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CHRISTOPHER RIDGEWAY (SBN: 270673) MACALUSO AND ASSOCIATES, APC 2100 Palomar Airport Rd. Ste. 221 Carlsbad, Ca. 92011 760-448-1133 760-488-1134 (Facsimile) Attorney for Plaintiff SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN DIEGO


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NORTH COUNTY
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) Case No.: ) ) VERIFIED COMPLAINT Plaintiff, ) ) 1. TO QUIET TITLE vs. ) 2. CANCELLATION OF ) INSTRUMENT(Trustees Deed Upon Sale) AURORA LOAN SERVICES, LLC, JAMES ) 3. DECLARATORY AND TORTI, DANA TORTI, and DOES 1 through ) ) INJUNCTIVE RELIEF 10, inclusive, ) 4. TO SET ASIDE TRUSTEE SALE ) 5. ACCOUNTING Defendants, ) ) [Code Civ. Proc. 764.010 to 764.080] ) ) ) ) ) ) ) ) CHALLENGER, INC.

Plaintiff, CHALLENGER, INC., alleges as follows:


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OVERVIEW
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VERIFIED COMPLAINT - 1

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1. Defendant, Aurora Loan Services, LLC (Aurora) and DOES 1 through 10, inclusive, asserts a claim to Plaintiffs property. 2. However, the true and rightful owners are: JAMES TORTI AND DNA TORTI (Homeowners). 3. PLAINTIFF, a Wyoming Corporation, is ready, willing, and able, to pay all sums that may be owed to any trust deed holder or other party upon an accounting being provided as set forth in the Fifth Cause of Action below, and/or to restore the property to the true and rightful owners. THE PARTIES 2. At all times herein mentioned Plaintiff is the owner in residence and control of the

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formerly abandoned property, 1258 SKYROS WAY, ENCINITAS, CA. 92024 (PROPERTY). 3. Plaintiff is informed and believes and thereon alleges that the property was abandoned. The true owner of the property had left the property uncared for and in a total state of disarray. The property was representative of blight in the community. The Plaintiff, a Wyoming Corporation, wants to restore the Property to its rightful owners, or acquire the Property and has or will acquire possession through an Unlawful Detainer Proceeding, filed with this action. Adverse Possession (adverse possession is open and
notorious possession of property without the title holder taking steps to remove you for a stated period of time. In California, the Legislature has passed precise criteria for what must be done in order to have a claim of adverse possession and the law is found in the Civil Code at Section 325).

Plaintiff has or will clean up the property, arrange for a person in need of housing to

move in, make improvements, will or has paid the property taxes, and has or will maintain the Property. Plaintiff, has or will arrange for occupancy "open and notoriously" under the law. Accordingly, "California law does not require a plaintiff to bring an action to perfect his or her claim of adverse possession. Rather, it is the record owner--not the intruder--who must bring an action within five years after adverse possession commences in order to recover the property." (INSERT CASE NAME .26 C.A.4th 191.) Hence, plaintiff is under no obligation to bring an action to perfect his adverse possession claim. 4. Plaintiff is informed and believes and thereon alleges that for all relevant times herein,

VERIFIED COMPLAINT - 2

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Aurora Loan Services, was a loan servicing company for a wall street firm; Lehman Brothers (Lehman). Aurora went out of business in 2008. Thereafter, the principals allegedly formed a new company Aurora Bank FSB. However, both Aurora entities are a sham solely used to commit criminal fraud, to defraud homeowners out of their property. (See, www.4closurefraud.org; www.livinglies.wordpress.com). 5. Plaintiff is informed and believes and thereon alleges that at all relevant times alleged herein, and DOES 1 through 10,inclusive, had and has no capacity, legal standing, or right to bring any action concerning the Property, having purportedly assigned their Beneficial Ownership Interest to investors. (See, e.g. In Re Veal [insert citation].

The true names or capacities, whether individual, corporate, associate or otherwise, of the Defendants named in this Complaint as DOES 1 through 10, inclusive, are not known to Plaintiff who therefore sues said Defendants by such fictitious names under the provisions of Section 474 of the California Code of Civil Procedure. Plaintiff is informed and believes and thereon alleges that Defendant DOES 1 through 10, inclusive, are responsible and/or individually liable for the occurrences alleged herein, and that any damages sustained by Plaintiff were and are the direct and proximate result of the actions of Defendants and each of them. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

6. Plaintiff is informed and believes and thereon alleges that, for all times herein alleged, Defendants and DOE Defendants, and each of them, were and now are the agents, fiduciaries, servants, co-conspirators, and/or employees of one or more of the remaining Defendant(s) and, in doing the things alleged herein, were acting in the course and scope of their authority and/or employment and the agents, fiduciaries, servants, co-conspirators and/or employees of each of them, unless otherwise alleged. Accordingly, the acts complained herein of these Defendants were carried out with the knowledge, consent, authorization and/or ratification of each of them, unless otherwise alleged. JURISDICTION AND VENUE

VERIFIED COMPLAINT - 3

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7. Jurisdiction and venue are proper in this Court in that the action concerns the real property located at 1258 Skyros Way, Encinitas, Ca. 92024. THE FRAUDULENT LOAN, FORECLOSURE, AND EVICTION Attached as Exhibit A is a true and correct copy of a Property Profile setting forth the chain of title from the time Homeowners obtained a loan that was securitized and provided to them through fraud.

On or about, August 29, 2003, Homeowners executed a first trust deed for $650,000 to Indymac Bank, FSB, now also out of business which was recorded as Document #2003-1059762.

On or about August 29, 2003, Homeowners executed a second trust deed for $83,300 to Iberia Enterprises Inc., also now out of business which was recorded as Document #2003-10597763.

As is typical, the Homeowners were given loans with illegal fees and which the lenders knew they could not repay.

The Property was then refinanced many times by various entities set up to defraud Homeowners until 2006, when the infamous Countrywide Bank, now also out of business provided an illegal loan.

On or about October 22, 2008, a foreclosure was commenced by filing a Notice of Default by Aurora Loan Services which had not right to do so and was a complete stranger to the transaction. Recorded as Document #2008-0550819.

The trustee sale was delayed for several years finally resulting on or about April 1, 2011 in a Trustees Deed being conveyed to Aurora which legally does not exist. The trustees deed was recorded as Document #2011-0167724 in the records of the San Diego County Recorder and this is the key deed which Plaintiff seeks to have determined null and void.

Thereafter, a now suspended attorney, David Endres, filed an eviction action to unlawfully evict the Homeowners.

VERIFIED COMPLAINT - 4

FIRST CAUSE OF ACTION


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(Quiet Title) 8. Plaintiff re-alleges and incorporates by reference each and every allegation in paragraphs 1 through of this Complaint as though set forth in full herein. 9. The real property that is the subject of this action is located in San Diego County, California, is commonly known a 1258 Skyros Way, Encinitas, CA. APN: 254-411-3800.

10. Plaintiff is the owner in possession and control of the real property and improvements located at . APN#. 11. Defendant claims an interest adverse to plaintiffs alleged title in the real property. These claims are without any right and defendants have no right, title, estate, lien, or interest in the real property. 12. Plaintiff seeks a determination of his title in this action as of August 29, 2003 when the Homeowners were defrauded and a trust deed recorded illegally.

SECOND CAUSE OF ACTION (Cancellation of Written Instrument: Trustees Deed Upon Sale) 13. Plaintiff re-alleges and incorporates by reference each and every allegation in paragraphs 1 through of this Complaint as though set forth in full herein. 14. Defendants caused the unauthorized recording of the Trustee Deed Upon Sale in the San Diego County Recorders Office, which document purports to convey Defendants interest in the subject Property. Defendant had no interest in the property to conduct any unauthorized acts. These documents are void and subject to cancellation by the Court pursuant to Civil Code 3412 or otherwise. 15. Plaintiffs ability to maintain interest in property via Adverse Possession is seriously damaged if the Trustees Deed Upon Sale is left outstanding. 16. The Defendant has sought to sell the Property to a third party without disclosing the fact that the Homeowners may be entitled to regain title and/or possession, seeking to defraud

VERIFIED COMPLAINT - 5

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a new party. This has resulted in new buyers purchasing homes throughout the country and then persons such as Homeowners take back their property. Plaintiff seeks to stop this cycle of criminal fraud.

THIRD CAUSE OF ACTION (Declaratory and Injunctive Relief) 17. Plaintiff re-alleges and incorporates by reference each and every allegation in paragraphs 1 through . of this Complaint as though set forth in full herein. 18. An actual controversy exists between Plaintiff and Defendants with regard to the validity, enforceability and effect of the subject Trustee Deed Upon Sale. 19. Plaintiff contends that the Trustees Deed Upon Sale executed and recorded by Defendants agent was unauthorized, improper, and void. Plaintiff contends he maintains his interest in the Property by claim of title pursuant to Civil Code Section 325, and is the de facto owner of the property. Plaintiff requests a judicial determination that cancels the Trustees Deed Upon Sale and any acts of the Defendants. 20. Plaintiff has no adequate remedy at law in that the Trustee Deed Upon Sale executed and recorded by Defendants must be cancelled in order to restore the interest of the Plaintiff before the Trustee Sale. 21. Accordingly, Plaintiff requests that the Court declare the Trustee Deed Upon Sale be null and void and to order this instrument be rescinded, cancelled and voided nunc pro tunc as of . 22. Plaintiff has no adequate remedy at law for the loss or injury being or that may be suffered in absence of declaratory and/ or injunctive relief. The effect of potential or further encumbrances, impediment, or preclusion in whole or in part of the relief requested herein could damage Plaintiff beyond repair. Accordingly, the Court should enjoin any further transfer, assignment, encumbrance, or hypothecation of the Property, or any interest therein by or on behalf of the Defendants or their agents. 23. Unless all defendants are immediately, temporarily and permanently enjoined from any further transfers, assignments, or encumbrances concerning any interest in the Property that would cloud, diminish, or negatively impact the priority and status of the title to the property, Plaintiff will suffer great and irreparable harm by virtue of

VERIFIED COMPLAINT - 6

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the loss or diminution of the value of his Property. FOURTH CAUSE OF ACTION (To Set Aside Trustee Sale) The previous allegations of this complaint are incorporated here as thought set forth in full. The aforementioned trustees sale was improperly held and the trustees deed and any and

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all transfers of the Property were wrongfully executed, delivered, and recorded in that the origination, servicing, and foreclosure were all a criminal fraud. documents were recorded, now commonly referred to as robo-signing. Forged and fraudulent

Plaintiff offers to tender to the proper party all amounts due and owing so that the claimed default can be cured and the Plaintiff or Homeowners may be reinstated to all former rights and privileges to the Property.

Plaintiff is ready willing and able to tender those sums, if any, that the Court finds due and owing on the rendering of an accounting as requested in the Fifth Cause of Action

FIFTH CAUSE OF ACTION (Accounting) Plaintiff reallges and incorporates by reference all of the allegations set forth above.

The amount of money still owed to anyone is unknown to plaintiff and cannot be
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determined due to the illegal securitization of the aforementioned loans and fraud of the Defendant without an accounting.

PRAYER FOR RELIEF WHEREFORE, plaintiff prays judgment against defendants and each of them as follows: 1. For judgment quieting plaintiffs title to the real property and that Defendants have no right, title, or interest in or to the real property.

VERIFIED COMPLAINT - 7

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2.

For judgment canceling, rescinding, and declaring void nunc pro tunc the Trustees Deed Upon Sale and the interest herein be fully restored to Homeowners or Plaintiff. That the Court declare that the Trustees Deed Upon Sale be cancelled and null and void nunc pro tunc as of the date it was signed by agent of Defendant Auora. That Plaintiff is allowed to maintain its status as a party in interest to the property.

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That the Court declare that an order, judgment, and/or Rescission of the Trustee Deed Upon Sale be recorded in the Official Records of San Diego County, California forthwith;

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That the court issue (a) a declaration that the sale of the Property at foreclosure is null and void of no force or effect, and (b) an order setting aside the trustees sale of the Property.

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For a temporary restraining order, a preliminary injunction and permanent injunction enjoining Defendants, and each of them, and their agents, servants, and employees, successors, assigns, and all persons acting under, in concert with, or any of them, from: (a) Selling, distributing, transferring, assigning, destroying , encumbering, foreclosing upon or in any other way disposing of the Property until judgment is entered herein; (b) Spending or disbursing any proceeds obtained from any sale of the Property until judgment is entered herein; (c) Taking any other action whatsoever with respect to the Property until further order of this court.

8.

In addition or in the alternative, for an order of this Court directing Defendants, and each of them, to show cause at the time and place appointed in the order why they, and each of them, should not be enjoined and restrained from doing any of the acts described above, and why a TRO, Preliminary and/or Permanent Injunction should not be issued.

9.

For damages according to proof.

VERIFIED COMPLAINT - 8

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10.

For an award against Defendants for Plaintiffs reasonable attorneys fees, and costs of suit incurred in prosecuting this action in accordance applicable law; and

11. Dated:

For such other and further relief as may be deemed just and proper.

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By:

VERIFICATION AND DONT FORGET TO RECORD A LIS PENDENS

VERIFIED COMPLAINT - 9

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