Consumer complaint received 2017-06-18
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: NATIONSTAR MORTGAGE LLC (CA)

THE XXXX XXXX COUNTY COURT IS A CORPORATION. JUDGE XXXX XXXX XXXX WAS ACTING AS AN ADMINISTRATOR AND NOT LISTENING OR PROPERLY REVIEWING THE COURT RECORD. XXXX OBJECTED MULTIPLE TIMES THAT LAWYER XXXX XXXX XXXX WAS ABUSING THE LEGAL PROCESS, SINCE XXXX ALREADY MET THE BURDEN OF PROOF WITH SEVERAL CERTIFIED LETTERS SENT OUT WITHING 5 DAYS OF RECIEVING NOTICE FROM THE PARTIES WORKING WITH THE JUDGE COMMITTING FRAUD ; XXXX XXXX and XXXX XXXX XXXX, then XXXX XXXX, XXXX. JUDGE XXXX XXXX XXXX DID NOT HAVE XXXX CONSENT SHOWING UP IN COURT THE DAY XX/XX/XXXX, IN SPECIAL APPEARANCE AS A LIVE MAN. XXXX RESERVED THEIR RIGHTS '' WITHOUT PREJUDICE '' UCC 1-308. XXXX ALSO RESERVED THEIR XXXX GIVEN RIGHTS, COMMON LAW RIGHTS, CIVIL RIGHTS AND CONSTITUTIONAL PROTECTIONS. THEY ALSO INVOKED COMMON LAW AND DESCRIBED WITH LEGAL CITATIONS THAT THAT MATTER WAS BLENDED WITH LAW AND COMMON LAW EQUITY, AND CITED UCC 103.6. The judge was unfamiliar with blended law and the citations of XXXX XXXX v. XXXX ( XX/XX/XXXX), and XXXX v. XXXX, he did not know about any more recent cases that the case was based on being retired since XXXX. XXXX explained about XXXX v. XXXX XXXX XXXX since there were fraudulent assignments out of a IRS static trust, ie tax evasion. The trust was set up conforming to IRS IRC XXXX then was fraudulently canceled. Upon asking Judge XXXX about IRC XXXX he had no idea about it proving lack of jurisdiction. XXXX also asked about laws of Rescission citing XXXX v. XXXX, Judge XXXX also had no knowledge about this, and this was what the case was based on, that and other bankruptcy law that he also appeared to have not knowlege of. XXXX remarked that the court lacked jurisdiction and they did not have XXXX consent to move forward. XXXX  have had issues with a Judge XXXX within this same court, whom after 7 years of litigation determined that Judge XXXX had no oath of office. Which means he had no ability to contract with anyone during the time XXXX spent in his court so all judgments put out by him are now deemed null and void. I guess it is important to check with the secretary of state on this, if an judge does not have a oath on file with the notary division of the secretary of state, he or she has no ability to form contract. We feel that this judge was acting non-impartially, and unethically. Our presumption is this judge XXXX talks regularly with Judge XXXX and there is a relationship there, that provides a conflict of interest. This matter also involves other parties at this time in which XXXX have filed additional complaints. The latest court record is attached. Bottom line XXXX own the NOTE and they company is trying to foreclose on a DEED OF TRUST that is null and void, XXXX provided several pieces of evidence invalidating the deed of trust and summary judgment for unlawyful detainer. XXXX also provided certified letters in which each party trying to pursue a collection action has a duty to respond to. Also thirdly, XXXX received no loan counseling, and the parties acting together created fraudulent documents saying that the XXXX did so the process could move forward. The Judge XXXX XXXX XXXX, had all of the items brought to his attention, and looked a blind eye at the prima fascia evidence as if it did not exist. We presume he is somehow financially involved in this, either through a direct pay off or bribe. XXXX still do not consent to jurisdiction. The latest court record by XXXX is below. XXXX XXXX, XXXX Plaintiff ( s ), vs. <P/>XXXX XXXX & XXXX XXXX AND DOES 1 THROUGH 10, INCLUSIVE Defendant ( s ). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No : : XXXX COURT RECORD FROM XXXX XXXX XXXX IN AN AFFIDAVIT OF TRUTH FROM PROCEEDING ON XX/XX/XXXX. XXXX XXXX, XXXX MOTION FOR SUMMARY JUDGMENT FOLLOWING ILLEGAL FORECLOSURE SALE VIOLATING 12 USC 3707, SENT CERTIFIED MAIL, ALSO VIOLATIONS OF CALIFORNIA CIVIL CODE SECTION 2923.5/AND 2923.55 ( C ), PLAINTIFFS HAVE NO STANDING SINCE THERE IS NO CONTRACT OR MORTGAGE BETWEEN THEM OR ANY OTHER PARTY REGARDING XXXX PROPERTY, BY JUDGE XXXX XXXX XXXX DATE : XX/XX/XXXX TIME : XXXX DEPT:17 Complaint filed XX/XX/XXXX ) AFFIDAVIT OF TRUTH DECLARATION OF XXXX XXXX XXXX I , XXXX XXXX XXXX, declare and affirm and state as follows, I live on XXXX XXXX County, on California XXXX United States of America . XXXX participated in a court on the XXXX of XX/XX/XXXXas a live man special appearance, going into the court XXXX reserved all of their XXXX rights given, civil rights, common law rights, and constitutional protections, without prejudice UCC 1-308.  They also invoked common law jurisdiction, the jurisdiction of the republic and did not give consent to solely be tried under law, but brought in law of equity since it, common law is supposed to have parity along side codes and statutes. Other then showing many corresponding prima fascia evidence proving fraud is taking place in the court, XXXX argument was about without prejudice UCC 1-308, and UCC at 1-103.6, the reservation of rights and the Blending of Law with Equity, since the auction sale on page two of XXXX XXXX XXXX XXXX exhibit 6 NOTICE OF TRUSTEES SALE, paragraph two explains that a lien ( interest ) is being sold and not the subject matter property, since the legal claim and complaint being put forth are that at the foreclosure sale of the house was being purchased which Judge XXXX did not want to get into, which is the center of the matter ; XXXX found this prejudicial to XXXX XXXX, XXXX XXXX Since, the interest of what was sold was not being defined, and XXXX XXXX, XXXX from there fraudulent manufactured were asked to come up with a contract with XXXX, and it could not be produced, or they just ignored XXXX. XXXX had also sent letters back to each party certified when XXXX were given notice ( XXXX EXHIBITS 9 ), since XXXX had not MORTGAGE on their property, each letter as far back when the default was recorded as far back as XX/XX/XXXX, none of the letters requesting validation of the alleged debt, or disputing the debt were ever responded to by any of the parties NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XXXXXX/XX/XXXX, or XXXX XXXX, and there were multiple letters sent to each. This proved that there were multiple violations invalidating the Alleged foreclosure sale and the interest that XXXX XXXX, XXXX is claiming to have purchased by credit bid, which is not lawful money. XXXX again found this prejudicial since they have no contract or agreement with NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XX/XX/XXXX, or XXXX XXXX  XXXX, asked in court if such a contract exists please bring it forth, and no such contract was produced, and they judge just went on ignoring that XXXX asked for the single most important document, that XXXX XXXX XXXX does not have. Then, XXXX, as HOLDER OF THE WET INK NOTE, produced the NOTE ( XXXX EXHIBITS 1 ), and explained the payment mechanism of their home purchase ( XXXX EXHIBIT2 ), that they are in possession of and HOLDERS IN DUE COURSE OF the WET INK NOTE, so the DEED OF TRUST, that was just shown, is null an void and fraud was being put on the face of the court by XXXX XXXX, XXXX and Attorney XXXX XXXX. XXXX then remarked that they are not aware that they have any current debts, XXXX referred Judge XXXX XXXX XXXX to ( XXXX EXHIBITS 10 ) in where it shows that a debt search was performed for XXXX XXXX on the UCC database XX/XX/XXXX at XXXX that pulled data from the UCC database dating back to XX/XX/XXXX that showed no judgments to validate the alleged default, or that would have shown a mortgage for XXXX if one existed. It showed that no mortgage was ever taken out by XXXX, also that no current judgment against XXXX is present from a search of this database going back to before any fraudulent security was signed on XX/XX/XXXX or XX/XX/XXXX. Next, in ( XXXX  EXHIBIT 10 ) a debt search was performed for XXXX XXXX on XX/XX/XXXX at XXXX that showed no judgment to validate the alleged default, and no mortgage showed up for XXXX. It showed that no mortgage was ever taken out and that no current judgment against XXXX are present from a search of this database going back to before any fraudulent security was signed XX/XX/XXXXor XX/XX/XXXX. These UCC searches are accompanied by a certificate of authenticity of XXXX XXXX Secretary of State, signed and sealedXX/XX/XXXX. This was all mentioned to Judge XXXX XXXX XXXX. Judge XXXX XXXX XXXX failed to recognize that at this point, XXXX produced a fatal piece of evidence, invalidating the claim of XXXX XXXX, XXXX since it was apparent at this time they lacked standing and had purchased interest that was undefined, and did not consist of any lien owned at any time by NATIONSTAR MORTGAGE, LLC. And, since XXXX had no debt, the lien purchased could not be theirs, it was fraud. XXXX provided a redacted Birth Certificate proving they are the beneficiaries of this case, and trust.XXXX provided documents showing they are the owners of the names XXXX XXXX XXXX and XXXX XXXX XXXX, and all name derivatives as recorded in ( XXXX EXHIBITS 10 ) XXXX XXXX County Records and the UCC. XXXX mentioned to Judge XXXX XXXX XXXX, that they have common law copyrights on their names as contained in ( XXXX EXHIBITS 12 ), there are two there. XXXX mentioned that XXXX XXXX, XXXX and there principals are Judgment debtors to XXXX and have violated XXXX, COMMON LAW COPYRIGHTS, in an amount of one invoice of {>= $1,000,000} sent to the certified dated XX/XX/XXXX, received XX/XX/XXXX in XXXX at XXXX. The second notice for invoices of {>= $1,000,000} was dated XX/XX/XXXX and was sent certified XX/XX/XXXX, these were in response to their illegal postings and mail fraud committed on XXXX. Letters and Invoices sent to XXXX XXXX, XXXX can be seen as ( XXXX EXHIBITS 3 ). XXXX made the point to XXXX XXXX XXXX XXXX, that XXXX XXXX, XXXX and its principals are judgment debtors to XXXX already with a perfected commercial judgment, and can not get a judgment on XXXX or an enforceable Unlawful Detainer since they XXXX XXXX XXXX are Judgment Debtors to XXXX. XXXX also pointed out to Judge XXXX XXXX XXXX, that they had provided documents of a redacted UCC showing the nature of their interest as the Paramount Interest Holder in THE NOTE, since they are holder in possession of the WET IN NOTE.XXXX further produced documentation of ( XXXX EXHIBITS 10 ), a certified document that shows as listed on the UCC DATABASE, XXXX are the owner of the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. XXXX  also explained to Judge XXXX XXXX XXXX, that a redacted UCC page is located in ( XXXX  EXHIBITS 22 ) illustrating XXXX lien position on the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX, they are the paramount interest holder in the property with beneficial interest, equitable interest and legal interest and underlying interest as the original purchaser, and the house is being held in the XXXX FAMILY TRUST private for XXXX benefit, all recorded on UCC since XX/XX/XXXXwith updates. XXXX even remarked to Judge XXXX XXXX XXXX, that they were forced into filing a bankruptcy that listed all parties claiming any mortgage interest in the subject property, and that this issue has already been decided at a higher jurisdiction in XXXX XXXX, by a Federal Judge when each party claiming interest in the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. It was apparent from this that all the recordations done by XXXX XXXX, XXXX in the county record were done fraudulently by XXXX XXXX XXXX, since they lacked standing to pursue these and they are in clear violation of GOVERNMENT CODE SECTIONS XXXX ; The False Claims Act.XXXX explained At this time Judge XXXX XXXX XXXX started trying to help the Attorney, by mentioning from the XXXX  lengthly unlawful detainer rebuttal paperwork and exhibits that the Appeals court mentioned that no amended complaint was filed in an original case file. XXXX responded by saying that a motion was filed for a 20-60 day leave to amend the complaint but it was procedurally denied. Judge XXXX XXXX XXXX then mentioned in XXXX exhibits of the county recorder files that there were several judgments listed under XXXX. XXXX responded that all of the judgments you see in the county recorder files have been paid through the court, XXXX are secured party creditors, they have each been paid through the county comptroller. XXXX are current will all property taxes paying them themselves and have the documentations. XXXX also cary their own property insurance on their home. So, there are no judgments to enforce the default, and XXXX illustrated this in their ( XXXX EXHIBITS 10 ). XXXX required the contract be brought forth, No Alleged contract was or has been brought forth by Attorney XXXX, since there is no contract or agreement present between XXXX and any party, XXXX claim that XXXX XXXX XXXX has no standing to pursue this matter and it should be dismissed with prejudice, and that Judge should correct this issue by giving XXXX a Quiet Title to the said property, and have the Sheriff produce a new Sheriffs Deed.. The presumption that the lien that XXXX XXXX, XXXX is void and invalid, leading to the presumption that the unlawful detainer action has no legal basis or grounds to move forward, and is being orchestrated fraudulently with fraudulently created and recorded documents in the county records by XXXX XXXX XXXX of XXXX XXXX, XXXX. XXXX mentioned the XXXX XXXX case v. XXXX ( XXXX ) and XXXX v. XXXX, about law blended with equity. From Paragraph 2, NOTICE TO POTENTIAL BIDDERS, where it clearly states that a lien is being auctioned not the property. XXXX then brought up that according to UCC 1-103.6 it states that THE CODE IS COMPLIMENTARY TO THE COMMON LAW, a reservation of rights was also made under ICC XXXX. XXXX mentioned that UCC 1-103.6 states that, The Code can not be read to preclude a Common Law Action.XXXX. XXXX illustrated this with a Senate document from the XXXX CONGRESS,  DOCUMENT XXXX, SESSION XXXX, Congress in XXXX, CONTRACTS PAYABLE IN GOLD, and brought up this point since the document speaks to liens and interest, where on page 13 he read a quote, The ultimate ownership of all property is in the State ; individual so-called ownership is only by virtue of Government, i.e. law, amounting to mere, user ; and use must be in accordance with law, and subordinate to the necessities of the State., from this excerpt XXXX XXXX explained that even the deed of trust, if it were valid is invalidated by this excerpt in that we only have liens on the contractual air space within housing. This this bolsters XXXX equity argument since he has beneficial interest, legal interest, and equitable and underlying interest of the original transaction purchase of the house, and has made improvements to the property. XXXX then pointed the judge to the ( XXXX  EXHIBITS 22 ) in that XXXX XXXX compiled a listing of his financial interest in the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( XXXX EXHIBIT 22 ) that shows that they are the paramount interest holder of the subject property and already have a lien on the property with a large amount prior to XXXX, XXXX, XXXX XXXX XXXX then asked the judge if he insists proceeding with the case, he has made a legal determination that sections 1-308 and 1-103 of the UCC, which if the system of law that he is operating under, are they not valid law before the court. Then he just went back to as a matter of law. XXXX XXXX mentioned that he had filed multiple complaints with the CFPB, Governor, Attorney General, and Secretary of State, and DA and Sherriff and IRS, in a complaint format. We purchased a home from XXXX and XXXX XXXX and signed what has been revealed to us as a fraudulent security document first in XXXX then on XX/XX/XXXX. The NOTE that we signed was immediately monetized in XX/XX/XXXXnullifying any DEED OF TRUST or alleged mortgage, paying off the house. We had been paying out of reliance on this fraudulent security since our move in date on XXXX. It was not until recently that we filed multiple rescission ( 12 CFR 226.3 gives the right to rescind ) in XXXXXX/XX/XXXXtime frame and learned more about the transaction from a retired Wall Street banker and attorney that we hired to do a loan investigation clarifying the process around XXXX time frame. By filing the rescission letters in our paperwork we discussed the holding of the Supreme Court XXXX v. XXXX and how it nullifies the DEED OF TRUST, the document that is used to foreclose, thus with no deed of trust the unlawful detainer and fraudulent foreclosure sale is nullified..This documentation was back by ( XXXX EXHIBIT 5 ). XXXX also showed their NOTE which is their document of ownership and a CERTIFIED STAMPED DEED. All XXXX XXXX XXXX showed was copied documents from the county records. Everything was manufactured, and not original signatures and none embossed with authentic seals. XXXX objected to the evidence that it was false, fraudulent and manufactured, to the Judge XXXX XXXX XXXX. Attorney XXXX just said his paper perfecting the sale was in order. XXXX also had mentioned they hired a hand writing expert and XXXX XXXX to analyze many documents that were behind this agreement that were never disclosed to us. XXXX asked the judge if he understood about IRC XXXX Trusts involving IRC XXXX, and he has no knowledge of such things. XXXX then again made a jurisdiction argument that was not received well. One in particular XXXX spoke about a document that was used on this most recent foreclosure the THE CORPORATE ASSIGNEMENT OF DEED OF TRUST, that nullifys this current action. It was determined as being fraudulent and a manufactured document by hand writing expert XXXX XXXX, this document was brought forth in court on the XXXX for Judge XXXX XXXX to inspect. This one document nullifies the alleged forclosure as far as the ulawful detainer being based off of a fraudulent assignment since this case involved a IRC XXXX tax free IRS trust that was then fraudulently nullified in XXXX. And is a fraudulent document from expert testimony, and an invalid assignment because of the nature of the static trust it was in. Again, multiple documents that were sent our refuting any and all notices from Title 365, XXXX XXXX XXXX, and XXXX XXXX, XXXX. XXXX were sent out disputing the debt and asking for validation of the alleged debt as per 12 USC 3707 and none of the notices were responded to ( XXXX EXHIBITS 3 ). Also, XXXX mentioned that they were not contacted as per California Civil Code Section 2923.5/and 2923.55 ( C ) invalidating the chain of title of the foreclosure and this unlawful detainer action. XXXX explained that Nationstar, Title 365, XXXX XXXX XXXX recycled some paperwork from the county records from XXXX, and XXXX were never contacted for any loan counseling were it would have been determined that they did not have a loan. XXXX objected to Attorney XXXX XXXX XXXX abusing the legal process, since XXXX had already met the burden of proof for a jury trial in the XXXX Court with their exhibits and were scheduled for a JURY Trial, with Jury selection on the XXXX. XXXX also was filing fraudulent manufactured documents, while XXXX object, and XXXX filed rebuttals to all of the fraudulent documents that were not timely filed with XXXX for a proper response, some proof of services not signed by XXXX or with the incorrect plaintiffs name on the paperwork, and most all documents of XXXX XXXX, XXXX, lacking affidavits and declarations that they were authentic. Judge XXXX XXXX XXXX did not want to get into any of XXXX point by point rebuttal of affidavits, declarations or presentments of evidence by XXXX. XXXX brought up other evidence of their filings with the Consumer Financial Protection Bureau ( XXXX EXHIBITS 8 ), and he did not want to talk about any of the multiple letters sent to the XXXX XXXX XXXX DA, the California Attorney General, the California Secretary of State, or Sherriff of XXXX XXXX County XXXX XXXX putting them notice about the fraud with proof of the fraud. XXXX have contacted the FBI about this and filed a report and other Federal oversite has been contacted. XXXX reserved their rights without prejudice UCC 1-308, and other rights at without prejudice ICC 1-308, the commencement of this action and explained to the Court that they lacked jurisdiction in this matter ( XXXX v. XXXX ) in mentioned in XXXX  paperwork, since the case has already been presided on by a Federal Judge as far as the interest in the property and NATIONSTAR MORTGAGE, LLC /INC was listed in XXXX bankruptcy ( XXXX  EXHIBIT 9, back page ) and they failed to provide any proof of claim and were discharge without claim XX/XX/XXXX several years before any default judgment was filed against XXXX, or that XXXX were notified of. XXXX were not given a time to cross examine any witnesses that offered testimony or declarations or affidavits. XXXX proved from ( XXXX XXXX, XXXX EXHIBIT 6 ), that the house was not purchased ; but what was designated as an interest sale was some type of lien, but was not defined. XXXX brought up that XXXX XXXX XXXX had no standing because no contract or agreement existed between the parties. XXXX got cut off right before they were going to move the court because of XXXX XXXX, XXXX lack of standing to dismiss the matter. Recently it has been disclosed to us that we are a 3rd party beneficiaries to many of the documents that were not disclosed to us like the prospectus and the pooling in service agreements of the side running financial investment without our knowledge as part of Wall Street scheme, all nullifying any contract, for failure to disclose. We know now that there was never a valid deed of trust in place that was lawful to compel our payment, or to foreclose, and most of all of the reliance was done through mail fraud by XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX, XXXX. Nationstar Mortgage, inc./LLC whom we never have had any agreement with ( XXXX ). XXXX brought up in court that in XXXX credit reports Nationstar Mortgage had reported on XXXX credit report, that before the alleged foreclosure sale XXXX balance was at {$0.00} in a paid off status as far as 3 years prior with Nationstar. So there were no monies owed to foreclose on as per NATIONSTAR, since they reported as such after it was determined a fraudulent security.The Judge XXXX then tried to help counsel XXXX by saying the records of the county showed judgments, XXXX explained that each was for court fees that were paid by XXXX to the court, no evidence was brought forth to refute XXXX claims. Judge XXXX then started to dig in the appeal record, questioning why the complaint was not amended. XXXX XXXX replyed that he filed a 20 -60 day leave to amend the complaint but it was procedurally denied by judge XXXX in the prior case. The case by its own merits has been moved to the US SUPREME COURT from starting back in XX/XX/XXXXtill now. This whole time XXXX claiming standing as secured party creditors since they have filed their UCC-1 and other filings holding the property in trust. XXXX were cut off at that time not being able to ask to move the court for judgment of dismissal based on the prima fascia evidence that XXXX provided. They believe that Attorney XXXX is doing the Summary Judgment to avoid the already scheduled jury trial for the week of the XX/XX/XXXXthrough the XXXX, since XXXX had already met the burden of proof and paid the required {$150.00} fee this matter being tranfered out of the XXXX COURT. XXXX objected to the court that the process was not per the court rules and that they received XXXX XXXX, XXXX documents on the XXXX later in the day and returned them back with XXXX responses sent in the mail on the XXXX, refuting XXXX XXXX, XXXX claims was not enough time for the court to review, in fact in what XXXX XXXX observed they did not review them. XXXX were only given 3 business days to work on the paperwork and sent them in the mail served back on the XXXX, when XXXX were in court, the court still had not received their document service, neither had Attorney XXXX. XXXX strongly object to this process and find it prejudicial to XXXX XXXX, XXXX, and that it is abuse of process since this is the second time XXXX are being denied access to a Constitutional Protection and JURY PROCEEDING. This also damages the law since it is supposed to be base of public policy of jurys, WE THE PEOPLE.XXXX have thus filed a second 11 Amendment notice for damages, and have demanded the oath of office, XXXX Form and Replevin Bond of Judge XXXX XXXX XXXX. We estimate that these bad actors working in concert with the court have caused several millions of dollars in damages to the XXXX ( 3 ). XXXX XXXX then put the court on notice that, he would be appealing the legal determination. XXXX XXXX also asked Judge XXXX if he had a judicial bond, and if he could have a copy of it. He was not answered that was audible. This is another request for the Judicial/Replevin Bond of Judge XXXX XXXX XXXX. XXXX XXXX has given XXXX XXXX permission to communicate about this matter for her. WE DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THIS XXXX DAY OFXX/XX/XXXX, AT XXXX, California. 1. The acts and omissions of Defendants, and their agents, each of them, caused Plaintiffs to suffer actual damages, bankruptcy, credit damage, emotional damages, loss of good title and accrued attorney fees, potential y loss of their home which is valued as over {$670000.00} and is a non negotiable instrument since XXXX have possession of the NOTE and are not wanted to sell it or negotiate it at this time. This means that Judge XXXX XXXX XXXX is commercially liable as per 452 B. R. 876. For XXXX damages from the non-negotiable instrument. XXXX will pursue a commercial remedy in this matter. 2. The acts and omissions of Plaintiffs, and their agents, each of them, continue to cause Defandants to suffer actual damages, emotional damages loss of good title and accrued attorney fees. PRAYER WHEREFORE, Plaintiffs pray for judgment against Defendants, each of them, as follows : 1 )  For a determination that Defendants, each of them, violated CIVIL CODE 2924 2 ) For an Order enjoining the sale or encumbrance or taking of possession of the subject property by Defendants of its agents or assigns until this matter is resolved, 3 ) For an Order cancelling the NOTICE OF DEFAULT, THE ( two ) NOTICES OF TRUSTEE SALE, and the SUBSTITUTION OF TRUSTEE, any ASSIGMENTS, and any TRUSTEE DEED UPON SALE. 4 ) For determination that Defendants, each of them, committed the tort of Intentional Misrepresentations against Plaintiffs, causing harm, 5 ) For determination that Defendants, each of them, committed the tort of Conspiracy against Defendants, causing harm, 6 ) For determination that Plaintiffs, each of them, have engaged in systematic unfair and deceptive business practices in violation of BUSINESS AND PROFESSIONS CODE Section 17200, 7 ) For determination as to the historical Chain of Title of the subject Note including a determination of who current owns the note, who has standing to foreclose or re-convey the deed of trust to XXXX and to Quiet TITLE to XXXX. 8 ) Damages in an amount to be proven at trial, 9 ) Punitive damages in an amount to be proven at trial, 10 ) For Restitution in an amount to be proven at trial, 11 ) For costs of suit and reasonable attorney fees herein incurred, in this commercial remedy. 12 ) For such other and further relief as a Court may deem proper. DATED :XX/XX/XXXX Respectfully submitted, _______________________________________ XXXX XXXX XXXX,, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX