This document is an amended motion to strike an opposition brief filed in the Supreme Court of the United States. The petitioner, Kimberly Cox, argues that the opposition brief should be stricken for several reasons, including that the entities filing the opposition, NewRez LLC and The Bank of New York Mellon, lack standing because they were not named as respondents in the petition and were not involved in the underlying legal proceedings. Cox also argues that the corporate disclosure filed with the opposition is incomplete and misleading. The motion provides detailed arguments supporting Cox's position that the opposition brief should be stricken from the record.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This order grants various defendants' motions to dismiss a relator's amended complaint alleging violations of the Indiana False Claims and Whistleblower Protection Act. The court finds that it lacks subject matter jurisdiction over the relator's claims under the public disclosure bar of the act because the allegations are based on information disclosed in responses to the relator's public records requests, which qualify as "reports" under the act. The court also finds that the relator has not established that he has direct and independent knowledge of the information independent of the public disclosures. Therefore, the relator's claims are dismissed.
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
This document summarizes a court case, In re Bataa/Kierland, LLC, that examines the court's power to disqualify votes on chapter 11 reorganization plans under section 1126(e) of the Bankruptcy Code. The court provided an in-depth analysis of the historical context and legislative intent behind section 1126(e), which was meant to allow courts to override votes made in bad faith. However, more recent cases like Figter have defined bad faith very narrowly, focusing only on obvious fraud rather than votes made to serve ulterior motives beyond self-interest. As a result, creditors now have more flexibility to purchase claims in other classes to manipulate votes, so long as there is no overt
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This order grants various defendants' motions to dismiss a relator's amended complaint alleging violations of the Indiana False Claims and Whistleblower Protection Act. The court finds that it lacks subject matter jurisdiction over the relator's claims under the public disclosure bar of the act because the allegations are based on information disclosed in responses to the relator's public records requests, which qualify as "reports" under the act. The court also finds that the relator has not established that he has direct and independent knowledge of the information independent of the public disclosures. Therefore, the relator's claims are dismissed.
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
This document summarizes a court case, In re Bataa/Kierland, LLC, that examines the court's power to disqualify votes on chapter 11 reorganization plans under section 1126(e) of the Bankruptcy Code. The court provided an in-depth analysis of the historical context and legislative intent behind section 1126(e), which was meant to allow courts to override votes made in bad faith. However, more recent cases like Figter have defined bad faith very narrowly, focusing only on obvious fraud rather than votes made to serve ulterior motives beyond self-interest. As a result, creditors now have more flexibility to purchase claims in other classes to manipulate votes, so long as there is no overt
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
This letter requests a pre-motion conference regarding an anticipated motion to dismiss an amended complaint filed against Digicel Haiti. It summarizes that the amended complaint should be dismissed for failing to meet pleading standards under FRCP 8(a), 9(b), and 12(b)(6), and based on the act-of-state doctrine and forum non conveniens. Specifically, the letter argues that the amended complaint does not provide a short, plain statement of claims, engages in impermissible group pleading, lacks specific allegations of fraud, and requires invalidating acts of the Haitian government.
This motion seeks to disqualify the law firm Wilson & Varner and attorney Rodney Varner from representing David Nance in litigation against the debtors Introgen Therapeutics, Inc. and Introgen Technical Services, Inc. Varner previously served as general counsel for the debtors from 1993 to 2009. The debtors have filed an adversary proceeding against Nance alleging fraudulent transfers and other claims. Wilson & Varner is now representing Nance in that proceeding and in related bankruptcy matters. The motion argues that Varner's prior representation of the debtors is substantially related to the current matters, and there is a risk that confidential information may be disclosed, in violation of ethical rules regarding conflicts of interest with former clients. The
The Supreme Court of Kansas heard a case regarding the constitutionality of a Kansas statute that caps noneconomic damages in medical malpractice cases at $250,000. The Court upheld the statute as constitutional, finding that: (1) the statute and broader medical malpractice legislation further a valid public interest in promoting public welfare and healthcare availability; and (2) the legislature substituted an adequate statutory remedy for any modification of common law rights. The Court also rejected claims that the statute violated separation of powers, equal protection, or other constitutional provisions. While the cap limits damages awards, the Court found it did not prevent reasonable compensation or obstruct the right to a jury trial.
This document is an order from a United States District Court regarding motions to dismiss filed by defendants Darren Chaker and Nicole Chaker in a civil RICO lawsuit brought by plaintiffs Scott McMillan and The McMillan Law Firm. The order summarizes the allegations in the plaintiffs' amended complaint, which claims the defendants engaged in a pattern of extortion, harassment, and other unlawful acts as part of a RICO enterprise. The order analyzes the defendants' motions to dismiss under Rule 12(b)(6), considering whether the plaintiffs have adequately alleged predicate acts of racketeering, cognizable damages, and other elements of RICO and state law claims.
York County, Virginia General District Court Filing Traffic CourtChuck Thompson
http://www.gloucestercounty-va.com Posted for a story posted on the linked website dated April 22nd, 2015. Shows how the court ignored the rules of the court and railroaded a person who was fraudulently charged in our opinion.
The panel affirmed the ruling that a $350,000 arbitration debt was nondischargeable in bankruptcy. It held that the creditor's challenge was timely because the debtor did not adequately identify the debt in his bankruptcy schedules. The debtor listed the debt incorrectly and provided inaccurate details. It also held that the creditor's former lawyer's knowledge of the bankruptcy filing could not be imputed to the creditor, as the lawyer learned of it while representing a different client and no longer represented the creditor regarding that specific debt.
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Without wasting too much ink (and time) discussing how the October 2015 Visa Bulletin was transformed by the Department of State (DOS) when it was originally released on September 9th, 2015, and how the Priority Dates (PD) were revised only four (4) days before its effective date, this article seeks to analyze the very important question of whether the Plaintiffs in the Class Action Lawsuit can obtain Injunctive Relief from the United States District Court for the Western District of Washington in Seattle.
Doc723 motion to vacate claims & stay further proceedingmalp2009
The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
Plaintiff Phillip Lee Walters filed a motion to remand a negligence lawsuit back to state court that was removed to federal court by defendants Samuel Patterson and Keen Transport based on diversity jurisdiction. The plaintiff argues that removal was improper because the defendants did not establish that the amount in controversy exceeds $75,000, as is required for diversity jurisdiction. The plaintiff notes that the complaint does not specify a damages amount and contends that the defendants rely only on unsupported assumptions to claim the threshold is met rather than providing evidence, as is required. The plaintiff requests that the case be remanded back to state court due to lack of federal jurisdiction.
This document summarizes the key aspects of the False Claims Act from the perspective of a relator initiating an FCA action. It begins with a brief history of the FCA and its origins during the Civil War. It then outlines the structure of an FCA case, brought as a partnership between private whistleblowers and the government. The rest of the document details the benefits and risks to the government and relators, who can be a relator, what constitutes a violation of the FCA, damages, and other procedural elements like the statute of limitations. It also provides numerous examples of FCA cases related to procurement fraud.
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Plaintiffs Debra Lashaway and Phillip Kaplan filed a class action lawsuit against several websites that publish mugshots without consent. The lawsuit alleges that the defendants violated Ohio's right of publicity law by using the plaintiffs' mugshots and names to promote and sell their mugshot removal services without permission. The plaintiffs seek damages, injunctive relief, and attorney's fees on behalf of themselves and over 259,000 other individuals whose mugshots have been published without consent.
Ms. Randolph is appealing her conviction and sentence. She filed an emergency motion for release pending appeal after the district court denied her request. She argues that she meets the criteria for release: (1) she does not pose a risk of flight or danger; and (2) her appeal raises substantial questions that could result in reversal or a new trial. Specifically, she cites issues with the sufficiency of evidence, discovery violations, and errors in the government's billing spreadsheets presented at trial. She requests that the court grant her release pending resolution of her appeal.
Western Union requests a pre-motion conference regarding its contemplated motion to dismiss plaintiffs' amended complaint with prejudice. The letter argues that (1) the case should be dismissed on forum non conveniens grounds because Haiti has the greatest interest and essential witnesses/documents; (2) the act-of-state doctrine bars inquiry into a fee levied by Haiti; and (3) plaintiffs fail to meet pleading standards of Rules 8(a), 9(b), and 12(b)(6). Western Union asserts Haiti is an adequate alternative forum and the public/private interest factors favor dismissal there. The letter also argues plaintiffs' fraud claims lack required particularity and fail to state a claim against Western Union.
Alicias, Jr. v. Baclig, A.C. No. 9919, July 19, 2017, 813 PHIL 893-900.pdfElleAlamo
The Supreme Court ruled that while the lawyer, Atty. Baclig, could not be faulted for consenting to assertions made by his clients in an amended complaint, he was guilty of forum shopping. There was an existing case regarding the same subject property filed by his clients against the complainant in the Municipal Trial Court. However, while that case was pending, Atty. Baclig consented to the filing of another complaint in the Regional Trial Court seeking similar relief. This amounted to forum shopping. As a former judge, Atty. Baclig should have been mindful to observe the proper tenets of the legal profession and not engage in actions that undermine the administration of justice, such as forum shopping. The Court found Atty
This document is an objection filed by the United States Trustee to motions filed by Petitioning Creditors and Alleged Debtors to seal certain documents filed with the court. The U.S. Trustee does not oppose sealing documents pending a ruling on whether the bankruptcy cases will proceed, but argues that any sealing should end if the court finds cause to open bankruptcy cases, as the information would then become public. The U.S. Trustee asserts that bankruptcy law favors public disclosure of information relevant to creditors and parties in interest.
Against Gun Control Essay. Persuasive essay on anti gun control - mfacourses8...Finni Rice
Cereal was developed in the United States as a processed grain breakfast item. An early version was created in 1830 by Dr. Sylvester Graham using whole wheat flour, and the first modern cereal was produced in the 1860s by Dr. James Jackson under the name "granula". Mass production of breakfast cereal began in the late 19th century under John Harvey Kellogg, who manufactured the first flaked cereal grains and founded one of the first major cereal companies.
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The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
This letter requests a pre-motion conference regarding an anticipated motion to dismiss an amended complaint filed against Digicel Haiti. It summarizes that the amended complaint should be dismissed for failing to meet pleading standards under FRCP 8(a), 9(b), and 12(b)(6), and based on the act-of-state doctrine and forum non conveniens. Specifically, the letter argues that the amended complaint does not provide a short, plain statement of claims, engages in impermissible group pleading, lacks specific allegations of fraud, and requires invalidating acts of the Haitian government.
This motion seeks to disqualify the law firm Wilson & Varner and attorney Rodney Varner from representing David Nance in litigation against the debtors Introgen Therapeutics, Inc. and Introgen Technical Services, Inc. Varner previously served as general counsel for the debtors from 1993 to 2009. The debtors have filed an adversary proceeding against Nance alleging fraudulent transfers and other claims. Wilson & Varner is now representing Nance in that proceeding and in related bankruptcy matters. The motion argues that Varner's prior representation of the debtors is substantially related to the current matters, and there is a risk that confidential information may be disclosed, in violation of ethical rules regarding conflicts of interest with former clients. The
The Supreme Court of Kansas heard a case regarding the constitutionality of a Kansas statute that caps noneconomic damages in medical malpractice cases at $250,000. The Court upheld the statute as constitutional, finding that: (1) the statute and broader medical malpractice legislation further a valid public interest in promoting public welfare and healthcare availability; and (2) the legislature substituted an adequate statutory remedy for any modification of common law rights. The Court also rejected claims that the statute violated separation of powers, equal protection, or other constitutional provisions. While the cap limits damages awards, the Court found it did not prevent reasonable compensation or obstruct the right to a jury trial.
This document is an order from a United States District Court regarding motions to dismiss filed by defendants Darren Chaker and Nicole Chaker in a civil RICO lawsuit brought by plaintiffs Scott McMillan and The McMillan Law Firm. The order summarizes the allegations in the plaintiffs' amended complaint, which claims the defendants engaged in a pattern of extortion, harassment, and other unlawful acts as part of a RICO enterprise. The order analyzes the defendants' motions to dismiss under Rule 12(b)(6), considering whether the plaintiffs have adequately alleged predicate acts of racketeering, cognizable damages, and other elements of RICO and state law claims.
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http://www.gloucestercounty-va.com Posted for a story posted on the linked website dated April 22nd, 2015. Shows how the court ignored the rules of the court and railroaded a person who was fraudulently charged in our opinion.
The panel affirmed the ruling that a $350,000 arbitration debt was nondischargeable in bankruptcy. It held that the creditor's challenge was timely because the debtor did not adequately identify the debt in his bankruptcy schedules. The debtor listed the debt incorrectly and provided inaccurate details. It also held that the creditor's former lawyer's knowledge of the bankruptcy filing could not be imputed to the creditor, as the lawyer learned of it while representing a different client and no longer represented the creditor regarding that specific debt.
Petition In intervention to the Supreme Court of the Philippines on Marriage ...Crescencio Agbayani
This document is a petition-in-intervention filed with the Supreme Court of the Philippines challenging provisions of the Family Code that define marriage as only between a man and a woman. The petition is filed by an LGBT Christian church and three individuals, including a gay couple who were denied a marriage license. The petition argues that the relevant Family Code provisions violate constitutional rights to equal protection and the right to found a family according to one's religious convictions. It seeks to have those Family Code provisions declared unconstitutional.
Without wasting too much ink (and time) discussing how the October 2015 Visa Bulletin was transformed by the Department of State (DOS) when it was originally released on September 9th, 2015, and how the Priority Dates (PD) were revised only four (4) days before its effective date, this article seeks to analyze the very important question of whether the Plaintiffs in the Class Action Lawsuit can obtain Injunctive Relief from the United States District Court for the Western District of Washington in Seattle.
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The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
Plaintiff Phillip Lee Walters filed a motion to remand a negligence lawsuit back to state court that was removed to federal court by defendants Samuel Patterson and Keen Transport based on diversity jurisdiction. The plaintiff argues that removal was improper because the defendants did not establish that the amount in controversy exceeds $75,000, as is required for diversity jurisdiction. The plaintiff notes that the complaint does not specify a damages amount and contends that the defendants rely only on unsupported assumptions to claim the threshold is met rather than providing evidence, as is required. The plaintiff requests that the case be remanded back to state court due to lack of federal jurisdiction.
This document summarizes the key aspects of the False Claims Act from the perspective of a relator initiating an FCA action. It begins with a brief history of the FCA and its origins during the Civil War. It then outlines the structure of an FCA case, brought as a partnership between private whistleblowers and the government. The rest of the document details the benefits and risks to the government and relators, who can be a relator, what constitutes a violation of the FCA, damages, and other procedural elements like the statute of limitations. It also provides numerous examples of FCA cases related to procurement fraud.
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Plaintiffs Debra Lashaway and Phillip Kaplan filed a class action lawsuit against several websites that publish mugshots without consent. The lawsuit alleges that the defendants violated Ohio's right of publicity law by using the plaintiffs' mugshots and names to promote and sell their mugshot removal services without permission. The plaintiffs seek damages, injunctive relief, and attorney's fees on behalf of themselves and over 259,000 other individuals whose mugshots have been published without consent.
Ms. Randolph is appealing her conviction and sentence. She filed an emergency motion for release pending appeal after the district court denied her request. She argues that she meets the criteria for release: (1) she does not pose a risk of flight or danger; and (2) her appeal raises substantial questions that could result in reversal or a new trial. Specifically, she cites issues with the sufficiency of evidence, discovery violations, and errors in the government's billing spreadsheets presented at trial. She requests that the court grant her release pending resolution of her appeal.
Western Union requests a pre-motion conference regarding its contemplated motion to dismiss plaintiffs' amended complaint with prejudice. The letter argues that (1) the case should be dismissed on forum non conveniens grounds because Haiti has the greatest interest and essential witnesses/documents; (2) the act-of-state doctrine bars inquiry into a fee levied by Haiti; and (3) plaintiffs fail to meet pleading standards of Rules 8(a), 9(b), and 12(b)(6). Western Union asserts Haiti is an adequate alternative forum and the public/private interest factors favor dismissal there. The letter also argues plaintiffs' fraud claims lack required particularity and fail to state a claim against Western Union.
Alicias, Jr. v. Baclig, A.C. No. 9919, July 19, 2017, 813 PHIL 893-900.pdfElleAlamo
The Supreme Court ruled that while the lawyer, Atty. Baclig, could not be faulted for consenting to assertions made by his clients in an amended complaint, he was guilty of forum shopping. There was an existing case regarding the same subject property filed by his clients against the complainant in the Municipal Trial Court. However, while that case was pending, Atty. Baclig consented to the filing of another complaint in the Regional Trial Court seeking similar relief. This amounted to forum shopping. As a former judge, Atty. Baclig should have been mindful to observe the proper tenets of the legal profession and not engage in actions that undermine the administration of justice, such as forum shopping. The Court found Atty
This document is an objection filed by the United States Trustee to motions filed by Petitioning Creditors and Alleged Debtors to seal certain documents filed with the court. The U.S. Trustee does not oppose sealing documents pending a ruling on whether the bankruptcy cases will proceed, but argues that any sealing should end if the court finds cause to open bankruptcy cases, as the information would then become public. The U.S. Trustee asserts that bankruptcy law favors public disclosure of information relevant to creditors and parties in interest.
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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
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• 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?
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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.
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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