Download - 12 31 11 CV08-01709 Carpentier 0204 62337 EMERGENCY MOTION for for Tro or Nrcp 60b Set Aside
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EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THEALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT
Nevada is one of the Western States of the US that are Non-Judicial States. In these
states, foreclosures are governed by State Civil Code. These homeoners have it the
toughest being in a non-!udicial state, "enders need not #rove anything, some might say,
but it seems #retty clear they at least N$$% T& S$N% T'$ (&TI&N )&*
SU((+* JU%($NT T& S&($&N$ &T'$* T'+N +N +TT&*N$ W'&
'+% *$/I&US" 0$$N *+NT$% +N &*%$* +""&WIN 'IS
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 1
2%ocument Code34ach Coughlin, $s5.N/ 0ar No3 678917:: $. 6thSt. ;:*eno, N/ 1Tele3 88=-::6-?898)a@3 676-??8-87>:
ro #er +##ellant4achCoughlinAhotmail.com+ttorney for Joni and James Car#entier
J+($S C+*$NTI$*, $T +",laintiff
v.
++($S )UN%IN C&* $T+",%efendant
Case No3C/>18>6%e#t No3 8
EMERGENCY MOTION FORTRO/INJUNCTION; or PLED IN THEALTERNATIVE; MOTION TO SETASIDE ORDER GRANTINGSUMMARY JUDGMENT
IN T'$ S$C&N% JU%ICI+" %IST*ICT C&U*T &) T'$ST+T$ &) N$/+%+ IN +N% )&*
T'$ C&UNT &) W+S'&$
F I L E DElectronically
12-31-2011:04:45:40 PMCraig Franden
Clerk of the Court
Transaction # 2676622
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WIT'%*+W+" )*&( T'IS (+TT$* B+N% %& "I$WIS$ )&* T'$ +%%*$SS
"IST$% IN T'$ C*$%IT&* (+T*ID IN T'$ %$"+W+*$ 0+N*UTC
T'+T ST+$% T'IS (+TT$* )&* &/$* &N$ $+*E, T'+T T'$ N$$% T&
UT T'$ C&**$CT C+S$ NU(0$* +N% C&U*T IN T'$ C+TI&N )&*
SUC' "$+%INS, $TC., $TC W'I"$ S&($ (+ C*ITICI4$ T'$
UN%$*SIN$% W&* IN T'$ )I"IN, CITIN T& )&*(+TTIN ISSU$S,
$TC., N& &T'$* +TT&*N$ W&*IN &N T'IS C+S$, ++*$NT",
%ISC&/$*$% T'$ )+CTU+" ISSU$S *$"+T$% T& %$)ICI$NCI$S IN T'$
N&TIC$FS$*/IC$F%U$ *&C$SS ISSU$ W*&U'T 0 T'$ )+I"U*S &)
&&SIN C&UNS$" T& +*&*I+T$" +%%*$SS T'$I* *&&)S &)
S$*/IC$FUT T'$ C&**$CT IN)&*(+TI&N IN T'$ C+S$ C+TI&NF"IST
T'$ C&**$CT +%%*$SS IN T'$ %$"+W+*$ 0 C*$%IT&* (+T*ID....
C&($ N&W, laintiffs J+($S S. C+*$NTI$* and J&+N $.
C+*$NTI$*, by and through their attorney, 4ach Coughlin, $s5, and asGs this
court to #ut on ice the Trustee Sale allegedly set for )ebruary =th, :>11 via an
in!unction. &n July 1=, :>11 a Notice of $ntry of &rder as entered in the courtHs
docGet shoing an &rder granting *$SI%$NTI+" C*$%IT S&"UTI&NS INC,
+N% U+"IT "&+N S$*/IC$ C&*&*+TI&NHS (&TI&N )&* SU((+*
JU%($NT. Counsel Coughlin admits at the outset that this motion is somehat
thron together in a rush, due largely to an allegedly rongful summary eviction
from the undersignedHs la office, based on a No Cause $viction notice and
involving a commercial lease, even though N*S 7>.:=9 bars the use of summary
eviction #roceedings in such circumstances, and here, even if the *eno Justice
Court found Coughlin as a residential tenant, it denied Coughlin the stay, hich
ould seem one of the automatic variety, accorded to residential tenants ith a
monthly rental value under 21,>>> #ursuant to N*S 7>.9
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obstacles, o##osing counsel in that eviction matter *ev:>11->>18>< is a##ly hat
the undersigned feels is an unlaful rent distraint u#on clientHs files and #ersonal
#ro#erty, including materials and e5ui#ment essential to CoughlinHs #ractice of la.
To that e@tent, Coughlin has herein cited to )ederal authority for basic things, such as
the standard for a (otion for *econsideration Band barely, if any tolling authority to
get #ast the :> day re5uirement of W%C* 19B8E and *ule 1: is included herein,
hoever, Coughlin commits to curing such deficiencies in short order and to maGe
great efforts not to #re!udice o##osing counsel ith unsu##orted argument or
allegations hilst still ealously #rotecting his clients rights. This is easier said than
done given the the inordinately ve@atious conduct the undersigned has been sub!ected
to lately incident to a rongful eviction stemming from a Commercial "ease here
non-#ayment of rent as not alleged, yet a Summary $viction roceeding tooG #lace
anyay, and to to# it off, a rent escro de#osit as forced u#on the undersigned to
the tune of 2:,:8? in the middle of the Summary $viction roceeding, in direct
violation of N*S 7>.:=9B?E, and JC*C 11 Bo##osing counsel
Schuler-'int did send an email to the undersigned late in the night of %ecember 111, asserting that the Trustee Sale has been #ost#oned again to early )ebruary,
:>1:, and, not to im#ugn (s. Schuler-'int credibility, nor that of (r. 4imbleman,
but there does seem to be authority to suggest that Trustee Sales and the attendant
scheduling changes, es#ecially those not reduced to a ritten sti#ulation, are a very
hard thing to #in don and that verbal or email assertions by the Trustee or banGs
re#resentatives or counsel are largely not something one can legally rely u#onE. This
is the second time the undersigned has sent o##osing counsel some eleventh hour
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 9
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corres#ondence, only to me told, basically, Koh, the sale as moved a cou#le days
agoL des#ite the fact that neither the undersigned or either of his clients Bthe timing of
hose divorce dovetailed 5uite nicely ith this foreclosure matterE as $/$*
informed of either of these #ost#onements of the scheduled TrusteeHs Sales and here
the undersigned has no reason to believe that these sales are being #ost#oned for any
reason other than the undersignedHs s5uaGing, and here o##osing counsel has
continually failed to #rovide any #roof that these #ost#onements occurred #rior to
said s5uaGing Bthe undersigned does recognie that it is #ossible that such
#ost#onements are a matter of the #ublic record and that such a hunch by the
undersigned might be !ust #lain rongE. 'oever, a collection of materials and
notices from the Washoe County *ecorderHs *ecords available online hich indicate
that they Trustee Sale that as a##arently scheduled for %ecember :1, :>11 as not
recorded, and some of the notices and recordings in this matter seem sus#ect ith
res#ect to the date they ere filed versus the date of service indicated on them, etc.,
etc., much liGe the #leadings in the instant case.
The undersigned hereby re5uires the trustee to verify a com#rehensive list of
issues related to the legal nature of the foreclosure #roceedings enacted by the lender,
hich as a by#roduct, Car#entier as homeoner still retains full onershi# of the
#ro#erty and lives there. The Trustee assumes the liability in auctioning the #ro#erty,
and should not foreclose on the #ro#erty if there is a #otential violation #ointed out
to them #rior to the +uction Sale %ate as they could face sanctions and ultimately
lose their license. To that end, the undersigned seeGs a definite e@tension of time to
verify these matters Band the overcome the deleterious effect rought on the
undersigned life and la #ractice by the rongful eviction and alleged a##lication of
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 7
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an unlaful rent distraint and other bad faith conduct by the defendant and his
counsel in *eno Justice Court case *ev:>11->>18>11->>18>>6 I caused the above and foregoing document entitled N&TIC$ &)
0+N*UTC )I"IN +N% +UT&(+TIC ST+ to be served as follos3 @ by #lacing
same to be de#osited for mailing in the United States (ail, in a sealed envelo#e u#on hich
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT =
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first class #ostage as #re#aid in "as /egas, NevadaM andFor @ to be sent via facsimileM to
the #artyBiesE andFor attorneyBsE listed belo at the address andFor facsimile number
indicated belo3
Ja#es M 9a%s*, Es Do0$%e R .%v( S0")e ARe&o, Neva(a >-?+@
A))or&e2s 3or Ja#es S Car'e&)"er a&( Joa& E Car'e&)"er
F0r)*er, Ms S1*0%erH"&)B 3a"%e( )o res'o&( a''ro'r"a)e%2 )o )*e Or(er Gra&)"&4
9a%s*5s 9")*(rawa% as A))or&e2 o3 Re1or(, a&( )*e s0$se Do0$%e R .%v( S0")e A
Re&o, Neva(a >-?+@ A))or&e2 3or P%a"&)"33
F0r)*er, )*e 1a')"o& o& Ms H"&)B Mo)"o& "&("1a)es )*e 1ase "s "& De'ar)#e&) =,
(es'")e )*e 3a1) )*a) '# Fe$r0ar2 @@, +-, a Case Ass"4e&) No)"3"1a)"o& E&)r2 was
e&)ere( "& )*e (o1e) 3or )*"s 1ase CV>@-, "&("1a)"&4 )*"s CASE REASSIGNED
TO DEPARTMENT FROM DEPARTMENT = PER ADMINISTRATIVE ORDER
T*e&, 3or so#e reaso& )*a) "s &o)
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RESIDENTIAL CREDIT SOLUTIONS , INC AND UALITY LOAN SERVICE
CORPORATIONS MOTION FOR SUMMARY JUDGMENT, H0&)er a4a"& '0)s
De'ar)#e&) = "& )*e 1ase 1a')"o& w*ere De'ar)#e&) s*o0%( $e
> F"&a%%2, o& J0%2 @?, +@@ )*"s Co0r) 4ra&)e( D"s)r"1) Co0r) R0%e @ 'rov"(es,
KFa"%0re o3 )*e o''os"&4 'ar)2 )o serve a&( 3"%e *"s wr"))e& o''os")"o& #a2 $e
1o&s)r0e( as a& a(#"ss"o& )*a) )*e #o)"o& "s #er")or"o0s a&( a 1o&se&) )o 4ra&)"&4 )*e
sa#eK T*0s, "& )*"s 1ase, )*e 1o0r) 1o&s)r0es P%a"&)"33s5, JAMES S CARPENTIER
a&( JOAN E CARPENTIER, a&( De3e&(a&)s5, AAMES FUNDING
CORPORATION a&( 9INDSOR MANAGEMENT COMPANY5S 3a"%0re )o o''ose
De3e&(a&)s5 RCS a&( LS5s Mo)"o&/or S0##ar2 J0(4#e&) as a(#"ss"o& )*a) )*e
Mo)"o& "s #er")or"o0s8
T*e J0%2 @?, +@ No)"1e o3 E&)r2 o3 Or(er "&1orre1)%2 %"s) De'ar)#e&) = "&s)ea( o3
De'ar)#e&) "& )*e 1a')"o&
T*e 9as*oe Co0&)2 Re1or(er5s we$ s")e (oes &o) %"s) a No)"1e o3 Tr0s)ee
Sa%e 3or )*e a%%e4e( Tr0s)ee sa%e )*a) was se) )o )ae '%a1e o& De1e#$er +@s),
+@
FACTS
1. +t all times mentioned herein, laintiffs James S. Car#entier and Joan $.
Car#entier, hereinafter collectively referred to as KC+*$NTI$*,L are husband and
ife residing in the County of Washoe, State of Nevada.
:. %efendants, %&$S I through DD are fictitious namesM that laintiffs are
ignorant of the true names of the individuals, cor#orations, co-#artnershi#s, and
associations so designated by said fictitious names, and hen the true names are
discovered, laintiffs ill seeG leave to amend this Com#laint and #roceedings
herein to substitute the true name of said %efendants. laintiffs believe that each of
the %efendants designated herein as %&$ is negligent or res#onsible in some manner
for the events herein referred to and negligently, carelessly, recGlessly and in a
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT
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manner that as grossly negligent and illful and anton, caused damages
#ro@imately thereby to the laintiffs as herein alleged.
9. +t all times mentioned herein, C+*$NTI$* is the oner of certain real
#ro#erty commonly Gnon as :->61-1:, hereinafter referred to as the
K*&$*T,L and more #articularly described as follo3
"&T ? &) "$WIS '&($S-S+*S N&. =-+, +CC&*%IN T& T'$ (+
T'$*$&), )I"$% IN T'$ &))IC$ &) T'$ C&UNT *$C&*%$* &)
W+S'&$ C&UNT, ST+T$ &) N$/+%+ &N JU"16, 168?, +S )I"$ N&.
718916 +N% +S T*+CT (+ N&. 1=>=, C+*$NTI$* had an e@isting mortgage
against the *&$*T in the a##ro@imate #rinci#al amount of 21=>,>>>.>>
=. &n or about (ay 7, :>>=, C+*$NTI$* as in default and in financial
trouble ith regard to the e@isting first %eed of Trust in that James S. Car#entier
became in!ured, as unable to orG, as receiving only orGmans com#ensation
#ayments, and Joan $. Car#entier at that time as unem#loyed.
?. &n or about (ay 7, :>>=, C+*$NTI$* as unable to meet their
current obligations under the first Note and %eed of Trust.
8. C+*$NTI$* received a mail solicitation to refinance their #ro#erty
from %efendant +ames )unding Cor#oration dba +ames 'ome "oan, hereinafter
referred to as K++($S.L
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6. In furtherance of the refinance, %efendant ++($S as re5uired to maGe
a loan a##lication. Said loan a##lication as filled out by the re#resentatives by
%efendant ++($S and intentionally misstated the income of C+*$NTI$* to be
in e@cess of 2?,>>>.>> #er month.
1>. The true fact as C+*$NTI$* received only 2:7>>.>> #er month, and
the true fact as Gnon to %efendant ++($S.
11. %efendant ++($S made a loan to C+*$NTI$* in the amount of
218>,>.>>.
1:. The loan made by %efendant ++($S as an ad!ustable rate hich
ould re5uire #ayments in e@cess of 217>>.>> #er month.
19. +t the time of maGing the loan and filling out the loan a##lication by
%efendant ++($S, %efendant ++($S made the loan ithout determining or using
any commercially reasonable means or mechanism to determine C+*$NTI$*s
ability to re#ay the loan and in fact Gne or should have Gnon that C+*$NTI$*
did not have the ability to re#ay the loan.
17. The 218>,>.>> loan closed on or about (ay 7, :>>=, and, on or about
that date, C+*$NTI$* did maGe, e@ecute and deliver a %eed of Trust securing
re#ayment of the ne loan. Said %eed of Trust having been given to %efendant
Windsor (anagement Co., a California cor#oration, as Trustee by James S.
Car#entier and Joan $. Car#entier, husband and ife as !oint tenants, as Trustors in
favor of %efendant +ames )unding Cor#oration dba +ames 'ome "oan, as
0eneficiary. Said %eed of Trust as recorded (ay 7, :>>= as %ocument No.
9:>
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1?. %efendant ++($S has assigned the right to collect under the terms and
conditions of the romissory Note and the %eed of Trust to %efendant *esidential
Credit Solutions, Inc., hereinafter referred to as K*$SI%$NTI+",L as of (ay 91,
:>>8.
18. C+*$NTI$* has contacted %efendants ++($S and *$SI%$NTI+"
in an attem#t to again refinance but informed %efendants ++($S and
*$SI%$NTI+" of their inability to 5ualify, and %efendants ++($S andFor
*$SI%$NTI+" offered to #rovide them ith false and fraudulent W: )orms in order
to meet financial re5uirements. C+*$NTI$* declined to #artici#ate in this loan
fraud.
1>< as %ocument No. 9?:6871, &fficial *ecords of Washoe
County.
16. Subse5uent to the recordation of the Notice of 0reach and %efault,
%efendant ++($S has recorded a Notice of Trustees Sale scheduling sale on the
*&$*T for July 6, :>>< at the hour of 113>>am at the County Court 'ouse
located at /irginia Street and Court Street in the City of *eno. The Notice of
Trustees Sale as recorded June 16, :>>< as %ocument No. 9??1768, &fficial
*ecords of Washoe County.
:>. The actions of %efendant ++($S in failing to maGe a determination of
C+*$NTI$*s ability to re#ay the loan and inducing them to enter into said loan
constitutes an unfair lending #ractice #ursuant to the #rovisions of N*S =6>.
:1. C+*$NTI$* has been damaged as a direct and #ro@imate result of
unfair lending #ractices of %efendants ++($S and *$SI%$NTI+", and
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 11
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C+*$NTI$* is entitled to damages and treble damages #ursuant to the #rovisions
of N*S =6.
::. C+*$NTI$* is entitled to their attorney fees #ursuant to the #rovisions
of N*S =6B:EBbE.
:9. C+*$NTI$* is further entitled to an offset against all sums oed under
the romissory Note secured by the %eed of Trust as herein alleged #ursuant to the
#rovisions of N*S =6B9E.
:7. C+*$NTI$* is further entitled to have this court cure any e@isting
default of the home loan and cancel the #ending foreclosure and Trustees Sale
#ursuant to the #rovisions of N*S =6B9E.
:=. 1laintiffs incor#orate herein by this reference all #a#ers and #leadings on
file in this action.
:?. +s a direct and #ro@imate result of the actions of %efendants ++($S
and *$SI%$NTI+", C+*$NTI$* is in danger of loosing their interest in uni5ue
real #ro#erty by virtue of the foreclosure sale.
:8. C+*$NTI$* is entitled to a tem#orary restraining order, #reliminary
in!unction and #ermanent in!unction #recluding %efendants from conducting a
foreclosure sale of the *&$*T.
:11, folloing their default in their
mortgage #ayments. The home remains occu#ied by the title oner. The Notice of
Sale did not give Joni or James Car#entier the re5uisite notice of the date of the
foreclosure sale. ursuant to N*S 1>8.>, the foreclosure trustee must record a
Notice of Sale and give notice of the time and #lace of the sale by B1E #ersonally
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 1:
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serving or mailing the notice by registered or certified mail to homeoner and others
Oentitled to noticeOM B:E #osting the notice in a #ublic #lace here the #ro#erty is
located for :> successive daysM B9E #ublishing a co#y of the notice 9 times Bonce a
eeG for three eeGsEM +N% B7E #osting the notice on the #ro#erty 1= days before the
sale date. The Notice of Sale as recorded on &ctober 9 ith a sale date of &ctober
:1. This is only an 1< day notice #eriod. This fails to com#ly ith at least section B:E
above, and #erha#s section B7E should they fail to #ost the notice on the #ro#erty on
or before &ctober ?, de#ending u#on hether section B7E re5uires that action to occur
ithin 6> days or to occur only after the #assing of 6> days.
9>. The substitution of uality "oan Servicing as the foreclosure trustee as not
recorded. Under the %eed of Trust *ecorded on +#ril 1>=, Windsor
(anagement Co. as named as the Trustee. No document could be found ith the
*ecorderHs &ffice indicating any entity substituted uality "oan Servicing as the
foreclosure trustee under the %eed of Trust.
91. %efendantHs have substantially de#arted from the notice, manner of service,
and #rocess re5uirements of various la, including, but not limited to N*S 1>8.>.
When in5uiry as made ith %efendantHs as to the basis, reasoning, and !ustifications
for the de#artures, laintiffHs ere told that Kits your ord against oursL and
otherise res#onded to in a hostile, aggressive, and dece#tive manner. (ore
discovery is in order in this regard.
+ However, as Mr !"#$e%#a& 'rov"(e(, )*e A'r"% +- .a&r0')12 3"%"&4 "&
De%aware $2 !"#$e%#a&5s 1%"e&) %"s)e(, "& )*e Cre(")or Ma)r"6, a 7Cre(")or No)"1e
Na#e8 o3 9a%s*, .aer, : Rosevear, )*e Car'e&)"ers )*e& 3or#er a))or&e2, as Ja#es
9a%s*5s Mo)"o& )o 9")*(raw as Co0&se% *a( $ee& 4ra&)e( $2 )*"s 1o0r) O& Ja&0ar2
++, +-, w")* 9a%s* 3"%"&4 a No)"1e o3 E&)r2 o3 )*a) Or(er o& Ja&0ar2 +, +-, "&
'%e&)2 o3 )"#e 3or !"#$e%#a&5s 1%"e&) )o 0'(a)e )*e 7Cre(")or No)"1e Na#e8 a&(
a((ress )o re3%e1) )*e 3a1) )*a) 9a%s* was &o) a))or&e2 o3 re1or( 3ro )*e Car'e&)"ers
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 19
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a&2#ore, a&( )*a) )*ose &o)"1es s*o0%( *ave $ee& se&) ("re1)%2 )o )*e Car'e&)"ers
I&(ee(, Mr !"#$e%#a&5s CERTIFICATE OF SERVICE P0rs0a&) )o NRCP
?$, 3or *"s Ma2 @-, +- 3"%"&4 o3 NOTICE OF .ANRUPTCY FILING AND
AUTOMATIC STAY rea(s 7I 1er)"32 )*a) I a# a& e#'%o2ee o3 PEEL .RIMLEY
LLP a&( )*a) o& )*"s @-)* (a2 o3 Ma2, +- I 1a0se( )*e a$ove a&( 3ore4o"&4
(o10#e&) e&)")%e( NOTICE OF .ANRUPTCY FILING AND AUTOMATIC STAY
)o $e serve( as 3o%%ows 6 $2 '%a1"&4 sa#e )o $e (e'os")e( 3or #a"%"&4 "& )*e U&")e(
S)a)es Ma"%, "& a sea%e( e&ve%o'e 0'o& w*"1* 3"rs) 1%ass 'os)a4e was 're'a"( "& Las
Ve4as, Neva(a; a&(/or 6 )o $e se&) v"a 3a1s"#"%e; )o )*e 'ar)2"es a&(/or a))or&e2s
%"s)e( $e%ow a) )*e a((ress a&(/or 3a1s"#"%e &0#$er "&("1a)e( $e%ow
Ja#es M 9a%s*, Es Do0$%e R .%v( S0")e ARe&o, Neva(a >-?+@
A))or&e2s 3or Ja#es S Car'e&)"er a&( Joa& E Car'e&)"er
= F0r)*er, Ms S1*0%erH"&)B 3a"%e( )o res'o&( a''ro'r"a)e%2 )o )*e Or(er
Gra&)"&4 9a%s*5s 9")*(rawa% as A))or&e2 o3 Re1or(, a&( )*e s0$se Do0$%e R .%v( S0")e A
Re&o, Neva(a >-?+@ A))or&e2 3or P%a"&)"33
F0r)*er, )*e 1a')"o& o& Ms H"&)B Mo)"o& "&("1a)es )*e 1ase "s "& De'ar)#e&) =,
(es'")e )*e 3a1) )*a) '# Fe$r0ar2 @@, +-, a Case Ass"4e&) No)"3"1a)"o& E&)r2 was
e&)ere( "& )*e (o1e) 3or )*"s 1ase CV>@-, "&("1a)"&4 )*"s CASE REASSIGNED
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TO DEPARTMENT FROM DEPARTMENT = PER ADMINISTRATIVE ORDER
? T*e&, 3or so#e reaso& )*a) "s &o) @- #01* %ess )*e 304")"ve or 3"1)")"o0s 1ase CV-@- )*a) Mr H0&)er
%"s)e( "& )*e Ca')"o&, "& a C%ar Co0&)2 D"s)r"1) Co0r) 1ase 3"%e( "& 9as*oe Co0&)2,
"&("1a)"&4 )*"s CASE REASSIGNED TO DEPARTMENT FROM DEPARTMENT
= PER ADMINISTRATIVE ORDER So, )*e Car'e&)"ers were $0r(e&e( w")* $o)*
a))or&e2s se&("&4 "#'or)a&) '%ea("&4s )o o&e w*o was &o %o&4er A))or&e2 o3 Re1or(
3or )*e Car'e&)"ers, (es'")e a No)"1e o3 E&)r2 o3 )*a) Or(er Gra&)"&4 9")*(rawa% o3
Ja#es 9a%s*, Es
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&0#$er a&( )*e wro&4 De'ar)#e&) &0#$er, %"s)"&4 CV-@- a&( De'ar)#e&) =
w*ere CV>@- a&( De'ar)#e&) s*o0%( $e I&)eres)"&4%2, E6*"$") )o H0&)er5s
J0&e +, +@ Mo)"o& 3or S0##ar2 J0(4#e&), w*"%e 1o&)a"&"&4 )*e )e6) o3 )*e
De%aware Co0r)5s Or(er re#ov"&4 )*e s)a2, (oes&5) 1o&)a"& )*e De%aware .a&r0')12
Co0r)5s Proo3 o3 Serv"1e 3or )*a) Or(er 0'o& )*e Car'e&)"ers
Ne6), o& J0%2 @+)*, +@ REUEST FOR SU.MISSION OF DEFENDANTS
RESIDENTIAL CREDIT SOLUTIONS , INC AND UALITY LOAN SERVICE
CORPORATIONS MOTION FOR SUMMARY JUDGMENT, H0&)er a4a"& '0)s
De'ar)#e&) = "& )*e 1ase 1a')"o& w*ere De'ar)#e&) s*o0%( $e
> F"&a%%2, o& J0%2 @?, +@@ )*"s Co0r) 4ra&)e( D"s)r"1) Co0r) R0%e @ 'rov"(es,
KFa"%0re o3 )*e o''os"&4 'ar)2 )o serve a&( 3"%e *"s wr"))e& o''os")"o& #a2 $e
1o&s)r0e( as a& a(#"ss"o& )*a) )*e #o)"o& "s #er")or"o0s a&( a 1o&se&) )o 4ra&)"&4 )*e
sa#eK T*0s, "& )*"s 1ase, )*e 1o0r) 1o&s)r0es P%a"&)"33s5, JAMES S CARPENTIER
a&( JOAN E CARPENTIER, a&( De3e&(a&)s5, AAMES FUNDING
CORPORATION a&( 9INDSOR MANAGEMENT COMPANY5S 3a"%0re )o o''ose
De3e&(a&)s5 RCS a&( LS5s Mo)"o&/or S0##ar2 J0(4#e&) as a(#"ss"o& )*a) )*e
Mo)"o& "s #er")or"o0s8
- T*e J0%2 @?, +@ No)"1e o3 E&)r2 o3 Or(er "&1orre1)%2 %"s) De'ar)#e&) = "&s)ea( o3
De'ar)#e&) "& )*e 1a')"o&
= T*e 9as*oe Co0&)2 Re1or(er5s we$ s")e (oes &o) %"s) a No)"1e o3
Tr0s)ee Sa%e 3or )*e a%%e4e( Tr0s)ee sa%e )*a) was se) )o )ae '%a1e o& De1e#$er +@s),
+@
II LA9 AND ARGUMENT
I. The &rder ranting Summary Judgment $ntered +gainst laintiff Should be
Set +side or /acated %ue to it being /oid )or "acG of Jurisdiction iven theNumberous %eficiencies in Service of $ssential leadings and Notices U#on thelaintiffs, $@cusable Neglect, )raud on The Court, an Intervening %ecision of theNevada Su#reme Court, To of them, from July 8, :>11, and The &verly "ongassing of Time 0eteen No and the ranting of the Summary Judgment &rder.
The e@cusable neglect argument is 5uite strong given 'itn and 4imblemanHs
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continual failure to a##ro#riately address their roofHs of Service an or #ut the correct
case number or Court in the Ca#tion for im#ortant filings Bsuch as the (otion for
Summary JudgmentE. (ight be a voidness basis for Setting +side the &rder +s
Well, lacG of !urisdiction here im#ortant #leadings, such as the (otion for
Summary Judgment ere not a##ro#riately served or noticed, no 1 limitations
#eriod under N*C ?>BbEB7E void basis for setting aside, further tolling arguments
and facts are #resent in this matter ith res#ect to the N*C ?>BbEB1-9E basis due to
the alleged failure of #revious attorney (ahan Bho a##arently never filed a notice of
a##earance des#ite getting a Nissan Dterra signed over to her, though, according to
Jim Car#entier, she did have her mother accom#any (r. Car#entier to former
attoreny WalshHs office to have it e@#lained to Car#entier that his case as a lost
cause by the attorney ho had ithdran from Car#entierHs case already. (ahan
a##arently failed to s#ot the deficiencies in serviceFnotice, addressing mailings to one
ho as no longer attorney of recordFlisting an inccorect address in the creditor
matri@, rong case numberFrong court in ca#tion, etc., etc. that the undersigned
s#otted. )urther, (r. Car#entier a##arenty had some dealings ith another attorney,
a Shan atterson, ho allegedly counseled (r. Car#entier, only to Kcall a friend of
his in the industryL for some in#ut, '&W$/$*, T'$ )*I$N% IN T'$ IN%UST*
JUST S& '+$N$% T& 0$ &&SIN C&UNS$" &N (*. C+*$NTI$*HS
C+S$, *ISTIN SC'U"$*-'INT4, hereu#on the KdiscoveryL of that
circumstance Band after, a##arently, a good deal of #erha#s #rivleged information
as relayed to o##osing counselE, (r. atterson informed (r. Car#entier that he as
needed to a#ologie to (r. Car#entier as he Kas afraid he had aaGened a slee#ing
giantL in light of his, a##arently, inadvertently contacting o##osing counsel in an
attem#t to seeG advice from a Kfriend in the industryL, hereu#on (r. attersonHs
contacting (s. 'int a##arently resulted in immediate aggressive action by 'int
against Car#entierHs interest in this matter Bostensibly the &ctober :>11 Trustee Sale
as set in #lace, ith a causal correlation evident ith res#ect to (r. attersonHs call
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to o##osing counsel 'int. (aybe the Car#entierHs have some of these things rong,
and attorneyHs atterson and (ahan deserve an o##ortunity to rebut any allegation of
conduct that ould #rovide a N*C ?>BbE basis for setting aside the &rder ranting
Summary Judgment in this matter. )urther, the &rder granting Summary Judgment is
void given the lacG of !urisdiction #ossessed by this Court here so many essential
deficiencies e@ists in this matter related to the most #ertinent filings and notices
#ossible. There is, a##arently, some indication that the &rder ranting Summary
Judgment is too old, and that 'int, et al, have taGen far too long to act on it, and
therefore it is legally unenforceable. )urther, a N*C ?>BbE basis for setting aside
the &rder may e@ist ith res#ect to all the fraudulent activity that #ermeates this
industry, #articularly ith res#ect to lenders seeGing to bring actions here the lacG
standing, cannot #roduct the note, etc, etc.
What follos are useful selections from something called the K)oreclosure %efense'andbooGL3
Kerfection of Chain of Title
In January :>11 , the (assachusetts Su#reme Court issued a decision in U.S.
0+N N+TI&N+" +SS&CI+TI&N /S. +ntonio I0+N$4 in hich all the
Justices unanimously agreed. In order for the banG to be able to foreclose,
they must sho a #erfection of chain of title, both in the %eed of
TrustF(ortgage and the romissory note. It as also ruled that a blanG
assignment as not acce#table #roof of #erfection of title for the #romissory
note.
This is 'U$. ou should be referring to this case and motion the court to
taGe Omandatory !udicial noticeO for the ruling decision in your case if you are
considering doing any sort of litigation, hether as a defendant in a Judicial
State or as a laintiff in a Non-Judicial State.
'ere are the im#ortant #oints you need to understand from this Su#reme Court
decision 3
1E + %efective Title cannot be fi@ed .
The (assachusetts Su#reme Court ruled that the banG has to demonstrate
#erfection of title at the time the Notice of %efault is issued .
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+ defective title is liGe bad food . &nce food has gone bad , you can never fi@ it.
The same goes ith the %eed of TrustF(ortgage. The OlenderO cannot retro sign
or Oreverse engineerO the Chain of Title after the fact. 0ut most of the time this is
the case hen it is handled by a foreclosure mill. They have robo-signers hose
!ob is to sign bogus assignments and reverse engineer titles.
It is your !ob to challenge this #oint hen your lender #resents su##osed O#roofHbefore the court. &ftentimes, they ill bring in a #hotoco#y of the %eed of Trust
made years ago at the time you closed on your loan . The #hotoco#y does not
and cannot attest to ho the current real and beneficiary #arty in interest
is.
:E The 0anG must sho a #erfection of the Chain of Title for the %eed of
TrustF(ortgage
This means that any assignments of the romissory note must also be reflected
at the county recorderHs office Band not ith ($*S- I ill talG about ($*S in a
bitE.
If an assignment of the romissory Note is not recorded on the County *ecords,
then #erfection is not achieved.
What this means is, if you can #rove that your note has been securitied or sold
to another #arty aay from your original lender, and that they did not record this
assignment at the County *ecorderHs &ffice, then bifurcation occurred . This
leads to a defect In the chain of title, maGing the %eed of TrusU(ortgage
unenforceable.
9E The 0anG must sho a #erfection of the Chain of Title for the romissory
Note
If e have a situation here you closed ith 0anG + and 0anG + sold the note to
0anG 0, ho then sold the note to a *$(IC Bsecuritied the noteE, then it as
ruled that there must be a chain of endorsement follo ing Uniform Commercial
Code P 6-:>?. Ty#ically, this is done in the form of a stam# on the bacG of the
#romissory note from 0anG + to 0anG 0 as Oay to the &rder of 0anG 0 Without
*ecourseO.
Title must sho this chain of Oay to the &rder ofH on the bacG of the note, !ust
liGe it ould on a checG, all the ay to the last #erson trying to collect on the
note. If the banG cannot sho this chain of title ending in a #oint as the #erson on
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the title, it does not have #erfection of title and is not eligible to collect.
In order to collect and enforce the note under UCC P 6-9>1 , the #arty enforcing
the note must demonstrate that it has the #osition of 'older in %ue Course or
having authority from the 'older. )ailing that, the banG is committing theft.
7E 0lanG +ssignments are Not +cce#table
It is ST+N%+*% 0+N *+CTIC$ to maGe blanG assignments to avoid the#roblem of having to maintain #ro#er chain of title on the #romissory note. In
#revious situations, the courts have alloed blanG assignment and #ossession to
be acce#table forms of #roof of claim.
With the (assachusetts Su#reme Court ruling , th is is no longer true. 0lanG
assignments are no longer acce#table forms of #roof of erfection.
"et me re#eat th is if you missed it.
If your note has been securitied, then the banG that is handling the securitiation
+"W+S creates a 0lanG +ssignment to be used in the event a foreclosure
action is initiated and #roof of title needs to be #roduced . +ll they do is to give the
blanG assignment #romissory note to the #arty ishing to foreclose and voila Q
With your nefound Gnoledge, you no Gno ho to build an ob!ection to this
#ractice.
If you refer to #oint 1E, the banG cannot reverse engineer these assignments.
&nce the instrument is defective, it is forever defective. ro#er assignment must
be done in con!unction and at the time of the deed , not retros#ectively....
Illegal Trustee Argument
There have been two instances in which a Federal Court Judge issued a
statewide injunction freezing all foreclosures against homeowners against Bank
of America and Recontrust !ne was in "tah in late #$%$& and more recentl'& in
Januar' #$%% in (evada& because in both instances& Recontrust is not registered
to do business in that state
If a com)an' wants to do business in a state& it needs to register within that state
as an entit' This wa'& if someone within that state wants to sue them& the' can
look u) who the owners are& and where the' live& so the' can be )ro)erl' servedwith a summons
In almost all instances& these foreclosure mills are not registered to do business
in the state the' are attem)ting to foreclose in
*an' homeowners have used this defense to at least forestall foreclosure It is
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not enough to sto) a forectosure& but it is another claim the homeowner can
make in a +uiet Title Action defense making the argument that the Trustee is a
,non-entit' ,.
The Reconve'ance Argument
This strateg' comes from an attorne' in California who is doing this with his own
house
If 'ou look at 'our /eed of Trust or *ortgage& 'ou will invariabl' see language
that covers the clause of ,reconve'ance, The language t')icall' goes like this0
,#1 Reconve'ance ")on )a'ment of al2 sums secured b' this 3ecurit'
Instrument& 4ender shall re5uest Trustee to reconve' the 6ro)ert' and
shall surrender this 3ecurit' Instrument and all notes evidencing debt
secured b' this securit' agreement to trustee n
7hen 'ou have a situation where0
a8 The note can be )roven that it was securitized& then it can be )roven that
the lender has& in fact& been )aid in full
b8 The note has been sold from Bank A& to Bank B& and then to Bank C& who
is tr'ing to foreclose
In an' event& this strateg' involves bringing a civil action against the !riginator9
Bank A& re5uiring them to do their job in a breach of contract civil action
:ou see& a /eed of Trust secures the )romissor' note It is the /eed of Trust
that gives the 4ender the ,)ower of sale, clause to foreclose If the original lender
is forced to issue a reconve'ance& then the /eed of Trust has colla)sed
This is a ver' effective& 'et eas'& method some )eo)le have used to sto)foreclosure& reason being that0
a8 The originator is often out of business and cannot res)ond to the civil
action& thus the homeowner wins b' default
b8 The !riginator had alread' sold the note with ,no recourse, This means
the R;*IC or the servicer can (;
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It is for this reason that the !riginator often doesn>t show u)& or settles when
confronted with this strateg'
If 'ou are interested in learning more about this strateg'& we have a sam)le kit
that will guide 'ou through the )rocess on our site at0
htt)022wwwconsumerdefense)rogramscom 4ook under the 6roducts tab for the
,+uick Reconve'ance *ethod /
The /ebt s anal'ze the Fair /ebt Collections 6ractices Act& and s)ecificall' the )ortion
governing the validation of debt "nder "3C Title %? 3ection %@#g8& 'ou are
entitled to ask a debt collector for the verification of the debt ")on dis)ute of the
debt& all collection activities must cease until the debt collector can validate the
debt 3adl'& the consumer has onl' 1$ da's to dis)ute the debt or else the'
admit to the debt
If 'ou have received a (otice of /efault (!/8 from 'our ,lender&, 'ou will see
that there is language s)ecificall' that sa's ,If 'ou do not dis)ute this debt within
1$ da's& then 'ou admit to owing this debt, o on o grab 'our letter and take
a good look
If 'ou have not received a (otice of /efault letter or if 'ou have received it within
1$ da's8& 'ou can still send a (otice of /ebt validation letter to 'our ,lender, to
dis)ute the debt I have included a sam)le (!/ /is)ute letter on
htt)022wwwconsumerdefense)rogramscom
=owever& this does not mean 'ou waive 'our rights to challenge 'our lender if
'ou are more than 1$ da's )ast default :ou can still do it :ou can write 'ourlender and 'our Trustee in a non-Judicial 3tate8 demanding that the' )roduce
)roof of claim under the F/C6A under "3C Title %? 3ection %@#g8 :our
,lender, is re5uired to res)ond within 1$ da's Failure to do so results in a
violation of the F/C6A& which carries a )enalt' of u) to D%$$$ )er violation 'ou
sim)l' have to sue them to collect8 The F/C6A also has s)ecial damage
)rovisions for class actions %? "3C E%@#k Recover' of statutor' damages
for the class is limited to % of the debt collector>s net worth or D?$$&$$$&
whichever is less
:ou will know when the debt collector doesn>t have the note when a res)onse is
sent back giving the Borrower either a ,7e don>t recognize 'our re5uesf or
stating the information is ,6ro)rietar', /on>t let them get awa' with that The
F/C6A rules are clearG In most cases& the 4enderl3ervicer will send 'ou
an'thing but the items re5uested *ost of the time& debt collectors will send the
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following0
H 3ome )a)ers )rinted from a com)uter& not sure what the' are
H (othing certified notarized8 and es)eciall' not dated recentl'
H (othing showing the name and signature of the original lender or )ast
note holder
H (othing )roving the notification of a transfer
H 3im)le co)ies of some kind of billing statement etc
All of which are unacce)tablel The 4enders& 3ervicers and /ebt Collectors
AB3!4"T;4: know what the legal re5uirements are The' will challenge
an'one who dis)utes a debt to see if 'ou know the law This is wh' it is so
im)ortant for 'ou to know the law as wellG
"nder the "niform Commercial Code 3ection 1-#$& the name and the
signature of both the beneficiar' and the original creditor must be disclosed in the
same document E 1-#$ d8 The signature of the borrower must be included as
well into the assignment or transfer9 unless a clause in the deed of
trust2mortgage waives that most deeds of trust disclose this at clause #$8
title to the debt obligation& whether through a )urchase& assignment& or
other transfer& and who ac5uires more than one mortgage loan in an'
twelve-month )eriod For )ur)oses of this section& a servicer of a
mortgage loan shall not be treated as the owner of the obligation if the
servicer holds title to the loan or it is assigned to the servicer solel' for
the administrative convenience of the servicer in servicing the
obligation:ou will also note that the sco)e does not cover the servicer if the servicer was
assigned the note for administrative convenience in servicing the obligation
This means& the servicer is not treated as and does not have the rights of a
lender or owner of the obligation8
As I discussed eartier& even if the servicer was to bu' the note back after it has
been securitized& reattachment of the loan2note to the /eed of TrustI*ortgage is
im)ossible
:ou Cannot *ake Carrots from Carrot Juice
!nce a loan has been written off& it is discharged !nce a loan has been
securitized& reattachment is im)ossible
Reattachment is im)ossible for the following reasons0
%8 6ermanent conversion
The )romissor' note had been converted into a stock as a )ennanent fiKture
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Its nature is forever changed It is now and forever a stock It is treated as a
stock and governed as a stock under the 3;C
3ince the /eed of Trust secures the )romissor' note& once the )romissor'
note is destro'ed& the /eed of Trust secures nothing Therefore& the Trust is
invalid
#8 Asset has been written off
!nce an asset is written off& the debt is discharged& since the owner of the
asset has received com)ensation for the discharge in the form of taK credits
from the IR3 The debt has been settled
The servicer ads as a debt co"ector of an unsecured note The servicer is
deceiving the court& the count'& and the borrower when it tries to re-attach the
note to the /eed of Trust as if nothing has ha))ened Irs called adhesion
The funn' thing about the law is& it is legal until or unless the other )art'
objects 3ince this scam is so devious& it is be'ond the com)rehension of
most )eo)le including that of law'ers and judges It takes someone who has
studied accounting& securities and law to unravel this dece)tion *ost )eo)le
in the legal )rofession onl' take the arguments on face value
18 Broken chain of assignment
"nder the "niform Commercial Code "CC8& the )romissor' note is a one of
a kind instrument All assignments much like endorsements on the back of a
check8 have to be done as a )ermanent fiKture onto the original )romissor'
note The original )romissor' note has the onl' legall' binding chain of title
7ithout a )ro)er chain of title& the instrument is fault'-
Rarel' can a lender ,)roduce the note&, because b' law& the original note has
to be destro'ed RememberL The note and the stock cannot eKist at the
same time !ftentimes& the lender would come into court with a )hotoco)' of
the original note made 'ears ago
Another )o)ular method of deceit lenders )refer is to use the 3tate Civil Code
in non-judicial states to state that ,there is no law re5uiring a lender to
)roduce the note or an' other )roof of claim, T=;: /!(>T =A
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records
4efs be ver' clear here !nce a loan has been securitized& the note is no
more An'thing the lender brings to court as evidence is )rima facie evidence
of fraud The attorne' for the lender is either an accessor' to fraud through
ignorance or willful intent ;ither wa'& as an informed borrower& it is 'our job
to bring this dece)tion to light so these law'ers can be sanctioned
3o& 'our lender would close 'our loan& sell it to R;*IC and get )aid
!nce 'our loan goes into default& the loan is written off The loan is then bought
b' the same lender in the o)en secondar' market as a dead2unsecured note To
be able to )ull this stunt off& ever' lender involved in this scheme is re5uired to
act in collusion
!nce the servicer bu's the dead note& the' then claim to be the true holder in
due course of a written off asset The' then )resent to the world that the' are
who the' claim The' rel' on the homeownerlborrower to be ignorant of this
dece)tion and clean u)& allowing them to take )ossession of a house for )ennies
on the dollar
This is the eKtent of the fraud done to the American )ublic ever' 3ingle da'
As a homeowner defending 'our rights& it is im)erative 'ou understand the
nature of this fraud so 'ou can use these arguments to defend 'our home
As a legal )rofessional& it is im)erative that 'ou understand these arguments so
'ou can raise the )ro)er objections and interrogatories when re)resenting 'our
clients in a foreclosure defense
6ractical *attersIn this cha)ter& we go through s)ecific )ractical things 'ou can do right awa' to
challenge 'our lender
At its heart& there are four classes of )eo)le that are affected b' foreclosures
% 3omeone who is about to lose his or her home in a (on-Judicial 3tate
California& (evada& Arizona& !regon& 7ashington& etc8
# 3omeone who is about to lose his or her home in a Judicial 3tate (ew
:ork& (ew Jerse'& !hio& Florida& etc8
1 3omeone who has alread' lost his or her home
3omeone who is hanging b' their teeth& who is u)side down or can no
longer )a' their mortgage& tr'ing to get a loan modification& or someone in
good standing
;ach class of )erson has different o)tions and )rocedures available to them
This cha)ter will outline in brief some of these o)tions !f course& this is just a
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book and is no substitute for com)etent legal advice& so )lease consult counsel
before doing an'thing that could affect 'our home
(on-Judicial 3tate =omeowners
*ost 7estern 3tates of the "3 are (on-Judicial 3tates In these states&
forecfosures are governed b' 3tate Civil Code
These homeowners have it the toughest Being in a non-judicial state& 4enders
need not )rove an'thing The' can sim)l' notif' the homeowner of the default&
then after a certain number of da's& as defined under 3tate Civil Code& the
)ro)ert' then )roceeds to a Trustee sale at a )ublic auction
The onl' o)tion available to 'ou if 'ou are a (on-Judicial 3tate resident is for 'ou
to file a civil action against 'our lender to com)el them to )rovide )roof of claim&
and therefore standing
The other o)tion is to declare bankru)tc' also known as BIM8 In bankru)tc'&
generall' s)eaking& 'ou have two o)tions& Cha)ter N no asset BIM8 or a Cha)ter
%1 asset BIM8 7hat some homeowners do is to declare Cha)ter N and list their
)ro)ert' as an unsecured asset and wait for the lender to object This then )uts
the burden of )roof on the lender If 'our loan was dosed with 4ender A and is
being foreclosed on b' 4ender B or C there must be b' law8 a valid chain of
assignment to show that 4ender C is the real and beneficial )art' of interest As
we disaJssed& because of the )roblem of securitization& this is never done This
creates a real )roblem for the 4ender who is frankl' doing this fraudulentl'
an'wa'8
For those with a lot of assets such as e5uit' in their homes8& the' can do aCha)ter %1 "nder a Cha)ter %1 bankru)tc'& 'ou can file an Adversar'
6roceeding where 'ou sue 'our lender to com)el them to )roduce valid )roof of
claim The beaut' with Bankru)tc' Court is that 'ou have the law on 'our side
Rule 1$$% d8 of the Federal Code of Bankru)tc' re5uires that 'our lender )rovide
evidence of ,)erfected title,
If 'ou choose to file a civil action against 'our lender& 'ou better have )roof as
we discussed earlier The best )roof 'ou can bring is a securitization audit to
)rove that 'our loan has been securitized Then& work with 'our law'er to build
an argument around the )oints outlined in this book "nfortunatel'& this will set
'ou back at the minimum D?$$$& and more likel' closer to D%$&$$$ to D#?&$$$
Another o)tion 'ou could do is to do a ,5uick reconve'ance method, as
discussed in Cha)ter This can be ver' effective in sto))ing 'our servicer>s
abilit' to foreclose because it closes out the /eed of Trust2*ortgage This
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method is onl' a))licable when 'ou have clear evidence of movement or
securitization :ou can find out more about this method on our website under the
6roducts tab
Alternativel'& if 'ou cannot afford a law'er& 'ou could tr' to do this 'ourself reat
)laces to start are 4iving4iescom and sto)foreclosurefraudcom These are
blogs with lots of articles& sam)le )leadings and lots of other resources I used
during m' research
Another o)tion is to join our foreclosure defense membershi) )rogram 7e
realized that there are 3! *A(: homeowners needing hel) That is wh' we
develo)ed a coaching membershi) )rogram with s)ecific information and
resources to hel) homeowners with their foreclosure defense !ur membershi)
)rogram has sam)le )leadings& sam)le res)onses& forms and )rocedures others
have used in their foreclosure defense :ou will also be able to network with
other homeowners local to 'ou meet with them to have coffee& and su))ort
each other For more information about this )rogram& come to our website at0
htt)022wwwconsumerdefense)rogramscom
A good )lace to start& if 'ou are in a (on-Judicial 3tate& is to start writing to 'our
lender to demand that the' )roduce valid )roof of claim :ou can find a cou)le of
sam)le letters on our site This will be a good )lace to get started
Judicial 3tate =omeowners
In a Judicial 3tate& 'our lender has to sue 'ou to get a judgment before the' can
foreclose on 'our house As we discussed earlier& the burden of )roof is on the
)laintiff This means that if 'ou are in a Judicial 3tate& 'ou have the advantage ofre5uiring the lender to )roduce )roof of claim
The )roblem in most cases is that homeowners in Judicial 3tates do not know
the nature of foreclosure fraud The' either don>t show u) or if the' show u)&
don>t know how to argue their )oints& and thus end u) losing their homes
an'wa'
The other )roblem in Judicial 3tates is that because there are so man' cases&
judges end u) forgoing their !ath of !ffice to the )eo)le the' serve Instead of
dis)ensing justice fairl' to all& the' rubber-stam) judgments without a second
glance This is not fair to the homeowners& but if homeowners don>t know their
rights& nor know how to argue their )oints& then sadl'& there>s little justice for
them As the' sa'& 'ou have no rights unless 'ou know what those rights are
3o& the best thing to do if 'ou are a resident of a Judicial 3tate then is to arm
'ourself with education 4earn the nature of loan fraud 4earn the )rocedure of
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rules of court and on how to defend 'ourself in answering a summons and
com)laint
:ou should know b' now that 'our best course of action is to )ush the Federal
Rules of Civil 6rocedure %N& ,an action has to be taken in the name of a real
)art' in interesf> in other words& 'ou are to challenge 'our lender>s 3tanding
and their right to foreclose If the' are not a real and beneficial )art' in interest&
then the' do not have the right to foreclose Allowing them to )roceed with their
foreclosure without 3tanding amounts to nothing more than theft and eKtortion&
both of which are illegal
!ther homeowners in Judicial 3tates choose to take a more )roactive a))roach
Instead of waiting to be sued b' their lender& the' do a forensic audit& gather
evidence of loan securitization and then sue their lender to get a +uiet Title
Action to remove the *ortgage from their )ro)ert'& since no one can come forth
to )roduce valid )roof of claim
For members of our foreclosure defense membershi) )rogram& we have sam)le
tem)lates that homeowners can use to take matters into their own hands
=omeowners 7ho =ave 4ost Their =omes
For those homeowners who have alread' lost their homes& there are two
situations There are those who have lost their homes due to a sale& but are still
sta'ing in their homes and there are those who have been forced to move out
*an' law'ers and )eo)le in the media are advising homeowners who have lost
their homes but are still living in them to sta' in their homes It could take
months sometimes for the lender to come around to actuall' force thehomeowner out
T')icall'& in order for a lender to force a homeowner to move out& the' 7Ill need
to file for an ,unlawful detainer> This takes a while to be granted and this gives
the homeowner additional time 3ta'ing another month or three at home means
another few more months the' do not have to )a' rent elsewhere
Another techni5ue homeowners do is to challenge the lenders standing to
foreclose& even after the fact& to fight the unlawful detainer This is something 'ou
will likel' need to consult with an attorne' about for more information
The 7rongful Foreclosure Action
=omeowners who have alread' lost their homes but believe their loans have
been securitized might want to see if the' can do a 7rongful Foreclosure civil
action against their ,)retender lenders,
=ere are some hints that 'our loans have been securitized0
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- There is a com)an' called *;R3 *ortgage ;lectronic Registration 3'stems8
involved in the (otice of 3ubstitution of Trustee& or on the original /eed of
Trus"*ortgage this is usuall' on the first # )ages of 'our documents8
- :our loan is with one of the following institutions0 *AC& Countr'wide =ome
4oans& Bank of America& 7ells Fargo& or Chase
- :ou closed with a small no name bank& and 'ou are now being serviced b' a
more well-known institution like the ones named above
If 'ou can gather sufficient evidence that 'our loan has been securitized& then
'ou might be able to build a case using the arguments )resented in this book to
bring a civil action against 'our lender for a wrongful foreclosure and2or fraud
;ssentiall'& 'ou are accusing 'our lender of committing fraud in that the' did not
have 3tanding to foreclose on 'our )ro)ert'
In a civil action in which 'ou have suffered damages as a result of something the
other )art' has done against 'ou& t')icall' 'ou are entitled to three times the
damages three times the value of 'our loan8 This is t')icall' called ,)unitive
damages, It means there are damages other than documented realO
K+ccordingly, hen this court issues an intervening decision that constitutes a
change in controlling la, courts may de#art from the decided la of the case and
a##ly the ne rule of la.L 'su v. County of ClarG. See, e.g., 'o#Gins v. %yer, 1>7
&hio St.9d 7?1, N.$.:d 9:6, 999 B:>>7E Bholding that an intervening o#inion
issued by the &hio Su#reme Court constituted a change in controlling la
necessitating de#arture from the la of the case doctrineEM %edge v. State, -foot height variance for
construction of a billboard on their #ro#erty does not constitute Ksubstantial ne
evidenceL that !ustifies de#arture from the la of the case doctrine. R &ur
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determination in 'su I that the landoners had not demonstrated the futility of
e@hausting their administrative remedies rested on several #ieces of evidence besides
the erroneous Kbillboard variance,L indicating that this Kne evidenceL ould have
little bearing on our #revious decision. R See Suel v. Secretary of 'ealth and 'uman
Services, 16: ).9d 6
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or otherise vacated, or it is no longer e5uitable that an in!unction should have
#ros#ective a##lication. The motion shall be made ithin a reasonable time, and for
reasons B1E, B:E, and B9E not more than ? months after the #roceeding as taGen or the
date that ritten notice of entry of the !udgment or order as served. In some
instances KtollingL may be a##licable to the ? month limitations #eriod.
The Nevada Su#reme Court recently addressed a critical issue involving the
)oreclosure (ediation *ules in the case of "eyva v. National %efault Servicing
Cor#., +##. No. ==:1?, +##eal from the ClarG Co. %istrict Court, +-1>-?>>-?=1,
1:8Nev. , .9d B+dv. . No. 7>, July 8, :>11E. The issue relates to the
obligation of the lender to bring documents to the mediation that reveal ho is the
oner of the deed of trust and mortgage note. The Courts ruling in this case ill
immediately arm homeoners ith a serious ea#on against the big banGs and their
servicers. Used in the correct ay, many foreclosures may be sto##ed because of this
recent o#inion.
The State of Nevada )oreclosure (ediation rogram as created in :>>6. )acing
foreclosure, the homeoner may re5uest mediation through hich a modification to
home loan may be achieved. &nce the homeoner re5uests mediation, no further
action may be taGen to e@ercise the #oer of sale until the com#letion of the
mediation. The Nevada Su#reme Court created the )oreclosure (ediation *ules
BK)(*LE to govern those mediations.
The "eyva case #resented the Nevada Su#reme Court ith an o##ortunity to
inter#ret a critical #ortion of the mediation #rogram re5uirements. N*S 1>8.>
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attend the mediation, fails to #artici#ate in the mediation in good faith or does not
bring to the mediation each document re5uired by section 7 or does not have
authority or access to #erson ith authority re5uired by section 7, the mediator shall
#re#are and submit to the (ediation +dministrator a #etition and recommendation
concerning im#osition of sanctions against the beneficiary of the deed of trust or the
re#resentative, as the court deems a##ro#riate, including, ithout limitation,
re5uiring a loan modification in the manner determined #ro#er by the court.L
The Nevada Su#reme Court faced the issue of hether the lenders failure to
bring the re5uired assignments and other documents as re5uired by N*S 1>8.>
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constitutes a valid assignment of deeds of trust and mortgage notes. 0y reaching this
issue, the Su#reme Court set the obligations for each lender ith regards to their
obligation to #roduce documents at mediation.
The Su#reme Court then discussed the la regarding the assignment of a deed of
trust. Since an assignment of an interest in land must be in riting, the Su#reme
Court concluded that Kto #rove that (ortgageIt #ro#erly assigned its interest in land
via the deed of trust to Wells )argo, Wells )argo needed to #rovide a signed riting
from (ortageIt demonstrating that transfer of interest.L
The Su#reme Court then analyed the method by hich the interest in a mortgage
note may be transferred and looGed to Nevadas Uniform Commercial Code X
Negotiable Instruments. The Su#reme Court rote Kthe obligor on the note has theright to Gno the identity of the entity that is Kentitled to enforceL the mortgage note
under +rticle 9, see N*S 1>7.99>1, Kotherise, the homeoner may #ay funds to
a stranger in the case.L BCitation omitted.E
The Su#reme Court re!ected the arguments of Wells )argo that mere #ossession
of the mortgage note as sufficient. KWe conclude that +rticle 9 clearly re5uires
Wells )argo to demonstrate more than mere #ossession of the original note to be able
to enforce a negotiable instrument under the facts of this case.L To meet its
obligation under the Uniform Commercial Code, Wells )argo had to sho both
endorsement of the mortgage note to it by the original lender and #ossession of the
note.
+lternatively, Wells )argo could have also demonstrated a transfer of the note to
it. To demonstrate a transfer, Wells )argo as obligated to #rove that it as given
the mortgage note for the #ur#ose of enforcing it.
The Su#reme Court then concluded that since Wells )argo had failed to #roduced
documents to demonstrate either a valid endorsement or transfer, Wells )argo had
neither demonstrated that it as entitled to foreclose on the #ro#erty nor that it had
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authority to mediate ith regards to the note. The Su#reme Court, relying on its other
o#inion issued the same day, asillas v. 'S0C 0anG, 1:8Nev. , .9d , +dv.
. 96, July 8, :>11E, ruled that the failure of Wells )argo to bring the re5uired
documents Kis a sanctionable offense under N*S 1>8.>
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from alloing the foreclosure #rocess to #roceedL. Wells )argo as also the cul#rit
in this case.
Significantly, in discussing the transfer of the Note, the Su#reme Court of
Nevada cited to the recent In *e /eal decision from the 6th Circuit 0anGru#tcy
+##eals anel Bhich as #reviously discussed on this ebsiteE, holding that the
borroer Khas the right to Gno the identity of the entity that is entitled to enforce
the mortgage note under +rticle 9 Bof the Uniform Commercial CodeE.L The Court
concluded that +rticle 9 Kclearly re5uires Wells )argo to demonstrate more than mere
#ossession of the original note to be able to enforce a negotiable instrumentL. The
court found that there as no endorsement and no assignment, and reversed the
%istrict Court.
The o#inion in "eyva cited to the Courts o#inion in asillas v. 'S0C 0anG as
Trustee, No. =?969, 1:8 Nev. +dvance inion 96 Balso decided July 8, :>11E,
hich also reversed the %istrict Court and also cited to /eal , setting forth the
re5uirements for #roduction of evidence of chain of title to the note and %eed of
Trust in a foreclosure.
The multi#le citations to /eal, hich is a )ederal 0anGru#tcy a##ellate court
o#inion, by the state Su#reme Court of Nevada, is more than im#ortant. It
demonstrates that sim#ly because a foreclosure issue is decided by a 0anGru#tcy
court does not mean that it is not a##licable to a non-0anGru#tcy Bor non-)ederalE
foreclosure case. Time and again, hen e argue that an issue in a state foreclosure
case has already been decided by a 0anGru#tcy court in the foreclosure conte@t,
attorneys re#resenting foreclosing KlendersL and servicers argue KWell, Judge, that
as a 0anGru#tcy case, and e are not in 0anGru#tcy CourtL. "eyva and asillas
have no #ut that argument to bed. If a )ederal 0anGru#tcy decision is good enough
for the Su#reme Court of Nevada in to se#arate o#inions, it should be good enough
for any state court.
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+ttorney (isconduct (ay Su##ort Setting +side the &rder, )or a ood )aith
0asis for Changing the "a (ay +uger Toard 'olding #osing CounselHs )ailur
to Withdra the (otion for Summary Judgment or &therise +lert the Court as to
the "iGely $ffect of /ery ro@imate Time *elease of to (andatory and Controlling
Nevada Su#reme Court %ecisions Issued &ne WeeG 0efore This CourtHs &rder (ay
*ise to ositive (isconduct iven the rimacy of the Sub!ect (atter of This
"itigation to these, +t That Time, ro Se "itigants.
In Staschel v. Weaver 0rothers, "td., 6< Nev. ==6, ?== .:d =1< B16
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Cal.+##.:d at 961, 9< Cal. *#tr. at 8>>. 'oever, the court ent on to alter this
harsh rule, holding that Othere are e@ce#tional cases in hich the client, relativel free
from #ersonal neglect, ill be relieved of a default or dismissal attributable to the
inaction or #rocrastination of his counsel. O Id. The court found that the %efendantHs
attorneyHs neglect as ine@cusable and e@treme, amounting to #ositive misconduct.
The attorneyHs consistent and long continued inaction as so visibly and inevitably
disastrous, that his client as effectually and unGnoingly de#rived of
re#resentation. 0y his refusal to get on ith the lasuit or get out of it, the
%efendantHs attorney inflicted severe damage on his clientHs case. She had legal
re#resentation only in a nominal and technical sense.
Under these unusual circumstances, here the client as unGnoingly
de#rived of effective re#resentation, she ill not be charged ith res#onsibility for
the misconduct of her nominal counsel of record. ::8 Cal.+##.:d at 961-6:, 9>. The court then stated the rule - Gnon as the O#ositive misconductO
rule - that here an attorneyHs inaction rises to a level of active, #ositive misconduct,
the OattorneyHs authority to bind his client does not #ermit him to im#air or destroy
the clientHs cause of action.O ::8 Cal.+##.:d at 961, 9< Cal. *#tr. at 8>>. The
reasoning for such a rule is obvious3 Clients should not be forced to act as haG liGe
in5uisitors of their counsel, sus#icious of every ste# and 5uicG to sitch layers.
The #rofession Gnos no orse headache than the client ho mistrusts their
attorney. The lay litigant enters a tem#le of mysteries hose ceremonies darG,
com#le@ and unfathomable. retrial #rocedures are cabalistic rituals of the layers
and !udges ho serve as #riests and high #riests. Gnos nothing of their tactical
significance.
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'e Gnos only that his case remains in limbo hile the #riests and high
#riests chant their lengthy an arcane #retrial rites. 'e does Gno this much3 that
several years fre5uently ela#se beteen the commencement and trial of lasuits.
Since the la im#ose this state of #uled #atience on the litigant, it should #ermit
him to si bacG in #eace and confidence ithout sus#icious in5uiries and incessant
checGing on counsel. ::8 Cal.+##.:d at 961-6:, 9< Cal.*#tr. at 8>>-8>1. The
California Su#reme Court ado#ted the #ositive misconduct rule stated in %aYey in
CarroYY v. +bbott "aboratories, Inc., ?=7 .:d 88= B16
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Hine@cusable neglectH ould be charitable but hardly candid. 'is dereliction of the
#rofessional obligations oed a##ellant constituted actual misconduct.OE. See
generally, S. 0ernstein, +nnotation, +ttorneyHs Inaction as $@cuse for )ailure to
Timely rosecute +ction, 1= +.".*.9d ?87 B16?8 U.S. 93 119 S.Ct. 17:M ?1 U.S.".W. 7:?9M := )ed *.Serv. 9d
BCallaghanE 7>1M 0anGr. ". *e#. BCC'E 8=, 1=8+M :< Collier 0anGr.Cas. :d B(0E
:?8M:7 0anGr Ct %ec.?9M 69 Cal %aily Service :>6?M 69 %+* 98>=M 8 )"+ ".
WeeGly )ed. S 1>1.
The #articular facts and circumstances of the Car#entierHs case deserve closer
consternation, #articularly in light of the fact that "eyva and asilla actually ere
issued #rior to this CourtHs July 1=, :>11 &rder granting Summary Judgment, the
manifest in!ustice that results from leaving the &rder as it is and alloing the
TrusteeHs Sale to go forard. )urther, ursuant to N*S 1>8.>, the re5uisite
statutory :> days notice is, on its face, not #resent in the notice to the Car#entiers.
)urther, the assignments have arguably not been #roduced or attested to in the
manner re5uired by la, and the bald face arrogance of the lenderHs and trusteeHs
street level em#loyees in telling the Car#entierHs that, basically, they are in a fight
ith a big ugly bully and its Kour ord against yoursL one little #uny #athetic so to be
no longer homeoners.
C+*$NTI$* received a Notice of Sale indicating that their lender
ould sel1 their home at auction on &ctober :1, :>11, folloing their default in their
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mortgage #ayments. The home remains occu#ied by the title oner. The Notice of
Sale did not give Joni or James Car#entier the re5uisite notice of the date of the
foreclosure sale. ursuant to N*S 1>8.>, the foreclosure trustee must record a
Notice of Sale and give notice of the time and #lace of the sale by B1E #ersonally
serving or mailing the notice by registered or certified mail to homeoner and others
Oentitled to noticeOM B:E #osting the notice in a #ublic #lace here the #ro#erty is
located for :> successive daysM B9E #ublishing a co#y of the notice 9 times Bonce a
eeG for three eeGsEM +N% B7E #osting the notice on the #ro#erty 1= days before the
sale date. The Notice of Sale as recorded on &ctober 9 ith a sale date of &ctober
:1. This is only an 1< day notice #eriod. This fails to com#ly ith at least section B:E
above, and #erha#s section B7E should they fail to #ost the notice on the #ro#erty on
or before &ctober ?, de#ending u#on hether section B7E re5uires that action to occur
ithin 6> days or to occur only after the #assing of 6> days.
The substitution of uality "oan Servicing as the foreclosure trustee as
not recorded. Under the %eed of Trust *ecorded on +#ril 1>=, Windsor
(anagement Co. as named as the Trustee. No document could be found ith the
*ecorderHs &ffice indicating any entity substituted uality "oan Servicing as the
foreclosure trustee under the %eed of Trust.
%efendantHs have substantially de#arted from the notice, manner of service, and
#rocess re5uirements of various la, including, but not limited to N*S 1>8.>.
When in5uiry as made ith %efendantHs as to the basis, reasoning, and !ustifications
for the de#artures, laintiffHs ere told that Kits your ord against oursL and
otherise res#onded to in a hostile, aggressive, and dece#tive manner. (ore
discovery is in order in this regard. This #leading is further filed ith an eye toards
asserting a N*C =6 basis for challenging the July 1=, :>11 order Bsomeho a
tolling argument ill need to be made to overcome the 1> day re5uirement for such a
motion, and the same could be said for maGing a (otion for *econsideration here
more than :> days have #ast since.
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 7>
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Co&1%0s"o&
W'$*$)&*$, laintiffs res#ectfully re5uest this Court order as follos3
1. )or damages in e@cess of 21>,>>>M
:. )or treble damagesM and any sanctions a##ro#riate under any a##licable la,
including the to recent Nevada Su#reme Court decisions of July 8, :>11, assila and
"eyva.
9. )or tem#orary restraining order, #reliminary in!unction and #ermanent in!unction
barring foreclosure of the %eed of Trust recorded in favor of %efendant ++($S and any
successor in interest.
7. )or tem#orary restraining order, #reliminary in!unction and #ermanent in!unction
barring the contem#lated and scheduled TrusteeHs Sale set for &ctober :1, :>11.
=. )or costs of suit herein incurredM and for attorneys feeM
?. )or such other and further relief as this court may deem #ro#er, including attorneyHs
fees involved in #re#aring this filing.
AFFIRMATION P0rs0a&) )o NRS +-.
%+T$% this 91thday of %ecember, :>113
FsF 4ach Coughlin
4ach Coughlin, $s5.
+ttorney for laintiffs Joni and James Car#entier
EMERGENCY MOTION FOR TRO/INJUNCTION; or PLED IN THE ALTERNATIVE; MOTION TO SET ASIDE ORDER GRANTING SUMMARY
JUDGMENT 71
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PROOF OF SERVICE
I, 4ach Coughlin, declare, that on %ecember 91st, :>11, I caused the forgoing
to be deliver to all named %efendantHs in this action, by electronic filing to3
ristin +. Schuler-'int, $s5.Christo#er 'unter, $s5.(cCarthy Z 'olthus, ""6=1> W. Sahara +ve., Suite 11>"as /egas , N/ :-?9:6)a@3
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INDE TO EHI.ITS
1. $D'I0IT 13 )&*$C"&SU*$ %$)$NS$ '+N%0&&. &ne hundred and
fifteen #ages B11= +$SE.
:. $D'I0IT :3 C&""$CTI&N &) (+T$*I+"S )*&( W+S'&$ C&UNT
+CC$SS&*SF*$C&*%$*S &N"IN$ %&CU($NT +CC$SS W$0SIT$
*$"+T$% T& T'$ *&$*T +T ISSU$ IN T'IS C+S$. Tenty eight
#ages B:< +$SE.
9. $@hibit 93 s#eaGs to some of the enormous obstacles the undersigned has faced
in litigating this matter, including the e@tremely bad faith conduct of the
o##osing attorneyHs and landlord in the Summary $viction from the
undersignedHs commercial tenancy, his home la office in *JC *ev:>11-
>>18>
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EXHIBIT 1
F I L E DElectronically
12-31-2011:04:45:40 PMCraig Franden
Clerk of the Court
Transaction # 2676622
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What Oters Have Said About Ts Book
In my opinion the forelou defene guidebook by Vine Kahn i a monumentaldiretive for removing and motheng the lending inttuton and Wal treet evdoer who have taken advantage of the Amean homeowner
C Ray, Jute ret upeme Cou of Tea
Before you feel or for yourel for one mo moment before you rationalizehow it your fault and al of that - you need to know you were maniplated - alofAmena wa manipulaed - you we taken advantage of and you didnt evenundetand how or why. t tme to end that ignorane in your lfe.
David Nelon
Thi book i a MUT HA VE for anyone who puhaed or reed their home ine999 and are uent on heir payment, thoe who are invetng in foreloed ppeiethoe who a attempting a oan modiation, thoe who a faing foreloure andthoe whove already had their home foreloed upon The tool you' lea have beenand are being ued uefuly You only have power againt uh large Bankterwhen you know your ght and know how to enfoe them
y be a Bankter vitim when you an be a Bankter tor with Vine Khan bookand reoure?
Be
We might be avid and the bank might be GOliath, but Kahn ha given u omeve big k
Denni
We are ve happy to have a guide book to have a a efene to thi ubet tI have purhaed other book on orelou a more epenive but none havebeen a good a "orelou Defene Guidebook We reearhed we wttenand atuay ueful would ay thi i the bet book of it kind Eaily undetoodit let you know what the bank are doing and how you an ght bak you areearhing for a book on forelou thi i the book to buy
udy
www d prg 2
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Vies bk haged my fe!!Mike Wate
Get the bk RE IT Read GIN The piees wi me tgether ad
make sese
Rady dsham
I udt stp readig What a wdeu resue that is a easy ad easyI at remmed this bk eugh I hae bee studyig this subjet fr twyea w ad hae fud that Vie Khas bk is a gdsed Udetadigthe truth behd the fsure mess ad seuiati is etremey mpiatedad t fr the fait f hea wee this bk was the frst ad y, e that
put it a it perspetie fr me ad epaied thigs fky i simpe tes yu are battig t sae yur hme fm fresure this bk is a 'must ad ' yu simpy beee that aye wh is i fresure is a 'deadbeat wh deseest se their hme, I as imp yu t ad this bk ur eyes wi be peedas yu wi me t udetad that it is the 'ede' r reteder eders as theyae auratey refeed t wh are egay seizig these huses fm the hmewe
Mejiar
www n d f pgr 3
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Read Me First
Th ebk a unatn huan u f reear by ur teaWeve ea ne ae an nevewe nte ee an nutyexe le h b a vey lae web eet ta hebankng nty w ather nt ave y nw abubeaue yu y be a a el.
Y have e ght t be a You've een conned his s one o he lagestfrauds perpetrated in the hstory of ad
Th why we ee t wrte h bk an hae r vey wt y y an netan what gng n Inan wer We wan y t be
nfre
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e Aean pp ave e gh nw a ave ben e why we ae ang t eb avalable fee arge weve weave a ntn
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If yu fn tat the nratn nane n h b wt hang yu aehnr bun t sare this ook with a leas 3 oherp opl the t an
DO O OCEED W S OOK ODO O AGEE O ESE ERMS
S tp n f ar r wr yur bn Lve n nr
By e way y an also y ts ook n paperack on azoco. Lkfr reue Deene eb ISBN 9784640067 It gt be ae
wwwn n pga 4
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o read than o cay aoud tha 100+ loos pages. I is aso avaable on theKindle.
wl.consum rd f ns proqramscom 5lNW consumerdefenseprogramscom
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Waing: Ts Book is Ou of Date
Th w cntny chnging nftin fui W cntny tingthi bk nw c nw lw n nw ch cv
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Dscame
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elp, I am Facg Foecosure.
kk e he nise r he frn I gngery ee he fn y s hnng e n evee eug y sge I ws
ee l
I ws Ne f efu f y seier. I e s f see h hysllyhe e in he g n I fe le vig Ineley I ew hs enwu ive bu ye I n hel he wy I ee.
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y ne s Ve h hs is y s
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e ese
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su ns pgrs. 7
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