Examine the trust deed what duties are conferred upon the trustee?

? (Make sure that there are no other than those which are incidental to the exercise of the power of sale therein conferred) Does it secure an obligation to pay money?

Examining Substitution of Trustee ( Based on California Civil Code Section 2934a)

1. 2. 3. 4. 5. 6. 7. 8. Is Substitution of Trustee recorded? ____ When?___ Is it recorded in the county were the property is located?____ Is substitution executed and acknowledged? __ When?______ Who is the Trustee under the original Trust Deed? ___ Check the chain of Trustees in the order of recording from Original Trust Deed to all subsequent Substitution of Trustee Who are the beneficiaries under the original Trust Deed? __________ Check the chain of beneficiaries in the order of recording - Who was the beneficiary under the last Substitution of Trustee?__ Is it executed and acknowledged by all of the beneficiaries under the trust deed, or their successors in interest? If not, check if o Is it executed or acknowledged by the holders of more than 50% of interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction, exclusive of any notes, or interests of a licensed real estate broker that is the issuer or servicer of the notes or interest or of any affiliate of that licensed real estate broker? 9. Is the substitution effective notwithstanding any contrary provision in any trust deed on or after Jan 1, 1968? or 10. Separate Document - Did all the parties signing the substitution sign, under penalty of perjury, sign a separate written document stating the following: ____ When?______ 1)The substitution has been signed pursuant to subparagraph(B) of paragraph(1) of CCC 2934a 2) None of the undersigned is a licensed real estate broker or an affiliate of the broker that is the issuer or servicer of the obligation secured by the deed of trust. 3) The undersigned together hold more than 50 percent of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction. 4) Notice of the substitution was sent by certified mail, postage prepaid, with return receipt requested to each holder of an interest in the obligation secured by the deed of trust who has not joined in the execution of the substitution or the separate document. Was notice sent by certified mail, postage prepaid, with return requested to each holder of an interest in the obligation secured by the deed of trust? 11. Is this separate document attached to the substitution and recorded in the recorders office of each county where the property located?_ When?_
Once the document required by this paragraph is recorded, it shall constitute conclusive evidence of compliance with the requirements of this paragraph in favor of substituted trustees acting pursuant to this section, subsequent assignees of the obligation secured by the deed of trust and subsequent bona fide purchasers or encumbrancers for value of the real property described therein.

12. Does substitution contain the following: o The date of recordation of the trust deed? __ o The name of the trustor? ___ o The book and page or instrument number where the trust deed is recorded? ___ o The name of the new trustee? ____
From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust.

If the substitution is executed, but not recorded, prior to or concurrently with the recording of the notice of default 10. Did the beneficiary or their authorized agent cause notice of the substitution to be mailed prior to or concurrently ____ (When? _______) with the recording thereof, in the manner provided in Section 2924b, to all persons ____to whom a copy of the notice of default would be required to be mailed by the provisions of Section 2924b? 11. Was affidavit attached to the substitution that notice has been given to those persons and in the manner required by this subdivision? If the substitution is effected after a notice of default has been recorded but prior to the recording of the notice of sale, 12. Did the beneficiary or their authorized agents mail a copy of the substitution to be mailed, prior to, or concurrently with, the recording, in the manner provide in section 2924 b, to the trustee then of record and to all persons to whom a copy of the notice of default would be required to be mailed? 13. Was affidavit attached to the substitution that notice has been given to those persons and in the manner required by this subdivision? 14. Was the trustee/his agent named in a recorded substitution of trustee taking action? ___ 15. Was the trustee named in a recorded substitution of trustee taking after the execution of substitution? Notice of Sale 15. Does the notice of sale contain the following? The name ____ Street address ____ The telephone # of the substitution ___ 16. Was a new notice of sale containing the above given after execution of substitution? (If not, any sale conducted by the substituted trustee shall be void -2934a (e))

Prepared by Liliya Walsh

Exhibit #1 Substitution of Trustee Dated June 19, 2008 Recorded August 26, 2008 Signed by Theresa S. Clopp and Laura Cauper as authorized signers Who are Theresa Clopp and Laura Cauper and were they authorized signers? Notarized by Theresa L. Slaven (notary in Ohio) personally appeared Ask for Theresa L. Slaven records for June 19, 2008
Per Ohio Secretary of State: A notary commission is not valid until it has been recorded by the clerk of the court of common pleas in the county where the notary resides. Please contact the county to verify the validity of a notary listed here. Under original Deed of Trust dated January 4, 2006, p 13, Substitute Trustee. Lender, at its option, may from time to time appoint a successor Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which the Property is located. The instrument shall contain the name of the original Lender, Trustee and borrower, the book and page where this Security Instrument is recorded and the name and address of the successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provision for substation. Substitution of Trustee was not executed, acknowledged and recorded by Lender. It was signed by Missy Spencer, Asst. Sec., by: First American, as Agent SOT does not indicate the book and page where this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law. Also, according Civil Code 2934a It is not signed under

Exhibit # 2 Notice of Default Dated June 19, 2008; Recorded June 20, 2008 Amount Due: $24,518 as of June 19, 2008; failed to pay March 1, 2008 payment of interest and subsequent installments due, plus late charges plus other Contact: National City Mortgage a division of National City Bank of Indiana (not address) C/O Cal-Western Reconveyance Corporation , address P O BOX 22004, 525 East Main Street, El Cajon CA 92022-9004, phone # 619 590 9200. It is listed as either the original trustee, the duly appointed substituted trustee, or acting as agent for the trustee or beneficiary. States that the present beneficiary under such Deed of Trust has deposited with said trustee such Deed of Trust and all documents evidencing obligations secured thereby and has declared Ask to provide evidence that the documents were deposited, what documents and when ___________. Signed by Vangie Ortega, by First American, as Agent, for Trustee (handwritten) Cal-Western Reconveyance Corporation. Who is Vangie Ortega? What is First American?

Was Vangie Ortega an authorized agent? See more info below

Exhibit # 7 Original Deed of Trust Dated January 4, 2006; Recorded January 6, 2006 at Placer County Recorder Lender: National City Mortgage a division of National city Bank of Indiana (it is a National Banking Association, organized and existing under the laws of United States), address 3232 Newmark Drive, Miamisburg, OH 45342 Trustee: National City Bank of Indiana Beneficiary: Lender P3 Transfer of Rights in the Property This security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modification of the Note; and (ii) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocable grants and conveys to Trustee, in trust, with power of sale, the following described property in .. This Security Instrument combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to continue a uniform security instrument covering real property.

Exhibit # 10 Notice of Trustees Sale Dated December 3, 2010; Recorded December 14, 2010 Signed by Missy Spencer, Asst. Sec., by: First American, as Agent. States On January 05, 2011 at 10 am, Cal-Western Reconveyance Corporation, as duly appointed trustee under and pursuant to Deed of Trust recorded January 6, 2006, as Inst. No. 2006-0001580, in book XX, of Official Records in the office of the County Recorder of Placer County, State of California, executed by .. According to the DOT recorded January 6, 2006, the trustee is

National City Bank of Indiana, not Cal-Western Reconveyance

Corporation. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated cost, expenses, and advances at the time of the initial publication of the Notice of Sale is $1,224,077.45
Exhibit # 11 Assignment of Deed of Trust Dated January 6, 2011 Notarized January 7, 2011 Recorded March 2, 2011 Signed by Yvonne J. Wheeler as Yvonne j. Wheeler, A.V,P, stamped and signed with two different signatures on behalf PNC Mortgage A Division of PNC Bank, NA SBM to National City Mortgage a DIVISION OF NATIONAL CITY BANK OF INDIANA AKA NATIONAL CITY BANK BY CAL-WESTERN RECONVEYANCE CORPORATION AS ATTORNEY IN-IN-FACT. Notarized by Rosalyn Hall, commissioned in San Diego County Trustee National City Bank of Indiana transfer a recorded instrument No 2006-0001580 on January 6, 2006,..to MTGLQ Investors, L.P.

Vangie Ortega Title and Company: at The First American Corporation Company Address: 1 First American Way, Santa Ana, CA 92707-5913 http://www.spoke.com/info/pBYlUFq/VangieOrtega

Notary Info (Per California Secretary of State website) : Wheeler, Yvonne 2379 Parkwoods Way Oakdale CA 95361 50 CA 1890835 92101 37

Hall, Rosalyn PROMMIS SOLUTIONS 1050 B St Apt 412 1793727 03/16/2012 05/24/2014 http://www.sos.ca.gov/business/notary/notary-online-listing.htm

San Diego

Notice of Trustee sale Dated December

Does Pooling and servicing agreement require that the deeds and mortgage assignments be recorded?

While the STATE might not require the recording of the mortgages Deeds etc., they need to check into the Pooling and Servicing agreements. MOST of them REQUIRE that the Deeds and Mortgage Assignments BE RECORDED! By approaching it in this way, the States will not only be more able to get their moneybut the public will finally be able to get some of the answers they need, as most QWR go unanswered other than sending the homeowner yet another copy of their DOT, mortgage and/or note