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 1

VS.

United States Bankruptcy Court Southern District of California

In re: Robert Salzano, Debtor Case No. 11-09586-LA13

Robert Salzano Plaintiff Adversary Case No._____________

Deutsche Bank National Trust Company Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust 2006-A16, Mortgage Pass-Through Certificates, Series 2006-P under the Pooling and Servicing Agreement dated December 1, 2006 Aztec Foreclosure Corporation L.P.S. MERS a.k.a. Lender Processing Services a.k.a. Mortgage Electronic Registration Systems

One West Bank FSB Indymac Bank Homecomings Financial Network Inc Does 1 through 1000 Defendants

ADVERSARY COMPLAINT

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 29 2

to Determine Secured Status, Remove Cloud from Title, Sanctions, and Other Relief

JURISDICTION & VENUE

This is an adversary proceeding brought pursuant to Rule 7001 of the Federal Rules of Bankruptcy Procedure. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 157 and 1334 and 11 U.S.C. 105 and 542. This contested matter is a core proceeding as defined by 28 U.S.C. 157. Venue is proper under 29 U.S.C. 1409.

PARTIES Plaintiff, has standing to bring this action pursuant to 11 U.S.C. 323, 1302, and 1330.

Defendant Deutsche Bank National Trust Companys principal place of business located at 60 Wall Street Front 1, New York NY 10005-2836. Defendant may be served with process of this Court. Individually this defendant will be referred to as Deutsche NY herein below.

Defendant Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust 2006-A16, Mortgage Pass-Through Certificates, Series 2006-P under the Pooling and Servicing Agreement dated December 1, 2006 whose principal place of business located at 1761 E. St. Andrews Place, Santa Ana CA92705-4934 and

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 29 30 31 32

where defendant may be served with process of this Court. Individually this defendant will be referred to as Deutsche herein below.

Defendant Aztec Foreclosure Corporation with its principal place of business located at 3300 North Central Avenue, Suite 2200, Phoenix, AZ 85012 defendant may be served with process of this Court upon any officer of the corporation by mailing a copy of the summons and complaint to the principal place of business. Individually this defendant will be referred to as Aztec herein below.

Defendant L.P.S. a.k.a. Lender Processing Services with its principal place of business located at 601 Riverside Avenue, Jacksonville FL 32204 Phone 904.854.5100 (Toll-free) 800.991.1274 Defendant may be served with process of this Court upon any officer of the corporation by mailing a copy of the summons and complaint to the principal place of business. Individually this defendant will be referred to as LPS herein below.

Defendant MERS a.k.a. Mortgage Electronic Registration Systems Inc.

exists and

organized under the laws of Delaware and has an address and phone of PO Box 2026, Flint MI, 48501-2026 phone (888) 679-MERS Defendant may be served with process of this Court upon any officer of the corporation by mailing a copy of the summons and complaint to the principal place of business. Individually this defendant will be referred to as MERS herein below.

Defendant One West Bank FSB is located at 888 East Walnut Street, Pasadena, CA 91101. Defendant may be served with process of this Court upon any officer of the corporation by mailing a copy of the summons and complaint to the principal place of business. Individually this defendant will be referred to as One West herein below.

Defendant Indymac Bank is located at PO Box 4045, Kalamazoo, MI 49003-4045. Defendant may be served with process of this Court upon any officer of the corporation by
3

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

mailing a copy of the summons and complaint to the principal place of business. Individually this defendant will be referred to as Indymac herein below.

Defendant Homecomings Financial Network Inc. can no longer be located and is believed to be out of existence. Unknown Defendants Does 1 through 1000 are corporate entities and/or individuals that may have a legal interest in the promissory notes, Deed of Trust,

BACKGROUND
A notice of default was filed February 10 2011 at 8 AM in the San Diego County Recorders Office. Initiating the foreclosure is Aztec Foreclosure Corporation 3300 N. Central Ave. Suite 2200 Phoenix, AZ 85012. The Deed of Trust executed by Robert Salzano is recorded in the office of the San Diego County Recorders office July 13, 2006 as document number 2006-0494211. The Deed of Trust names Homecomings Financial Network as "Lender" The Deed of Trust names Mortgage Electronic Registration Systems MERS as "Beneficiary in Nominee Only" The foreclosure is initiated by Aztec on behalf of Deutsche National Bank Trust Company as Trustee of Residential Asset Securitization Trust 2006 -A16, Mortgage Pass-Through Certificates Series 2006-P, Under the Pooling and Servicing Agreement dated December 1 2006. On May 12, 2011 and Assignment of Deed of Trust is recorded in the office of the San Diego County recorder as document number 2011-0246693.
4

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

TIMELINE February 10, 2011 Notice of Default filed with County Recorder by Aztec for Deutsche. Copy is attached as Exhibit- A March 09, 2011 Substitution of Trustee by Deutsche substituting Aztec for Chicago Title. Copy is attached as Exhibit- B May 4th, 2011 Assignment of Deed of Trust from MERS and Homecomings to Deutsche. Copy is attached as Exhibit-C May 16, 2011 Notice of Trustees Sale filed with County Recorder. Copy is attached as Exhibit-D

ALLEGATIONS 1. Homecomings could not have assigned any interest on the assignment Exhibit C because it was no longer in existence on this date. Furthermore in order for Homecomings to have assigned its interest in the Note and Deed of Trust it would have to be in the form of a properly executed and acknowledged assignment on the face of, or properly attached allonge in the event there wasnt enough space, to both the Note and Deed of Trust before they (Homecomings) no longer existed. 2. MERS as Beneficiary Nominee for Homecomings with no pecuniary interest is an oxymoron all in itself. Nonetheless if there does not exist a proper assignment and acknowledgement of the Note and Trust Deed from Homecomings, then MERS
5

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

Notwithstanding the Question of Fact of its claim as beneficiary has nothing to assign. Furthermore it received no valuable consideration. It also stands to reason that Homecomings did not request the assignment as they do not exist. MERS cannot assign anything, because they are not the true owner or holder in due course. L.P.S. requested the recording, and requested the document be sent to One West. Deutsche claims to be legal holder in due course. Deutsche is the obvious entity that requested the assignment. Discovery requested. Finally MERS in the assignment claims that together with the NOTE and monies due etc. transfers all to Deutsche. If MERS has/had the Note and transferred it, then that Note would show proper endorsements and chain of title If MERS did not transfer the NOTE as it claims this would indicate fraud. Discovery requested. 3. Deutsche is not the Holder in Due Course with an Unbroken Chain of Title and in its attempt to make itself look as though it is; it has only served to further prove that it is not. The Pooling and Servicing Agreement (PSA) that creates & regulates this trust specifically states that all mortgages and notes that are to be contained in this trust are to be identified by the closing date of the trust. The closing date is December 1, 2006. The Pooling and Servicing Agreement for the Residential Asset Security Trust dated December1, 2006, Mortgage Pass-Through Certificates Series 2006P accompanies this complaint and is marked Exhibit-E and directly accessable from the SECs website
http://www.sec.gov/Archives/edgar/data/1384692/000090514807000187/0000905148-07-000187.txt

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

In accordance with Article II sections 2.01 -2.07 of the Pooling and Servicing Agreement Dated December 1, 2006 all documents for each and every loan in the trust, must be delivered to the trustee including the original Deed of Trust and Note together with its assignments to the R.A.S.T.in a recordable condition showing a clear and unbroken chain of title and assignments. These physical mortgage files must be delivered to the trustee upon or within days of the closing date of this trust. Again December 1, 2006. In this instant case the Note and Deed of Trust recorded July 13, 2006, would have been packaged-up with assignments in recordable condition then transferred physically to the Trustee of this R.A.S.T. by December 1, 2006 or thereabout in accordance with the PSA. These documents would show the Note and Deed of Trust being assigned to R.A.S.T. back in December of 2006. If they do not, then this particular R.A.S.T. is not Holder in Due Course with and unbroken Chain of Title as required by the PSA. Furthermore this Trust is not allowed to accept loans that are in default, which in itself would prevent Deutsche Bank as Trustee of this trust from accepting this loan into this trust. The Trust is permitted to Only exchange bad or non performing loans for good loans and only within the first two years from the closing date. This is done as part of the guarantee of the seller to the investor. Deutsche would have had to have in its possession the Note and Deed of Trust with the properly acknowledged assignments to execute an assignment legally. The assignments would show a chain of title unbroken from Homecomings. It is literally impossible for Deutsche to obtain legal possession of this Trust Deed and Note in the manner set forth in Exibit-C from Homecomings when Homecomings no longer exists.

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 29

If Deutsche really owned the Note and Trust Deed there would be no reason to create or cause to be created the assignment Exhibit-C It appears that L.P.S., Aztec Foreclosure Corporation, One West Bank, Deutsche Bank National Trust and Deutsche Bank National Trust as Trustee of the Residential Asset Securitization Trust 2006-A16, Mortgage Pass-Through Certificates, Series 2006-P. have all conspired to knowingly and willingly commit fraud by creating this assignment in an attempt to legitimize an unlawful and illegal gain.

COUNT I - DETERMINATION OF SECURED STATUS The allegations set forth in allegations 1 through 3 above are incorporated herein by reference.

Note and Deed of Trust were not transferred into the Trust prior to the Cut-off Date, or any contractual extension thereof, as set forth in the PSA.

At no time relevant hereto did Deutsche hold both the Note and Deed of Trust. Therefore, Deutsche did not have standing to file or caused to have filed the assignment Exhibit-C Pursuant to 11 U.S.C. 506(d) the lien is void. Therefore, any claim of Defendants should be deemed unsecured and the deed of trust void and/or satisfied.

COUNT II - REMOVE CLOUD FROM TITLE The allegations set forth in allegations 1 through 3 above are incorporated herein by reference.
8

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 29 30 31 32 33 9

Based upon the foregoing allegations, Plaintiffs The Deed of Trust executed by Robert Salzano recorded in the office of the San Diego County Recorders office July 13, 2006 as document number 2006-0494211 secures nothing for its alleged holder Deutsche and, is therefore, a cloud on the title.

Plaintiff requests an order of this Court finding that the Deed of Trust is a cloud upon the title of Debtor and that it shall be stricken from the land records of San Diego County, California. Further, Plaintiff requests such other relief to which he or this bankruptcy estate may be entitled. COUNT III FRAUD The allegations set forth in allegations 1 through 3 above are incorporated herein by reference. Plaintiff entitled to an award of actual damages in the amount determined by this court and punitive damages in an amount sufficient to punish all defendants and the costs associated with this action, including reasonable attorneys fees. In May 2011 Deutsche, MERS, L.P.S., One West, knowingly and willingly created or caused to be created Exhibit-C an assignment intent to defraud the Plaintiff in an attempt it hoped would support its claim as being secured. Said document was a purported Assignment of Deed of Trust executed by Homecoming (non-existent) and MERS to Deutsche who should have had the same back in 2006 before the trust closed or very shortly after in accordance with the PSA Plaintiff requests that Court invoke its powers granted to it by 11 U.S.C. 105(1) and issue such order, process or judgment necessary to address the fraud of the above defendants and to prevent any future fraud or abuse of process.

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 29 30 31

WHEREFORE, PREMISES CONSIDERED, 1. Plaintiff, prays that this Court enter its order granting judgment for the following:

2.

Determination that none of the defendants hold both the Note and Deed of Trust;

3.

A finding that the Deed of Trust is either void or satisfied and an order to the clerk to strike it from the land records;

4.

A finding that the defendants purposefully and knowingly committed fraud upon the Plaintiff and order such sanctions and other remedies necessary to address such fraud and to prevent any future fraud or abuse of process; and

5.

Such other relief to which the Plaintiff and this bankruptcy estate may be entitled.

4 Fed. R. Bankr. P. 9011(b).

Dated: June 27, 2011 Respectfully submitted,

_____________________________ Robert Salzano PO Box 2674 Valley Center, CA 92082 (760) 580-5571

10