1.

2.
John Doe
3. Street address
Los Angeles, California
4. (213)555-1212

5. In Propria Persona

6.

7.

8.

9. UNITED STATES DISTRICT COURT

10. CENTRAL DISTRICT OF CALIFORNIA

11.

12. John Doe, and ) CASE NO. ____________________

)
13. ) ACTION FOR TRESPASS; QUIET TITLE
Plaintiff, )
14. ) (verified)
vs. )
15. )
Rico Bank, LLC, )
16. )
Defendant. )
17. ____________________________ )

18.

19.
1 COMES NOW Plaintiff John Doe, a people of the United States,
20.
and in the above-entitled Court of Record complains of Defendant
21.
RICO BANK, LLC, a resident of Dallas County, Texas.
22.

23.
2 Jurisdiction is because this Case is arising under the
24.
Constitution (Article III, § 2-1, in that it is a controversy
25.
between Citizens of different States [diversity of citizenship]),
26.
it is under the laws of the United States Federal Security and
27.
Exchange Commission (hereinafter SEC) via the Pooling and

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3. Servicing Agreement (hereinafter PSA) under said laws and via the

4. PSA Supplement under said laws, and under Title 26 United States

5. Code.

6.

7. 3 The Defendant is not a real party in interest. The Defendant

8. is attempting, by threat of force, to foreclose the property

9. located at 9999 Anystreet., Los Angeles, County of Los Angeles,

10. California. The Property’s legal description is, “Parcel 1, Lot

11. A of Parcel Map 12345, in the City of Los Angeles, County of Los

12. Angeles, State of California, as per map recorded in book 1,

13. pages 2 and 3 of Parcel maps, in the office of the county

14. recorder of said County” (hereinafter Property).

15.

16.

17. FIRST CAUSE OF ACTION: TRESPASS

18.

19.
IN ITS NON-JUDICIAL FORECLOSING ACTION
20. THE DEFENDANT CAN NOT BE THE REAL PARTY IN INTEREST
AND HAS NO STANDING TO FORECLOSE BECAUSE
21. UNDER U.S. SECURITIES AND EXCHANGE COMMISSION RULES
AND TITLE 26 REMIC RULES
22. THE LOAN IS AN UNSECURED DEBT
OWNED WITHOUT RECOURSE BY ANOTHER ENTITY, NAMELY
23. “RICO BANK, LLC SERIES 2007-A TRUST”

24.

25. 4 Paragraphs 1 through 3 are included by reference as though

26. fully stated herein.

27.

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3. 5 The PSA dated January 1, 2007 states in relevant parts to this

4. case as follows:
PSA OPENING PARAGRAPH: THIS POOLING AND SERVICING
5. AGREEMENT, DATED January 1, 2007, IS HEREBY EXECUTED BY
AND AMONG
6.
RICO BANK, LLC, AS DEPOSITOR,
7.
U.S. BANK NATIONAL ASSOCIATION (“U.S. BANK”), AS
8. MASTER SERVICER AND CERTIFICATE ADMINISTRATOR,

9. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE.

10.
PSA Section 2.01 Conveyance of Mortgage Loans.
11. (a) The Depositor, concurrently with the execution and
delivery hereof, hereby sells, transfers, assigns, sets
12. over and otherwise conveys to the Trustee on behalf of
the Trust for the benefit of the Certificateholders,
13. without recourse, all the right, title and interest of
the Depositor in and to the Mortgage Loans, including
14. all interest and principal received on or with respect
to the Mortgage Loans (other than payments of principal
15. and interest due and payable on the Mortgage Loans on
or before the Cut-Off Date), all accounts, chattel
16. paper, deposit accounts, documents, general
intangibles, goods, instruments, investment property,
17. letter-of-credit rights, letters of credit, money, and
oil, gas, and other minerals, consisting of, arising
18. from, or relating to, any of the foregoing, and all
proceeds of the foregoing. The foregoing sale,
19. transfer, assignment and set over does not and is not
intended to result in a creation of an assumption by
20. the Trustee of any obligation of the Depositor or any
other Person in connection with the Mortgage Loans or
21. any agreement or instrument relating thereto, except as
specifically set forth herein. In connection with the
22. conveyance by the Depositor of the Mortgage Loans, the
Depositor further agrees, at its own expense, on or
23. prior to the Closing Date, to indicate on its books and
records that the Mortgage Loans have been sold to the
24. Trustee on behalf of the Trust pursuant to this
Agreement, and to deliver to the Trustee the Mortgage
25. Loan Schedule. The Mortgage Loan Schedule shall be
marked as Exhibit D-1, Exhibit D-2, Exhibit D-3 and
26. Exhibit D-4 to this Agreement and is hereby
incorporated into and made a part of this Agreement.
27. [emphasis added]

PSA Section 2.05(a).

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2.
It is the express intent of the Depositor and the
3. Trustee that the transfer of the Mortgage Loans by the
Depositor to the Trustee pursuant to Section 2.01(a)
4. be, and be construed as, an absolute sale of the
Mortgage Loans. It is, further, not the intention of
5. such parties that such transfer be deemed the grant of
a security interest in the Mortgage Loans by the
6. Depositor to the Trustee to secure a debt or other
obligation of the Depositor. However, in the event
7. that, notwithstanding the intent of the parties, the
Mortgage Loans are held to be the property of the
8. Depositor, or if for any other reason this Agreement is
held or deemed to create a security interest in the
9. Mortgage Loans, then: (1) this Agreement shall
constitute a security agreement, and (2) the transfer
10. of the Mortgage Loans provided for in Section 2.01(a)
shall be deemed to be a grant by the Depositor to the
11. Trustee of, and the Depositor hereby grants to the
Trustee, to secure all of the Depositor's obligations
12. hereunder, a security interest in all of the
Depositor's right, title, and interest, whether now
13. owned or hereafter acquired, in and to (i) the Mortgage
Loans, (ii) all accounts, chattel paper, deposit
14. accounts, documents, general intangibles, goods,
instruments, investment property, letter-of-credit
15. rights, letters of credit, money, and oil, gas, and
other minerals, consisting of, arising from, or
16. relating to, any of the foregoing; and (iii) all
proceeds of the foregoing. [emphasis added]
17.

18.

19. 6 The original Deed of Trust shows the original Trustee is

20. Golden West Savings Association Service Co.; the Beneficiary is

21. World Savings Bank, FSB.

22.

23. 7 The public record reported in the Securitization Audit Report

24. based upon papers filed under oath at the United States

25. Securities and Exchange Commission shows that the loan was sold

26. without recourse to “RICO BANK, LLC SERIES 2007-A TRUST”.

1
27. Further, according to the agreement (PSA) between the original

1 PSA § 2.05 “It is the express intent of the Depositor and the Trustee that the transfer of the Mortgage Loans by the
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3. lender and its assigns/seller and buyer, it is “not the intention

4. of such parties that such transfer be deemed the grant of a

5. security interest in the Mortgage Loans by the Depositor to the

6. Trustee to secure a debt or other obligation of the Depositor.”

7.

8. 8 In other words, the ultimate seller in the chain of title and

9. the buyer intend that the loan be separated “without recourse”

10. from the Deed of Trust. The Loan is now no longer secured by the

11. Deed of Trust or the Property. The Loan is now itself a security

12. for investors under the United States Securities and Exchange
2
13. Commission (SEC) promulgated law. By doing that there are

14. certain tax advantages granted by Title 26 United States Code

15. relating to REMICs.

16.

17. 9 Because the Note and the Deed of Trust are irrevocably
3
18. (without recourse) separated, the present owner of the Loan can

19. not foreclose on the property, nor may the present owner delegate

20. a power greater than what it possesses.4

21.

22. 10 Defendant and its unidentified principal have no standing to

23. Depositor to the Trustee pursuant to Section 2.01(a) be, and be construed as, an absolute sale of the Mortgage Loans.
It is, further, not the intention of such parties that such transfer be deemed the grant of a security interest in the
24. Mortgage Loans by the Depositor to the Trustee to secure a debt or other obligation of the Depositor.

25. 2 Promulgated Law. To officially announce, to publish, to make known to the public; to formally announce a
statute or a decision by a court. West's Encyclopedia of American Law, edition 2.
26.

27. 3 Wachovia Mortgage Loan Trust, LLC Series 2007-A Trust

4 The present owner is without recourse (PSA § 2.01) bound by its intent (PSA § 2.05) to have only the Loan
without security (i.e. the Deed of Trust).
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3. foreclose on the loan in which it has no ownership interest.

4.

5. 11 The PSA confirms that the Loan has been securitized. The

6. real and only party to have standing is the actual investor(s) of

7. the certificates. The Deed of Trust and Note have been

8. separated: the Note has been turned into a “share” and divided

9. into parts equivalent to investors. To maximize value and lower

10. risks of pooling payments on fixed assets allows for increased

11. liquidity and thus aids the total market. But, in so doing,

12. there is no actual individual beneficial Note owner. Because the

13. Deed of Trust is divided from the Note, the foreclosure action

14. has no force as noted in Bellistri v. Ocwen Loan Servicing, LLC,

5
15. 284 S.W.3d 619, 623, 2009 WL 531057 (Mo. App., 2009)

16.

17. 12 For those reasons Defendant has no right to foreclose on the

18. Property. The original lender cited in the original Deed of

19. Trust by defendant sold the loan, either directly or through a

20. chain of sales, without recourse, to Wachovia Mortgage Loan

21. Trust, LLC Series 2007-A Trust (hereinafter Series 2007-A), which

22. is the present owner of the Note. The Securitization Analysis

23.
5 “Generally, a mortgage loan consists of a promissory note and security instrument, usually a mortgage or a deed of
24. trust, which secures payment on the note by giving the lender the ability to foreclose on the property. Typically, the
same person holds both the note and the deed of trust. In the event that the note and the deed of trust are split, the
note, as a practical matter becomes unsecured. Restatement (Third) of Property (Mortgages) § 5.4. Comment. The
25. practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the
note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Id. Without the agency
26. relationship, the person holding only the note lacks the power to foreclose in the event of default. The person
holding only the deed of trust will never experience default because only the holder of the note is entitled to
27. payment of the underlying obligation. Id. The mortgage loan became ineffectual when the note holder did not also
hold the deed of trust.” Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619, 623, 2009 WL 531057 (Mo. App.,
2009)
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3. Report (Exhibit 1) is based upon the records of the Federal

4. Securities and Exchange Commission. Defendant does not own the

5. Property or the Note or the Deed of Trust. The Note and the Deed

6. of Trust are each separately owned without recourse by Series

7. 2007-A. Article II, § 2.01 of the Pooling and Servicing

8. Agreement (hereinafter PSA) specifically designates that Series

9. 2007-A is the trust into which the Note is converted into a stock

10. or equivalent without recourse.

11.

12. 13 Once the Note is sold without recourse as a stock or

13. equivalent, it is no longer a secured note. When securitized

14. under U.S. Securities and Exchange Commission rules, the Note

15. forever loses its security component (Deed of Trust), and the
6
16. right to foreclose the Deed of Trust is forever lost. To

17. foreclose without said right is an injury to the Plaintiff. If

18. both the Note and the stock or equivalent exist at the same time,

19. that is known as “double dipping”, a form of securities fraud by

20. the Defendant and its principal. That is because the lender sold

21. the loan, is paid, and now the ex-owners are attempting to

22. collect on the loan a second time [“Double Dipping”].

23.

24. 14 The lending practices show fraud, because the borrower had

25. neither knowledge nor inclination of these practices being

26. performed by all entities and their agents. The foreclosing

27. 6 The PSA is also subject to Title 26 United States Code relating to REMICs. Those codes prohibit Series 2007-A
from owning any assets beyond the loan represented by the note.

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3. trustee should exercise a close review of the facts in this case,

4. before moving forward with foreclosure proceedings.

5.

6. 15 Defendants and others acting in concert with defendants have

7. publicly clouded the title to the Property and libeled our

8. standing and good name in the credit community.

9.

10.

11. DOUBLE DIPPING

12.

13. 16 Because the loan was sold, pooled and converted into a

14. security, stock or equivalent, the alleged holder can no longer

15. claim that it is a real party in interest for purposes of

16. foreclosure. Further, once the Note is converted into a stock,

17. or stock equivalent, it is no longer a note. If both the Note

18. and the stock, or stock equivalent, were to exist at the same

19. time, that is known as double dipping. Double dipping is a form

20. of securities fraud because more than one entity is attempting to

21. claim the full face value.

22.

23.
PRAYER
24.

25.

26. 17 Wherefore, Plaintiff demands that the court find Plaintiff

27. has the right to own the Property, and without encumbrance as

security for the loan.

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3.

4. 18 Further, Plaintiff demands that the court issue an

5. enforceable order requiring ceasing of all foreclosure

6. proceedings against the Property, now and in the future.

7.

8.

9.

10. SECOND CAUSE OF ACTION

11.
QUIET TITLE
12.

13.

14.

15.

16.
19 Paragraphs 1 through 3 are included by reference as though
17.
fully stated herein.
18.

19.
20 Plaintiff is domiciled at the Property and seeks a
20.
determination that he is the allodial owner, i.e. Title Holder of
21.
the Property based upon the determination of the First Cause of
22.
Action above against the Defendant named above who is making
23.
adverse claims to the title.
24.

25.
21 Plaintiff knows of no other person required to be named as a
26.
defendant. Plaintiff asserts this claim against other defendants
27.
“styled as all persons unknown, claiming any legal or equitable

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3. right, title, estate, lien, or interest in the Property described

4. in the complaint adverse to plaintiff’s title, or any cloud upon

5. plaintiff’s title thereto.” Further, Plaintiff knows of no

6. validity of any adverse claim. The State is not a party to this

7. action.

8.

9. 22 Plaintiff has diligently attempted to locate the proper

10. address of service for each of the defendants as well as any

11. persons unknown. This was done by making inquiries with the

12. California Secretary of State, contacting corporate headquarters,

13. and consulting with professional process servicers who are

14. familiar with the normal methods for serving those Defendants.

15. Plaintiff requests that if said addresses are found to be

16. insufficient, that the Court order service by publication.

17.

18. 23 There is no known or unknown defendant who is in open and

19. actual possession of the Property. Plaintiff is in open and

20. actual possession of the Property.

21.

22. 24 Defendant RICO BANK, LLC is, and at all times herein

23. mentioned is, a resident at 15000 Surveyor Blvd. in the City of

24. Addison, County of Dallas, State of Texas.

25.

26. 25 Plaintiff, on information and belief, alleges that Defendant

27. RICO BANK, LLC at all times herein mentioned, is organized and

exists under the laws of the State of Texas with principle

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3. offices located at 15000 Surveyor Blvd., in the City of Addison,

4. County of Dallas, Texas.

5.

6. 26 Plaintiff is ignorant of the true names and capacities of

7. any other defendants and, when ascertained, will amend this

8. action to allege their true names and capacities, and that, at

9. all times herein mentioned, each of said other defendants is the

10. agent and employee of each of the remaining defendants and is at

11. all times acting within the purpose and scope of such agency and

12. employment.

13.

14. 27 Plaintiff is informed and believes and thereupon alleges

15. that Defendant claims an interest in the property adverse to

16. Plaintiff herein. However, the claim of said Defendant is

17. without any right whatsoever, and said Defendant has no lawful,

18. legal or equitable right, claim, or interest in said property.

19.

20. 28 The effective date of Title sought is January 1, 2004, the

21. closing date of the Pooling and Servicing Agreement (PSA). That

22. date is the date on which the Note is split from the Deed of

23. Trust without recourse in accordance with the terms of the PSA

24. and the Title 26 United States Code concerned with REMICs.

25.

26. 29 Plaintiffs are informed and believe and thereon allege that,

27. at all times herein mentioned, each of the defendants sued herein

is the agent and employee of each of the remaining defendants and

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3. is at all times acting within the purpose and scope of such

4. agency and employment.

5.

6. 30 Plaintiff is at all times herein mentioned the owner and/or

7. entitled to possession of the Property. Plaintiff is informed

8. and believes and thereupon alleges that Defendant claims an

9. interest in the Property adverse to Plaintiff’s herein. However,

10. said claim of said Defendant is without any right whatsoever, and

11. said Defendant has not lawful right, equitable right, title,

12. estate, lien, nor interest in said Property. Defendant’s said

13. claim constitutes a cloud upon the title of the Property. The

14. reasons for the allegation are fully stated in the above First

15. Cause of Action, of which the Court’s opinion is incorporated by

16. reference as though fully stated herein.

17.

18.

19. 31 After the Court settles the First Cause of Action above
20. Plaintiff requests that the above-entitled Court resolve the
21. issue of quieting the title to the Property in accordance with
22. California Code of Civil Procedure, Title 10, Chapter 4 Quiet
23. Title, § 760.10 through § 765.060.
24.

25. 32 Plaintiff therefore demands a declaration that the title to

26. the subject property is vested in Plaintiff alone and that the
27. Defendant be declared to have no estate, right, title or interest

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3. in the subject Property and that said Defendant be forever

4. enjoined from asserting any estate, right, title or interest in

5. the subject property adverse to Plaintiff herein.

6.

7. 33 For that cause of action therefore Plaintiff brings his

8. suit.

9.

10.

11.
PRAYER
12.

13.

14. WHEREFORE, Plaintiffs prays for and demands relief and judgment
15. against defendant, as follows:
16.

17. 34 That the title to the subject Property is vested in

18. Plaintiff alone against the adverse claims to the Title of the
19. Property by the Defendant, and that the Defendant herein and
20. other unknown claimants, be declared to have no estate, right,
21. title or interest in the subject Property and that said
22. Defendant, and each of other unknown claimants, be forever
23. enjoined from asserting any estate, right, title or interest in
24. the subject Property adverse to Plaintiff.
25.

26. 35 For a declaration and determination that Plaintiff is the

27. rightful holder of allodial title to the Property;

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4. 36 For an order compelling said Defendant to transfer legal

5. title and possession of the subject Property to Plaintiffs

6. herein;

7.

8. 37 For a declaratory judgment that Defendant has acted

9. arbitrarily, capriciously, and has abused its discretion, and has

10. acted ultra vires not in accordance with law, but under color of

11. law, which resulted in injury to Plaintiffs’ right to a good name

12. and community status;

13.

14. 38 For general damages equal to the claimed balance of the

15. debt, namely $123,000; or as determined by the Court;

16.

17. 39 For punitive damages equal to two times the general damages

18. for fraud and extortion accompanied by the threat of use of force

19. (i.e. trespass).

20.

21. 40 For costs of suit herein incurred;

22.

23. 41 For such other and further relief as the court may deem

24. proper.

25.

26.
___________, 2012
27. Los Angeles County __________________________
California John Doe

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3.

4.

5.

6.

7. VERIFICATION

8.

9. 42 I, the undersigned, am a Plaintiff in the above-entitled

10. action. I have read the foregoing causes of action and know the

11. contents thereof, except as to those matters which are therein

12. alleged on information and belief, and as to those matters, I

13. believe it to be true. I declare under penalty of perjury that

14. the foregoing is true and correct and that this declaration is

15. executed at Los Angeles, California.

16.
__________, 2012
17. Los Angeles County __________________________
California John Doe
18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

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