Beruflich Dokumente
Kultur Dokumente
09-56133
Richard Shelley,
Plaintiff-Appellant,
v.
Quality Loan Service Corporation,
Litton Loan Servicing, L.P.,
Fremont Investment & Loan,
Defendants-Appellees.
On appeal from Motion To Dismiss in Shelley v. Quality Loan Service Corp., et aI,
Case No. SACV09-291 CJC. Cormac J. Carney, United States District Court Judge.
United State District Court, Central District of California-Southern Division (Santa Ana) Ronald
Regan Federal Building and U.S. Courthouse, 411 West Fourth Street, Room 1053 Santa Ana,
CA 92701
Richard Shelley
Plaintiff-Appellant
Telephone: (714) 901-4136
7051 Natal Dr.,
Westminster, CA 92683
Exhibit # 0-VAC, Recorded August 8, 1985 in Official Records, County of Orange, California -
the Memorandum Agreement of Sale between the Department of Veterans Affairs and Richard
Shelley, when and where Richard Shelley acquired title to the certain real property specifically
described therein by a Purchase Land Sales Contract.
Exhibit # 0-VAGD, Recorded March 23, 2005 in Official Records, County of Orange, California
- the Department of Veterans Affairs Grant Deed granting to Richard Shelley and Jerri Lynn
Shelley Husband and Wife, as joint tenants, certain real property situated in the County of
Orange, State of California.
Exhibit # 0-VALG, the Department of Veterans Affairs Loan Guaranty Certificate of Eligibility
issued March 15, 2008 for Richard Shelley.
Exhibit # 1-AR, the Uniform Residential Loan Application for an extension of credit refinancing
signed by Richard Shelley in March of 2005 with an attached declaration.
Exhibit # 1-DT, Recorded March 23, 2005 in Official Records, County of Orange, California –
the Deed of Trust between Richard L. Shelley as trustor, Lenders T.D. Service, Inc. as trustee,
and Frank S. Livacich et al. as Beneficiary.
Exhibit # 2-A, the Uniform Residential Loan Application for an extension of credit refinancing
signed by Richard Shelley in May of 2006 after the lender’s agent had ran a credit check weeks
before, but at *3 in the liabilities section fraudulently omitted all unpaid accounts that Appellant
had been lead to believe were paid off in full and included an account that never showed up on
Appellant’s credit history. Copies of these were first received in January of 2009 from Appellee
Litton Loan Servicing LP in RJN # 2-MC, *8-9. See Id. at *9 under “Enclosures”.
Exhibit # 2-ABH, Recorded May 30, 2006 in Official Records, County of Orange, California –
Declaration of Abandonment of Homestead Declaration and a declaration of Appellant.
Exhibit # 2-AE, the Unexecuted Escrow Instructions mailed sometime after May 17, 2006 to
Richard Shelley by Vera Martin an employee Agent of Fremont Investment & Loan.
Exhibit # 2-DTO (continued), additional pages from the Deed of Trust.
Exhibit # Q-POS, Two Proofs of Service to Appellee Quality Loan Service Corporation, the First
one being of Appellant’s Opening Brief at *1 of the just previously said exhibit and the Second
one being of Appellant’s Request for Judicial Notice made to this Court at *2 Id.
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UNITED STATES COURT OF APPEALS
Defendants – Appellees,
and
Defendant.
I Richard Shelley do declare the following. This exhibit is a Uniform Residential Loan
Application with added highlighted markups that I signed as myself, Richard Shelley in March
of 2005 for an extension of credit to pay off all existing debt that I owed at the time see RJN Ex.
# 1-AR, at *2 highlighted in green. That did result in a Deed of Trust being recorded in favor of
Frank S. Livacich see RJN Ex. # 1-DT. However among all the accounts that were supposed to
be paid off in RJN Ex. # 1-AR *2-6 (marked with asterisks) the only ones that were actually paid
off were the ones that have the asterisks highlighted in blue, all the ones with asterisks
highlighted in purple were supposed to be paid but were not. Not in this transaction nor the one
with Fremont Investment & Loan (hereinafter “Fremont”) which was not discovered until after
entering into the transaction with Fremont when I had ran my own credit report. Fremont also
contributed to the prevention of my discovering these facts with its insufficient and misleading
credit report disclosure see RJN Ex. # 2-ACRD and the Uniform Residential Loan Application
that Fremont’s agent had me sign that made it look as if all those accounts had been paid off
when in fact they had not see RJN Ex. # 2-A. After learning of these omissions I promptly gave
notice of rescission to Frank S. Livacich and then Fremont in March of 2008 see RJN Ex. # 1-
RN. Frank S. Livacich notified an undisclosed third-party broker Emerald Financial that was
Richard Shelley,
Defendant.
I Richard Shelley do declare the following. Sometime during the duration between the
15th and 17th of May 2006 when I had met with the lenders agent Vera I. Martin (Ms. Martin)
during the same instance at the same place of business previously described in RJN D-CT, one of
the instruments Ms. Martin needing my signature as I remember her saying was a requirement
was one regarding a homestead declaration. At the time I wasn’t really given the opportunity to
review the details of the instrument or ask questions regarding why it was required or if there
was other options as Ms. Martin had rushed through the whole process, not given me a copy for
me to keep and review so the contents of the instrument at the time it was signed and if there
were any changes made to it afterwards or not I cannot say for certain and I don’t recall any
other pages attached to it, but I can say that the impression that I got from Ms. Martin was that it
was a nonnegotiable condition in order to begin the process of the credit transaction. Whether the
condition was required by law or otherwise she did not say, but the way she made it seem was as
if I had no other options or choices in deciding otherwise. So when I received the instrument
contained within this exhibit after having been recorded I presumed it was likely the same
instrument previously mentioned and that based on the representations of Ms. Martin must have
been a legally required step as part of the process for transitioning between creditors or
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CERTIFICATE OF SERVICE
When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the appellate CM/ECF system.
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CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
Oct 3, 2010
Participants in the case who are registered CM/ECF users will be served by the appellate
CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. I
have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it
to a third party commercial carrier for delivery within 3 calendar days to the following
non-CM/ECF participants: