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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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BETTY BRYAN,
CATHERINE BRYAN
3745 Adams Street
Carlsbad, CA 92008
PLAINTIFFS IN PRO SE760-458-3977
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BETTY BRYAN, CATHERINE BRYANandKOPOPELLI COMMUNITY WORKSHOPCORPORATION,
Plaintiffs,
v.
MTGLQ INVESTORS, LP, AS A COMPANYOWNED BY, GOLDMAN SACHS BANK,LITTON LOAN SERVICE, AS A COMPANYOWNED BY GOLDMAN SACHS BANK,GOLDMAN SACHS BANK AS ACTING
TRUSTEE ON BEHALF OF THE HOLDERSOF THE GSAMP TRUST 2006-HE3MORTGAGE PASS THRU CERTIFICATES,SERIES 2006-HE3, DEMARCO FLETCHER,
IN HIS CAPACITY AS BROKER AND SALESAGENT FOR GOLDMAN SACHS BANK ,BILL KOCH IN HIS CAPACITY AS AGENTFORSELECT PORTFOLIO SERVICING INC.F/K/A FAIRBANKS CAPITAL CORP.STEPHEN C WICHMANN IN HIS CAPACITYAS AGENT FOR GOLDMAN SACHS BANKD/B/A MTGLQ INVESTORS, LP,SELECT PORTFOLIO SERVICING, INC.F/K/A FAIRBANKS CAPITALCORPORATION,RICK ARDISSONI.
AND DOES individuals 1 to 100,inclusive; and all otherpersons and entities unknown claimingany right, title, estate, lien, orinterest in the real propertydescribed in the complaint adverseto Plaintiffs ownership, or anycloud upon Plaintiffs = title thereto,does
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Case No: 3:10-CV-01605-CAB-KSC
DECLARATION OF CATHERINE
BRYAN IN SUPPORT OF PLAINTIFFS
REPLY TO DEFENDANTS MTGLQ
AND LITTONS OPPOSITION TO
PLAINTIFFS EX PARTE MOTION TOSTRIKE A FALSE AND FORGED RIGHT
TO CANCEL DOCUMENT
NO ORAL ARGUMENTSREQUESTED
Hearing:Time:
Judge: Hon. Cathy Ann Bencivengo
1| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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Defendants.
DECLARATION OF CATHERINE BRYAN
I, Catherine Bryan, plaintiff in the above-captioned civil case herein
declare all that following statements are true and correct and made according to my
personal knowledge.
1. My mother Plaintiff Betty Bryan and I, Catherine Bryan lawfully held the subject property at
issue located at 3745 Adams Street in Carlsbad California in joint tenancy until we conveyed
the subject property to Kokopelli Workshop Corporation in exchange for full TENDER of our
mortgage loan debt and lifetime residency on the subject property on March 23, 2009. (see
herein attached exhibits I-III)
2. On the date of November 8, 2005 I attended a document signing of borrower Betty Bryans
mortgage loan contact and signed multiple loan documents as co-owner of located at 3745
Adams Street in Carlsbad California.
3. On the date of November 8, 2005 I was not provided an unsigned copy of the alleged RIGHT
TO CANCEL document, nor did I sign such a document.
4. I have inspected the document submitted electronically on June 8, 2012; by Defendants
MTGLQ L.Q. Investors L.P. and Litton Loan Service (hereinafter Opposing Defendants)
entitled; RIGHT TO CANCEL (see document 163-2, (EXHIBIT 3, page two of two) and
determined that someone has forged my name on the alleged RIGHT TO CANCEL .
5. Between the years of 2007 and 2009 Kokopelli Workshop Corporation applied for and was
qualified to receive a number of grants that would have substantially benefited the subject
property and enabled full TENDER of plaintiffs full outstanding mortgage debt.
6. In April of 2009, two separate funding committees toured the subject property and favorably
indicated that the subject property would entitled to a land development grant for $2,000,000 -
$16,000,000 during the period running from 2010-2013.
2| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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7. In November of 2009 financial director Andrea Million was notified that all Kokopelli
Workshop Corporation 2009-2010 Application for 2011-2013 grant funding must be
withdrawn subsequent to a preliminary title report and project examination revealing that
MTGLQ Investors L.P. (not Kokopelli Workshop Corporation) was in legal possession of the
headquarters property title.(see exhibit IV)
8. On June 23, 2012 I drafted, printed and caused to be delivered by USPA mail, a FORMAL
WRITTEN REQUEST for a personal meeting date for the purpose of negotiating out of
court resolution of all outstanding discovery disputes with defendants Litton Loan Service and
MTGLQ Investors L.P. by means of a letter addressed to Litton Loan Service and MTGLQ
Investors L.P. care of their attorney of record: Sara Attorney Markert Loughran at HOUSER& ALLISON, APC 701 Palomar Airport Road, Suite 200, Carlsbad, California 92011, and as
of the date of the drafting of this declaration, attorney Sara Attorney has yet to provide a date
she is willing to meet and confer to resolve these issues. A true and valid copy of my above
referenced letter dated June 23, 2012 has been attached as Exhibit VI to the supporting
memorandum of points and authorities filed concurrently herewith.
9. In this same letter of June 23, 2012, I therein requested to personally meet and confer
regarding defendants failure to respond to Plaintiffs First Set of Interrogatories and paragraph
#4 of my letter inquired as follows:
If defendants Litton Loan Service and MTGLQ Investors L.P. and their counsel insists on
maintaining their former position that formal discovery has commenced; then pursuant to Rule33 of the Federal Rules of Civil Procedure, defendants were served with Plaintiffs First Set ofInterrogatories and it has been almost 45 days and no responses to date have been provided byeither defendant so will counsel also agree that our meeting will also serve to meet and conferbefore Plaintiffs file a motion to compel answers to plaintiff First Set of Interrogatories servedseparately to Litton Loan Service and MTGLQ Investors L.P..?
These same requests were reiterated in several subsequent emails addressed to defendants
attorney Sara Attorney Markert at; Sara L. Markert; and
3| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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copies of these requests for a conference date were concurrently sent to all other parties in
interest at; Joseph E. Floren; [email protected]; Gwen
Ribar; William Idleman ;
"[email protected]" ; "[email protected]"
; "Bronk, Michelle M." ;
"[email protected]" [email protected]
10. As of todays date, July 8, 2012, defendants attorney Sara Attorney Markert has sent
several incomprehensible answers that seem to berate plaintiff for their failure meet and confer
and concurrently completely fail provide a tentative date for a personal meeting to negotiate an
out of Court resolution to ongoing discovery dispute issues .
11. As near as I can tell Sara Attorney Markerts position is that if Plaintiff Betty Bryan cannot
leave her sickbed and come to the offices of HOUSER & ALLISON, APC 701 Palomar
Airport Road, Suite 200, Carlsbad, California 92011, to discuss these issues Attorney
Markerts will not commit to a personal meeting with Plaintiff Catherine Bryan.
I declare under penalty of perjury under the laws of the United States of America, that all the
foregoing information is true and correct.
Executed on this day of July 9, 2012,
____________________________ Catherine Bryan, Plaintiff In Pro Se
4| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
mailto:[email protected]:[email protected] -
7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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EXHIBIT I
5| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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EXHIBIT II
6| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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EXHIBIT III
7| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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7/31/2019 Declaration in Support Ofreply to Strike Forged Doc
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EXHIBIT IV
8| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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CERTIFICATE OF FILING AND SERVICE
I Catherine Bryan plaintiff in the above entitled action do hereby certify that on July 9, 2012, I
filed an original signed copy of the above-and-foregoing pleading with to the UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA and concurrently served a true and
correct copy by mail to the following parties: Litton Loan Service and MTGLQ Investors L.P. c/o Sara L.
Markert, Esq.at ATTORNEY SARA L. MARKERT, ESQ. HOUSER & ALLISON, APC
701 Palomar Airport Road, Suite 200, Carlsbad, California 92011 & Select Portfolio Servicing and Bill
Koch c/o ; Wright, Finlay and Zak at 4665 MacArthur Court, Suite 280, Newport Beach California 92660.
By: __________________________________
Catherine Bryan
9| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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10| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
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11| DECLARATION OF CATHERINE BRYAN IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS MTGLQ AND
LITTONS OPPOSITION TO PLAINTIFFS EX PARTE MOTION TO STRIKE A FALSE AND FORGED RIGHT TO CANCEL
DOCUMENT
