Notice to Take Default 2 18 2011

8/3/2019 Notice to Take Default 2 18 2011

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IN THE CIRCUIT COURT OF THE STATE OF OREGONFOR THE COUNTY OF LANE

Michael and Donna Esauk,husband and wife, pro se )))))))))))SHAPIRO & SUTHERLAND, LLC, TRUSTEE )KELL Y D. SUTHERLAND OSB#873575 )))))))

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Civil Action No.: 1611 00139Plaintiff.

vs. INTENT TOTAKEDEFAULT IN 10DAYS

BENEFICIAL OREGON, INC., dbaBENEFICIAL MORTGAGE, CORP., aforeign company; dba HSBC CONSUMERLENDING MORTGAGE SERVICING PRE DISCOVERY

FAILURE TO DISCLOSEAnd To

JOHN AND JANE DOES (Investors) 1-10,000and XYZ CORPORATIONS 1-10, et al.,Defendants.

QUIET THE TITLEFiled in the Record

NOTICE FOR REQUEST OF CONFIRMATION:INTENT TO TAKE DEFAULT IN 10 DAYS

Letters dated January 23, 2011 and February 4, 2011 attachedPre Default Request Relating to Terms and Conditions of

Agreement and Adequate Assurance of Due Performance thatFinance Company did not Breach Agreement, and OfferPending Validation to settle this suit with out further damages

to all parties. Time is of the essence and full disclosure before ~k:,court actions commences. Response by February 28, 2011- ~Re: Account # 17499195, and LOAN AGREEMENT 8115 /2007 Loan Number 661706-

00-583004 the crossed out number # 583004 and added hand written number # 583080 then theTrust Deed #501 7 06 of the Loan Instrument for the claimed debt is disputed in letter dated

INTENT TO TAKE DEFAULT IN 10 DAYS


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December 10, 2010 and the first time we ever saw this copy of the LOAN AGREEMENT whichwe believe to not be true and a fake because it was not filed in the Lane County Deeds and VRecords. Please provide the true copy both sides NOTE and the ,killongeto the Trust Deed andthe changing of numbers to quiet the title. Also to determine the obligated you must provide methe details of what the entire Agreement is, and if you performed according to the Agreement.

1. Please explain here:Re: False Foreclosure and Sale of Property without proof as requested tJovember 2nd and

9th 2010 of the nature and intent of the non disclosed parties and accounting required underRESPA TILA and FDCP to verify the foundation of who credit was used and who is the Holderin due Course of the Note, Allonge and the Deed of Trust. -- - - - - - -

2. Please explain and provide a conclusion:Dear Beneficial of Oregon Inc.; HSBC, Shapiro and Sutherland, LLC, officer and/or

Agent for alleged Lender,Ithas come to the attention of the alleged Borrower, after much consultation and research of

the United States Code, the corresponding Code of Federal Regulations, the UniformCommercial Code, and certain Federal Reserve Bank Publications, that there is reason to believethat the alleged Lender is not the Holder in Due Course of the Borrower's alleged loan contractor retail installment agreement and/or may have breached the contract/agreement concerning theabove-referenced loan.

Since the Borrower agreed to perform according to the contract/agreement, the Borrower isnow hereby requesting Adequate Assurance of Due Performance that the alleged Lender hasperformed according to the Retail Installment Sale Contract and that the original lender usedtheir own money to purchase the Borrower's contract/agreement and did not accept theBorrower's contract/agreement as money or like money to fund a checkor similar instrumentthat the alleged Lender then lent to the Borrower - which would have an economic effect similarto stealing, counterfeiting, and swindling - and that the alleged Lender has followed the FederalLaws 12 USCA Sec. 1831n(a)(2)(A) and/or 12 CFR 741.6(b) regarding Generally AcceptedAccounting Principles and Generally Accepted Auditing Standards concerning the alleged"loan".

Please TAKE NOTICE that this is not a refusal to pay a debt, but we disputing the allegeddebt referenced by the above account, and we are making this good faith Offer to pay in full, thealleged debt to Triad Financial Corporation, provided you can verify and validate said debt byproviding to us Adequate Assurance of Due Performance.

_3. Please explain here: Validation requires confirmation of correctness, truth, orauthenticity bv affidavit, oath, or deposition.This verification of Adequate Assurance of Due Performance should include, but not be limitedto, answering the enclosed questions verifying the terms and conditions of the alleged loan, point

2INTENT TO TAKE DEFAULT IN 10 DAYS


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by point. The living person who signs the affidavit and answers the inquiries must be competentto testify, must have personal knowledge. must make all statements under penalty of perjuryunder the Laws of the United States, and must make statements that are true, correct. complete.and not misleading.This will be used in the Complaint filed January 5. 2011 and take default on you and yourprinciple.~

4. Please explain in general terms of the contract/agreement must include the following:t./' The alleged Lender must use its own money or credit as adequate consideration to purchasethe contract/agreement from the alleged Borrower to repay the loan.~ The alleged Lender involved in the alleged loan did not accept anything of value from

alleged Borrower that would be used to fund a check or similar instrument in approximately theamount of the alleged loan.V The alleged Lender must follow the generally accepted accounting principles as required by

CPA audit opinions.

money.All material facts are to be disclosed in the written contract/agreement.

The intent of the contract/agreement is that the party who funded the loan is to be repaid the~v

~ The alleged Borrower must repay the loan in the same specie of money or c~edit or thing of...alue the financial institution involved in the loan used to fund the loan check or similarinstrument thus ending all interest and liens.

V-. The loan transaction does not create the economics similar to stealing, counterfeiting andswindling. -~nlY 0 : party signed the alleged Note and Deed of Trust and the Lender was not present V

According to standard bank bookkeeping entries, it would seem the alleged Lender breachedall 7 basic elements of the alleged contract/agreement and then concealed material facts of thealleged contract/agreement. Therefore, I am demanding Adequate Assurance of DuePerformance that the above 7 elements are part of the alleged loan contract/ credit agreement orwe demand that the alleged Lender return a zero loan balance.

Through much diligent research and certain information from Federal Reserve Bankpublications, the proof that the alleged Lender breached the contract/agreement is that theirassets and liabilities increased while "loaning" the alleged Borrower money; providing primafacia Evidence the alleged Lender recorded a "loan" from the alleged Borrower to the allegedLender. Then, returned the money to alleged Borrower, falsely claiming the money was a "loan"from alleged Lender to alleged Borrower.

,. ,.JINTENT TO TAKE DEFAULT IN 10 DAYS


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The alleged Lender did the opposite of what was advertised and agreed to and concealed thetact that alleged Lender accepted money or credit or thing of value from the alleged Borrowerwhich funded a check or similar instrument in the amount of the alleged loan.

__..-.. 5. Please explain if there is a valid contract/credit agreement, then I demand that youexplain the details of the contract/credit agreement by answering the following inquiries,point by point, by affidavit:1) Is it true that when the Borrower signed the contract/agreement that the contract or agreement

was used as a bank asset to give value to a check or similar instrument or credit to a bankaccohnt resultmg in a new bank asset and new bank liability?- Please respond with a Yes or No, in writing.

2) Is it true that alleged Lender follows Generally Accepted Accounting Principles (GAAP)?Please respond with a Yes or No, in writing.

3) Was "full disclosure" provided regarding whether the borrower was to provide the funding forthe alleged loan per bookkeeping entries?Please respond with aYes or No, in writing.

4) Did alleged Lender accept something of value from the Borrower that was recorded as anasset on the books of alleged Lender resulting in a new liability on the books of allegedLender?

Please respond with a Yes or No, in writing.5) The alleged Lender lent its own money to the alleged Borrower?

Please respond with a Yes or No, in writing.6) Is it the intent of the contract or installment agreement that the party who funded the "loan"

(per the bookkeeping entries) is to be repaid the money lent?Please respond with a Yes or No, in writing.

7) According to the bookkeeping entries of the alleged Lender, when the alleged Borrowersigned the contract/agreement, the alleged Lender accepted a new asset from the allegedBorrower that funded the "loan" in the same transaction?

Please respond with a Yes or No, in writing.8) Did the alleged Lender involved in the "loan" record an asset showing that the alleged

Borrower owes money to the alleged Lender involved in the alleged loan?Please respond with a Yes or No, in writing.

9) Did the alleged Lender follow all Federal Reserve Bank policies and procedures in the loantransaction?

Please respond with a Yes or No, in writing.



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10) Is it true that according to the bookkeeping entries that the alleged Bon-ower funds theloan to the same alleged Bon-ower?

Please respond with a Yes or No, in writing.11) Is it true that according to the bookkeeping entries of the alleged Lender that the alleged

Bon-ower is the lender to the alleged Bon-ower?Please respond with a Yes or No, in writing.12) Is it true that according to the bookkeeping entries of the alleged Lender involved in the

alleged loan that new money or credit was created when the alleged Bon-ower signed thecontract/agreement?

Please respond with a Yes or No, in writing.13) Is it true that according to the contract or installment agreement that the alleged Lender

received permission from the alleged Borrower to deny the alleged Borrower equal protectionunder the loan contract/agreement?

Please respond with a Yes or No, in writing.14) Is it true that according to the contract/agreement that the alleged Borrower agreed to

economics similar to stealing, counterfeiting and swindling against the alleged Borrower?Please respond with a Yes or No, in writing.

15) Is it true that the alleged Lender violated GAAP, generally accepted accountingprinciples, thus making the agreement null and void?

Please respond with a Yes or No, in writing.16) Is it true that the alleged Lender converted the contract/agreement by using the

contract/agreement as value, to give value to a check or similar instrument as proven by thebookkeeping entries thus proving that the alleged Borrower funded the loan and proving thatthe alleged Lender used false statements that the alleged Lender's money funded the loan?

Please respond with a Yes or No, in writing.17) Is it true that the alleged Lender violated the matching principle of GAAP in that if the

alleged Lender accepted an asset from the alleged Borrower, the alleged Lender did not credita liability account showing that the alleged Lender owed money to the alleged Bon-ower forthe asset received from the alleged Bon-ower?

Please respond with a Yes or No, in writing.~ If you refuse to answer these inquiries, we can only presume that there is concealment of

material facts and that the contract/agreement has been altered and stolen and that we providedthe money that the alleged Lender claims was lent to the alleged Borrower.

If you refuse to answer these inquiries and provide an affidaviKorder to provideverification and validation of Adequate Assurance of'Due Pertormance regarding the allegeddebt in question then please return a zero balance statement and return the originalcontract/agreement.



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If you ch,oose to reply via an attorney, who may respond without giving specifics to thesequesUons, said attorney may be added to a future lawsuit, We will then be empowered to call the

~ttorney as a hostile witness and, compel this attorney, under Oath, to explain the Nature andCause of the alleged contract/agreement. Remember, if you allege there is a lawfully bindingcontract or installment agreement. the attorney wi II have to answer the above questions in adeposition or in court under oath.

You both asked for 10 day NOTICE to answer the complaint.Please take further NOTICE that your failure to timely respond and provide to us point by

point answers to all inquiries contained herein and sign the enclosed affidavit within ten (10)days of receipt of this NOTICE will place you in Default. and your Fault will be youragreement that you are refusing our good faith to disclose all transactions made on our Credit.

The alleged Borrower is hereby requesting that an authorized officer or Agent of the allegedLender answer all inquiries contained herein and sign an affidavit with these answers within ten(10) days of your receipt of this notice. This is the alleged Borrower's good faith attempt tosettle this matter and clear up any confusion about the terms of the contract/agreement prior toQuieting the Title on the matter. Failure to respond will be deemed a dishonor of this Notice toobtain discovery as required in our Qualified Written Request., , _ . . . .

This Notice will remain as fact of the Elements of the Agreement and the breach of allegedLender unless alleged Lender disputes this-Notice within 10 days or a Motion t~r Default will betiled for lack of response and fraud on the court.

Further action will be taken against all authorized officer or Agent to take the Notice of Saleand processRespectfully requested,

~4J-Michael and Donna Esauk, pro se1379 N StreetSpringfield, OR 97477(541) 747-9645mdEsauk(Q)mail.com



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Gerold M. ShapiroLicensed in Illinois &

SHAPIRO & SUTHERLAND, LLC FloridaAnOR\:EYS AT L\\\'

David S. KreismanLicensed in Illinois onI)

Kellv D. SutherlandLicensed in Oregon &\\'.l:,hiIlstlln

January 23,2011Mr. Michael EsaukMs. Donna Esauk1379 N StreetSpringfield, OR 97477RE: Esauk, Donna C. & Michael

Circuit Court case no. 161100139Loan no. 0017499195Shapiro & Sutherland, LLC no. 10-104768

Dear Mr. and Ms. Esauk:This shall serve as a follow up to my previous correspondence of January 18, 2011. This shallserve as written requested under ORCP 69 that you provide 10 days written notice of your Intentto seek an Order of Default with respect to Beneficial Oregon, Inc.If you should have any questions regarding this matter, please contact the undersigned.Very truly yours,SHAPIRO & SUTHERLAND, LLC

Managing Partnercc: HSBC Consumer Lending Mortgage Servicingenclosure

5501 N.E. 109th Court, Suite N, Vancouver, Washington 98662 voice: (360) 260-2253 fax: (360) 260-2285


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. . . . . . . B i s h o p , W h i t B , M a r s h a l l & W B i b B i , P . S .ATTORNEYS AT LAW

WILLIAM L B IS HO P, J R"KRISTA L WH ITE'" A NN T . M A RS H AL LD AV ID A W EIB EL 'L AU R IE K . F RI ED L 'ANNETTE E . COOKDANIEL L. H EM BREE-" -H A LL IE N . Z IM M ER M AN 1=B AR BA RA L . B OL LE RO J EF FR EY S . M A C KIE "J ERO ME M . Y AL ON, J R. tT HE RE SE S . H AR RIS tP E TE R R . O ST ER M AW '"R OY T .J . S TE G EN AKATIE A. AXTELL

72 0 O LIV E W AY , S UIT E 1201S EA TILE , W AS HIN GT ON 98 101-18 01

TELEPHONE( 206 ) 6 22 -5306FAX(206) 622 -0354

E-MAILdwe ibel@ bwm legal .c omP h on e E xte n Si on 5 91 6

O f C o un s elK ENN AR D M . G OO DM AN

Also Adm itted in Oregon Also Adm itted in Idaho , A ls o A dm itte d in A la sk a. .. . .. A ls o A d m it te d i n C a li fo rn ia A ls o A dm itte d, " Il lin oi st A dm it te d i n C a l if or n ia

F e bru ary 4 , 2 01 1V ia U .S . M a ilM i ch a e l E s au kD o nn a E sa uk1 37 9 N S tre e tS p rin g fie ld OR 974 77

Re : M ichael and D onna E sau k v , B en efic ia l O re go n, e t a t.La ne C o un ty C ircu it C o urt C a se n o. 161100139

D ea r M r. a nd M rs , E sa uk ,P u rsuan t to ORC P 69(A )(1), I am w ritin g to a dvis e tha t I in te n d to a ppea r in th is a ctio n on beha lf o f

B ene fic ia l O reg on , !n c., dba B ene fic ia l M ortg age , C orp ., a fo re ig n com pany; d ba H SB C C onsum er Le nd ingM o rtg ag e S erv ic in g, P le as e d o n ot ta ke a d efa ult w ith ou t g iv in g m e 10 d ays prio r w ritte n n otice ,

V e ry tr uly y o ur s,B IS HO P, WH IT E, M ARS HA LL & WE IB E L, P .S ,1)~ //\Dav id A. Weh : e l


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CERTIFICATE OF SERVICEORIGINAL delivered to the Court this _ day of , 2010.I HEREBY CERTIFY that a true and correct copy of the COMPLAINT have been furnished bycertified U.S. Mail this date to:

BENEFICIALP.O. BOX 5233CAROL STREAM, IL 60197-5233HSBC CONSUAIJERLENDING MORTGAGE SERVICINGP.D. BOX 3437BUFFALO, NY 14240-9734SHAPIRO & SUTHERLAND, LLC5501 N.E. 109TH COURT, SUITE NVANCOUVER, WA 9866

VBISHOP WHITE AND MARSHALL AND WEIBL, PS720 Olive Way Suit 1201Seattle WA 98101-1801Phone 206-622-5306 FAX 206-622-0354

Fax: (360) 260-2285

Michael and Donna Esauk1379 N StreetSpringfield, OR 97477(541) 747-9645


Notice to Take Default 2 18 2011

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