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In re Cedar Funding Inc.

United States Bankruptcy Court, Ninth Circuit
Apr 5, 2010
08-52709-MM (B.A.P. 9th Cir. Apr. 5, 2010)

Opinion


In re: CEDAR FUNDING, INC., Chapter 11, Debtor. R. TODD NEILSON, Chapter 11 Trustee, Plaintiff, v. LUZ ELENA AGUIRRE, et. al., Defendants. No. 08-52709-MM. United States Bankruptcy Court, N.D. California. April 5, 2010.

          MEMORANDUM DECISION ON TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT

          MARILYN MORGAN, Bankruptcy Judge

         INTRODUCTION

         In this adversary proceeding, R. Todd Nielson, the trustee of Cedar Funding, Inc.'s estate, seeks to avoid certain assignments of deeds of trust that CFI recorded in favor of hundreds of investors who have fractionalized interests in seventy-four separate mortgage loans that CFI originated. The trustee has moved for partial summary judgment with respect to fifty-nine of the deeds of trust asserting that the assignments were recorded either during the ninety day preference period preceding CFI's bankruptcy or after the bankruptcy was filed and constitute preferential transfers within the meaning of § 547(b) of the Bankruptcy Code. If the assignments are avoided, the investors will join the pool of CFI's unsecured creditors.

         PROCEDURE ON SUMMARY JUDGMENT

         The standards and procedures for granting partial summary judgment, also known as summary adjudication, are the same as those for summary judgment. See Calif. v. Campbell, 138 F.3d 772, 780 (9th 1998); Continental Insur. Co. v. Cota, 2010 WL 383367 *2 (N.D. Cal. Jan. 27, 2010). Partial summary judgment "upon all or any part of a claim" is appropriate when the evidentiary proof offered by the moving party shows that there is no genuine issue of material fact as to the specified portion of the claim and the moving party is entitled to a determination as a matter of law. Celotex Corp v. Catrett, 477 U.S. 317, 322 (1986); Fed. R. Civ. P. Rule 56. A plaintiff moving for summary judgment must demonstrate all elements of its claim to prevail. Lockwood v. Wolf Corp., 629 F.2d 603, 611 (9th Cir. 1980). To avoid the fifty-nine deeds of trust at issue, the trustee must provide evidence establishing each element of a preferential transfer claim as to each assignment.

         Some defendants have alleged affirmative defenses to the trustee's complaint. Because defendants bear the burden of proof as to their defenses, the catalog of defenses listed in their answer, without more, is insufficient to avoid summary judgment. Johnson v. Georgia-Pacific Corp., 2009 WL 1311896 at *2 (9th Cir. May 12, 2009); In re MarchFirst, Inc., 2007 WL 4105816, at *5 (Bankr. N.D. Ill. Nov. 15 2007), citing, Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. At a minimum, they must offer sufficient evidence to raise a triable issue of fact as to each element of any defense that they want to pursue.

         FACTS

         Many facts regarding CFI and its operations are recounted in Rollins v. Nielson (In re Cedar Funding, Inc.), 408 B.R.299 (Bankr. N.D. Cal. 2009). To the extent applicable, those facts are incorporated herein with repetition only as needed to properly understand the events pertinent to the pending motion for summary judgment. Only seventy-five of over three hundred and eighty affected defendants have opposed the trustee's motion for summary judgment. The facts, as taken from the evidentiary materials submitted by both sides, are stated in a light favorable to the defendants as required by the standards for summary judgment.

         Prior to bankruptcy, CFI was in the business of making loans secured by trust deeds against the borrowers' real property. Its operations were funded by hundreds of investors who gave CFI money believing that they were acquiring fractional interests in the secured loans that CFI originated. Between 2004 and early 2008, CFI extended the fifty-six real estate loans listed in Exhibit A to various borrowers. In return, CFI received promissory notes from the borrowers and recorded deeds of trust naming CFI as the beneficiary. The defendants against whom the trustee seeks summary judgment, each gave CFI funds that were to be invested and used to acquire fractional interests in one or more of the fifty-six secured loans at issue.

         It was CFI's standard practice to deposit funds from investors into a general account known as the "escrow account" that CFI maintained at Wells Fargo Bank and from which CFI funded loans to its borrowers. In the escrow account, all investor money was commingled along with payments received from borrowers. Shortly after receiving an investment, CFI typically made a bookkeeping entry associating that investment with a particular loan. There is no evidence that CFI deviated from its standard practice with respect to the investments at issue herein. At the time of investment, the defendant investors intended and believed that, in return for their investment, they would receive a fractionalized interest in one or more of CFI's notes and in the corresponding deed of trust securing repayment of the note.

         After tendering funds to CFI, the investors generally received a form acknowledgment letter on CFI letterhead thanking them for their investment in a loan identified in the caption of the letter. While defendants' evidence fails to establish that each defendant affected by this motion received an acknowledgment letter, for purposes of this motion, it will be assumed that they did. The body of the acknowledgment letters indicated that the investors held a specified percentage interest in the captioned loan and advised the investors when to expect the first interest payment on their investment. The letters also reflected that certain loan documents were enclosed. The documents varied from letter to letter, but CFI generally enclosed executed copies of the original note and deed of trust between CFI and the borrower, along with copies of several unexecuted documents, including a Loan Servicing Agreement, a Lender/Purchaser Disclosure Statement, a Promissory Note Endorsement from CFI to the investor and an Assignment of Deed of Trust referencing the investor as an assignee. Sometimes, the letters also enclosed copies of the borrower's Uniform Residential Loan Application, a Preliminary Title Report, an appraisal of the property and an investment overview. The letters routinely asked the investor to sign and return both the Loan Servicing Agreement and the Lender/Purchaser Disclosure Statement. Contrary to the norm, twenty-three defendant investors indicate that they received executed Promissory Note Endorsements from CFI with their acknowledgment letter. Those investors include:

         Note #4929 Antonio Flores undated (enclosed with letter dated 3/1/08) Note #4971 Pensco fbo J. Waldroup undated (enclosed with letter dated 8/27/07) Pensco fbo K. Ramsden undated (enclosed with letter dated 2/27/08) Pensco fbo M. Waldroup undated (enclosed with letter dated 8/27/07) Note #5023 Marvin Spott endorsement dated 7/21/07 Note #5173 Betty Havey endorsement dated 10/22/07 Catherine Lau endorsement dated 10/23/07 Note #5177 Pensco fbo J. Waldroup endated (enclosed with letter dated 2/16/07) Pensco fbo K. Ransden undated (enclosed with letter dated 8/27/07) Pensco fbo M. Waldroup undated (enclosed with letter dated 8/27/07) Note #5317 Cherie Thibodeaux endorsement dated 1/11/08 James Thorsen endorsement dated 1/11/08 Note #5385 Selene Olms endorsement dated 10/17/07 Note #5443 Roy Gunter undated (enclosed with letter dated 1/9/07) Note #5497 Pensco fbo Roy Gunter undated (enclosed with letter dated8/10/07) Note #5498 Blake Cesarin undated (enclosed with letter dated 5/7/07) Note #5537 Catherine Lau endorsement dated 9/19/07 Tom Moss endorsement dated 9/19/07 Gregory/Maria Parrish endorsement dated 9/24/07 William/Joele Swift endorsement dated 9/19/07 Note #5543 James Moore, trustee endorsement dated 9/19/07

         Note #5578 James Hage endorsement dated 1/24/08 Barbara Johns endorsement dated 1/24/08

         Defendants also assert that a few of the note endorsements were accompanied by executed Assignments of Deed of Trust bearing the same date as the endorsement.

         Every time the investors contacted CFI, CFI treated them as if they owned a fractional interest in the loan in which they had invested. Additionally, after CFI associated an investment with a particular note, it began to make regular monthly interest payments to the investor. CFI sent out interest payments to its investors even if the borrower on the loan was not making loan payments. The defendants who responded to the trustee's motion each received monthly interest payments from the time of their investment through March 2008. Starting in April 2008, however, CFI stopped all interest payments to its investors.

         During the first five months of 2008, the California Department of Real Estate and the California Department of Corporations instituted investigations of CFI and its sole shareholder, David Nilsen. On May 16, 2008, the DRE suspended Nilsen's real estate license due to multiple and continuing violations of California's Business and Professions Code, which included the failure to execute and/or record assignments of deeds of trust naming the individual investors as beneficiaries. In an apparent attempt to save his real estate license, between April 14, 2008 and May 21, 2008, Nilsen had CFI execute Assignments of Deeds of Trust reflecting the fractionalized interests that each of the defendants held in the loans at issue. These executed assignments were then recorded with the appropriate county recorder's office. The record dates range from April 21, 2008 to September 9, 2008. In each case, the fractional assignment of CFI's deed of trust was recorded either within the thirty-five day period preceding, or sometime subsequent to, CFI's May 26, 2008 bankruptcy filing.

         DISCUSSION

         To succeed on summary judgment, the trustee must provide undisputed evidence showing that the fractional security interests that CFI assigned to the investors constituted an interest of CFI in property and that the transfers of those interests 1) were for the benefit of a creditor; 2) were on account of an antecedent debt; 3) were made while CFI was insolvent; 4) were made within 90 days of CFI's bankruptcy petition; and 5) would allow the receiving creditor to receive more than it would under a chapter 7 liquidation, without the transfer. 11 U.S.C. § 547(b). The trustee has satisfied this burden.

         With respect to the fifty-six loan transactions at issue, CFI received promissory notes from each of its borrowers. The borrowers also executed deeds of trust, naming CFI as beneficiary, to secure repayment of the notes. Both the deeds of trust and the promissory notes in favor of CFI constituted "legal or equitable interests of the debtor in property." 11 U.S.C. § 541(a)(1). As a result, there is no serious challenge to whether the fractional security interests that CFI transferred to the defendants constituted an interest of CFI in property.

         Turning to whether the transfers effected by the assignments of the deeds of trust were for the benefit of a creditor and were on account of antecedent debt, defendants' own submissions indicate that CFI promised to transfer fractional interests in the notes and deeds of trust to the defendants in return for their investments. There is no dispute that each defendant invested thousands of dollars with CFI. Until CFI accomplished the transfers, the defendant investors were creditors of CFI entitled to the conveyance of their fractionalized security interests in the loans, which is why the trustee has referred to the transactions as "failed sales." When the transfers eventually occurred, they were clearly on account of antecedent debt because the defendants had been entitled to receive their fractional interests since the time of their original investment.

         Based on the opposition papers filed by seventy-five of the defendants, the only real dispute is whether the transfer of the defendants' secured interests in the underlying loans took place during the 90 days immediately preceding CFI's bankruptcy, a time period when CFI is presumed to have been insolvent. Defendants contend that CFI transferred full ownership of their secured interests outside of the preference period in one of two ways: First, they urge that CFI transferred the promissory notes to them prior to the preference period, either by executing a Note Endorsement in favor of twenty-two defendants or because the endorsement was executed by integration into a signed acknowledgment. Alternatively, defendants assert that summary judgment is unwarranted due to questions of fact as to whether they have an equitable lien that pre-dates the preference period. Neither argument is persuasive.

         I. Note Endorsements Outside the Preference Period Do Not Preclude Avoidance of the Liens.

         Section 547(e)of the Bankruptcy Code governs whether or not a transfer is made within the 90 day preference period. According to its terms, for avoidance purposes, a transfer is made:

(A) at the time such transfer takes effect between the transferor and the transferee, if such transfer is perfected at, or within 30 days after, such time;

(B) at the time such transfer is perfected, if such transfer is perfected after such 30 days;

(C) immediately before the date of the filing of the petition, if [a transfer perfected after such 30 days] is not perfected at

(i) the commencement of the case.

11 U.S.C. § 547(e)(2)(A) - (C). Under this provision, for avoidance purposes, a transfer is not necessarily "made" at the time that the debtor completes an effective transfer to the intended transferee. Rather, the court must also consider when the transfer is perfected to see whether the effective date, or the perfection date, or the filing will control.

         Perfection, in turn, depends on whether the transfer involves real property or not. 11 U.S.C. § 547(e)(1). Here, the deeds of trust at issue are interests in real property. In re Cortez, 191 B.R. 174, 178 (9th Cir. B.A.P. 1995). As a result, § 547(e) dictates that the perfection date for the transfers of fractionalized security interests from CFI to the defendants is the date when a bona fide third party purchaser could no longer acquire a property interest senior to the defendants' security interests. 11 U.S.C. § 547(e)(1)(A). State law determines when it is no longer possible to gain a superior interest In re Lewis W. Shurtleff, Inc., 778 F.2d 1416, 1420 (9th Cir. 1985). Under California's real property recording system, the priority of conveyances, with an exception for leases that is not applicable here, is determined by time of recordation, not time of transfer. Cal. Civ. Code §§ 1213-1214; Bratcher v. Buckner, 90 Cal.App. 4th 1177, 1185 (2001). A "conveyance" includes every written instrument by which any interest in real property is created, mortgaged or encumbered, or by which the title to any real property may be affected. Cal. Civ. Code § 1215. Consequently, a deed of trust, as an instrument providing a security or collateral interest in real property, must be perfected by recordation to be binding on subsequent purchasers without notice. Cortez, 191 B.R. at 178. Similarly, any assignment of a deed of trust may be valid as between the assignor and assignee without recording, but it is only upon recording that its priority is perfected and provides constructive notice to third parties to prevent them from gaining a superior interest. Cal. Civ. Code § 2934. See also 4 Miller & Starr, CALIFORNIA REAL ESTATE, 3d ed., Deeds of Trust § 10:39 (2000).

         Defendants argue that their fractional interests were transferred before the 90 day preference period began because CFI transferred the promissory notes to defendants outside the preference period and the transfer of the debt carried their security interests with it. Cal. Civ. Code § 2936. That argument misses the effect of California's real property recording system. The defendants are correct that transfer of the underlying debt would have carried the security with it. Id.; 4 Miller & Starr, at §10:38 (transfer of the debt accomplishes the transfer of the security without the necessity of a formal assignment of the trust deed). Mere transfer of the security interests, however, is only valid between the assignors and assignees of the security interests. To be effective against third parties, or "perfected" within the meaning of § 547(e), the assignment or transfer of the deeds of trust had to be recorded. Id. § 2934 .

         Applying the above standards to the facts of this adversary proceeding, the evidence establishes that all but five of the assignments were executed before March 1, 2008. It is also undisputed that those executed assignments were all recorded between April 21, 2008 and September 9, 2008. Thus, they were all perfected more than 30 days after the transfer of the fractional interests became effective between the parties. According to § 547(e)(2)(B), then, all transfers recorded prior to the May 26, 2008 petition date were "made, " for purposes of avoidance, at the time of perfection. For those that were recorded after the May 26, 2008 petition date the transfers are deemed to be "made" immediately before the filing of the petition. § 547(e)(2)(C).

         With respect to the remaining five notes (Nos. 5023, 5173, 5358, 5533 and 5560), defendants' chart indicates that the assignments were executed in mid-April 2008. Two of those five assignments were recorded more than 30 days after they were executed. As a result, the perfection date is the date the transfer was made. Id. at § 547(e)(2)(B). For the last three, however, the assignments were recorded within than 30 days of the date reflected on the Assignments of Deed of Trust. Viewing this evidence in the defendants' favor, the transfers were "made" on the date set forth in the assignments. Id. at § 547(e)(2)(A). Because that date was in mid-April, however, the transfers again were "made" within the 90 day preference period.

         II. The Circumstances Of This Case Dictate That The Principle of Ratable Distribution Trumps Any Right To An Equitable Lien.

         Defendants urge that summary judgment is also inappropriate because there are questions of fact regarding whether the defendants have an equitable lien that transferred the equity of their security interests to them back at the time of their investment in CFI. They reason that only bare legal title was transferred when the trust deed assignments were recorded during the preference period, and therefore their equitable liens are not subject to avoidance as preferences. This argument does not preclude the entry of summary judgment for the trustee.

         Even if there is a triable issue of fact as to whether an equitable lien could be imposed, caution is required before exercising this inchoate equitable power in the bankruptcy context. In re North American Coin & Currency, Ltd., 767 F.2d 1573, 1575 (9th Cir. 1985). Once bankruptcy intervenes, the right to an equitable lien should be balanced against bankruptcy principles of ratable distribution. See Rollins, 408 B. R. at 314-16. For the reasons explained in the Rollins decision, CFI's bad business practices, including the commingling of investment monies from individual investors with payments from borrowers, precludes the recognition of an equitable lien in favor of any particular claimant. To prefer one claimant by awarding an equitable lien would be unfair to potential competing equitable claims to the same property. Id. at 316.

         Further, it would make little sense to impose an equitable lien under the circumstances of this proceeding because any such lien would be avoidable as a preference. As one leading bankruptcy treatise has recognized, "for purposes of Code § 547, an equitable lien is transferred when steps to declare or enforce it are taken and without the benefit of any relation-back principle." 4 NORTON BANKRUPTCY LAW AND PRACTICE § 66.17 (3d ed. 2008). Accord Cadle Company v. Mangan, 316 B.R. 11, 22-23 (D. Conn. 2004)(finding the analysis set forth in NORTON persuasive). This conclusion is consistent with both the language of the Code and its historical treatment of equitable liens. As already discussed, under § 547(e), a transfer of an interest in real property is deemed to occur only when a bona fide purchaser without notice of the lien can no longer obtain a superior interest. Significantly, no relation back principle is recognized in that standard. Although § 546(b) of the Code limits some avoiding powers by preserving relation back features of state law, § 547 is conspicuously absent from the list of Code sections that remain subject to state law relation back rules. The historical treatment of equitable liens under the preference laws also supports the conclusion that equitable liens do not relate back for preference purposes. See 4 NORTON at § 66.17 (discussing the Bankruptcy Act's adoption of a bona fide purchaser test for preference laws, which operated to avoid many equitable liens and the subsequent effect of the Uniform Commercial Code, which eliminated the need for special provisions regarding equitable liens). Even though an equitable lien, once imposed, is said to relate back to the time of the conduct creating it, as an unrecorded lien, it only takes precedence over subsequent attaching judgment creditors, not bona fide purchasers. First Fidelity, 60 Cal.App. 4th at 1440-41; Jud Whitehead, 111 Cal.App. 2d at 873. Thus, under § 547 and the facts of this case, the imposition of an equitable lien would not prevent the trustee from avoiding it.

         III. Summary Judgment Is Not Otherwise Improper.

         The seventy-five defendants who filed opposition to the trustee's motion for summary judgment finally complain that the trustee's motion seeks relief that goes beyond the claims alleged in the complaint. However, the trustee, quite simply, seeks a determination as a matter of law that the security interests of the defendants constitute avoidable preferences. A review of the moving papers uncovers no attempt to expand the scope of the complaint.

         Further, defendants have offered no evidence to support the majority of the affirmative defenses that they have alleged. To the extent that these defenses are not supported by any evidence, they cannot prevent the entry of summary judgment in the trustee's favor. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553;. MarchFirst, , 2007 WL 4105816, at *5.

         Finally, over 300 defendants have failed to lodge any opposition to the trustee's motion for summary judgment. When an opposing party does not respond to a motion for summary judgment, the motion should, if appropriate, be granted. Fed. R. Civ. P. Rule 56(f). Because these defendants have not raised any factual disputes and the trustee has established his entitlement to relief as a matter of law, summary judgment is also appropriate against the defendants who have failed to respond.

         CONCLUSION

         For the reasons explained, the trustee's motion for partial summary judgment is granted in favor of the trustee and against the defendants with respect to the fifty-nine Assignments of Deed of Trust referenced in Exhibit A.

         Good cause appearing, IT IS SO ORDERED.

         EXHIBIT A

         1.

         CFI Loan # 4779

         Property Address: 11174 Crane St. (Pomber St.), Castroville, CA 95012

         Record Date of Assignment: 5/29/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Karen Feistman, Trustee of the Peter Feistman and Karen Feistman Trust UTD dated 3-11-1993; Willy J. Grundherr and Deborah L. Grundherr, Trustees of the Grundherr Living Trust; Zenon Obydzinski and Beata A. Obydzinski; Mark J. Penniman and Gail S. Penniman; Gabriele D. Swanson, Trustee of the Gabriele D. Swanson Trust UTA dated 06/04/92; Michael Clark, Trustee of the Clark Trust

         2.

         CFI Loan # 4830

         Property Address: 71 Via Desconso, Monterey, CA 93940

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: David P. Beck and Maria G. Beck

         3.

         CFI Loan # 4928

         Property Address: 16 Vista Ladera, Carmel Valley, CA 93924

         Record Date of Assignment: 7/29/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Cyd Love FBO Nicholas Tucker; Ellen Jasnosz, Trustee of the Ellen Jasnosz Trust UTA 5/17/02; Lawrence A. Weingarten and Suzanne Weingarten; Rose Marie Cuva, Trustee of the Cuva 1985 Trust dated Oct. 3, 1985; Gordon B. Kennedy

         4.

         CFI Loan # 4929

         Property Address: 38767 Palo Colorado, Carmel, CA 93923

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Pensco Trust Co., Custodian FBO Kipp Stewart; Kevin Muir and Denise E. Muir, Trustees of the Muir Family Trust dated July 14, 2003;; David P Rauen and Ann E. Rauen; Anthony Johnson and Judith A. Johnson, Trustees of the Johnson Trust dated April 19, 2001; Ivan B. Joffer and Nancy Joffer; Gloria B. Flores and Nicanor R. Flores; Phyllis A. Endicott; Thomas A. Jasnosz and Katheryn G. Peters; Antonio Flores and Debora Flores, Trustees of the Flores Family Trust dated Dec. 22, 1995

         5.

         CFI Loan # 4951

         Property Address: 122 Via Del Milagro Lot 60, Monterey, CA 93940

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Daniel Tarallo; Pensco Trust Co. Custodian fbo May S. Waldroup; Charles R. Smith, Jr. and Isabelle C. Smith, Trustees of the C.R. Smith Family Trust UTD 09/29/1988; Catherine M. Doherty, Trustee of the 1999 Catherine M. Doherty Revocable Trust dated May 12, 1999; Dean R. Morford, Trustee of the Dean R. Morford Family Trust UTD 11/23/88; Windsor Shane Buzza and Elizabeth Buzza; Joseph F. Lupino, Trustee of the Joseph F. Lupino Revocable Trust; Nancy J. Mills, Trustee of the Nancy J. NightingaleM-ills Revocable Living Trust; Vina R. Kelley, Trustee of the Howard and Vina Kelley Family Trust UTD Dated 3-11-1993; Elsbeth Foster, Trustee of the Elsbeth I. Foster Trust, UTA dated May 1, 2000; Marian Marie Pattee, Trustee of the Marian Marie Pattee 1993 Trust dated March 26, 1993; Lloyd Gurley and Jeanne Gurley; Pensco Trust Co. Custodian fbo Marc D. Waldroup

         6.

         CFI Loan # 4954

         Property Address: 10 Melway Circle, Monterey, CA 93940

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Lawrence A. Weingarten and Suzanne Weingarten; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Sandra J. Still

         7.

         CFI Loan # 4971

         Property Address: 38767 Palo Colorado, Carmel, CA 93923

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Bert Baumer; Pensco Trust Co., Custodian FBO May S. Waldroup; Wayne Wood, Trustee of the Wayne C. Wood Living Trust dated August 23, 1999; Sheila M. Haddad; David B. Verhines and Patricia Judith Verhines, Trustees of the Patricia Judith Verhines Revocable Trust, UTA dated 02/14/91; George E. Richardson, Jr., Trustee of the George E. Richardson Jr. Trust UTD dated 6/4/2003; Philip C. Johnson; Paul Forgette and Ronda Forgette; Philip Kok-kin Wong; Pensco Trust Co., Custodian FBO Hristina LeBlanc; Hazel Blaylock; Wayne Ross, Trustee of the Ross 1999 Family Trust dated 7-02-1999; Jan T. Swanberg and Elsy M. Swanberg; Andrew Sievright; AIM Foundation, Artists Inspiring Mankind Foundation; Mildred M. Taggart, Trustee of the Mildred M. Taggart Living Trust dated August 9, 2006; Pensco Trust Co., Custodian FBO Marc Waldroup; Pensco Trust Co., Custodian FBO John M. Waldroup; Pensco Trust Co., Custodian FBO Kristen Ramsden; Diana Cornelius; James W. Goodacre; Gordon B. Kennedy; Kyle Valentic and Meta Valentic; Timothy P. McDermott and Rebecca L. Ramos

         8.

         CFI Loan # 5023

         Property Address: 16 Vista Ladera, Carmel Valley, CA 93924

         Record Date of Assignment: 6/5/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Harold R. Jordan and Martha W. Jordan, Trustees of the Jordan Family Trust UTD 12/26/92; Irene Finn; James D. Pederson and Paul M. Campos, Trustees of the James D. Pederson Revocable Trust UTD 06/29/89; Marvin F. Spott, Trustee of the TTOPS 2006 Trust; Michael J. Kennedy and Diane L. Kennedy, Co-Trustees of the Kennedy Family Living Trust Established August 12, 1998; Steven M. Weingarten; Kenneth E. Tingley, Trustee of the Tingley 2004 Trust dated 4/6/04; Gerry Bartlett; Jodi Mclean

         9.

         CFI Loan # 5101

         Property Address: 2115 2nd Road, McKinleyville, CA 95519

         Record Date of Assignment: 5/19/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Darien Weiner; Mahin Salehinia; Joseph C. Gehman and Judith K. Gehman; Blasczyk Physical Therapy Retirement Plan and Trust, David Nilsen

         10.

         CFI Loan # 5138

         Property Address: 2 Chambers Lane, Carmel Valley, CA 93924

         Record Date of Assignment: 5/21/2008

         Recorded Document No. XXXXXXXXXX

         Assignees: Pacific Capital Bank, N.A., Custodian, Saul M. Weingarten Dec'd IRA FBO Bruce D. Weingarten; Pacific Capital Bank, N.A., Custodian, Saul M. Weingarten Dec'd IRA FBO Steven M. Weingarten; Pacific Capital Bank, N.A., Custodian, Saul M. Weingarten Dec'd IRA FBO Lawrence A. Weingarten

         11.

         CFI Loan # 5152

         Property Address: 10, 16 & 20 Garces Way, Delano, CA 93216

         Record Date of Assignment: 6/11/08

         Recorded Document No. 28093743

         Assignees: Alberta Stokes, Trustee of the Alberta Stokes Revocable Trust UDT dated 2/26/03; John P. Callahan; Mary A. Hindbaugh; David F. Elgart, Trustee of the Elgart Living Trust

         12.

         CFI Loan # 5167

         Property Address: 1960 Rocky Ridge Rd., Morgan Hills, CA 95037

         Record Date of Assignment: 5/19/08

         Recorded Document No. 19868018.

         Assignees: Chris A. Kuhlken; Luz Elena Aguirre; Luz Elena Aguirre, Trustee of the Irene S. Aguirre Trust UTD dated 12/3/1986; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Mahin Salehinia; Blasczyk Physical Therapy Retirement Plan and Trust

         13.

         CFI Loan # 5173

         Property Address: 41095 Highway One, Monterey, CA 93940

         Record Date of Assignment: 4/25/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Anthony Foux and Claudia Kahn

         14.

         CFI Loan # 5173

         Property Address: 41095 Highway One, Monterey, CA 93940

         Record Date of Assignment: 5/19/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Betty Havey, Trustee of the Betty Havey Living Trust; Ann Cathey, Trustee of the Homer Tercero and Anne Cathey Living Trust UTD 08/02/2001; Eileen C. Mazer; Ruth A. Watkins and Nikki L. Watkins, Trustees of the Nikki Lee & Ruth Ann Watkins Family Trust; Blake Cesarin, Trustee of the Agen Court Personal Property Trust DTD May 18, 2004; Catherine C. Lau, Trustee of the Catherine C. Lau Living Trust dated Feb. 27, 2002; Anne L. Wiewel; Richard L. Blanding, Trustee of the Blanding Family Trust dated 12/11/1979

         15.

         CFI Loan # 5177

         Property Address: Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Pensco Trust Co., Custodian FBO May S. Waldroup; Pensco Trust Co., Custodian FBO Marion Coolidge; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Darien Weiner; Pensco Trust Co., Custodian FBO Marc D. Waldroup; William Matteo Evanger; Pensco Trust Co., Custodian FBO Marc Waldroup; Pensco Trust Co., Custodian FBO John M. Waldroup; Pensco Trust Co., Custodian FBO Kristen Ramsden

         16.

         CFI Loan # 5194

         Property Address: 1598 Nelson Ave., Oroville, CA 95965

         Record Date of Assignment: 9/4/09

         Recorded Document No. XXXXXXXXXXX

         Assignees: Yoshiko Smith, FBO Christine Smith; Erna H. Morris; William R. Shelton, c/o Janet Shelton Trustee of the Shelton Family Trust UTD 06/22/78; Josephine R. Lint; John J. Ekelund and Lynn S. Ekelund, Trustees for the John and Lynn Ekelund Trust dated 5/16/2006; Vina R. Kelley, Trustee of the Howard and Vina Kelley Family Trust UTD dated 3-11-1993; Luz Elena Aguirre; Philip C. Johnson; Audrey Flashner

         17.

         CFI Loan # 5198

         Property Address: Paula Court, Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Craig F. Lyons and Josephine A. Lyons; David L. Gambetta and Christine L. Gambetta; David G. Swinehart and Maria C. Guzman-Swinehart; Sharon Reeves

         18.

         CFI Loan # 5199

         Property Address: Paula Court, Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Marion H. Coolidge; Terry R. Talcott and Marcia Talcott; William E. Crogan and Laurie M. Crogan; Vina R. Kelley, Trustee of the Howard and Vina Kelley Family Trust UTD dated 3-11-1993; Christina L. Millard and Chris J. Millard; Christine Garbo

         19.

         CFI Loan # 5212

         Property Address: 2915 E Street, San Diego, CA 92102

         Record Date of Assignment: 5/20/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Kenneth R. Frost, Trustee of the Frost Family Trust UTD 02/24/84; Pierre Vercammen; Jan J. Valtr, Trustee of the Bohumil J. Valtr and Emilie J. Valtr Rev. Living Trust dtd July 2, 1085; Jean M. Duff, Trustee of the Jean M. Duff Revocable Trust UTD 3/24/94; Nancy J. Mills, Trustee of the Nancy J. Nightingale-Mills Revocable Living Trust; Ivan B. Joffer and Nancy Joffer; Daniel J. Turner and Jeanne C. Turner, Trustees of the Turner Family Trust UDT dated 10/16/98; Kristen Suzuki; Donald C. Bowen and Judith A. Bowen, Trustees of the Bowen Family Living Trust; Sidney H. Widrow and Bernice M.S. Widrow, Trustees for the Sidney H. Widrow and Bernice M.S. Widrow Trust Agreement created December 11, 1996; Rabia Erduman; Anita D. Witcher and Namon D. Witcher, Trustees of the Namon D. Witcher and Anita D. Witcher 1992 Living Trust Agreement dated April 10, 1992

         20.

         CFI Loan # 5213

         Property Address: Cathedral City, Cathedral City CA 92234

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXX-XXXXXXX

         Assignees: Pensco Trust Co. Custodian fbo Joseph Lupino; Willy J. Grundherr and Deborah L. Grundherr, Trustees of the Grundherr Living Trust; Elsbeth Foster, Trustee of the Elsbeth I. Foster Trust, UTA dated May 1, 2000; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Kristen Suzuki; David G. Swinehart and Maria C. Guzman-Swinehart; Heidi T. Daunt and Philip J. Daunt, Trustees of the Daunt Family Trust dated Mar. 04, 1999; Allyn C. Bushlow, Trustee of the Allyn C. Bushlow Revocable Living Trustt; Pensco Trust Co. Custodian fbo Aaron N. Gallegos; Donald S. Albright, Jr., Trustee of the Albright Family Trust dated August 20, 1992

         21.

         CFI Loan # 5216

         Property Address: Vacant Lots, Sun City, CA

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Revocable Family Trust dated October 26, 1994; Raymond Ralph Leclair and Joyce Leclair; Arno W. Heckrodt, Trustee of the Revocable Living Trust of Arno W. Heckrodt dated April 25, 1986; David G. Swinehart and Maria C. Guzman-Swinehart; Philip KokK-in Wong; Esin Voskay, Trustee of the Hilmi and Esin Voskay Trust dated Feb. 9, 1998;; Douglas Forzani, Trustee of the Dolores f. Lewis Trust; Rhodell R. Willard, Trustee of the Rhodell R. Willard Revocable Living Trust, dated December 30, 1991; Edward H. Ogle, Trustee of the Edward H. Ogle Revocable Living Trust dated January 7, 1992; Farmacy II, Inc. and Lynda Clark

         22.

         CFI Loan # 5224

         Property Address: Mercy Springs Rd., Los Banos, CA

         Record Date of Assignment: 5/14/08

         Recorded Document No. XXXX-XXXXXX

         Assignees: Pierre Vercammen; Garden Of Memories Mem. Park; James R. Thorsen, Trustee of the H. J. Thorsen Trust UTA dated Feb. 12, 1990; Douglas N. Forzani and Shirley J. Forzani, Trustees of the Forzani 1994 Revocable Family Trust; Melinda Moore; Esin Voskay, Trustee of the Hilmi and Esin Voskay Trust dated Feb. 9, 1988; Douglas Forzani, Trustee of the Dolores F. Lewis Trust; Nels W. Ingram and Patsy G. Ingram, Trustees of the Nels W. Ingram and Patsy G. Ingram Revocable Trust, dated Jan. 2, 1992

         23.

         CFI Loan # 5243

         Property Address: Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Maria R. Connolly; Karen Feistman, Trustee of the Peter Feistman and Karen Feistman Trust UTD dated 3-11-1993; Pierre Vercammen; Vina R. Kelley, Trustee of the Howard and Vina Kelley Family Trust UTD dated 3-11-1993; Craig Lovell; Allyson Kumataka, Trustee of the Kumataka 1994 Trust; Darleen Witcher and Namon Witcher; Anita D. Witcher and Namon D. Witcher, Trustees of the Namon D. Witcher and Anita D. Witcher 1992 Living Trust Agreement dated April 10, 1992; Susan W. Cabarloc, Truste of the Susan Wong Carbaloc Living Trust; Ludmeila Axionoff, Trustee of the Ludmeila Axionoff Revocable Living Trust; Ronald R. Jaye, Trustee of the Ronald R. Jaye Trust U/D/T dated March 2, 1990 and Amended in its Entirety on May 6, 2002; Mildred M. Taggart, Trustee of the Mildred M. Taggart Living Trust dated August 9, 2006; Blasczyk Physical Therapy Retirement Plan and Trust

         24.

         CFI Loan # 5273

         Property Address: Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Linda C. Elliott, Trustee of the Temple and Linda Elliott Trust dated May 3, 2006; Teresa G. Hurtubise FBO Mary Ann Hurtubise; Charles R. Smith, Jr. and Isabelle C. Smith, Trustees of the C.R. Smith Family Trust UTD 09/29/88; Pensco Trust Co., Custodian FBO Joseph Lupino; Michelle M. Long; Pensco Trust Co., Custodian FBO Linda C. Elliott; Audrey Flashner; Christina Shaw; William Matteo Evanger; Cherie J. Thibodeaux, Trustee of the Cherie J. Thibodeaux Trust 2 U/A dtd 11/11/99; Philip Kok-kin Wong; Will Kramer and Lydia Kramer

         25.

         CFI Loan # 5276

         Property Address: 1047 Lost Barranca Road, Pebble Beach, CA 93953

         Record Date of Assignment: 5/19/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Donald L. Shaver and Evelyn Shaver, co-Trustee of the Shaver Living Trust UTD 04/26/88; Douglas N. Forzani and Shirley J. Forzani, Trustees of the Forzani 1994 Revocable Family Trust dated October 26, 1994; Joanne Forzani; Donna Shaver; Florence L. Christman

         26.

         CFI Loan # 5317

         Property Address: El Caminito Rd., Carmel Valley, CA 93924

         Record Date of Assignment: 5/19/08

         Recorded Document No. XXXXXXXXXX

         Assignees: James Thorsen, Trustee of the Thorsen Family Trust U/A dated Feb. 4, 2008; Blake Cesarin, Trustee of the Agen Court Personal Property Trust; Cherie J. Thibodeaux, Trustee of the Cherie J. Thibodeaux Trust 2 U/A dtd 11/11/99; Charles R. Singer; Lawrence H. Stock, Trustee of the Lawrence H. Stock Living Trust; Andrew Sievright; James W. Goodacre

         27.

         CFI Loan # 5318

         Property Address: 38 Acres Chanslor Way - Tract 30991-2, Parcel 1 & 2 of Parcel Map 24278, Blythe, CA 92225

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Bruce D. Weingarten; Karl B. Bisht and Carol H. Bisht; Elisabeth Spence; Esin Voskay, Trustee of the Hilmi and Esin Voskay Trust dated Feb. 9, 1998; Church of Jesus Christ in the Americas, Inc.; Shannon M. James; Lee Purser; Tetratech Retirement Plan; John Jackson and Annette Jackson; Jan T. Swanberg and Elsy M. Swanberg; George Havstad and Janece Havstad; Henryka Szudelski; Roberta Rose and Michael Parker

         28.

         CFI Loan # 5323

         Property Address: Ophir Road, Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXX-XXXXXXX

         Assignees: Craig F. Lyons and Josephine A Lyons; Stanley K. Bishop, Trustee of the Stanley Bishop Family Trust A U/A dated 9/17/1996; Stanley K. Bishop, Trustee of the Stanley Bishop Family Trust B U/A dated 9/17/1996; Catherine M. Doherty, Trustee of the 1999 Catherine M. Doherty Revocable Trust dated May 12, 1999; Kenneth R. Frost, Trustee of the Frost Family Trust UTD 02/24/84; Roger King, Trustee for the King Family Trust UTD 09/24/96; Lawrence A Weingarten and Suzanne Weingarten; Sandra J. Still; Harold R. Black and Jane Black, Trustees of the Black Family Living Trust; Dwayne R. Kelley and Ana Kelley; Brockman Farming, Inc.

         29.

         CFI Loan # 5324

         Property Address: 68359 Jolon Road, Parcel E, Lockwood, CA 93426

         Record Date of Assignment: 6/19/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Bert Baumer; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Teresa M. Michel and F. William Michel; David F. Elgart, Trustee of the Elgart Living Trust; Nels W. Ingram and Patsy G. Ingram, Trustees of the Nels W. Ingram and Patsy Ingram Revocable Trust, dated Jan. 2, 1992; William Parham, Jr.; Elmer E. Jenkins; Linda A. Larone and Sharon M. Daly, Trustees of the Linda A. Larone and Sharon M. Daly Trust dated Oct. 31, 1996; Kevin Muir and Denise Muir, Trustees of the Muir Family Trust dated July 14, 2003; Kay Burbidge; Frances Tarr, Trustee of the Frances B. Tarr Trust; May Waldroup; Edward H. Ogle and Rhodell R. Willard, Trustees of the Edward H. Ogle and Rhodell R. Willard Revocable Living Trust dated 1/7/1992; Evelyn Epstein; Albert G. Giordano, Trustee of the Albert G. Giordano Living Trust; Betty Bergerac and Raymond Bergerac, Trustees of the Bergerac Family Trust dated 4/17/1991; Ingrid Selin; Donald C. Cook, Trustee of the 1990 Donald C. Cook Trust

         30.

         CFI Loan # 5348

         Property Address:

         Record Date of Assignment: 5/29/08

         Recorded Document No.2008034409

         Assignees: Barbara C. Johns; Donald and Evelyn Shaver; Thomas and/or Judith Nemes; Anthony Johnson; Steven M. Weingarten; Mary James Capson, Trustee of the Mary James Capson Living Trust dated December 11, 2003; Soonja L. Cook; Donna Shaver; Esin Voskay, Trustee of the Hilmi and Esin Voskay Trust dated Feb. 9, 1998; Sallyann Forzani; William C. and/or Frieda Jackson; Richard Anderson and Brenda Anderson, Trustees of the Anderson Family Trust dated 3/13/1990; Barbara Denton; X-Files Limited Partnership, Ludmeila Axionoff

         31.

         CFI Loan # 5358

         Property Address: Lot 29 of Tract 3073, Desert Hot Springs, CA 92102

         Record Date of Assignment: 4/29/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Anthony Foux and Claudia Kahn

         32.

         CFI Loan # 5358

         Property Address: Lot 29 of Tract 3073, Desert Hot Springs, CA 92102

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Pamela Allinson; Eva Lazar, Trustee of the Eva K. Lazar Revocable Living Trust; Robert Morris and Katherine Morris; Oliver J. Rowan

         33.

         CFI Loan # 5359

         Property Address: 125 Stratford Drive, Watsonville, CA 95076

         Record Date of Assignment: 5/21/08

         Recorded Document No. XXXX-XXXXXXX

         Assignees: Barbara L. Wake; Jenny D'Angelo; Pamela Flagg; Jarvis C. Schumacher and Patricia Harrop Schumacher, Trustees of the Jarvis C. Schumacher and Patricia Harrop Schumacher Family Revocable Trust dated Dec. 20, 2002

         34.

         CFI Loan # 5366

         Property Address: 3610 Auburn Blvd., Sacramento, CA 95821

         Record Date of Assignment: 5/20/08

         Recorded Document No. XXXXXXXXXXXX

         Assignees: Teresa G. Hurtubise fbo Mary Ann Hurtubise; Teresa G. Hurtubise; Floyd L. Swenson and Danette Swenson; Vina R. Kelley, Trustee of the Howard and Vina Kelley Family Trust UTD Dated 3-11-1993; George W. Piercy and Juliet F. Piercy, Trustees of the Piercy Family Trust; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Terrell R. Williams, Trustee of the Terrell R. Williams Revocable Living Trust; Harry McMurray and Kristen McMurray, Trustees of the H&K McMurray 2000 Revocable Trust dated May 11, 2000; Pensco Trust Co. Custodian fbo Bruce Manildi; William E. Gammons; Charles R. McKenry and Jean M. McKenry, Trustees of the Trust of Charles R. McKenry; Lee Purser; Pamela C. Pirtle; Brockman Farming, Inc.

         35.

         CFI Loan # 5372

         Property Address: 216 Ridge Way, Mammoth Lakes, CA 93546

         Record Date of Assignment: 5/21/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Calvin Rich and Margaret Rich; Charles R. Smith, Jr. and Isabelle C. Smith, Trustees of the C.R. Smith Family Trust UTD 09/29/88; David Cooper; Steven M. Weingarten; Mahin Salehinia; Teresa M. Michel and F. William Michel; SallyAnn Forzani; Nels W. Ingram and Patsy G. Ingram, Trustees of the Nels W. Ingram and Patsy Ingram Revocable Trust, dated Jan. 2, 1992; Richard L. Blanding, Trustee of the Blanding Family Trust dated 12/11/1979; James Schumann and Sarah Schumann, Trustees of the James and Sarah Schumann Living Trust dated 9-14-2004

         36.

         CFI Loan # 5373

         Property Address: Oroville, CA 95965

         Record Date of Assignment: 9/4/08

         Recorded Document No. XXXX-XXXXXXX

         Assignees: Linda C. Elliott, Trustee of the Temple and Linda Elliott Trust dated May 3, 2006; Peter Lecce, Trustee of the Lecce Family Trust UTD 09/10/98; Willy J. Grundherr and Deborah L. Grundherr, Trustees of the Grundherr Living Trust; Judith A. Coolidge; Anthony Johnson, Trustee of the Johnson Trust dated April 19, 2001; Lawrence Barche and Elaine Barche; Sally T. Selner, Trustee of the Sally T. Selner Trust dated Nov. 13, 1987, ; Pamela Jordan O'Connell; John B. Wardell; Warren E. Anderson, Trustee of the Anderson Family Trust dated April 25, 1995; Tetratech Retirement Plan & Trust

         37.

         CFI Loan # 5385

         Property Address: Desert Hot Springs, CA 92241

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Aaron N. Gallegos and Raymond R. Feay; Eleen A. Hall, Trustee of the Hall Family Trust dated 07/20/84; Cyd Love FBO Nicholas Tucker; George E. Richardson, Jr., Trustee of the George E. Richardson Jr. Trust UTD dated 6/4/2003; David Bertsch and Gayle Bertsch; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Mahin Salehinia; Allyson Kumataka, Trustee of the Kumataka 1994 Trust; Pearl A. Haas, Trustee of the Haas Living Trust 06-98; Charles H. Caterino and Eva M. Caterino, Trustees of the Catarino Family Livign Trust dated 6-30-1993; Judith E. Foon; Cherie J. Thibodeaux, Trustee of the Cherie J. Thibodeaux Trust 2 U/A dtd 11/11/99; Florence S. Lesur; Gladys Hill; Charles Fisher Parsons, Trustee of the Trust No. 2 of Charles F. Parsons; Randal A. McChesney; Selene Olms

         38.

         CFI Loan # 5406

         Property Address: 6 Deer Forest Drive, Monterey, CA 93940

         Record Date of Assignment: 5/16/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Pensco Trust Co. Custodian fbo Mark Bartindale; Pensco Trust Co. Custodian fbo Barbara Bartindale; Michael F. Kelly and Darlene L. Kelly

         39.

         CFI Loan # 5418

         Property Address: 220 Coronado Ave., Salinas, CA 93901

         Record Date of Assignment: 5/16/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Frances Tarr, Trustee of the Frances B. Tarr Trust

         40.

         CFI Loan # 5428

         Property Address: Desert Hot Springs, CA 92240

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXX-XXXXXXX

         Assignees: David W. Cooper; Joseph F. Lupino, Trustee of the Joseph F. Lupino Revocable Trust; Pensco Trust Co. Custodian fbo Joseph Lupino; Elsbeth Foster, Trustee of the Elsbeth I. Foster Trust, UTA datedMay 1, 2000; Linda A. Larone and Sharon M. Daly, Trustees of the Linda A. Larone and Sharon M. Daly Trust dated Oct. 31, 1996; Bonnie Elstad and Connie Ferral; Penelope Mills Eklof

         41.

         CFI Loan # 5429

         Property Address: Victorville, CA 92392

         Record Date of Assignment: 5/16/08

         Recorded Document No. XXXXXXXXX

         Assignees: Lawrence H. Kelley and Sharon M. Kelley, Trustees of the Lawrence Howard Kelley and Sharon Marie Kelley Trust UTD dated May 21, 1993; Kevin Muir and Denise Muir, Trustees of the Muir Family Trust dated July 14, 2003; Mary Horne Gayman and Richard L. Gayman, Trustees of the Gayman Family Trust dated May 1, 2002; Ronnie Usrey and Elena Usrey; Elmer E. Jenkins

         42.

         CFI Loan # 5443

         Property Address: 61 Carlsen Road, Salinas, CA 93907

         Record Date of Assignment: 5/8/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Kenny Nemes and Michelle Nemes; Pensco Trust Co., Custodian FBO Roy C. Gunter; Roy C. Gunter, Trustee of the Roy and Virginia Gunter Trust UTD 4/28/2000; James C. Jeffery III, Trustee of the James C. Jeffery III Revocable Trust dated 11/26/02; Ellen Jasnosz, Trustee of the Ellen Jasnosz Trust UTA 5/17/02; Bette S. Frank; Teresa Jean Frank; Ella I. Long; Pensco Trust Co., Custodian FBO Ali Rodgers; Richard J. Muir and Margaret Ann Muir, Trustees of the Revocable Living Trust dtd Apr. 24, 1992; Eleanor Newcomb; Elmer E. Jenkins; Kristen Ramsden

         43.

         CFI Loan # 5449

         Property Address: 4091 Pine Meadows Way, Pebble Beach, CA 93953

         Record Date of Assignment: 5/16/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Robert Newman and Geraldine Espinoza; Pensco Trust Co. Custodian fbo Ken V. Malone; Victor M. Shaw and Jane R. Shaw, Trustee; Roberta Rose and Shawna Parker; Mark Weston

         44.

         CFI Loan # 5467

         Property Address: Mission Blvd., Desert Hot Springs, CA 92240

         Record Date of Assignment: 9/9/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Charles R. McKenry and Jean M. McKenry, Trustees of the Charles R. and Jean M. McKenry Trust dated December 5, 1990; Casino Concepts & Design

         45.

         CFI Loan # 5473

         Property Address: 65 Carlsen Road, Salinas, CA

         Record Date of Assignment: 5/8/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Bert Baumer; Gabriele D. Swanson, Trustee of the Gabriele D. Swanson Trust UTA dated 06/04/92; Aniano Olea; Michael Frost and Linda Frost; Signature Irrigation, Inc. Defined Benefit Pension Plan; Elmer E. Jenkins; Virginia D'Antoni, Trustee of the Virginia D'Antoni Trust dated Oct. 10, 1994

         46.

         CFI Loan # 5487

         Property Address: 3540 Norwood Place, Sacramento, CA 95838

         Record Date of Assignment: 5/12/08

         Recorded Document No. XXXXXXXX-XXXX

         Assignees: John Hayworth; Vickie Nelson and Laurits Nelson

         47.

         CFI Loan # 5489

         Property Address: 239-243 Main Street, Salinas, CA 93901

         Record Date of Assignment: 5/8/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Daniel M. McGilloway, Jr., an accountancy corporation; James A. Gilbert

         48.

         CFI Loan # 5497

         Property Address: Miramonte Road, Carmel, CA

         Record Date of Assignment: 5/8/08

         Recorded Document No. XXXXXXXXXX

         Assignees: John D. Waldroup; Pensco Trust Co., Custodian FBO Roy C. Gunter; James C. Jeffery III, Trustee of the James C. Jeffery III Revocable Trust dated 11/26/02; Ellen Jasnosz, Trustee of the Ellen Jasnosz Trust UTA 5/17/02; Richard L. Schneider; Jan T. Swanberg and Elsy M. Swanberg; Ed Pilon and Lois Pilon, Trustees of the Pilon Revocable Trust; Elmer Harding Pelham and Jennifer Jane Pelham, Trustees of the Elmer Harding Pelham and Jennifer Jane Pelham Amended and Restated Declaration of Trust dated June 1, 1987

         49.

         CFI Loan # 5498

         Property Address: Miramonte Road, Carmel, CA

         Record Date of Assignment: 5/8/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Jean M. Duff, Trustee of the Jean M. Duff Revocable Trust UTD 3/24/94; Lucia H. Humphrey, Trustee of the Lucia H. Humphrey Trust UTA October 2, 1995; Veronica D'Amico and Ronald D'Amico, Trustees of the Veronica D'Amico and Ronald V. Damico 1999 Revocable Trust; Blake Cesarin, Trustee of the Agen Court Personal Property Trust; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Melinda Moore

         50.

         CFI Loan # 5524

         Property Address: 509 Grandview Road, Sebastopol, CA 95472

         Record Date of Assignment: 5/7/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Nels W. Ingram and Patsy G. Ingram, Trustees of the Nels W. Ingram and Patsy Ingram Revocable Trust, dated Jan. 2, 1992; Al De Jesus III; Edward Ronald Whitehead; Simone M. Woodyard; Sheri Jane Holdridge

         51.

         CFI Loan # 5531

         Property Address: 3600 Viejo Rd (2.8 acres), Monterey, CA 93940

         Record Date of Assignment: 5/2/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Ben Compagno and Deborah Compagno

         52.

         CFI Loan # 5532

         Property Address: 3600 Viejo Rd (5.1 acres), Monterey, CA 93940

         Record Date of Assignment: 5/2/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Ella I. Long, Trustee of the Marion F. Long and Ella I. Long Trust B; Ben Compagno and Deborah Compagno; Joseph V. Terrano, Trustee of the Terrano Marital Trust; Sandra Spaulding and Stephen Spaulding; Bill Holdridge and Sheri Holdridge; William Harrison Holdridge

         53.

         CFI Loan # 5533

         Property Address: 3150 Lake Drive, Marina, CA 93933

         Record Date of Assignment: 5/2/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Marc D. Waldroup; Inge Fitzpatrick; Minnie B. Rose and Mertha R. Duchouquette; Robert G. Duchouquette and Bertha Rose Duchouquette; Charles D. Madden; Eva Lazar, Trustee of the Eva K. Lazar Revocable Living Trust; Roland S. Staiano

         54.

         CFI Loan # 5537

         Property Address: 455 Coastview Drive, Santa Cruz, CA 95062

         Record Date of Assignment: 5/6/08

         Recorded Document No. XXXXXXXXXXX

         Assignees: Brenda M. Krauth; William Swift and Joele D. Swift; David Salehinia, Trustee of the Mehrab Pers. Prop. Trust Dated April 25, 2003; Mahin Salehinia; Catherine C. Lau, Trustee of the Catherine C. Lau Living Trust dated Feb. 27, 2002; Charles R. Singer; Olga Axionoff; Jan T. Swanberg and Elsy M. Swanberg; Santa Cruz Clean & Sober Home, Andrew Rovegne, Trustee; Tom Moss; Gregory G. Parrish and Maria C. Parrish

         55.

         CFI Loan # 5543

         Property Address: 8360 Kellwood Court, Elk Grove, CA 95758

         Record Date of Assignment: 4/25/08

         Recorded Document No. XXXXXXXX-XXXX

         Assignees: Earl Nisbet, Trustee of the Earl Nisbet Living Trust dated 3-26-04; James Moore, Trustee of the Moore Family Trust 11/17/1992; David Stock

         56.

         CFI Loan # 5560

         Property Address: Lot 124 Pasadera, 9699 Blue Larkspur Lane, Monterey, CA 93940

         Record Date of Assignment: 4/21/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Bruce S. Lester and Vicki Lester; Elmer E. Jenkins; Wayne Ross, Trustee of the Ross 1999 Family Trust dated 7-02-1999; Casino Concepts & Design; Ed Pilon and Lois Pilon, Trustees of the Pilon Revocable Trust; Mildred M. Taggart, Trustee of the Mildred M. Taggart Living Trust dated August 9, 2006; Lawrence H. Stock, Trustee of the Lawrence H. Stock Living Trust; William Gullett; Doreen Graham, Trustee of the Graham Living Trust dated Aug. 16, 1995; Marleen R. McNabb, Trustee of the McNabb Revocable Trust UTD 02-05-99; Kevin Muir and Denise Muir, Trustees of the Muir Family Trust dated July 14, 2003; Sheri Parelskin

         57.

         CFI Loan # 5560

         Property Address: Lot 124 Pasadera, 9699 Blue Larkspur Lane, Monterey, CA 93940

         Record Date of Assignment: 4/25/08

         Recorded Document No. XXXXXXXXXX

         Assignees: Anthony Foux and Claudia Kahn

         58.

         CFI Loan # 5578

         Property Address: 8340 Monterra Views, Monterey, CA 93940

         Record Date of Assignment: 4/21/08

         Recorded Document No. XXXXXXXXXX

         Assignees: James M. Hage, Trustee of the James M. Hage Trust dated 9/22/2005; Charles R. Smith, Jr. and Isabelle C. Smith, Trustees of the C.R. Smith Family Trust UTD 09/29/88; Barbara C. Johns, Trustee of the Barbara Johns Living Trust, U/A dtd 9/11/1978; Hazel Blaylock; Patrick L. Sullivan and Beck L. Sullivan, Co-Trustees of the Sullivan Family Trust; Marleen R. McNabb, Trustee of the McNabb Revocable Trust UTD 02-05-99; Anthony Favaloro and Marie Favaloro; James W. Goodacre

         59.

         CFI Loan # 5590

         Property Address: 825 El Camino Real N., Salinas, CA 93907

         Record Date of Assignment: 4/21/08

         Recorded Document No. XXXXXXXXXX

         Assignees: William Gullett.


Summaries of

In re Cedar Funding Inc.

United States Bankruptcy Court, Ninth Circuit
Apr 5, 2010
08-52709-MM (B.A.P. 9th Cir. Apr. 5, 2010)
Case details for

In re Cedar Funding Inc.

Case Details

Full title:In re: CEDAR FUNDING, INC., Chapter 11, Debtor. v. LUZ ELENA AGUIRRE, et…

Court:United States Bankruptcy Court, Ninth Circuit

Date published: Apr 5, 2010

Citations

08-52709-MM (B.A.P. 9th Cir. Apr. 5, 2010)