California 'Quiet Title' Victory Paul Nguyen v. Chase Et Al

Case 2:09-cv-04589-AHM-AJW Document 127 Filed 09/15/10 Page 1 of 4 Page ID #:1150
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 PAUL NGUYEN, et al., ) CASE NO. CV09-4589-AHM (AJWx)
)
12 Plaintiff, ) ORDER OF DEFAULT JUDGMENT
) AND OTHER EQUITABLE RELIEF
13 v. ) AGAINST CHASE BANK USA, N.A.;
) AND CHASE HOME FINANCE, LLC
14 CHASE BANK USA, N.A., et al., ) AND, JUDGMENT AGAINST FIRST
) AMERICAN LOANSTAR TRUSTEE
15 Defendants. ) SERVICES, LLC.
_______________________________)
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17 Plaintiffs PAUL NGUYEN (hereinafter “PAUL”) and LAURA NGUYEN
18 (hereinafter “LAURA”) (hereinafter collectively “NGUYEN”), filed a Complaint
19 and Second Amended Complaint [Docket #96] for rescission and damages, quiet
20 title and unfair business practices. The lien is evidenced by the deed of trust
21 recorded on December 12, 2007, in the Official Records of Orange County, as
22 Document Number 2007000731120, against Plaintiffs’ real property commonly
23 known as 16141Quartz Street, Westminster, California 94825 (“the Property”),
24 and more fully described below:
25 LOT 44 TRACT NO. 8977, IN THE CITY OF WESTMINSTER,
26 COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
27 RECORDED IN BOOK 369, PAGE(S) 46 AND 47 OF
28 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
1 RECORDER OF SAID COUNTY. Assessor’s Parcel No.: 107-903-

2 44.
3 Defendants Chase Bank USA, N.A. and Chase Home Finance, LLC (collectively
4 “Chase”) failed to submit the required pre-trial documents and failed to comply
5 with certain orders issued by this Court.
6 Therefore, for reasons and findings stated on the record, it is hereby ordered
7 that default judgment is entered against Chase Bank USA, N.A. and Chase Home
8 Finance, LLC on Plaintiff’s Second Amended Complaint. Defendant First
9 American Loanstar Trustee Services, LLC failed to file the mandated pretrial
10 documents and did not even appear at the pretrial conference. However, it
11 precisely “agree[d] to be bound by whatever non-monetary Order or Judgment
12 this Court issues with regard to the Deed of Trust.” Accordingly, Defendant First
13 American Loanstar Trustee Services, LLC shall be and is bound by this Judgment.
14 Therefore, it is ORDERED, ADJUDGED and DECREED as follows:
15 JUDGMENT
16 1. This Court has jurisdiction over the subject matter of this case and
17 over the Defendants.
18 2. Venue as to the Defendants in the Central District of California is
19 proper.
20 3. Default judgment is hereby entered against Chase Bank USA, N.A.
21 and Chase Home Finance, LLC and in favor of Plaintiffs Paul
22 Nguyen and Laura Nguyen on all claims in Plaintiffs’ Second
23 Amended Complaint.
24 4. IT IS THEREFORE ORDERED that the Deed of Trust recorded with
25 Orange County Recorder as instrument No. 2007000731120 on
26 12/12/2007 is wholly voided as to plaintiff Laura Nguyen.
27 5. IT IS FURTHER ORDERED that Defendant First American
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1 Loanstar Trustee Services record a DEED OF RECONVEYANCE to

2 reconvey unto Plaintiffs thereto all right, title and interest which was
3 heretofore acquired by First American Loanstar Trustee Services
4 under deed of trust recorded with Orange County Recorder as
5 instrument No. 2007000731120 on 12/12/2007.
6 6. IT IS FURTHER ORDERED that all adverse claims against property
7 known as 16141 Quartz Street, Westminster, CA 92683 are quieted.
8 The legal description of said property is:
9 LOT 44 TRACT NO. 8977, IN THE CITY OF
10 WESTMINSTER, COUNTY OF ORANGE, STATE OF
11 CALIFORNIA, AS PER MAP RECORDED IN BOOK
12 369, PAGE(S) 46 AND 47 OF MISCELLANEOUS
13 MAPS, IN THE OFFICE OF THE COUNTY
14 RECORDER OF SAID COUNTY. Assessor’s Parcel
15 No.: 107-903-44.
16 7. IT IS FURTHER ORDERED that the Promissory Note dated
17 12/12/2007 executed by Plaintiff Paul Nguyen in favor of Chase
18 Bank USA, N.A. rescinded pursuant to 15 U.S.C. §1635(i).
19 8. IT IS FURTHER ORDERED that pursuant to 15 U.S.C. §1635(b),
20 Plaintiffs had made offer to tender the loan evidenced by promissory
21 note dated 12/12/2007 and Defendant Chase Bank USA, N.A. did not
22 take possession within 20 days after tender by the Plaintiffs.
23 Therefore, ownership of the loan proceed is vested in the Plaintiffs
24 without obligation on their part to pay for it.
25 9. IT IS FURTHER ORDERED that Defendant Chase Bank USA, N.A.
26 within 20 days after entry of judgment shall return to the Plaintiffs
27 any money or property given as earnest money, down payment, or
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1 otherwise pursuant to 15 U.S.C. §1635(b).

2 10. IT IS FURTHER ORDERED that Plaintiffs are awarded their costs
3 of suit, to be paid by Defendants Chase Bank USA, N.A. and Chase Home
4 Finance, LLC, in an amount to be determined by the Clerk of the Court.
5 DATED: September 15, 2010
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7 ____________________________
The Honorable A. Howard Matz
8 JS-6 United States District Judge
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California 'Quiet Title' Victory Paul Nguyen v. Chase Et Al

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Case 2:09-cv-04589-AHM-AJW Document 127 Filed 09/15/10 Page 1 of 4 Page ID #:1150

1 RECORDER OF SAID COUNTY. Assessor’s Parcel No.: 107-903-

1 Loanstar Trustee Services record a DEED OF RECONVEYANCE to

1 otherwise pursuant to 15 U.S.C. §1635(b).

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