOR ACCESS INGRESS EGRESS USE OF ENJOYMENT DRAINAGE ENCROACHMENT SUPPORT MAINTENANCE REPAIRS AND FOR OTHER PURPOSES ALL AS DESCRIBED IN THE DECLARATION AND THE MAP
7
Order Non-Order Search Doc OR2013 00136648 Page 3 of3 Created By tammief Printed 428201624011 PM PST
[3 PAGE 4 DE Lf~T
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
EXHIBITC
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
Recorded in OOicial Records Qange CountyiANDSAfE InIF Hugh Nguyen Clerk-Reconier 18
11111111111111111 011111111111111111111111111111111111111111111111111111111 00 $ ROO 0 5 7 796 2 4 $
2013000230543 800 am 04118113 Recording Requested By 217404N27F13 4 RECONTRUST COMPANY NA 000 000 000 000 900 000 000 000 1800 Tapa Canyon Rd Simi Valley CA 93063
and when recorded mail document to I
RECONTRUST COMPANY NA 1800 Tapa Canyoo Rd CA6-914-01-94 SIMI VALLEY CA 93063
TS 11-0007933 TITLE 11-OO0S004
NOTICE OF RESCISSION of Tnstees Deed Upon Sale
pursuant to Civil Code Section 1058S
ltt-3This Notice ofRescission is made this ____~____with respect to the following
I IHAT RECONTRUST COMPANY NA is duly appointed Trustee under that certain Deed ofTrust dated 07f2612006 and recorded O8Il11lO06 as Instroment No 2006000539264 wherein SEAN D WILLIS A SINGLE MAN ware named as Trustor(s) RECON TRUST COMPANY NA as Trustee MORTGAGE ELECTRONIC REGISTRA TlON SYSTEMS INC is named as Beneficiary 2) IHAT nm BANK OF NEW YORK MELLON FKA nm BANK OF NEW YORKAS TRUSTEE FOR nm CERTlFICATEHOLDERS OF CWALT INC ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshynmOUGH CERTIFICATES SERlES 2OO6-OA14 BY ITS AIF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP is the Beneficiary ofrccord under 1hat Deed ofTrust by virtue ofan Assigmnent ofBeneficial Interest recorded 21312011 as lnsbumentNo 2011-000063084 Book NlA Page NA 3) IHAT nm DEED OF TRUST encumbers real property located in the County ofORANGE State ofCALIFORNlA described as fullows
SEEEXH1BITA ATTACHED HERETO AND MADE A PART HEREOF
4) IHAT BY VIRTUE OF a defilult lDlder the terms ofthe Deed ofTrust the Beneficiary did declare a detlrult as set forth in aNotice ofDefault recorded 021011201 1 as lnstIUment No 2011-000057346 in the Office ofthe Recorder ORANGE County State ofCALIFORNlA 5) IHAT nm TRUSTEE bas been informed by the BenefiCiary that the Beneficiary desires to rescind the Trustees Deed recorded upon the foreclosure sale which was conducted in error due to a failure to communicate timely notice ofcooditions which would me warranted a cancellation oflbe foreclosure sale which did oceur on 0112812013 6) IHA T nm EXPRESS PURPOSE ofthis Notice ofRescission is to retum the priority and existence ofall title and nenholders to the status quo-ante as existed prior to Ibe trustees sale
Order Non-Order Search Doc OR2013 00230543 Page 1 of 4 Created By tammief Printed 4282016 24011 PM PST
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
TS No 11-0001933
NOW THEREFORE TIlE UNDERSIGNED HEREBY RESCINDS 1lIE TRUSTEES SALE AND PURPORTED TRUSTEES DEED UPON SALE AND HEREBY ADVISES ALL PERSONS TIIAT TIlE TRUSTEES DEED UPON SALE DATED January 312013 AND RECORDED ON 3612013 AS INSTRUMENT NO 2013-000136648 BOOK NA PAGE NIA IN ORANGE COUNTY FROM RECONTRUST COMPANY NA (TRUSTEE) TO TIlE BANK OF NEW YORK MELLONFKA 1lIE BANK OF NEW YORKAS TRUSTEE FOR 1lIE CERTIFICATEHOLDERS OF CWALT INCbull ALTERNATIVE LOAN TRUST 2006-0A14 MORTGAGE PASSshyTIIROUGH CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TOBACHOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (GRANTEE) IS HEREBY RESCINDED AND IS AND SHAU BE OF NO FORCE AND EFFECT WHATSOEVER mE DEED OF TRUST DATED 0712612006 AND RECORDED 0811112006 AS INSTRUMENT NO 2006000539264 IS IN FULL FORCE AND EFFECT
THE BANK OF NEW YORK MELLON FKA mE BANK OF NEW YORKAS TR1JSTEE FOR THE CERTIFICATEBOLDERS OF CWALT INc ALTERNATIVE LOAN TR1JST 21J86OAl4 MORTGAGE PASS-mR01JGR CERTIFICATES SERIES 2006-0A14 BY ITS AlF BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC ROME LOANS SERVICING LP FKA C01JNTRYWlDE HOME LOANS SERVICING LP
_____lt_______A_P_R_l_li_2813_--- (Grantee)
Christina Nuno AssIsfant VICe President
State ofCalifornia ) Coun~ of VcntuJa )
On APR I 6 2113 befon me C H~tary public personally appeared
~i Wr~th~h (sQxv tbgtM who proved to me 00 the basis ofsatisfactory evidence to be the s) whose namc(s) Ware subscribed to the within instnunCDt and acknowledged to me that helshelthey executed
the same in hislhcrtheir authorized capacity(ies) and that by hislhcrtheir signature(s) on the instrwncnt the persou(s) or1he enti~ upon behalfofwhicb the person(s) acted executed the instrument
I certify under PENAL1Y OF PERJURy under the laws ofthe Slate ofCalifornia that dIe mregoing paragraph is true and correct WITNESS my
CATDRESCISN-BENE_2012100_1012012
Order Non-Grder Search Doc OR2013 00230543 Page 2 of4 Q-eated By tammief Printed 4282016 240 12 PM PST
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
GOVERNMENT CODE 273617
I certify under penalty that the Notary Seal on the document to which this statement is attached reads as follows
NAME OF NOTARY
DATE COMMISSION EXPIRES ____~L__LLV_OL_ -J--l-__
COUNTY WHERE BOND IS FILED____A=--~_______
COMMISSION NUMBER -V LI VENDOR NUMBER NMro I certify under penalty ofperjury and the laws ofthe State ofCalifornia that the illegible portion ofthis document to which this statement is attached reads as follows
On before me personally appeared _______
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instniment and acknowledged to me that they executed
the same in their authorized eapaeity(ies) and that by their sipature(s) on the instrument
the person or the entity upon behalfofwhich the person(s) acted executed the instrument
I certify under PENALTY OF PERJURY and the laws of the State ofCalifornia that the foregoing paragraph is true and correct
BREA
SIGNATURE DATE O- l 101 Cisectiltshy
a-eated By tammlef Printed 428201624012 PM PSTPage 3 of4Order Non-Order Search Doc OR2013 00230543
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
Branch LSNUser 1~ Comment Station Id SUUP
ellAGiJanIdait Fonn No 22 (R8rised ot-1N8)
EXHISITA
REF NO2011middot79S3
PMCB1
LOT ItQF TRACT NO11J3O THE CRY QF YORBA LINDA COUNTY QF ORANGE STAlE QF CALFORNIA AS SHOWN ON 1JE SUBDIVISION MAP RECORDED DECallllt 13 2GOI1OCIK 131 PAGES 2510 2111tCWSIVE QF WSCELlANEOUS IMPS bull nE OFFICE ClP THE COUNlY RECORDER ClP SAID COUN1Y
PARCEIZ
IIOfHXCIUSIVE EAIIiIIEN1S FORACCE8S1NGREBS EGRESS USE OIF ENJOYIIENT DRAINAGe ENCROACIIIIENf SUPPORTIIAIN1ENANCE REPAIRS AND fOR 01HER PURPOIIampS ALL AS DElCRftED THE DECLARATION AND THE MAP
7
ORANGECA Page 3 of3 Printed on 411512013 II4033 AM Docmnent FD 2013136648
Order Non-Grder Search Doc OR2013 00230543 Page 4 of4 Created By tammief Printed 4282016 24012 PM PST
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
EXHIB1TD EXHIBiTilAGE ~ DE 3
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
tlSCf 1N) rlE~middotUfiii)BY ti(J TIlLE )MPANY
RECORDING REQ~N BRANCH TicorTitie
AND WHEN RECORDED MAIL TO Sean D Willis
4613 Ponderosa Way YOrOa Linda CA 92886
Title Order No 167099middot17 Escrow No 300191-B8
Recorded in Official Records Orange county
Tom Daly Clerk-Recorder
1I11~11111II111II~1I11111111111111111111111111111111111111 900
2004001111269 0353pm 1214104 11980022
7150071500 000 000 300 000000 000
Space above this line for Recorders use APN 334-251-38
Grant Deed THE UNDERSIGNED GRANTOR(S) DECLARE(S) City Transfer Tax is $000 County Transfer Tax is $143000
(X) Computed on the full consideration or value of property conveyed OR
( ) Computed on the full consideration or value less liens or encumbrances remaining at time of sale (X) City of Yorba Linda and
FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged CON-AM INC A California Corporation
hereby GRANT(S) to Sean D Willis a single man
the real property in the City of Yorba Linda County of Orange State of California described as
lot 24 Tract 15730 in the City of Yorba Linda County of Orange California as per map recorded in Book 838 Page(s 25 to 28 inclusive of Miscellaneous Maps in the Office of the County Recorder of said County
CON-AM INC A California Corporation
2~- 7 David Wojtaszek
Dated November 3 2004 State of California
SS County of OranjlEl On Noltrrdtler I 2lt204 before me the undersigned a Notary Public in and for said State personally appeared DltAJitl ~1asxek
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hislhertheir authorized capacity(ies) and that by hisherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument
~l1nlifl10 gtgt shy
WPtNeiS~ hand and official seal -~ c~i~middotfIIti ~~middot~middot-~tf~~~ rW- ~Z1~~~SimiddotRil~middot-~middot)i~~i~i
MAil TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Created BV tammief Printed 4282016 22535 PM PST Order Non-Order Search Doc OR2004 01111269
EXHIBlTJLPAGE --OF_3
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-
GOVERE~1 CODE 273617
I CERTlfyen L1-o1gtER PENALTY OF PEIUlJRY THAT THE NOTARY SEAL 0- THE DOCtjME~l TO VHICH THIS STATE1t(E-iT IS ATTACHED READS AS FOLLOWS
K~E OF THE SOTA~Y 1- Gl~~tetfe 2
DATE COM)ISSO- ExPrRES A~( dre1
CO_TY =t= 3middot)-1) IS FILEJ O(tt~-C ~+y
CO~middot~cssro- --_)SR 140~1 0
SG~lTl2 ftfVcZ ---------------~~~~----~~----------------------
I CE~TrrY L~wE~ E-AlT1 OF PERJlRY ATJ TiE LA-5 OF Tr STATE OF CA~ORVl~ THAT THE fiLEGGLE PORTIOK OF Tn1S DOCt)E~T TO EKE T-5 STlTE~E-- IS A TTACF2D REAi)S AS FOLLOWS
PLACE OF EGCtTIOs ______---DATE _______
SrGNATt~2 ___________________________________-___________
f Printed 4282016 22535 PM PSTCreated By tammle bull
Page 2 of 2 h Doc OR 20M 01111269
Order NonmiddotOrder Searc EXHIBtTiPAGE 3 or-~~
- Exhibit A13
- Exhibit B13
- Exhibit C13
- Exhibit D13
-