1 YOUR NAME

STREET ADDRESS
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CITY, STATE AND ZIP
3 PHONE NUMBER
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YOUR NAME, IN PRO PER
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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THE BANK OF NEW YORK MELLON) Case No.: XXXXXXX
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FKA THE BANK OF NEW YORK AS
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13 TRUSTEE FOR THE CERTIFICATE
HOLDERS CWALT, INC, ) NOTICE OF MOTION FOR NEW
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TRIAL AND MOTION FOR ORDER
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15 Plaintiff, VACATING DEFAULT
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17 vs.
) DATE:________
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) TIME:________
19 YOUR NAME,
) DEPT:________
20 Defendant
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Defendant YOUR NAME does hereby move the court, pursuant
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to Section 473 of Code of Civil Procedure, for an order:
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Setting aside the default entered in this action on
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Defendant further moves for an order permitting defendant
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to file an Answer, a true and correct copy of which is
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NOTICE OF MOTION FOR NEW TRIAL AND MOTION FOR ORDER VACATING DEFAULT
1 attached to this motion and incorporated by reference and
2 appear at a trial on the merits.
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4 This motion is brought because default was taken against
5 defendant through inadvertence and/or oversight defendant
6 failed to timely respond and Defendant was prevented from
7 responding due to an unexpected condition or situation
8 which arose, without any default or negligence on his /her
9 part, and which ordinary care could not have prevented.
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11 Defendant possesses a meritorious defense against the
12 unlawful detainer or other civil action.
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14 Defendant, Terrence Harris, respectfully applies under
15 Section 918 of the Code of Civil Procedure, for an order
16 from this court directed to the Sheriff of Lancaster, to
17 plaintiff, and to any other persons acting on behalf of or
18 together with plaintiff, staying execution of the judgment
19 entered in this action on the grounds that:
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21 Defendant would suffer hardship if the judgment were to be
22 executed at this time.
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24 The judgment may be set aside or modified as requested in
25 defendant’s motion to vacate default judgment.
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NOTICE OF MOTION FOR NEW TRIAL AND MOTION FOR ORDER VACATING DEFAULT
1 The judgment may be set aside or modified in accordance
2 with defendant’s motion for a new trial.
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4 The judgment may be set aside or modified in accordance
5 with defendant’s motion for judgment not withstanding the
6 verdict.
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8 The motion filed above is filed with this application, and
9 is now pending before this Court.
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11 DECLARATION
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I, YOUR NAME, declare as follows:
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14 1. I am the defendant in this unlawful detainer action.
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2. I request that the judgment entered in this action be
16 vacated for the following reasons:
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A) No Proof of Standing to Foreclose; The mortgage
18 servicer failed to attach a copy of the duly negotiated
original note to the Proof of Claim, the Motion for Relief
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from Stay, or the foreclosure complaint.
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B) A wrongful foreclosure action and/or an illegal or
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fraudulent sale of the property occurred;
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I have the following defenses to eviction:
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Title to the property is still in dispute ie. the
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foreclosure was bad.
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The Lender did not comply with California civil code
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2923.5 or 2923.6 or 2924.
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NOTICE OF MOTION FOR NEW TRIAL AND MOTION FOR ORDER VACATING DEFAULT
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They didn’t possess or provide proof of the documents to
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foreclose ie. the original note.
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They did not possess or provide proof of proper assignment
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2932.5.
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I certify under penalty of perjury under the laws
7 of the state of CA that the foregoing statement is true.
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Signed in The City of YOUR CITY, State of
9 California on MONTH DAY, YEAR.
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DATED: MONTH DAY, YEAR
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YOUR NAME
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In Pro Per
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NOTICE OF MOTION FOR NEW TRIAL AND MOTION FOR ORDER VACATING DEFAULT