Law Offices of Charles T. Marshall (HAR No. 176091) 415 Laurel St. #405 San Diego, CA., 92191 619-807-2628/340-888-9600 ext. 101 Fax: 966-575-7413 Date: August 3", 2015 Via U.S. Certified Mail, RRR; U.S. Mail First Clas CLEAR RECON CORP. 4375 JUTLAND DR., #200, SAN DIEGO, CA... 92117 RESIDENTIAL CREDIT SOLUTIONS, INC. Po box 163229, Ft. Worth, TX., 76161-3229 Re: Real Property: 158 N. CENTER ST., ORANGE, CA., 92866 APN 039-253-16 TS No @24491-CA Trustor VALERIE LOPEZ Sale Date : AUGUST 18, 2015 NOTICE OF INVALID INSTRUMENT(S), NOTICE OF FALSE CREDIT REPORTING 15 U.S.C. § 1681 (FCRA) AND NOTICE TO CEASE AND DESIST; NOTICE TO AGENT IS NOTICE TO PRINCIPAL Re: Loan No. 2001237048-Principal Loan: $692,000.00- Orig, Date: 10/26/2005 Dear CLEAR RECON CORP AND RESIDENTIAL CREDIT SOLUTIONS, INC My law firm has been retained by the trustor. VALERIE LOPEZ, the owner of the real properts identified above. As the purported trustee and loan service’ on the deed of trust seeured on the al property, you ae acting as agent for both the Lender and Trustor. You carry an equal duty 1 the Trustor under the strict terms of the deed under which you purport to operate: “The shove identified consumer credit account is being falsely reported by your Principal/Loan Servicer who does not have the authority, as directed by a valid beneficiary, to report aty sformation concerning the above entitled consumer finance transaction. A reinvestigation oF he account is demanded by the consumer and: competent und reli ible evidence is required to be produoed and defivered to the consumer and all three (3) CRA's that authenticates that a valid beneficiary has actually paid valuable consideration for the debt obligation st nd that the beneficiary Beg hens ee ee oc ese oe gomedia ay SERVICER GENERATED COMPUTER FILES ARE NOT ACCEPTABLE UNDER RE ‘AB 1122 (US, SECURITIES & EXCHANGE COMMISSION REGULATION AB § 1122) ~ Page 1Your Notice of Default (“NOD”) and other significant title documents in the record fail to comply with California Civil Code § 2924.17(a) “every significant document recorded within the non-judicial foreclosure system the morgage servicer will ensure that the document is accurate and complete and supported by comperent and reliable evidence.” Under Civil Code § 2924.17(b) “the mortgage servicer shail ensure that it has reviewed! compeient and reliable evidence 10 substantiate the borrowers default and the right io foreclose.” Thus, we understand that your notice does not invoke the statute at California Civil Code § 2924 et. seq. PLEASE TAKE NOTICE that pursuant to the contract deed of trust as it governs the parties to the contract herein, you are in Breach of said contract and under the deed of trust section, “NOTICES”, Trustor hereby gives notice to Agent, Notice to agent is Notice to principal. Trustor was never noticed of their right to assert the non-existence of a default thirty (30) days prior to the acceleration of the debt (See sec. 22, deed of trust). Thus, a contractual condition precedent hhas been materially breached by you and your Principal(s). Also. under the contract deed of trust, only the “Lender” or its lawful assigns may authorize actions under the contract. The “Lender” has not authorized the above named entities to perform any duties or actions under the contract. ‘Trustor is informing you that: A) The beneficiary has never declared a default of the above identified loan, anc }) All proceeds due have been accepted and applied by the purported Deneficiary and all payments under the contract are fulfilled per the strict language of the contract. Third party payments have extinguished the monthly obligations as contemplated by Cal. Civ. Code § 2924c (a)(1)(2): (“Uf the rrusior, mortgagor. or other person authorized 10 cure the default pursuant to ihis subdivision does cure the default, the beneficiary or mortgagee or the agent for the beneficiary or mortgagee shall, within 2! days following the reinstatement, execute and deliver 10 the trusiee @ notice of rescission which rescinds the declaration of default and demand for sale and advises the trustee of the date of reinstatement. The trustee shall cause the notice of rescission to be recorded within 30 days of receipt of the notice of rescission and of all allowable fees and costs.”), You are now directed to rescind the NOD and cause Notice to all credit_agencies of such rescission and 1» immediately correct _all previously reported Begative credit information to all three credit reporting ag: sncies as named below. ‘You now have notice of facts (id.) that constitutes “required notice” under FORA $1681 et. seq, By your recording of the false filed instruments, you are in violation of consumer's contract and the Fair Credit Reporting Act (codified at 15 U.S.C. §1681 et. Seq.). You have caused false information to be reported to credit reporting agencies ("CRA’s") against borrower's interests. You now have a duty, under NOTICE, to provide competent and reliable evidence as 10 the source, veracity and ruthfulness of all facts contained within all relevant title instruments recorded, You are hereby instructed by Trustor to “Deliver” to Trustor. or his/her authorized agent, a certified copy of the “Declaration of Default and Demand for Sule”. as described in the Notice of Default executed by your Company. This “Declaration” must be executed by the Beneficiary (not the loan servicer), as specified in your Notice of Default, and also must verify the Beneficiary’s accounting for each payment received and applied (Rey, AB § 1122). regardless of the source of the payment, pursuant to the strict langue e of the Deed of Trust and Note. You ‘must also deliver the competent and reliable evidence upon which you relied that authenticates all statements of fact within assignments of deed of rust and substitution of trustee by @ person with personal, first-hand knowledge of those facts by operation of aw in California, -~ — Page 2*THE PURPORTED LOAN SERVICER IS NOT THE BENEFICIARY. ANY ALLEGATION OF AGENCY BETWEEN THOSE TWO PARTIES IS y ALLEGATI SIS DISPUTED BY ‘The “Delivery” of the “Declaration of Default” must comply with California Civil Code § 2943 et. seq. requirements. Trustor requires that a “Beneficiary Statement”, as defined by Civil Code § 2943(a)(1), (2)(A), be “Delivered” within the meaning of the same Code section(s). Trustor is an “Entitled Person” under the same Code. Trustor also requires a “Payoff Demand statement” as defined in the same Code. Trustor requires, under the same Code, id: § 2943(b)(1): A beneficiary, or his or her authorized agent, shall, within 21 days of the receipt of a written demand by an entitled person or his or her authorized agent, prepare and deliver to the person demanding it a true, correct, and complete copy of the note or other evidence of indebtedness with any modification thereto, and a beneficiary statement. Trustor gives NOTICE that the purported trustee is not authorized lawfully as the trustee of Trustor's deed of trust. Any further acts on your part constitute acts taken with valid notice of such Ulira Vires acts PLEASE TAKE NOTICE that your reliance on any “good faith” information provided to you by the purported beneficiary under Cal. Civil Code § 2924 is hereby deemed disputed and denied by Trustor. You have not invoked the statute at Cal. Civil Code § 2924. PLEASE TAKE NOTICE the NOD, as filed for record, is rejected for cause and is not accepted by the Trustor, The NOD, Document # 2015000168503, is false and cause for rejection is as follows: 1. The amount due, alleged in the filed instrument, is incorrect and false, Neither the beneficiary nor its (stated) agent/nominee has accounted for the amounts accurately And; 2, Your agent, “BERNIS GONYEA” has made 2 false statement that he/she, as an alleged agent for the beneficiary. has received from the beneficiary a statement “That by reason thereof the present beneficiary under such deed of trust has executed and delivered to said duly appointed trustee a written Declaration of Default... You now have specific knowledge that a “written Declaration of Default and Demand for Sale” has never been evidenced, executed or delivered to the: consumer, a valid loan services (Your principal) orto the trustee. Your failure to timely evidence such a written Declaration shal get as an admission that, in fact, no such Declaration was ever received by you (trustee) nor executed by the actual, yerified and authenticated, beneficiary. Trustor states as a fact, in repudiation, that no such Declaration has been evidenced or exists, as made by a bona fide beneficiary to the debt obligation. ‘The obligation was performing per contract provisions at the time of the execution ofthe subject Note Page 3If any attempt is made to execute a Trustee Sale of Trustor’s property, you will be acting with Notice of invalid Filed Instruments and of debt disputed by the Trustor. Please be advised that, because of and consequent to this Notice of invalid Filed Instruments, the trustee, the credit reporting agencies and purported loan servicer are exposed to full liability, jointly and severally, along with the authenticated Beneficiary(s) and/or affiliated entities for any damages that may. in the future, be awarded for filing false instruments, breach of contract, HBOR/FCRA claims or wrongfal foreclosure/Tort. PLEASE TAKE NOTICE that the purported Trustee and purported loan servicer are in criminal violation of Cal. Penal Code §115.5, filing false Instruments, You are hereby demanded 10 immediately remove al. recorded instruments executed by your companies from the publie record ‘permanently and to cause public notice of stich Reseission to be effected immediately PLEASE BE ADVISED this is not a request for postponement of sale: it is a Demand for Rescission of Filed Instruments as identified herein. If the filed instruments are not removed from the Recorders’ Office within 30 days of receipt of this Notice, Trustor shall commence an aetion for their removal by Court Order and for other relief as described above. Trustor shall seek financial damages as justified against the purported loan servicer and trustee. ‘The Credit Reporting Agencies have been noticed and shall convey your duty to investigate. You and your principal now havea duty under 15 U.S.C. § 1681i (a)(1) to timely and accurately reinvestigate these issues Pursuant to 15 U.S.C. § 1681s-2 (E) (iii) and (iv) and to issue your findings, timely, to trustor and their agent and the three (3) CRA’s (listed below). Sincerely, #S/.Charles T. Marshall Atomey of record Ce: Experisn/Consumer Dispute, NCAC, PO Box 9701, Allen Tx.. 75013, Equifen/Consumer Bispute, PO Box 105518, Atlanta, Ga. 30348 ‘TransUnion Consumer Solutions, PO Box 2000, Chester. PA, 19022-2000 Page 4