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No. 18-1536
In the
Supreme Court of the United States
_______________
KIMBERLY COX
Petitioner,
v.
OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY, et al.,
Respondents.
________________
On Petition for a Writ of Certiorari
to the United States Court of Appeals
for the Ninth Circuit
_______________
PETITIONER’S AMENDED MOTION
TO STRIKE OPPOSITION BRIEF
_______________
Kimberly Cox,
Petitioner, in propria persona
c/o Ronald H. Freshman,
Law Office of Ronald H. Freshman
3040 Skycrest Dr.
Fallbrook, CA 92028
(858) 756-8288
ronfreshman@gmail.com
AMENDED MOTION TO STRilffil
INTRODUCTION
This Amended Motion to Strike supplements
Petitioner Kimberly Cox's ("Ms. Cox") original
Motion to Strike (the "Motion") dated July 23, 2019,
in order to provide additional details, pertinent
procedural and adjudicative facts, and additional
argument for this Court to consider in making its
decision to strike the impertinent and immaterial
Opposition to her Petition for Writ of Certiorari (the
"Petition") pursuant to Sup. Ct. R. 21.2(c).
The Opposition to Petition for Writ of Certiorari
purportedly submitted on behalf of or by "NEWREZ
LLC f/k/a NEW PENN FINANCIAL, LLC d/b/a
SHELLPOINT MORTGAGE SERVICING
('NEWREZ'') and THE BANK OF NEW YORK
MELLON f/k/a THE BANK OF NEW YORK AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF
CWMBS, INC., CHL MORTGAGE PASS-THROUGH
By this motion, Ms. Cox does not waive objection or any
other legal or constitutional right she may have to challenge
unauthorized attempts by any other entity or purported entity
to appear before this Court.
1
TRUST 2005-02 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-02" ("BONYM as
Trustee of Certificates") (collectively, the "Purported
Entities") and includes a "Corporate Disclosure"
under Sup. Ct. R. 29.6 (collectively "Opposition").
The Opposition was served and purportedly filed but
had not been docketed as of the date of Ms. Cox's
July 23, 2019 Motion.
Since the filing of Ms. Cox's July 23, 2019 Motion
it has been learned that the attorney who submitted
the Opposition is not admitted to practice before this
Court. It is a further and additional basis to strike
the Opposition because it was filed by an attorney
who is not admitted to practice before this Court.
II.ARGUMENT
A. The Purported Entities Lack Standing
The Purported Entities named on the caption
page of the Opposition and in the Corporate
Disclosure purport that NEWREZ and BONYM as
Trustee of Certificates have an interest in and are
2
"Respondents" in the proceedings before this Court.
The procedural history of the case for which review is
sought involved exhaustive efforts by Ms. Cox to
ascertain how the parties named in her action could
possibly have any authority to seek a nonjudicial
foreclosure based on the purported security and an
obligation which had been rescinded under 15 U.S.C.
§ 1635(a) and any remaining claimed debt was
subsequently discharged in her Chapter 7
proceedings when scheduled as unsecured.
The Purported Entities lack standing to be heard
in opposition to the Petition based on the following:
1. The Purported Entities named in the
Opposition are not named as respondents 1n Ms.
Cox's petition (see pg. iii thereof);
2. The Purported Entities named m the
Opposition have failed to show or even allege, that
they are real parties in interest under Fed. R. Civ. P.
17;
3. The Purported Entities were never sued or
named as parties, defendants or appellees by Ms.
3
Cox in any of her filings in the United States District
Court for the Northern District of California (the
"District Court") and the United States Court of
Appeals for the Ninth Circuit (the "Court of
Appeals") from which the Petition for Review
emanates nor did the Purported Entities appear in
the Chapter 7 case Ms. Cox filed 1n
the United States Bankruptcy Court for the
Northern District of California on November 12,
2010;
4. The Purported Entities have not shown that
they are necessary parties under Fed. R. Civ. P. 19
requiring joinder nor are they entitled to permissive
joinder under Fed. R. Civ. P. 20;
5. In the proceedings below, no issue of
misjoinder of parties was raised under Fed. R. Civ. P.
21;
6. The Purported Entities never sought to
intervene in the action pending on review under Fed.
R. Civ. P. 24;
7. The Purported Entities do not assert grounds
4
for substitution under Fed. R. Civ. P. 25 in the
District Court or under Fed. R. App. P. 43 in the
Court of Appeals and no substitution of parties has
ever been filed in this case at any level or in any
related proceeding;
8. The Opposition failed to challenge Ms. Cox's
identification of each party and respondent named in
pg. iii of the Petition for Writ of Certiorari
("Petition"), which does not name the Purported
Entities identified in the Opposition, as a
misstatement pursuant to Supreme Court Rule 15.2;
9. The parties identified as respondents in the
action sought to be reviewed were identified by Ms.
Cox in the District Court and Court ofAppeals as:
"OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY;
NEW PENN FINANCIAL, LLC d/b/a
SHELLPOINT MORTGAGE SERVICING;
THE BANK OF NEW YORK MELLON
CORPORATION AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS
OF CWMBS INC CHL MORTGAGE PASS-
THROUGH TRUST 2005-02 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2005-02; and
5
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC."
10. Specifically, as to the Purported Entities
attempting to appear before this Court, Ms. Cox
identified the parties in the proceedings below (see,
pg. iii of the Petition) as:
Old Republic National Title Insurance
Company2;
New Penn Financial, LLC d/b/a Shellpoint
Mortgage Servicing ("NewPenn");
The Bank of New York Mellon Corporation as
Trustee for the Certificateholders of CWMBS
CHL Mortgage Pass-Through Trust 2005-2;
and
Mortgage Electronic Registration Systems,
Inc.a
11. The Purported Entities attempt to appear as
NEWREZ LLC flk/a NEW PENN FINANCIAL, LLC
d/b/a SHELLPOINT MORTGAGE SERVICING and
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS, INC., CHL
2 Old Republic National Title Insurance Company has
neither appeared nor waived its right to be heard in response to
Ms. Cox's Petition.
3 Mortgage Electronic Registration Systems, Inc. has
waived its opportunity to respond to the Petition.
6
MORTGAGE PASS-THROUGH TRUST 2005-02
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-02;
12. The Purported Entities failed to demonstrate
any legal authority to appear in opposition to the
Petition in identities which were not designated by
Ms. Cox in the proceedings below or identified as
respondents in these proceedings;
13. There is a long-standing, nationwide issue of
constitutional dimension affecting the Due Process
Rights of millions of homeowners who have been
dispossessed or are defending against judicial or
nonjudicial foreclosure proceedings but who cannot
exercise their defenses against foreclosures because
they cannot identify the real parties in interest in the
foreclosure proceedings;
14. Notwithstanding the timely and lawful
rescission of the transaction the subject of this
action, Ms. Cox has been denied her Due
Process Rights to defend her property rights and
interests by the systematic concealment of the true
identity of any true "real-party-in-interest", if such
were ever proven to exist;
15. The "real-party-in-interest," if any, has
7
been hidden behind the veil of the electronic data
base known as the MERS® System, which was
owned and operated by the parent company of
Mortgage Electronic Registration Systems, Inc.
16. An individual claiming to be "Assistant
Secretary" of Mortgage Electronic Registration
Systems, Inc. executed the attached Exhibit A,
which falsely claims that Mortgage Electronic Regis-
tration Systems, Inc. is the beneficiary of Ms. Cox's
purported Deed of Trust ("DOT'') in its own name
and right and not as nominee (limited agent) of the
purported "Lender" which was the nonexistent
entity, America's Wholesale Lender ("AWL") 4•
17. Under California Law, the beneficiary of the
Deed of Trust must be the party entitled to payment
on the indebtedness secured by the Deed of Trust
and Mortgage Electronic Registration Systems, Inc.
has publicly admitted that it does not hold any Notes
and is not entitled to payments on any Notes
secured by Mortgages or Deeds ofTrust in which it
appears as nominee for the entity identified as the
purported "Lender" at the following URL:
4 America's Wholesale Lender was a trade name for
Countrywide Home Loans, Inc. and never existed as a de jure
entity.
8
https://www.mersinc.org/about-us/faq
on January 15, 2015. (See Declaration of Wendy
Alison Nora and attached Exhibit B.)
18. Since the admissions of the MERS® System
were retrieved on January 15, 2019, the admissions
preserved as Exhibit B have been removed from the
website of MERSCORP Holdings, Inc., the parent
company of Mortgage Electronic Registration
Systems, Inc., at https://www.mersinc.org (See
Exhibit C).
19. It is undisputed that Ms. Cox timely
rescinded the subject transaction in 2007 under 15
U.S.C. sec. 1635(a).
20. The individual claiming to be "Assistant
Secretary" of Mortgage Electronic Registration
Systems, Inc. recorded a false assignment of the
rescinded Deed of Trust purportedly assigning it to
BONYM as Trustee for Certificates on December 7,
2009 ("Assignment") which Ms. Cox consistently
attempted to challenge below.
B. The Corporate Disclosure
The Corporate Disclosure included in the
Opposition is incomplete and materially misleading.
9
The Corporate Disclosure was purportedly filed
pursuant to Sup. Ct., R. 29.6. However, the
Corporate Disclosure is incomplete and materially
misleading in the following particulars:
1. Notwithstanding that neither NEWREZ nor
BONYM as Trustee of Certificates are named
respondents in Ms. Cox's Petition, the proffered
name for NEWREZ, "Shellpoint Mortgage Servicing",
is a purported fictitious business name for NEW
PENN FINANCIAL, LLC (NEW PENN), one of the
respondents identified as a party in the proceedings
below that was named in the Petition.
2. Shellpoint Mortgage Servicing 1s not a
corporation, limited liability company or limited
liability partnership, but is a name under which
NEW PENN has purported to do business in
California.
3. Shellpoint Mortgage Servicing was not
lawfully registered as required by the California
Business and Professions Code (BPC) at BPC sec.
17900, et seq., specifically at BPC secs. 17913-17917.
4. The interest of the entities identified as
10
Shellpoint Partners, LLC and New Residential
Investment Corp. were never disclosed in the
proceedings below.
5. If Ms. Cox's identification of NEW PENN was
erroneous, NEW PENN did not address the mistaken
identification of NEW PENN in the proceedings
below.
6. Until the Petition was filed, NEW PENN
proceeded in the identity designated by Ms. Cox.
7. As a matter of law, BONYM cannot be a
Trustee for Certificates because certificates cannot be
beneficiaries of a trust.
8. BONYM as Trustee for Certificates cannot be
a subsidiary of Bank of New York Mellon
Corporation because certificates are not de jure
entities which have trustees or parent companies.5
9. Ms. Cox identified the CHL Mortgage-Backed
Trust 2005-2 as the entity for which Bank of New
5 Although it never made an appearance in this action,
Ms. Cox provided evidence from The Bank of New York Mellon
Corporation in which it denied being the trustee for the
purported trust.
11
York Mellon Corporation was Trustee.
10. If the identification of Bank of New York
Mellon Corporation was an error by the Ms. Cox, it
was not addressed as an error in the proceedings
below, which proceeded in the identity designated by
Ms. Cox.
11. Ms. Cox was denied her constitutional Due
Process Rights to be heard in the action below in
order to ascertain the de jure entity which was
seeking to exercise the remedy of nonjudicial
foreclosure against her real estate after rescission of
the purported debt and discharge of any purported
obligation thereto in Chapter 7 in violation of her
Due Process Rights under the Fifth and Fourteenth
Amendments to the United States Constitution.
12. The Purported Entities should not be
allowed to appear before this Court with different
identities than those involved in the proceedings
below without establishing themselves as true de
jure entities and establishing the basis for their
claimed standing to appear before this Court in
12
opposition to the Petition.
13. Because Ms. Cox learned that the attorney
representing the Purported Entities in the filing of
the Opposition is not admitted to practice before this
Court.
14. Because the Opposition was submitted not
only on behalf of parties lacking standing to appear,
but by an attorney not admitted to practice in this
Court, the Opposition to Ms. Cox's Petition should
not be filed.
III. CONCLUSION
Neither NEWREZ nor BONYM have established
any legal, equitable or contractual authority upon
which to base their claimed standing to proceed
before this Court which deprives this Court of
jurisdiction to consider the Opposition under Article
Three, Section 2 of the United States Constitution.
Moreover, the Opposition has not been submitted by
an attorney admitted practice before this Court.
Therefore, for the reasons and upon the grounds
stated and referenced herein, Ms. Cox respectfully
13
requests the Court grant this Motion, refuse to
docket the Qpposition and disregard the Opposition
in its entirety.
Date: July 25, 2019
Kimberly Cofu!jrO per
Ms. Cox has been assisted by the undersigned in the
preparation of this Amended Motion to Strike the Opposition of
NEWREZ, LLC and BONYM as Trustee for Certificates.
AN IMAGE OF THE SIGNATURE BELOW SHALL HAVE THE
SAME FORCE AND EFFECT AS THE ORIGINAL
~w~Y~~~
310 Fourth Ave. S., #5010
Minneapolis Minnesota 55415
Phone: (612) 333-4144
Email: accesslegalservices@gmail.com
a member of the bar of this Court.
14
DECLARATION OF WENDY ALISON NORA
Wendy Alison Nora declares under penalty of
perjury of the laws of the United States of America
pursuant to 28 U.S.C. sec. 1746 of her own personal
knowledge that Exhibits A, B, and C attached hereto
are true and correct copies of what they purport to
be.
Exhibit A is a certified copy of the Substitution of
Trustee and Assignment of Deed of Trust obtained by
Ms. Cox from the Santa Cruz County, California
Recorder.
Exhibit B is a true copy of the admission of
MERSCORP Holdings, Inc. at the following URL:
https://www.mersinc.org/about-us/faq
which she retrieved on January 15, 2015 in HTML
format. She converted the resulting HTML document
to PDF format for preservation.
On July 25, 2019, she visited the URL described
above and found that the public admission has been
removed form the website of MERSCORP Holding,
Inc. She created Exhibit C by converting the result
15
of attempting to connect to the URL from HTML to
PDF format.
Dated at Madison, Wisconsin this 25th day of July,
2019.
16
EXHIBIT A
RECORDING REQUESTED BY:
RECONTRUSTCOMPANY
2009-0056700 12/07/2009 01 :58:00 Pl'I
OFFICIALs::~o~~f d~e1:·~!~0~~ Coun~y
RECORDXNG FEE: $24.00
COUNTY TAX: $0.00
CXTV TAX: $0.00
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENTS TO:
RECONTRUSTCOMPANY
1800 Tapo Canyon Rd., CA6-914-0l-94
SIMI VALLEY, CA 93063
IUH1111~1 I~ ~I H~ IIE~l 11le111111~T:RC013!5
ATrN: Dolores Romo-Carabajal
TS No. 09-0167053
SUBSTITUTION OF TRUSTEE AND ASSIGNMENT OF DEED OF TRUST
The undersigned MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., (hereinafter referred to
as Beneficiary) is the Beneficiary ofthat certain Deed of Trust dated 12110/2004, executed by KIMBERLY
COX, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, Trustor, to CTC REAL
ESTATE SERVICES. as Trustee, and recorded as Instrument No. 2004-0089505 on 12121/2004, ofOfficial
Records in the County Recorder's Office ofSANTA CRUZ County. California. NOW THEREFORE,
Beneficiary hereby substitutes RECONTRUST COMPANY, N.A., WHOSE ADDRESS lS: 1800 Tapo
Canyon Rd., CA6-914-0l-94, SIMI VALLEY. CA 93063, as Trustee under said Deed ofTrust herein
referred to, in the place and stead of and with all rights, title, powers, and interest ofthe former trustee
described above.
FOR VALUE RECEIVED. the undersigned hereby grants, assigns. conveys and transfers to THE BANK OF
NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS CWMBS. JNC. CHL MORTGAGE PASS-THROUGH TRUST2005-2
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 all beneficial interest under that certain
Deed ofTrust described above. Said described land: "As more fully described in the above referenced Deed
ofTrust.." Together with the note or notes therein described or referred to, the money due and to become due
thereon with the interest. and all rights accrued or to accrue under said Deed ofTrust.
DATED: November 13, 2009
State of: ___
CAU
__
FO_RNIA
___
County of: VENTURA
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
) BY=---~--- ..............'.....
1"'--M-------u
..........
rvh~...._--­
> Abraham Bartamian, Assistant Secretary
orN_QY....!!J!~.J~~{q~..ID~~IA"N .JANET L KOCH • notary public, personally appeared
__-
_ _ _
·...,..-
ABfVHAM._,....
_ _ _BAR
______________. who proved to me on the basis ofsatisfactory
evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the Jaws of the State ofCalifornia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
(Seal)
Form subasgnmnt (01109)
.: ..
~ 1"1.,.,. .-...-. . . ' .
THIS IS TO CERTIFY THAT IF BEARING THE SEAL OF THE COUNTY
RECORDER OF SANTA CRUZ COUNTY CALIFORNIA T~IS IS A. CORRECT
COPY OF ADOCUMENT FILED RECORDED IN THE RECORDS OF SANTA
CRUZ COUNTY. CALIFORNIA. .
SEAN SALDAVIA COUNTY RECORDER
~~
DATE
JAN3 12011
EXHIBITB
Search... Home I Contact Us I Privacy Policy I Site Map 1;1gw
if:;,_ :- - - - - - ·-- - -- - - - ·-- ·--
About Us I Information for Homeowners I Neighborhood Benefits I Join MERS9
I Media Room
AbOllt Us
e>- Our Business
• Corporate Officers
e- Board of Directors
Shareholders
• FAQ
Contact Us
C> careers
Member Search
0- Payment Options
FAQ
• Whal IS MERSCORP Holdings'
• What is MERS?
• What 1s the MERS" Sys1em?
• Are MERS loans recorded in the public land records?
• How docs MERS become a mortgagee?
• What does "MERS as original mortgagee" mean lo borrowers?
• Does MERS collect mortgage payments from borrowers?
• What does MERS do for lenders?
• Does MERS have the documer11s fo r l oa ns reg1S1ered on the MERS• System?
• How docs MERS benefit borrowers?
• Docs MERS hide the mortcanc note owner?
• Hav111c trouble finding information on our website? Contact Us.
What is MERSCORP Holdings?
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS• System a nd a ll other
MERS• products. It ls a member-based organiza tion made up of thousands of lenders, servicers, su b-servicers,
investors ilnd eovernmcnt i ns titutions.
What is MERS?
Mortgage Electronic Regisiration Systems, Inc. (MERS) is a wholl y-owned subsidiary of MERSCORP Holdings, and It>
sol e purpose is 10 serve as mortgagee in the la nd records for loans regi stered on the MERS• System and MERS"
Commcretal. MERS is a nominee ror the lender and subseque nr buyers ("'bene ficial 01i.vners") of a mortgage loan and
serves as a common agent for th e mortgage industry
What is the MERS®System?
The MERS• System is a national el ectronic da tabase that tracks changes in mortgage se1V1cing rights and beneficial
ownership interests in loans secured by residential real estate.
Are MERS loans recorded in the public land records?
All MERS mortgages (or deeds of trust) registered on the MERS• Syste m are recorded in 1he public land records. The
MERS• System is not a system of public record nor a replacement for 1he public land records. No interests In those
mortgages lor deeds of trust) are transferred on the MERS• System; they are onl y tracked.
How does MERS become a mortgagee or beneficiary?
There are two ways. At dosing, the borrower and l ender both agree to standard language in the security instrument
making MERS the ong1nal mortgagee or beneficiary, with the right to act on behalf of the lender and its succe ssors
an d assigns. The standard language 1s approved and used by Fannie Mae, Freddie Mac, Ginnie Mae, the Federal
Housing Administra11on (FHA) and the Veterans Admin1s1ration (VA). If MERS was not named as the original
mortgagee on the secuntyinstrument,a lender can record an assignment of the mortgage to MERS afterclo~ing .
What does "MERS as original mortgagee" mean to borrowers?
MERS' role and rights are clearly spe l led out 1n the contract between borrower and lender. When borrowers sign the
mortgage secunty Instrument at closing, they agree to standa rd l anguage that grants and conveys legal title of the
mortgage to MERS as mortgagee, giving the com pany the right to act on behalf of the cu rrent and subsequent owners
of the loan.
Does MERS collect mortgage payments from borrowers?
Home
••v• ,.,..,..,..,, •t•._.,.,_....,..,,.,,, ••v• ...• 11 b"' v• .,•• ...,. ,••...,....,... .,,,,.......... ,......,. ............ , ., ..,.. ,,,...,,,b.,.b... ~• •• 1 ""'"'b"'Co""" , .... ,..,... ... ,.,,, v• ..,...,..... , ""...,'"'b""D-
servicing companies, collect payments from borrowers and manage their loans. Borrowers who have questions about
their loans, or who need help with foreclosure prevention, should contact the company they send their payments to-
not MERS orMERSCORP Holdings.
What does MERS do for lenders?
As the mortgagee of record, MERS receives service of process, legal notices and other mail regarding the mortgaged
properties. MERSCORP Holdings, Inc., on beha If of MERS, sorts, scans and transmits documents electronically to the
appropriate member. Because MERS is a common agent for its members, recording an assignment of the mortgage
is eliminated when ownership of the promissory note or servicing rights transfer between members. This reduces
work and cost. The MERS• System also provides information on undisclosed liens, which reduces fraud.
Does MERS have the documents for loans registered on the MERS® System?
No. MERS, MERSCORP Holdings or the MERS• System are not document custodians and do not hold promissory notes or
mortgage documents on behalf of lenders, servicers or investors. We are not responsible for keeping mortgage
records-the servicer maintains the loan files.
How does MERS benefit borrowers?
MERS as original mortgagee eliminates breaks in the chain of title, resulting in less work and lowerfees paid by the
lender-fees that would ultimately be passed down to the homeowner. MERSCORP Holdings, Inc. provides access to
data in the MERS• System free of charge to homeowners, county officials, and regulatory officials (subject to privacy
restrictions). Homeowners can access the data on their mortgage loans registered on the MERs• System through
MERS• Servicer ID online or by phone at 1-888·679·6377.
Does MERS hide the mortgage note owner?
No. All MERS mortgages (or deeds of trust) registered on the MERS• System are recorded in the public land records.
The MERS0
System is not a system of public record nor a replacement for the public land records. No interests in those
mortgages (or deeds of trust) are transferred on the MERS• Sys tern; they are only tra eked.
Contact Us ·Privacy Policy Site Map Member Login
Copyright~ 2013 by MERSCORP Holdings, Inc. 1-~0().646-MERS (63n).
Other products orcompanynames are or maybe trademarks or-registered trademarlcs and are the properrvofthelrrespectiVe holders.
EXHIBIT C
··--r-··· ·· ·· ······-·-···-·-·er ----- -· -·
(800) 646-6377 Member Login
Products+ Services Homeowners About
4 - Page Not Found
We're sorry, this page could not be found
Please enter a key word in the search field above or go to the MERS Homepage.
CERTIFICATE OF SERVICE
Pursuant to S.Ct. R., 29, I, Charles Cox, am not a party to this
action and I am over 18 years old. I hereby certify that on July 25, 2019,
I personally caused copies of PETITIONER'S AMENDED MOTION TO
STRIKE OPPOSITION BRIEF to be served, by placing copies in
envelopes addressed to each person listed below by prepaid, first-class
U.S. Mail.
Old Republic National Title Insurance Company, C/O John
Christopher Steele & Namson Pham, Zieve, Brodnax &
Steele, LLP, 30 Corporate Park, Suite 450, Irvine, CA 92606,
(714) 848-7920;
New Penn Financial, LLC d/b/a Shellpoint Mortgage
Servicing, C/O Ben Mohandesi & Jordan Seungjin Yu, Yu
Mohandesi LLP, 633 West Fifth St., Suite 2800, Los Angeles,
CA 90071, (213) 377-5505;
The Bank of New York Mellon Corporation f/k/a The Bank of
New York Company, Inc., As Trustee for the Certificate
Holders of WMBS Inc - CHL Mortgage Passthrough Trust
2005-02, C/O CT Corporation System 818 W Seventh St., 2nd
FL, Los Angeles, CA 90017 (as an unrepresented party who
failed to appear) (213) 627-8252; and
Mortgage Electronic Registration Systems, Inc. C/O
Elizabeth Holt Andrews & Jan T. Chilton, Severson &
Werson APC, One Embarcadero Center, San Francisco, CA
94111, (415) 677-5596.
I declare under the penalty of perjury under the laws of the United
States ofAmerica that the foregoing is true and correct.
Executed on (date): 7/25/2019 ~;J Charles Cox

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AMENDED MOTION TO STRIKE OPPOSITION TO PETITION FOR WRIT OF CERTIORARI

  • 1. No. 18-1536 In the Supreme Court of the United States _______________ KIMBERLY COX Petitioner, v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, et al., Respondents. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit _______________ PETITIONER’S AMENDED MOTION TO STRIKE OPPOSITION BRIEF _______________ Kimberly Cox, Petitioner, in propria persona c/o Ronald H. Freshman, Law Office of Ronald H. Freshman 3040 Skycrest Dr. Fallbrook, CA 92028 (858) 756-8288 ronfreshman@gmail.com
  • 2. AMENDED MOTION TO STRilffil INTRODUCTION This Amended Motion to Strike supplements Petitioner Kimberly Cox's ("Ms. Cox") original Motion to Strike (the "Motion") dated July 23, 2019, in order to provide additional details, pertinent procedural and adjudicative facts, and additional argument for this Court to consider in making its decision to strike the impertinent and immaterial Opposition to her Petition for Writ of Certiorari (the "Petition") pursuant to Sup. Ct. R. 21.2(c). The Opposition to Petition for Writ of Certiorari purportedly submitted on behalf of or by "NEWREZ LLC f/k/a NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING ('NEWREZ'') and THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH By this motion, Ms. Cox does not waive objection or any other legal or constitutional right she may have to challenge unauthorized attempts by any other entity or purported entity to appear before this Court. 1
  • 3. TRUST 2005-02 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-02" ("BONYM as Trustee of Certificates") (collectively, the "Purported Entities") and includes a "Corporate Disclosure" under Sup. Ct. R. 29.6 (collectively "Opposition"). The Opposition was served and purportedly filed but had not been docketed as of the date of Ms. Cox's July 23, 2019 Motion. Since the filing of Ms. Cox's July 23, 2019 Motion it has been learned that the attorney who submitted the Opposition is not admitted to practice before this Court. It is a further and additional basis to strike the Opposition because it was filed by an attorney who is not admitted to practice before this Court. II.ARGUMENT A. The Purported Entities Lack Standing The Purported Entities named on the caption page of the Opposition and in the Corporate Disclosure purport that NEWREZ and BONYM as Trustee of Certificates have an interest in and are 2
  • 4. "Respondents" in the proceedings before this Court. The procedural history of the case for which review is sought involved exhaustive efforts by Ms. Cox to ascertain how the parties named in her action could possibly have any authority to seek a nonjudicial foreclosure based on the purported security and an obligation which had been rescinded under 15 U.S.C. § 1635(a) and any remaining claimed debt was subsequently discharged in her Chapter 7 proceedings when scheduled as unsecured. The Purported Entities lack standing to be heard in opposition to the Petition based on the following: 1. The Purported Entities named in the Opposition are not named as respondents 1n Ms. Cox's petition (see pg. iii thereof); 2. The Purported Entities named m the Opposition have failed to show or even allege, that they are real parties in interest under Fed. R. Civ. P. 17; 3. The Purported Entities were never sued or named as parties, defendants or appellees by Ms. 3
  • 5. Cox in any of her filings in the United States District Court for the Northern District of California (the "District Court") and the United States Court of Appeals for the Ninth Circuit (the "Court of Appeals") from which the Petition for Review emanates nor did the Purported Entities appear in the Chapter 7 case Ms. Cox filed 1n the United States Bankruptcy Court for the Northern District of California on November 12, 2010; 4. The Purported Entities have not shown that they are necessary parties under Fed. R. Civ. P. 19 requiring joinder nor are they entitled to permissive joinder under Fed. R. Civ. P. 20; 5. In the proceedings below, no issue of misjoinder of parties was raised under Fed. R. Civ. P. 21; 6. The Purported Entities never sought to intervene in the action pending on review under Fed. R. Civ. P. 24; 7. The Purported Entities do not assert grounds 4
  • 6. for substitution under Fed. R. Civ. P. 25 in the District Court or under Fed. R. App. P. 43 in the Court of Appeals and no substitution of parties has ever been filed in this case at any level or in any related proceeding; 8. The Opposition failed to challenge Ms. Cox's identification of each party and respondent named in pg. iii of the Petition for Writ of Certiorari ("Petition"), which does not name the Purported Entities identified in the Opposition, as a misstatement pursuant to Supreme Court Rule 15.2; 9. The parties identified as respondents in the action sought to be reviewed were identified by Ms. Cox in the District Court and Court ofAppeals as: "OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING; THE BANK OF NEW YORK MELLON CORPORATION AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF CWMBS INC CHL MORTGAGE PASS- THROUGH TRUST 2005-02 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-02; and 5
  • 7. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC." 10. Specifically, as to the Purported Entities attempting to appear before this Court, Ms. Cox identified the parties in the proceedings below (see, pg. iii of the Petition) as: Old Republic National Title Insurance Company2; New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing ("NewPenn"); The Bank of New York Mellon Corporation as Trustee for the Certificateholders of CWMBS CHL Mortgage Pass-Through Trust 2005-2; and Mortgage Electronic Registration Systems, Inc.a 11. The Purported Entities attempt to appear as NEWREZ LLC flk/a NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING and THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL 2 Old Republic National Title Insurance Company has neither appeared nor waived its right to be heard in response to Ms. Cox's Petition. 3 Mortgage Electronic Registration Systems, Inc. has waived its opportunity to respond to the Petition. 6
  • 8. MORTGAGE PASS-THROUGH TRUST 2005-02 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-02; 12. The Purported Entities failed to demonstrate any legal authority to appear in opposition to the Petition in identities which were not designated by Ms. Cox in the proceedings below or identified as respondents in these proceedings; 13. There is a long-standing, nationwide issue of constitutional dimension affecting the Due Process Rights of millions of homeowners who have been dispossessed or are defending against judicial or nonjudicial foreclosure proceedings but who cannot exercise their defenses against foreclosures because they cannot identify the real parties in interest in the foreclosure proceedings; 14. Notwithstanding the timely and lawful rescission of the transaction the subject of this action, Ms. Cox has been denied her Due Process Rights to defend her property rights and interests by the systematic concealment of the true identity of any true "real-party-in-interest", if such were ever proven to exist; 15. The "real-party-in-interest," if any, has 7
  • 9. been hidden behind the veil of the electronic data base known as the MERS® System, which was owned and operated by the parent company of Mortgage Electronic Registration Systems, Inc. 16. An individual claiming to be "Assistant Secretary" of Mortgage Electronic Registration Systems, Inc. executed the attached Exhibit A, which falsely claims that Mortgage Electronic Regis- tration Systems, Inc. is the beneficiary of Ms. Cox's purported Deed of Trust ("DOT'') in its own name and right and not as nominee (limited agent) of the purported "Lender" which was the nonexistent entity, America's Wholesale Lender ("AWL") 4• 17. Under California Law, the beneficiary of the Deed of Trust must be the party entitled to payment on the indebtedness secured by the Deed of Trust and Mortgage Electronic Registration Systems, Inc. has publicly admitted that it does not hold any Notes and is not entitled to payments on any Notes secured by Mortgages or Deeds ofTrust in which it appears as nominee for the entity identified as the purported "Lender" at the following URL: 4 America's Wholesale Lender was a trade name for Countrywide Home Loans, Inc. and never existed as a de jure entity. 8
  • 10. https://www.mersinc.org/about-us/faq on January 15, 2015. (See Declaration of Wendy Alison Nora and attached Exhibit B.) 18. Since the admissions of the MERS® System were retrieved on January 15, 2019, the admissions preserved as Exhibit B have been removed from the website of MERSCORP Holdings, Inc., the parent company of Mortgage Electronic Registration Systems, Inc., at https://www.mersinc.org (See Exhibit C). 19. It is undisputed that Ms. Cox timely rescinded the subject transaction in 2007 under 15 U.S.C. sec. 1635(a). 20. The individual claiming to be "Assistant Secretary" of Mortgage Electronic Registration Systems, Inc. recorded a false assignment of the rescinded Deed of Trust purportedly assigning it to BONYM as Trustee for Certificates on December 7, 2009 ("Assignment") which Ms. Cox consistently attempted to challenge below. B. The Corporate Disclosure The Corporate Disclosure included in the Opposition is incomplete and materially misleading. 9
  • 11. The Corporate Disclosure was purportedly filed pursuant to Sup. Ct., R. 29.6. However, the Corporate Disclosure is incomplete and materially misleading in the following particulars: 1. Notwithstanding that neither NEWREZ nor BONYM as Trustee of Certificates are named respondents in Ms. Cox's Petition, the proffered name for NEWREZ, "Shellpoint Mortgage Servicing", is a purported fictitious business name for NEW PENN FINANCIAL, LLC (NEW PENN), one of the respondents identified as a party in the proceedings below that was named in the Petition. 2. Shellpoint Mortgage Servicing 1s not a corporation, limited liability company or limited liability partnership, but is a name under which NEW PENN has purported to do business in California. 3. Shellpoint Mortgage Servicing was not lawfully registered as required by the California Business and Professions Code (BPC) at BPC sec. 17900, et seq., specifically at BPC secs. 17913-17917. 4. The interest of the entities identified as 10
  • 12. Shellpoint Partners, LLC and New Residential Investment Corp. were never disclosed in the proceedings below. 5. If Ms. Cox's identification of NEW PENN was erroneous, NEW PENN did not address the mistaken identification of NEW PENN in the proceedings below. 6. Until the Petition was filed, NEW PENN proceeded in the identity designated by Ms. Cox. 7. As a matter of law, BONYM cannot be a Trustee for Certificates because certificates cannot be beneficiaries of a trust. 8. BONYM as Trustee for Certificates cannot be a subsidiary of Bank of New York Mellon Corporation because certificates are not de jure entities which have trustees or parent companies.5 9. Ms. Cox identified the CHL Mortgage-Backed Trust 2005-2 as the entity for which Bank of New 5 Although it never made an appearance in this action, Ms. Cox provided evidence from The Bank of New York Mellon Corporation in which it denied being the trustee for the purported trust. 11
  • 13. York Mellon Corporation was Trustee. 10. If the identification of Bank of New York Mellon Corporation was an error by the Ms. Cox, it was not addressed as an error in the proceedings below, which proceeded in the identity designated by Ms. Cox. 11. Ms. Cox was denied her constitutional Due Process Rights to be heard in the action below in order to ascertain the de jure entity which was seeking to exercise the remedy of nonjudicial foreclosure against her real estate after rescission of the purported debt and discharge of any purported obligation thereto in Chapter 7 in violation of her Due Process Rights under the Fifth and Fourteenth Amendments to the United States Constitution. 12. The Purported Entities should not be allowed to appear before this Court with different identities than those involved in the proceedings below without establishing themselves as true de jure entities and establishing the basis for their claimed standing to appear before this Court in 12
  • 14. opposition to the Petition. 13. Because Ms. Cox learned that the attorney representing the Purported Entities in the filing of the Opposition is not admitted to practice before this Court. 14. Because the Opposition was submitted not only on behalf of parties lacking standing to appear, but by an attorney not admitted to practice in this Court, the Opposition to Ms. Cox's Petition should not be filed. III. CONCLUSION Neither NEWREZ nor BONYM have established any legal, equitable or contractual authority upon which to base their claimed standing to proceed before this Court which deprives this Court of jurisdiction to consider the Opposition under Article Three, Section 2 of the United States Constitution. Moreover, the Opposition has not been submitted by an attorney admitted practice before this Court. Therefore, for the reasons and upon the grounds stated and referenced herein, Ms. Cox respectfully 13
  • 15. requests the Court grant this Motion, refuse to docket the Qpposition and disregard the Opposition in its entirety. Date: July 25, 2019 Kimberly Cofu!jrO per Ms. Cox has been assisted by the undersigned in the preparation of this Amended Motion to Strike the Opposition of NEWREZ, LLC and BONYM as Trustee for Certificates. AN IMAGE OF THE SIGNATURE BELOW SHALL HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL ~w~Y~~~ 310 Fourth Ave. S., #5010 Minneapolis Minnesota 55415 Phone: (612) 333-4144 Email: accesslegalservices@gmail.com a member of the bar of this Court. 14
  • 16. DECLARATION OF WENDY ALISON NORA Wendy Alison Nora declares under penalty of perjury of the laws of the United States of America pursuant to 28 U.S.C. sec. 1746 of her own personal knowledge that Exhibits A, B, and C attached hereto are true and correct copies of what they purport to be. Exhibit A is a certified copy of the Substitution of Trustee and Assignment of Deed of Trust obtained by Ms. Cox from the Santa Cruz County, California Recorder. Exhibit B is a true copy of the admission of MERSCORP Holdings, Inc. at the following URL: https://www.mersinc.org/about-us/faq which she retrieved on January 15, 2015 in HTML format. She converted the resulting HTML document to PDF format for preservation. On July 25, 2019, she visited the URL described above and found that the public admission has been removed form the website of MERSCORP Holding, Inc. She created Exhibit C by converting the result 15
  • 17. of attempting to connect to the URL from HTML to PDF format. Dated at Madison, Wisconsin this 25th day of July, 2019. 16
  • 19. RECORDING REQUESTED BY: RECONTRUSTCOMPANY 2009-0056700 12/07/2009 01 :58:00 Pl'I OFFICIALs::~o~~f d~e1:·~!~0~~ Coun~y RECORDXNG FEE: $24.00 COUNTY TAX: $0.00 CXTV TAX: $0.00 AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENTS TO: RECONTRUSTCOMPANY 1800 Tapo Canyon Rd., CA6-914-0l-94 SIMI VALLEY, CA 93063 IUH1111~1 I~ ~I H~ IIE~l 11le111111~T:RC013!5 ATrN: Dolores Romo-Carabajal TS No. 09-0167053 SUBSTITUTION OF TRUSTEE AND ASSIGNMENT OF DEED OF TRUST The undersigned MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., (hereinafter referred to as Beneficiary) is the Beneficiary ofthat certain Deed of Trust dated 12110/2004, executed by KIMBERLY COX, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, Trustor, to CTC REAL ESTATE SERVICES. as Trustee, and recorded as Instrument No. 2004-0089505 on 12121/2004, ofOfficial Records in the County Recorder's Office ofSANTA CRUZ County. California. NOW THEREFORE, Beneficiary hereby substitutes RECONTRUST COMPANY, N.A., WHOSE ADDRESS lS: 1800 Tapo Canyon Rd., CA6-914-0l-94, SIMI VALLEY. CA 93063, as Trustee under said Deed ofTrust herein referred to, in the place and stead of and with all rights, title, powers, and interest ofthe former trustee described above. FOR VALUE RECEIVED. the undersigned hereby grants, assigns. conveys and transfers to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS CWMBS. JNC. CHL MORTGAGE PASS-THROUGH TRUST2005-2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 all beneficial interest under that certain Deed ofTrust described above. Said described land: "As more fully described in the above referenced Deed ofTrust.." Together with the note or notes therein described or referred to, the money due and to become due thereon with the interest. and all rights accrued or to accrue under said Deed ofTrust. DATED: November 13, 2009 State of: ___ CAU __ FO_RNIA ___ County of: VENTURA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) BY=---~--- ..............'..... 1"'--M-------u .......... rvh~...._--­ > Abraham Bartamian, Assistant Secretary orN_QY....!!J!~.J~~{q~..ID~~IA"N .JANET L KOCH • notary public, personally appeared __- _ _ _ ·...,..- ABfVHAM._,.... _ _ _BAR ______________. who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Jaws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Form subasgnmnt (01109) .: .. ~ 1"1.,.,. .-...-. . . ' .
  • 20. THIS IS TO CERTIFY THAT IF BEARING THE SEAL OF THE COUNTY RECORDER OF SANTA CRUZ COUNTY CALIFORNIA T~IS IS A. CORRECT COPY OF ADOCUMENT FILED RECORDED IN THE RECORDS OF SANTA CRUZ COUNTY. CALIFORNIA. . SEAN SALDAVIA COUNTY RECORDER ~~ DATE JAN3 12011
  • 22. Search... Home I Contact Us I Privacy Policy I Site Map 1;1gw if:;,_ :- - - - - - ·-- - -- - - - ·-- ·-- About Us I Information for Homeowners I Neighborhood Benefits I Join MERS9 I Media Room AbOllt Us e>- Our Business • Corporate Officers e- Board of Directors Shareholders • FAQ Contact Us C> careers Member Search 0- Payment Options FAQ • Whal IS MERSCORP Holdings' • What is MERS? • What 1s the MERS" Sys1em? • Are MERS loans recorded in the public land records? • How docs MERS become a mortgagee? • What does "MERS as original mortgagee" mean lo borrowers? • Does MERS collect mortgage payments from borrowers? • What does MERS do for lenders? • Does MERS have the documer11s fo r l oa ns reg1S1ered on the MERS• System? • How docs MERS benefit borrowers? • Docs MERS hide the mortcanc note owner? • Hav111c trouble finding information on our website? Contact Us. What is MERSCORP Holdings? MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS• System a nd a ll other MERS• products. It ls a member-based organiza tion made up of thousands of lenders, servicers, su b-servicers, investors ilnd eovernmcnt i ns titutions. What is MERS? Mortgage Electronic Regisiration Systems, Inc. (MERS) is a wholl y-owned subsidiary of MERSCORP Holdings, and It> sol e purpose is 10 serve as mortgagee in the la nd records for loans regi stered on the MERS• System and MERS" Commcretal. MERS is a nominee ror the lender and subseque nr buyers ("'bene ficial 01i.vners") of a mortgage loan and serves as a common agent for th e mortgage industry What is the MERS®System? The MERS• System is a national el ectronic da tabase that tracks changes in mortgage se1V1cing rights and beneficial ownership interests in loans secured by residential real estate. Are MERS loans recorded in the public land records? All MERS mortgages (or deeds of trust) registered on the MERS• Syste m are recorded in 1he public land records. The MERS• System is not a system of public record nor a replacement for 1he public land records. No interests In those mortgages lor deeds of trust) are transferred on the MERS• System; they are onl y tracked. How does MERS become a mortgagee or beneficiary? There are two ways. At dosing, the borrower and l ender both agree to standard language in the security instrument making MERS the ong1nal mortgagee or beneficiary, with the right to act on behalf of the lender and its succe ssors an d assigns. The standard language 1s approved and used by Fannie Mae, Freddie Mac, Ginnie Mae, the Federal Housing Administra11on (FHA) and the Veterans Admin1s1ration (VA). If MERS was not named as the original mortgagee on the secuntyinstrument,a lender can record an assignment of the mortgage to MERS afterclo~ing . What does "MERS as original mortgagee" mean to borrowers? MERS' role and rights are clearly spe l led out 1n the contract between borrower and lender. When borrowers sign the mortgage secunty Instrument at closing, they agree to standa rd l anguage that grants and conveys legal title of the mortgage to MERS as mortgagee, giving the com pany the right to act on behalf of the cu rrent and subsequent owners of the loan. Does MERS collect mortgage payments from borrowers?
  • 23. Home ••v• ,.,..,..,..,, •t•._.,.,_....,..,,.,,, ••v• ...• 11 b"' v• .,•• ...,. ,••...,....,... .,,,,.......... ,......,. ............ , ., ..,.. ,,,...,,,b.,.b... ~• •• 1 ""'"'b"'Co""" , .... ,..,... ... ,.,,, v• ..,...,..... , ""...,'"'b""D- servicing companies, collect payments from borrowers and manage their loans. Borrowers who have questions about their loans, or who need help with foreclosure prevention, should contact the company they send their payments to- not MERS orMERSCORP Holdings. What does MERS do for lenders? As the mortgagee of record, MERS receives service of process, legal notices and other mail regarding the mortgaged properties. MERSCORP Holdings, Inc., on beha If of MERS, sorts, scans and transmits documents electronically to the appropriate member. Because MERS is a common agent for its members, recording an assignment of the mortgage is eliminated when ownership of the promissory note or servicing rights transfer between members. This reduces work and cost. The MERS• System also provides information on undisclosed liens, which reduces fraud. Does MERS have the documents for loans registered on the MERS® System? No. MERS, MERSCORP Holdings or the MERS• System are not document custodians and do not hold promissory notes or mortgage documents on behalf of lenders, servicers or investors. We are not responsible for keeping mortgage records-the servicer maintains the loan files. How does MERS benefit borrowers? MERS as original mortgagee eliminates breaks in the chain of title, resulting in less work and lowerfees paid by the lender-fees that would ultimately be passed down to the homeowner. MERSCORP Holdings, Inc. provides access to data in the MERS• System free of charge to homeowners, county officials, and regulatory officials (subject to privacy restrictions). Homeowners can access the data on their mortgage loans registered on the MERs• System through MERS• Servicer ID online or by phone at 1-888·679·6377. Does MERS hide the mortgage note owner? No. All MERS mortgages (or deeds of trust) registered on the MERS• System are recorded in the public land records. The MERS0 System is not a system of public record nor a replacement for the public land records. No interests in those mortgages (or deeds of trust) are transferred on the MERS• Sys tern; they are only tra eked. Contact Us ·Privacy Policy Site Map Member Login Copyright~ 2013 by MERSCORP Holdings, Inc. 1-~0().646-MERS (63n). Other products orcompanynames are or maybe trademarks or-registered trademarlcs and are the properrvofthelrrespectiVe holders.
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  • 26. CERTIFICATE OF SERVICE Pursuant to S.Ct. R., 29, I, Charles Cox, am not a party to this action and I am over 18 years old. I hereby certify that on July 25, 2019, I personally caused copies of PETITIONER'S AMENDED MOTION TO STRIKE OPPOSITION BRIEF to be served, by placing copies in envelopes addressed to each person listed below by prepaid, first-class U.S. Mail. Old Republic National Title Insurance Company, C/O John Christopher Steele & Namson Pham, Zieve, Brodnax & Steele, LLP, 30 Corporate Park, Suite 450, Irvine, CA 92606, (714) 848-7920; New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, C/O Ben Mohandesi & Jordan Seungjin Yu, Yu Mohandesi LLP, 633 West Fifth St., Suite 2800, Los Angeles, CA 90071, (213) 377-5505; The Bank of New York Mellon Corporation f/k/a The Bank of New York Company, Inc., As Trustee for the Certificate Holders of WMBS Inc - CHL Mortgage Passthrough Trust 2005-02, C/O CT Corporation System 818 W Seventh St., 2nd FL, Los Angeles, CA 90017 (as an unrepresented party who failed to appear) (213) 627-8252; and Mortgage Electronic Registration Systems, Inc. C/O Elizabeth Holt Andrews & Jan T. Chilton, Severson & Werson APC, One Embarcadero Center, San Francisco, CA 94111, (415) 677-5596. I declare under the penalty of perjury under the laws of the United States ofAmerica that the foregoing is true and correct. Executed on (date): 7/25/2019 ~;J Charles Cox