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[Plaintiff] [Property Address] [Property, City, State, Zip] [Phone] Plaintiff, Pro Per

11IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR [PROPERTY COUNTY] COUNTY

[PLAINTIFF] Plaintiff, v. [LENDER ON TRUST DEED]; [SERVICER/PURPORTED CREDITOR]; [ORIGINAL TRUSTEE]; [CURRENT TRUSTEE]; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; and all persons known and unknown claiming any legal or equitable right, title, estate, lien, or interest in Property adverse to Plaintiffs title to the Property Does 1 through 50 inclusive. Defendants.

CASE NO.:

ACTION TO QUIET TITLE, Code Civ. Proc. 760.010-765.060,

ACTION TO QUIET TITLE Plaintiff [Plaintiff], against Defendants, alleges as follows:

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THE PARTIES 1. Plaintiff [Plaintiff] is an individual, hereinafter also referred to as Plaintiff, living in the State of California at all times relevant to the Complaint and property located at [Property Address], [Property, City, State, Zip] identified by Parcel Number [Parcel #, Tax ID or APN] (Property). 2. The legal description of the Property is: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF [PROPERTY COUNTY], STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: [Legal Description] 3. Defendant, [LENDER ON TRUST DEED]. purported lender as indicated on page one of a Deed of Trust recorded against the property in [Property County] County, California, Instrument # [DOT Doc #]. 4. Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) is the nominee as indicated on page one of a Deed of Trust recorded against the property in [Property County] County, California, Instrument # [DOT Doc #]. 5. Defendant, unsecured purported creditor, [SERVICER/PURPORTED CREDITOR], Defendant set forth above is also hereinafter collectively referred to as Defendant, is purported to be the beneficiary of a Trustees Deed Upon Sale, Recorded Instrument # [TSDUP Doc #] and a Corporation Assignment of Deed of Trust Recorded Instrument # [DOT Doc #]. 6. Defendant, [CURRENT TRUSTEE] Defendant set forth above is also hereinafter collectively referred to as Defendant, is purported to be the trustee and signor of the Trustees Deed Upon Sale. 7. Defendant, and all persons known and unknown claiming any legal or equitable right, title, estate, lien, or interest in Property adverse to Plaintiffs title to the Property, Does 1 through 50 inclusive.

JURISDICTION AND VENUE 8. This Court has jurisdiction over the matters related to the emergency, injunctive, provisional, and equitable relief sought herein, pursuant to the agreements of the parties referenced below. 9. The property is within [Property County] County, California
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10.

The transaction was originated within [Property County] County, California.

11. The parties herein are subject to certain contractual obligations that are the subject of this litigation. 12. This action is brought, for among other purposes, to restrain and enjoin the Defendants, their agents, employees, representatives, lawyers, directors and officers, from taking any action to improperly transfer, dispose of, or use the property of Plaintiff from the foreclosure action and gain possession of Plaintiffs Property. FACTS 13. On information and belief, neither MERS nor Defendant had any interest in the foregoing notes,

Deed of Trust, or Property. 14. Under California law, to perfect the transfer of mortgage paper as collateral the owner must

physically deliver the note to the transferee, see Cal. Com. Code 32011 15. Without physical transfer, the sale of the note could be invalid as a fraudulent conveyance, see

Cal. Civ. Code 3440, or as unperfected, see Cal. Com. Code 9313-9314.2 16. The note here specifically identified the party to whom it was payable, [LENDER ON TRUST

DEED]., and the note therefore cannot be transferred unless the note is endorsed. See Cal. Com. Code 3109, 3201-3204. 17. There is no evidence of endorsement of the Promissory Note from the Lender to the Defendant,

[SERVICER/PURPORTED CREDITOR] 18. MERS as nominee, as indicated on page one of a Deed of Trust the Deed of Trust held it separate

from the Promissory Note. 19. 20. MERS held absolutely no interest in the Promissory Note. See Cal. Com. Code 3301(a). MERS which has deprived local governments of essential funds by collecting fees otherwise

necessary to properly record trust deeds and assignments of the same, can not prove that they in fact had standing to assign or negotiate the Promissory Note, see Cal. Com. Code 3201 .3

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2

Bear v. Golden Plan of California, Inc., 829 F.2d 705, 709 (9th Cir. 1986). See ROGER BERNHARDT, CALIFORNIA MORTGAGES AND DEEDS OF TRUSTS, AND FORECLOSURE

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LITIGATION 1.26 (4th ed. 2009). 3 ADVERSARIAL PLEADING FOR ACTION TO QUIET TITLE

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21.

Essentially, because the relevant Promissory Note was purchased a different party, ([SEC Trust]),

through a securitization process, and while the relevant Trust Deed was assigned to MERS as nominee, a split of the note and trust deed has occurred and therefore the latter is a nullity. 22. Plaintiff believes that the Doctrine of Legal Acumen applies in this matter: The doctrine of legal

acumen is that if a defect in, or invalidity of, a claim to land is such as to require legal acumen to discover it, whether it appears upon the face of the record or proceedings, or is to be proved aliunde, then the powers or jurisdiction of a court of equity may be invoked to remove the cloud created by such defect or invalidity.4 CAUSE OF ACTION QUIET TITLE 23. The foregoing paragraphs are incorporated into this quiet title cause of action. 24. Pursuant to Code Civ. Proc. 761.010, Plaintiff recorded a Notice of Pendency of Action, (Lis

Pendens) shortly after obtaining a case number from the court clerk. 25. Because the MERS trust deed has been split from the note, the former is a nullity and should be stricken from the chain of title. 26. Because the Defendant trust deed has been split from the note, the former is a nullity and should be stricken from the chain of title. 27. ELEMENTS OF THE ACTION TO QUIET TITLE, Code Civ. Proc. 761.020 A. A description of the property as evidenced in 1-2.

The payee of an instrument may negotiate it by indorsing it and delivering it to

21 another person, who then becomes its holder (and entitled to enforce it). Cal. Com. 22 Code 3201 defines "negotiation" as follows: (a) "Negotiation" means a transfer of 23 possession of an instrument by a person other than the issuer to a person who thereby 24 becomes its holder; (b) If an instrument is payable to an identified person, negotiation 25 requires transfer of possession of the instrument and its endorsement by the holder. If 26 an instrument is payable to bearer, it may be negotiated by transfer of possession 27 alone. 28
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Blacks Law Dictionary Sixth Edition. 4 ADVERSARIAL PLEADING FOR ACTION TO QUIET TITLE

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B. C.

Plaintiff is seeking a determination of Quiet Title due to adverse claims made by defendants. Defendants claim ownership interest of property due to a Notice of Trustees Sale, Recorded Instrument # [NOTS Doc #] , Trustees Deed Upon Sale, Recorded Instrument # [TSDUP Doc #] and a Corporation Assignment of Deed of Trust Recorded Instrument # [DOT Doc #].

D.

The date as of which the determination is sought is [Recording date of assignment of deed], the recording date of the assignment of deed, Grantors being [LENDER ON TRUST DEED] and MERS to purported Grantee, [SERVICER/PURPORTED CREDITOR] This date reflects when the purported beneficiary [SERVICER/PURPORTED CREDITOR] first initiated any claim to the property referenced above.

E.

Prayer, for the determination of the title of the plaintiff, against the adverse claims.

WHEREFORE, Plaintiff prays for the determination of title as follows:

1)

Plaintiff prays that the MERS Deed of Trust and Defendant Trustees Deed Upon Sale be declared nullities by this Court and in order noting the same recorded with the [Property County] County Recorders Office.

2)

That the defendant be required to set forth the nature of any claims to the land or premises, so that all adverse claims of the Defendant may be determined by the judgment of this Court.

3) That it be declared and adjudged that the Defendant has no estate or interest whatever in or to said land or premises, or in or to any part thereof, and that the title of the Plaintiff is good and valid; whereby this court granting Quiet Title of the subject property to Plaintiff. 4) That the Defendant be forever enjoined and barred from asserting any claim whatever in or to the land or premises, or to any part thereof, adverse to Plaintiff. 5) That Plaintiff recovers its costs and attorneys fees incurred herein. 6) For such other relief as the Court deems appropriate.

RESPECTFULLY SUBMITTED on this ________ Day of, _________________________, 2012.

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______________________________________ [Plaintiff], Pro se

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