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Geraldine Bongcayao David Bongcayao 2939 Ladyfern Lane Palmdale, CA 93551 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY - CIVIL DIVISION GERALDINE BANGCAYAO, DAVID BONGCAYAO Plaintiffs, vs. FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/K FANNIE MAE, BANK OF AMERICA, N.A, NDEX WEST, LLC AARON W. BROWN, RIC JUAREZ, ____Defendants. : : : : : : : : : : : : CIVIL CASE NO. COMPLAINT FOR DAMAGES, DECLARTORY AND INJUNCTIVE RELIEF ( VERIFIED) 1. FRAUD 2. ILLEGAL FORECLOSURE 3. UNLAWFUL CONVERSION 4.UNLAWFUL BUSINESS PRACTICES 5. QUIET TITLE UNLIMITED JURISDICTION

Comes now, Geraldine & David Bongcayao Plaintiffs [hereinafter Plaintiffs] in the aforesaid captioned case respectfully filing Complaint to Quiet Title pursuant to California Rules of Civil Procedure, Rule 760.010 and sets forth the following in support thereof: I. JURISDICTION This Court has jurisdiction over this matter pursuant to the California Constitution, Article XI, section 10 and California Code of Civil Procedure (CCCP) section 410.10 because Defendants transacted business and committed the acts complained of herein in California, specifically in the County of Orange. The violations of law alleged herein were committed in Los Angeles and elsewhere within the State of California. Venue is proper in Los Angeles County, California, pursuant to CCCP section 395 and because many of the acts complained about occurred in Los Angeles.

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Jurisdiction of this Honorable Court over subject matter is conferred by California Code of Civil Procedure, 760.040(b): The Court has complete jurisdiction over the parties to the action and the property described in the complaint and is deemed to have possession and control over the property for the purpose of the action with complete jurisdiction to render the judgment provided for in this chapter. II. PARTIES TO THE ACTION 1.Plaintiffs: GERALDINE & DAVID BANGCAYAO, (hereinafter Plaintiffs) is, and were at all times mentioned herein, the legally registered owners of 2939 Ladyfern Lane, Palmdale, CA 93551, located in Los Angeles County; which is their permanent residences. 2. Defandant: FEDERAL NATIONAL ASSOCIATION, A/K/A FANNIE MAE, is a government-sponsored enterprise chartered by Congress to keep money flowing to mortgage lenders, to help strengthen the U.S. housing and mortgage markets, and to support affordable homeownership whose current address is 3900 Wisconsin Avenue, NW Washington, DC 20016-2892. 3. Defendant, BANK OF AMERICA, N.A, is a nationally chartered bank, it is the second largest bank holding company in the United States by assets, whose current address is 100 North Tryon Street, Charlotte, North Carolina 28255. 4. Defendant, NDEX WEST, LLC, in Addison, TX is a private company categorized under trust service. Our records show it was established in 2007 and incorporated in Texas whose current address is 15000 Sryor Boulevard #250, Addison, TX 75001 5. Defendant, AARON W. BROWN, is and was at all times stated herein, an alleged Agent for NDEX WEST, LLC whose current address is 15000 Sryor Boulevard #250, Addison, TX 75001.

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6. Defendant: RIC JUAREZ, is and was at all times stated herein, an employee of NDEX WEST, LLC whose current address is 15000 Sryor Boulevard #250, Addison, TX 75001. III. OFFICIAL RECORD 7. On April 02, 2007, a Short Form Deed of Trust was recorded in the Official Record of Los Angeles wherein Plaintiff is BORROWER, Bank of America, N.A. is LENDER, PRLAP, INC is the TRUSTEE. 8. On August 14, 2009, a Notice of Default and Election to sell under Deed of Trust was recorded in the Official Record of Los Angeles County and signed by NDEX WEST, LLC as agent for beneficiary signed by AARON.W BROWN. 9. On April 26, 2011 a Notice of Trustees Sale was recorded in the Official Record of Los Angeles County and signed by Ric Juarez of NDEX WEST, LLC, as Trustee NDEX. 10. On December 12, 2011 a Trustees Deed Upon Sale was recorded in the Official Record of Los Angles County and recorded by NDEX WEST, LLC, as Trustee NDEX assigning title to Federal National Mortgage Association A.K.A Fannie Mae, signed by RIC JUAREZ. IV. STATEMENT OF FACTS 11. Plaintiffs are the legally registered Trustor/owners of 2939 Ladyfern Lane, Palmdale, CA, 93551. Legal Description as follows; Lot 94 of Tract Number 54117-02 in the City of PALMDALE, County of LOS ANGELES, in the State of CA As recorded in MB 1294 PG 75-86. APN# 3206-037-026. 12. Plaintiff, Geraldine Bangcayao, is a house wife, and her Husband David Bangcayao, is an electrician.

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13. Plaintiffs fell upon hard times and last made a payment on said mortgage was September 2009. 14. Plaintiffs applied for a loan modification from Bank of America and were denied. 15. On November 28, 2011, Ndex West, LLC executed a foreclosure sale wherein Fannie Mae purchased Plaintiffs property. 16. On November 29, 2011 they received a Notice to Quit. V. GENERAL ALLEGATIONS 17. Plaintiffs are informed and believe and thereon allege, that at all times herein mentioned each of the named defendants sued herein was the agent and employee of each of the remaining defendants. Plaintiffs allege that each and every defendant ratified the conduct of each and every other defendant. Plaintiffs further allege that at all times said defendants were acting within the purpose and scope of such agency and employment. 18. Plaintiffs further allege on information and belief that none of these alleged beneficiaries or representatives on the Notice of Default and/or Notice of Trustees Sale can prove that they had the authority to conduct foreclosure. 19. Plaintiffs further allege that the foreclosure sale of the subject property due to false notices and unauthorized parties was not executed in accordance with the requirements of California Civil Code sections 2924, 2923.5 & 2923.6. 20. Plaintiffs allege that Defendants, and each of them, are engaged in and continue to engage in violations of California law including but not limited to California Civil Code sections 2924, 2923.5 & 2923.6, and unless restrained will continue to engage in such misconduct, and that public benefit necessitates that Defendants be restrained from such conduct in the future.

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FIRST CAUSE OF ACTION: Fraud 21. Plaintiffs hereby incorporate paragraphs 1 through 20 as though fully set forth herein. 22. Inasmuch as the only recorded Trustee on title is PRLAP, INC, the recording on April 26, 2011, by Ric Juarez as acting agent for NDEX WEST. LLC as Trustee was a fraudulently filed Notice of Trustee Sale in violation California Civil Code Section 2934a. This is a criminal offense pursuant to California Penal Code Section 115. 23. The Trustee Sale conducted on December 8, 2011, by NDEX WEST.LLC as Trustee is void. The filing of this document in the Official Records of Los Angeles County is a criminal offense pursuant to California Penal Code Section 115. SECOND CAUSE OF ACTION: Illegal Foreclosure. 24. Plaintiffs hereby incorporate paragraphs 1 through 23 as though fully set forth herein. 25. Defendant, NDEX WEST, LLC, as Trustee lacked the authority to record a Notice of Trustee Sale, or to conduct a Trustee Sale, or record a Trustees Deed Upon Sale inasmuch as the Trustee of record is PRLAP, INC. There has been no valid substitution recorded in the Official Records. Therefore the non judicial foreclosure on Plaintiffs property was executed without lawful authority to do so. There is not one of the named Defendants that can produce a valid substitution by the Note Holder/Beneficiary and therefore a fraud has been perpetrated upon this Honorable Court. THIRD CAUSE OF ACTION: Unlawful Conversion. 26. Plaintiff hereby incorporates paragraphs 1 through 25 as though fully set forth herein. 27. There is no valid Assignment by the Beneficiary of Record or a valid Substitution of Trustee. There is no evidence in record that NDEX WEST, LLC has been lawfully substituted by the true Beneficiary and note holder. Without the Substitution of Trustee

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naming NDEX WEST, LLC as substituted Trustee, the Notice of Trustees Sale, Trustees Sale and Trustees Deed Upon Sale are null and void; not voidable. The actions of the named Defendants acting in concert was unlawful conversion of Plaintiffs property. FOURTH CAUSE OF ACTION: Unfair Business Practices 28. Plaintiffs incorporate herein by reference the allegations made in paragraphs 1 through 27, inclusive, as though fully set forth herein. 29. The unlawful acts and practices of Defendants alleged above constitute unlawful business acts and/or practices within the meaning of California Business and Professions Code section 17200. Defendants unlawful business acts and/or practices as alleged herein have violated numerous state, statutory and/or common laws - and said predicate acts are therefore per se violations of section 17200. These predicate unlawful business acts and/or practices include, but are not limited to, the following: California Penal Code 115 (Filing of False Instrument), California Civil Code section 1572 (Actual Fraud), California Civil Code section 1573 (Constructive Fraud by Omission), California Civil Code section 1710 (Deceit), California Civil Code section 1770 (the Consumers Legal Remedies Act Deceptive Practices), and other California statutory and common law.

FIFTH CAUSE OF ACTION: Quiet Title 30. Plaintiff hereby incorporates paragraphs 1 through 26 as though fully set forth herein. 31. Inasmuch as the Notice of Trustee Sale, Trustee Sale, and the Trustees Deed Upon Sale are void, Plaintiffs remain the lawful title holder of their home and the requested relief id appropriate.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted, DATE: property and that defendants, BANK OF AMERICA, N.A, NDEX WEST LLC, AARON W. BROWN, RIC JUAREZ, their assigns, agents, or representatives have no estate, right, title or interest in 2939 Ladyfern Lane, Palmdale, CA 93551; APN# 3206-037-026. 2) A Judgment forever enjoining said defendants, BANK OF AMERICA, N.A, NDEX WEST LLC, AARON W. BROWN, RIC JUAREZ, their assigns, agents, or representatives from claiming estate, right, title or interest in 2939 Ladyfern Lane, Palmdale, CA 93551; APN# 3206-037-026. 3) Void, the Substitution of Trustee, Notice of Trustees Sale, and Trustees Deed from the Official Court Record of 2939 Ladyfern Lane, Palmdale, CA 93551; APN# 3206-037-026. 4) Punitive award in the amount to be determined at trial. 4) Costs of the instant suit. 5) Any other equitable relief deemed appropriate by this Honorable Court. WHEREFORE, Plaintiffs pray for the following: 1) A Determination and Declaratory judgment that Plaintiffs are the rightful holder to the PRAYER FOR RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________ Geraldine Bangcayao ______________________ David Bangcayao

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Geraldine Bongcayao David Bongcayao 2939 Ladyfern Lane Palmdale, CA 93551 Pro per SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY - CIVIL DIVISION GERALDINE BANGCAYAO, DAVID BONGCAYAO, : : : : : : :

CIVIL CASE NO.

Plaintiffs, vs. ACTION

COMPLAINT IN QUIET TITLE

BANK OF AMERICA, N.A NDEX WEST, LLC AARON W. BROWN, RIC JUAREZ, ____Defendants.

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VERIFICATION

I, Geraldine & David Banycayao, do hereby verify under the penalty of perjury, of the laws of California, that the contents of the heretofore attached Complaint are true and correct to the best of my knowledge, information, and belief. DATE: ____________________ Geraldine Bangcayao ____________________ David Bangcayao