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Your Name Here , Plaintiff pro per
Your address here
Your address here
Your address here
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA
| |) |Case no: |
|Your Name Here , pro per |) | |
|Plaintiff, |) | |
|Vs. |) |COMPLAINT |
|BANK OF AMERICA, N.A., |) | |
| |) | |
|BAC HOME LOANS SERVICING, LP, |) |(Special Action – Declaratory |
| |) |Judgment) |
|RECON TRUST COMPANY, N.A., |) | |
| |) | |
|HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, |) | |
|INC.), |) | |
| |) | |
|COUNTRYWIDE HOME LOANS, INC., |) | |
| |) | |
|MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., |) | |
| |) | |
|JOHN DOES (Investors) 1-10,000, |) |Assigned to Honorable |
| |) | |
|BLACK AND WHITE CORPORATION 1-100, |) | |
| | | |
|JANE DOES 1-100, | | |
| | | |
|JOHN DOES 1-100, | | |
| | | |
|et al., | | |
| | | |
|Defendants. | | |
Your Name Here , Plaintiff pro per, (“Your Name Here ”), for her Complaint for Declaratory Judgment against the Defendants named herein below, pursuant to, inter alia, A.R.S. § 12-1831, et seq, and alleges as follows:
Plaintiff reserves the right to amend and/or add Defendants as discovery becomes known.
Pursuant to A.R.S. Title 47, Your Name Here hereby questions the authenticity and validity of the signatures of all parties, therefore requiring any and all said parties to provide evidence of authenticity and validity for any and all signatures on any and all documents and/or pleadings.
Pursuant to, inter alia, A.R.S. §§ 39-161, 13-2301et seq, 33-801 et seq, 33-420 and others, Your Name Here questions the authenticity and validity of all recorded and/or notarized documents.
JURISDICTION AND VENUE
1. Your Name Here is a single woman and a citizen and civilian of the State of Arizona who at all times material hereto resided within the jurisdiction of this court.
2. At all times material hereto, the Defendant Homecomings Financial Network, Inc. whom merged into Homecomings Financial LLC, hereinafter, “Homecomings” has been a Delaware Foreign LLC that is registered to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
3. Defendant, Homecomings caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
4. At all times material hereto, the Defendant Mortgage Electronic Registration Systems, Inc. (“MERS”) has been a Delaware corporation that is neither registered nor authorized to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
5. Defendant, MERS has caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
6. At all times material hereto, Defendant Countrywide Home Loans, Inc., merged into Bank of America, N.A. has been a California corporation that is registered to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
7. Defendant, Countrywide Home Loans, Inc. caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
8. At all times material hereto, Defendant Recon Trust Company, N.A., is a wholly-owned subsidiary of Bank of America, N.A., a North Carolina Corporation that is registered to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
9. Defendant, Recon Trust Company, N.A. caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
10. At all times material hereto, Defendant Bank of America N.A. is a North Carolina Corporation that is registered to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
11. Defendant, Bank of America N.A. caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
12. At all times material hereto, Defendant BAC Home Loans Servicing LP is a Texas Foreign Limited Partnership that is registered to do business within the state of Arizona, as set forth in the records of the Arizona Secretary of State.
13. Defendant, BAC Home Loans Servicing LP caused events to occur within the jurisdiction of this Court from which Your Name Here Complaint arises.
14. This Court has jurisdiction over this action pursuant to A.R.S. § 12-123, and venue lies in the Arizona Court pursuant to A.R.S. § 12-401, and others.
CLAIMS FOR DECLARATORY RELIEF
COUNT 1
Plaintiff never received a loan from Homecomings in which to be default of
15. Your Name Here reaffirms and realleges paragraphs 1 through 14 as if set forth more fully herein below.
16. On or about April 3, 2000, Your Name Here and her then husband, Jason Cantrell, purchased certain residential real property located within the jurisdiction of this Court, located at Your Address here (“property”) as evidenced by Maricopa County records.
17. On May 31, 2006 Your Name Here believed she was entering into an agreement for a loan for the sum of $448,000.00 from Homecomings.
18. The mortgage broker on behalf of Homecomings assured Your Name Here she would be receiving a loan from Homecomings by signing a DEED OF TRUST and ADJUSTABLE RATE NOTE .
19. Pursuant to the document, the DEED OF TRUST was dated on May 31, 2006. (Maricopa County recorded document #000000000) (A copy of the DEED OF TRUST dated May 31, 2006 is attached hereto as Exhibit A)
20. Years later, Your Name Here began researching lender fraud and foreclosure fraud. Since that time, her research has uncovered the following regarding the DEED OF TRUST and ADJUSTABLE RATE NOTE involving her real property as stated in the Affidavit of Your Name Here filed with this court on September 27, 2010. (A copy of the Affidavit of Your Name Here dated September 12, 2010 is attached hereto as Exhibit B)
21. Your Name Here contends Defendants have no facts in evidence to show that she was ever lent the sum of $448,000.00 by Homecomings and Bank of America, N.A. has no lawful claim against Your Name Here or her real property located at Your address here.
22. After reviewing the verbiage in the DEED OF TRUST and ADJUSTABLE RATE NOTE, Your Name Here finds no evidence that she was ever lent the sum of $448,000.00 by Homecomings and therefore it is her belief, she never received a loan in which to be in default of. (A copy of the ADJUSTABLE RATE NOTE dated May 31, 2006 is attached hereto as Exhibit C)
23. Pursuant to her affidavit filed with this Court on September 27, 2010 Your Name Here denies she was ever lent the sum of $448,000.00 by Homecomings. (See: Exhibit B pg. 3 ¶ ¶ h-k)
24. Pursuant to her affidavit, Your Name Here states she has made numerous monthly payments to Homecomings, Countrywide Financial Network Inc. and Bank of America, N.A. due to her misguided belief she was lent the sum of $448,000.00 by Homecomings. (See: Exhibit B pages 6-7)
25. Defendant, Bank of America, N.A. has unlawfully filed a non-judicial foreclosure against Your Name Here real property, claiming she is in default for a loan that there are no facts in evidence was ever given to Your Name Here by Homecomings.
26. Bank of America, N.A., Countrywide Home Loans, Inc. and Homecomings, have been unjustly enriched by the monthly payments Your Name Here was led to believe she was required to send to them pursuant to an ADJUSTABLE RATE NOTE for a loan from Homecomings she never received.
27. Pursuant to the DEED OF TRUST, the DEED OF TRUST was given an alias of “Security Instrument” to be used as its new name through out the document. (See: Exhibit A)
28. Pursuant to the DEED OF TRUST, Homecomings was given an alias of “Lender” to be used as its new name through out the document. (See: Exhibit A)
29. Pursuant to the DEED OF TRUST, “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the beneficiary under this Security Instrument (DEED OF TRUST). (See: Exhibit A)
30. Pursuant to the DEED OF TRUST, the name “Borrower” was issued to YOUR NAME HERE , AN UNMARRIED WOMAN as an alias. (See: Exhibit A)
31. As stated in Your Name Here affidavit, Your Name Here believes the creation of an alias to confuse and/or defraud any party may be considered a criminal act, especially when that alias is used to conceal facts, defraud a party, and/or to unlawfully convert property. (See: Exhibit B pg 2 ¶ f)
32. As stated in Your Name Here affidavit, she does not know who YOUR NAME HERE , AN UNMARRIED WOMAN is nor how she pertains to her. (See: Exhibit B pg 3 ¶ g)
33. Your Name Here name is not NAME HERE, AN UNMARRIED WOMAN; it is Your Name Here, which she goes by Your Name Here Your Name Here , Your Name Here and Your Name Here . (See: Exhibit B pg 3 ¶ g)
34. As best as she can remember, Your Name Here has never used the alias who YOUR NAME HERE, AN UNMARRIED WOMAN as her name. (See: Exhibit B pg 3 ¶ g)
35. As stated in Your Name Here affidavit, after reviewing the DEED OF TRUST dated May 31, 2006 Your Name Here has discovered no evidence that Your Name Here was ever lent the sum of $448,000.00 by Homecomings and believes that none exists. (See: Exhibit A and See also: Exhibit B pg 3 ¶ h)
36. Furthermore, pursuant to the DEED OF TRUST, Your Name Here has discovered no evidence that she has ever borrowed anything from Homecomings and believes that none exists. (See: Exhibit A and See also: Exhibit B pg 3 ¶ i)
37. As stated in Your Name Here affidavit, pursuant to the DEED OF TRUST , Your Name Here has discovered no verbiage that indicates Homecomings ever lent Your Name Here anything, including without limitations, the sum of $448,000.00 and believes that none exists. (See: Exhibit A and See also: Exhibit B pg 3 ¶ j)
38. As stated in Your Name Here affidavit, it is her opinion, based on the DEED OF TRUST, that Your Name Here did not receive the sum of $448,000.00 from Homecomings and that the DEED OF TRUST was written to confuse Your Name Here into believing she did by creating an alias of Borrower for YOUR NAME HERE, AN UNMARRIED WOMAN and an alias of Lender for Homecomings (See: Exhibit A and See also: Exhibit B pg 3 ¶ k)
39. Furthermore, on page 2 paragraph (H) the DEED OF TRUST gives a new definition of the word loan. It states, “(H) “Loan” means the debt evidenced by the Note…” (See: Exhibit A and See also: Exhibit B pg 4 ¶ l)
40. As stated in Your Name Here affidavit, a review of the ADJUSTABLE RATE NOTE dated May 31, 2006 indicates the following: (See Exhibit C)
a. On page one of the ADJUSTABLE RATE NOTE, it states,
“1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $480,000.00 (this amount is called “Principal”), plus interest, to the order of Lender, Lender is Homecomings.
b. Pursuant to the ADJUSTABLE RATE NOTE, nowhere does it say that Your Name Here is BORROWER. It is therefore not clear who BORROWER is and what it and/or they have to do with Your Name Here.
c. I, Your Name Here have never been known as BORROWER nor have I ever used BORROWER as an alias for myself. See, inter alia, Black’s Law Dictionary Sixth Edition definition of ‘alias’ page 61.
d. After careful review of the words,
“1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $448,000.00 (this amount is called “Principal”), plus interest, to the order of Lender, Lender is Homecomings it is clear that the words “In return for a loan that I have received,” were written in the past tense. Have received indicates that BORROWER (whoever he is), is agreeing to pay Homecomings $448,000.00 for some loan BORROWER received somewhere in the past, not necessarily from Homecomings
e. Therefore, pursuant to the ADJUSTABLE RATE NOTE, Your Name Here finds no evidence that Your Name Here was ever lent the sum of $448,000.00 by Homecomings and therefore, could not be in default of any loan to Homecomings. (See: Exhibit C and See also: Exhibit B pg 5 ¶ r)
f. As stated in Your Name Here affidavit, she states, “On and for the record, at no time did Your Name Here personally receive a check or a deposit into her checking account for the amount of $448,000.00 by Homecomings. (See: Exhibit B pg 5 ¶ s)
g. As stated in Your Name Here affidavit, it is her opinion that since the DEED OF TRUST has the word (Seal) after the signature line on page 14, the DEED OF TRUST MUST have a SEAL affixed or it is invalid. There is no SEAL affixed.
h. As stated in Your Name Here affidavit, it is her opinion that since the ADJUSTABLE RATE NOTE has the word (Seal) after the signature line on page 5, the ADJUSTABLE RATE NOTE MUST have a SEAL affixed or it is invalid. There is no SEAL affixed.
i. As stated in Your Name Here affidavit, “In American law "Signed, sealed and delivered" is still a requirement. Signed, your signature, sealed, your seal, delivered, received by the other party.”
See Black's Sixth:
Seal. An impression upon wax, wafer, or some other tenacious substance capable of being impressed. In current practice, a particular sign (e.g. L.S.) or the word "seal" is made in lieu of an actual seal to attest the execution of the instrument.
Private seal. The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.
Public seal. A seal belonging to and used by one of the bureaus or departments of government, for authenticating or attesting documents, process, or records. An impression made of some device, by means of a piece of metal or other hard substance, kept and used by public authority. See also State seal.
Sealed. Authenticated by a seal; executed by the affixing of a seal.
g. After carefully reviewing the signature line on page 14 of the DEED OF TRUST and page 5 of the NOTE the documents do not appear to have a seal. (See: Exhibit A and C)
j. As stated in Your Name Here affidavit, her opinion of what the documents she has reviewed indicate:
The ADJUSTABLE RATE NOTE dated May 31, 2006 and DEED OF TRUST dated May 31, 2006. (Maricopa County recorded document #0000000000) should not be considered as a valid link in the recorded chain of documents necessary to effectuate a non-judicial foreclosure on Your Name Here ’s real property located at Your address here. (See: Exhibit B pg 6)
k. As stated in Your Name Here affidavit, the ADJUSTABLE RATE NOTE dated May 31, 2006 does not indicate that Your Name Here was ever lent the sum of $448,000.00 by Homecomings. Therefore, Your Name Here cannot be in default to Homecomings for a loan with Homecomings. (See: Exhibit B pg 6)
l. As stated in Your Name Here affidavit, any payments made by Your Name Here to Homecomings their successors and assigns were made only because Your Name Here misread the DEED OF TRUST and ADJUSTABLE RATE NOTE and believed she was receiving a loan from Homecomings that made her liable to make payments for the loan.
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Interpret the DEED OF TRUST and ADJUSTABLE RATE NOTE;
B. Have Defendants provide absolute proof that Your Name Here was given a loan from Homecomings for $448,000.00 on May 31, 2006;
C. If this Court finds no evidence that Your Name Here ever received a loan from Homecomings, Order that Defendant’s reimburse Your Name Here for all costs involved in obtaining the loan she never received, and return all payments she made for the loan she never received from Homecomings;
D. Determine if Defendant Homecomings is in actuality a “Fictitious Payee;”
E. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Homecomings;
F. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Countrywide Home Loans Inc.;
G. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Bank of America, N.A.;
H. Award Your Name Here her court costs and fees incurred herein.
COUNT 2
No entity exists today with the right to
Foreclose on Your Name Here real property
41. Your Name Here reaffirms and realleges paragraphs 1 through 40 as if set forth more fully herein below.
42. On or about June 9, 2010, Your Name Here hired William McCaffrey (“McCaffrey”) of Housing Mortgage Consultants, Inc. (a certified banking expert witness) to investigate the identity of the actual Holder and Holder in Due Course of the ADJUSTABLE RATE NOTE dated May 31, 2006 and what entity (if any) has the right to foreclose on her real property.
43. McCaffrey prepared a Forensic Exam that includes the Pooling and Servicing Agreement for Alternative Loan Trust 2005-J13 and an Affidavit dated September 24, 2010 filed with this Court on September 27, 2010. (A copy of the Affidavit of William McCaffrey is attached hereto as Exhibit D) (See also: Notice of Forensic Examination Analysis by Housing Mortgage Consultants, Inc. filed with this Court on September 27, 2010 hereinafter “Forensic Exam”)
44. As stated in McCaffrey’s Affidavit, Countrywide Home Loans, Inc. sold the ADJUSTABLE RATE NOTE dated May 31, 2006 to Alternative Loan Trust 2005-J13. (See: Forensic Exam pg. 1 of 220) (See also: Exhibit D pg 2 ¶ a)
45. As stated in McCaffrey’s affidavit, McCaffrey states, “I have found no evidence of any intervening endorsements showing a complete chain of endorsement from the originator to the person endorsing the Promissory Note to transfer all interest of the party endorsing to the Depositor and then to the Trust.” (See: Exhibit D pg 3 ¶ b.)
46. Your Name Here has discovered no assignment assigning any beneficial rights for the DEED OF TRUST (Maricopa County recorded document #0000000000) to Countrywide Home Loans, Inc. has been recorded in the Maricopa County Recorders Office and therefore believes none exists.
47. Therefore, upon information and belief, Countrywide Home Loans, Inc. had no lawful right to sell the ADJUSTABLE RATE NOTE dated May 31, 2006 to Alternative Loan Trust 2005-J13 without an assignment assigning any beneficial rights for the DEED OF TRUST to Countywide Home Loans, Inc.
48. Furthermore, Your Name Here has discovered no assignment assigning any rights for the DEED OF TRUST to Alternative Loan Trust 2005-J13 has been recorded in the Maricopa County Recorders Office and therefore believes none exists.
49. Pursuant to Carpenter v Longan (1872), which has never been overturned, the DEED OF TRUST and the ADJUSTABLE RATE NOTE must never be apart in order for the DEED OF TRUST to be valid.
50. Upon information and belief, since no Assignment of the DEED OF TRUST has surfaced in the Maricopa County Recorder’s Office, assigning beneficial rights for the DEED OF TRUST to Countrywide Home Loans, Inc. and
Alternative Loan Trust 2005-J13, the DEED OF TRUST and the ADJUSTABLE RATE NOTE here not and are not together, therefore, invalidating the DEED OF TRUST .
51. Upon information and belief, a DEED OF TRUST that is invalid cannot be foreclosed upon.
52. As stated in McCaffrey’s affidavit, the certificate and bond holders of Alternative Loan Trust 2005-J13 are the Real Party in Interest, as they are the owners of the ADJUSTABLE RATE NOTE dated May 31, 2006 except that pursuant to the 15-D filing with the Security and Exchange Commission, the termination of CWALT/Inc/Alternative Loan Trust 2005-J13 occurred on January 19, 2006. (See: Exhibit D pg 3 ¶ ¶ g and h)
53. McCaffrey states “Pursuant to the Security and Exchange Commission 15 D Filing, CWALT/Inc/Alternative Loan Trust 2005-J13 was terminated on January 19, 2006.” (See: Exhibit D pg 3 ¶ g) (See also: Forensic Exam 15-D Filing)
54. As discovered by McCaffrey’s investigation, Alternative Loan Trust 2005-J13 was already terminated when Your Name Here ADJUSTABLE RATE NOTE was transferred/sold to Alternative Loan Trust 2005-J13.
55. McCaffrey states, “Therefore, no entity exists today with the right to foreclose on Your Name Here property.” (See: Exhibit D pg 3 ¶ h)
56. Your Name Here has discovered nothing in law that allows a corporation to sell a promissory note to a dissolved trust; and continue to claim ownership of the same promissory note; to use said promissory note to enforce any action against a party to said promissory note, and believes no such law exists.
57. Your Name Here has discovered no evidence that a sale of a promissory note to a dissolved trust can be considered as anything other than a criminal act by any court, and believes no such evidence exists.
58. As stated in the pooling and servicing agreement for Alternative Loan Trust 2005-J13, The Bank of New York was the Trustee for Alternative Loan Trust 2005-J13. (See: Forensic Exam pg. 1 of 220)
59. As stated in the pooling and servicing agreement for Alternative Loan Trust 2005-J13, Countrywide Home Loans Servicing, LP was the Master Servicer for Alternative Loan Trust 2005-J13. (See: Forensic Exam pg. 1 of 220) 60. As stated in the pooling and servicing agreement for Alternative Loan Trust 2005-J13, Countrywide Home Loans, Inc. was the seller of ADJUSTABLE RATE NOTE dated May 31, 2006. (See: Forensic Exam pg. 1 of 220)
61. Since Bank of America, N.A. merged with Countrywide in July 2008, Countrywide Home Loans Servicing, LP was only the Master Servicer for Alternative Loan Trust 2005-J13therefore, Bank of America N.A. could only have been the Master Servicer for Alternative Loan Trust 2005-J13 and not the holder in due course of the ADJUSTABLE RATE NOTE.
62. Upon information and belief, Bank of America, N.A. had no lawful right to commence foreclosure proceedings on Your Name Here real property.
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Determine and declare if Countrywide Home Loans, Inc. had the lawful right to sell the ADJUSTABLE RATE NOTE dated May 31, 2006 to Alternative Loan Trust 2005-J13;
B. Determine and declare whether or not Alternative Loan Trust 2005-J13 was terminated on January 19, 2006 as stated in the Security and Exchange Commission 15 D Filing, for CWALT/Inc/Alternative Loan Trust 2005-J13;
C. Determine and declare whether or not Your Name Here has any obligation to the ADJUSTABLE RATE NOTE dated May 31, 2006 since it was sold to the terminated Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc.;
D. Determine and declare whether or not the investors of Alternative Loan Trust 2005-J13 are the real party in interest of the DEED OF TRUST and what authority they would have to foreclose on Your Name Here real property since Alternative Loan Trust 2005-J13 is terminated;
E. Determine and declare if the Defendant, Recon Trust Company, N.A, does have the right pursuant to ARS § 33-801 et seq. to act as the Trustee of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
F. Determine and declare if the Defendant, Bank of America, N.A. does have the right pursuant to ARS § 33-801 et seq. to act as the Beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
G. Determine and declare if the Defendants, BAC Home Loans Servicing, LP does have the right pursuant to ARS § 33-801 et seq. to act as the Beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
H. Enter a temporary restraining order preventing Recon Trust Company, N.A. and Bank of America, N.A. or BAC Home Loans Servicing, LP from exercising the power of the Trustee and Beneficiary of the DEED OF TRUST pursuant to ARS § 33-801 et seq., until such time that Recon Trust Company, N.A. and Bank of America, N.A. or BAC Home Loans Servicing, LP can clearly establish by documentary evidence that they have the right to do so;
I. Order that Defendants correct all filings with the Maricopa County
Recorder’s Office;
J. Order that a Cancellation of Trustee Sale be immediately recorded in
the Maricopa County Recorders office by Recon Trust Company, N.A. post haste;
K. Award Your Name Here her court costs and fees incurred herein.
COUNT 3
Defendants have filed false and/or forged
Documents in a public office in violation of A.R.S. § 39-161
63. Your Name Here reaffirms and realleges paragraphs 1 through 62 as if set forth more fully herein below.
64. Upon information and belief, MERS recorded a false and/or forged
Substitution of Trustee document on December 4, 2008, in the Maricopa County Recorders office (A copy of the Substitution of Trustee Maricopa County Recorded document # 0000000000 is attached hereto as Exhibit E).
a. Pursuant to the document, MERS appointed Recon Trust Company, N.A. as successor Trustee.
b. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, MERS had no standing in which to act as the beneficiary of the DEED OF TRUST and appoint Recon Trust Company, N.A as successor Trustee.
65. Upon information and belief, Recon Trust Company, N.A. recorded a false and/or forged Notice of Trustee Sale Arizona document on December 4, 2008, in the Maricopa County Recorders office (A copy of the Notice of Trustee Sale Maricopa County Recorded document # 00000000 is attached hereto as Exhibit F) in which the document claimed the beneficiary was MERS.
a. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, MERS had no standing in which to act as the beneficiary of the DEED OF TRUST and appoint Recon Trust Company, N.A. as successor Trustee.
b. Therefore, upon information and belief, Recon Trust Company, N.A. had no standing in which to record the Notice of Trustee Sale Arizona document.
66. Upon information and belief, Recon Trust Company, N.A. recorded a false and/or forged Cancellation of Notice of Trustee Sale Arizona document on July 21, 2009 in the Maricopa County Recorders office (A copy of the Cancellation of Notice of Trustee Sale Maricopa County Recorded document # 00000000000 is attached hereto as Exhibit G) in which the document claimed the beneficiary was MERS.
a. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, MERS had no standing in which to act as the beneficiary of the DEED OF TRUST and appoint Recon Trust Company, N.A. as successor Trustee.
b. Therefore, upon information and belief, Recon Trust Company, N.A. had no standing in which to record the Cancellation of Notice of Trustee Sale Arizona document.
67. Upon information and belief, MERS recorded a false and/or forged Corporation Assignment of DEED OF TRUST document on February 8, 2010, in the Maricopa County Recorders office (A copy of the Corporation Assignment of DEED OF TRUST Maricopa County Recorded document # 0000000000000 is attached hereto as Exhibit H).
a. Pursuant to the document, MERS assigned all beneficial interest in the DEED OF TRUST to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP.
b. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, MERS had no standing in which to act as the beneficiary of the DEED OF TRUST and assign all beneficial interest in the DEED OF TRUST to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP.
68. Upon information and belief, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP recorded a false and/or forged Substitution of Trustee document on February 8, 2010, in the Maricopa County Recorders office (A copy of the Substitution of Trustee Maricopa County Recorded document # 00000000000 is attached hereto as Exhibit I).
a. Pursuant to the document, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP appointed Recon Trust Company, N.A. as successor Trustee.
b. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP had no standing in which to act as the beneficiary of the DEED OF TRUST and appoint Recon Trust Company, N.A. as successor Trustee.
69. Upon information and belief, Recon Trust Company, N.A. recorded a false and/or forged Notice of Trustee Sale Arizona document February 8, 2010, in the Maricopa County Recorders office (A copy of the Notice of Trustee Sale Maricopa County Recorded document # 0000000000 is attached hereto as Exhibit J) in which the document claimed the beneficiary was Bank of America.
a. Upon information and belief, given the fact that the ADJUSTABLE RATE NOTE dated May 31, 2006 was already sold to Alternative Loan Trust 2005-J13 by Countrywide Home Loans, Inc. on or before the merger with Bank of America, N.A. in July 2008, Bank of America had no standing in which to act as the beneficiary of the DEED OF TRUST.
b. Furthermore, pursuant to the pooling and servicing agreement, Countrywide Home Loans Servicing LP was only the Master Servicer for Alternative Loan Trust 2005-J13, therefore, when Bank of America merged with Countrywide in July of 2008, Bank of America could only have rights as a Master Servicer for Alternative Loan Trust 2005-J13 and not rights to act as the beneficiary of the DEED OF TRUST.
c. Therefore, upon information and belief, Recon Trust Company, N.A. had no standing in which to record the Notice of Trustee Sale Arizona document.
70. Therefore, upon information and belief, none of Defendants have any right and/or authority to hold the Trustee Sale currently scheduled for October 7, 2010.
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Determine and declare if Defendant, MERS, does have the right pursuant to ARS § 33-801 et seq. to act as the beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
B. Determine and declare if Defendant, Recon Trust Company, N.A, does have the right pursuant to ARS § 33-801 et seq. to act as the Trustee of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
C. Determine and declare if Defendant, Bank of America, N.A. does have the right pursuant to ARS § 33-801 et seq. to act as the Beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
D. Determine and declare if Defendant, BAC Home Loans Servicing, LP does have the right pursuant to ARS § 33-801 et seq. to act as the Beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
E. Enter a temporary restraining order preventing MERS, Recon Trust Company, N.A., Bank of America, N.A. and BAC Home Loans Servicing, LP from exercising the power of the Trustee and Beneficiary of the DEED OF TRUST pursuant to ARS § 33-801 et seq., until such time that MERS, Recon Trust Company, N.A. and Bank of America, N.A. and BAC Home Loans Servicing, LP can clearly establish by documentary evidence that they have the right to do so;
F. Determine whether A.R.S. § 39-161 was violated by any and all Defendants;
G. Determine whether the commission of felonious acts against the state of Arizona by Defendants can be used as grounds to commence a non-judicial foreclosure;
H. Determine whether Defendants can claim legal ownership through the filing of false and/or forged documents in a public office in Arizona;
I. Determine whether the jurisprudence of True Owner being of higher authority than Legal Owner as established by Keech v. Stanford (1726) may be overturned by this Court;
J. Order that Defendants correct all filings with the Maricopa County
Recorder’s Office;
K. Order that a Cancellation of Trustee Sale be immediately recorded in
the Maricopa County Recorders office by Recon Trust Company, N.A. post haste;
L. Award Your Name Here her court costs and fees incurred herein.
COUNT 4
Defendants received pecuniary gain
from a loan Plaintiff never received
71. Your Name Here reaffirms and realleges paragraphs 1 through 70 as if set forth more fully herein below.
72. Upon information and belief, Your Name Here made numerous payments to Homecomings for a loan she never received from Homecomings.
73. Upon information and belief, Homecomings has received pecuniary gain from Your Name Here payments for a loan she never received from Homecomings.
74. Upon information and belief, Homecomings sold the ADJUSTABLE RATE NOTE from Your Name Here to Countrywide Home Loans, Inc.
75. Upon information and belief, Your Name Here made numerous payments to Countrywide Home Loans, Inc. for a loan she never received from Homecomings.
76. Upon information and belief, Countrywide Home Loans, Inc. has received pecuniary gain from Your Name Here payments for a loan she never received from Homecomings.
77. Upon information and belief, on or about July 1, 2008, Countrywide Home Loans, Inc. merged with Bank of America, N.A.
78. Upon information and belief, Your Name Here made numerous payments to Bank of America, N.A. for a loan she never received from Homecomings.
79. Upon information and belief, Bank of America, N.A. has received pecuniary gain from Your Name Here payments for a loan she never received from Homecomings.
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Interpret the DEED OF TRUST and ADJUSTABLE RATE NOTE ;
B. Have Defendants provide absolute proof that Your Name Here was given a loan from Homecomings for $448,000.00 on May 31, 2006;
C. If this Court finds no evidence that Your Name Here ever received a
loan from Homecomings, Order that Defendant’s reimburse Your Name Here for all costs involved in obtaining the loan she never received, and return all payments she made for the loan she never received from Homecomings;
D. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Homecomings;
E. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Countrywide Home Loans, Inc.;
F. Determine if Your Name Here is entitled to recover the consideration she delivered to Defendant, Bank of America, N.A.;
G. Award Your Name Here her court costs and fees incurred herein.
COUNT 5
Report by Charles J. Horner uncovers
evidence of “Fraud, Malfeasance, and Perjury”
80. Your Name Here reaffirms and realleges paragraphs 1 through 79 as if set forth more fully herein below.
81. On or about May 2010, Your Name Here hired Charles J. Horner and Associates (“Horner”) to conduct a Forensic Examination of the current recorded foreclosure documents, (Corporation Assignment of DEED OF TRUST, Substitution of Trustee, and Notice of Trustee Sale), all dated February 6, 2010. (A copy of the Corporation Assignment of DEED OF TRUST, Substitution of Trustee, and Notice of Trustee Sale are attached hereto as Exhibits H, I and J) (A copy of the Forensic Examination by Charles J. Horner and Associates dated May 17, 2010 is attached hereto as Exhibit K)
82. The Horner Forensic Examination indicates evidence of “Fraud, Malfeasance, and Perjury” resulting in violations of A.R.S. §§ 13-2311, 33-420, 33-804, 33-808, which have been committed by Recon Trust Company, N.A. regarding the foreclosure documents (See: Exhibit K pages 6-8)
83. As stated in Horner’s Examination, Recon Trust Company, N.A. created the necessary foreclosure documents appointing Bank of America N.A. the beneficiary of the DEED OF TRUST and Recon Trust Company, N.A. the Successor Trustee. (See: Exhibit K pages 6-8)
84. As stated in the document, ????????, Assistant Secretary of Mortgage Electronic Registration Systems, Inc. (“MERS”) signed a Corporation Assignment of DEED OF TRUST in Tarrant County, Texas dated February 6, 2010. (See: Exhibit H).
85. As stated in the document, Notary, ????????, personally witnessed the signature of Laura Dalley and verified the same with her Texas driver’s license. (See: Exhibit H).
86. According to Horner’s Forensic Examination, the Assigner, MERS does not have offices in Tarrant County, Texas, from which Laura Dalley could have signed the Corporation Assignment of DEED OF TRUST of behalf of MERS. (See: Exhibit H and See also: Exhibit K, page 6(1) fraud, malfeasance and perjury).
87. Pursuant to the Corporation Assignment DEED OF TRUST Arizona Dated February 6, 2010, MERS appointed BAC Home Loans Servicing, LP the Beneficiary.
88. Pursuant to the document, ????????, Assistant Secretary of BAC Home Loans Servicing, LP signed a Substitution of Trustee Arizona in Tarrant County, Texas dated February 6, 2010. (See: Exhibit I)
89. Pursuant to the document, Notary, ????????, personally witnessed the signature of Melissa Wiley and verified the same with her Texas driver’s license. (See: Exhibit I).
90. According to Horner’s Forensic Examination, the Assigner, BAC Home Loans Servicing, LP does not have offices in Tarrant County, Texas, from which ????????could have signed the Substitution of Trustee Arizona on behalf of BAC Home Loans Servicing, LP. (See: Exhibit I and See: Exhibit K pg 7 (1) Defective Substitution of Trustee).
91. Pursuant to the Substitution of Trustee Arizona Dated February 6, 2010, BAC Home Loans Servicing, LP appointed Recon Trust Company, N.A. the Successor Trustee.
92. Horner’s Forensic Examination indicates that ????????, signed as Team Member of Recon Trust Company, N.A. a Notice of Trustee Sale Arizona in Tarrant County, Texas dated February 6, 2010. (See: Exhibit J)
93. Pursuant to the document, Notary, ????????, personally witnessed the signature of ????????and verified the same with her Texas driver’s license. (See: Exhibit J).
94. According to Horner, Recon Trust Company, N.A. does have offices in Tarrant County, Texas. (See: Exhibit K pg 7)
95. Upon information and belief, pursuant to Horner’s Forensic Examination, employees of Recon Trust Company, N.A. composed the Corporation Assignment of DEED OF TRUST and possibly forged the signature of ????????, as Assistant Secretary of Mortgage Electronic Registration Systems, Inc.
96. Upon information and belief, pursuant to Horner’s Forensic Examination, employees of Recon Trust Company, N.A. composed the Substitution of Trustee Arizona and possibly forged the signature of ????????, Assistant Secretary of BAC Home Loans Servicing LP.
97. Horner discovered evidence of notary fraud committed by Notary ????????who notarized the Corporation Assignment of DEED OF TRUST, Substitution of Trustee Arizona, and Notice of Trustee Sale Arizona, all dated February 6, 2010 in Tarrant County, Texas. (See: Exhibit K page 7).
98. Pursuant to Horner’s Forensic Examination, Notary ????????, who notarized the foreclosure documents dated 2-6-2010, is employed by Recon Trust Company, N.A. and as such, does not have an unbiased interest in the instruments she is acknowledging. (See: Exhibit K page 8).
99. Upon information and belief, Notary ????????did not personally witness the signatures of ????????or ????????as she claimed with her notarization.
100. Upon information and belief notary fraud may have occurred regarding the notarizations on the foreclosure documents; Your Name Here filed a complaint against notary, ???????? with the Secretary of State of Texas on June 17, 2010. (A copy of the notary complaint against ????????is attached hereto as
Exhibit L).
101. As stated in notary ????????affidavit, she is not able to produce her notary records for February 6, 2010. A copy of notary ????????affidavit is attached hereto as Exhibit M)
102. Your Name Here believes, pursuant to Horner’s Forensic Examination, Defendants have filed and/or recorded numerous forged, and/or false documents into the Maricopa County Recorder’s Office to steal Plaintiff’s property in violation of A.R.S. § 39-161 et al.
103. Upon information and belief, Your Name Here believes MERS, Bank of America, N.A., BAC Home Loans Servicing, LP and Recon Trust Company N.A. are attempting to commit the unlawful conversion of Your Name Here real property by committing the felonious act against the state of Arizona of filing false and/or forged documents in a public office.
104. Upon information and belief, the Trustee Sale of Your Name Here real property currently set for October 7, 2010 was unlawfully set by Recon Trust Company N.A., who is the unlawful nominee of BAC Home Loans Servicing who, is the unlawful nominee for MERS, who is the nominee for Homecomings, not the current owner of the ADJUSTABLE RATE NOTE, the investors that invested in Alternative Loan Trust 2005-J13.
105. In order to prevent the act of unlawful conversion of Your Name Here real property, the trustee sale should be cancelled immediately and the Defendants should be restrained from committing anymore felonious acts against Your Name Here real property and the state of Arizona.
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Determine and declare if the Defendants, MERS, Bank of America, N.A., BAC Home Loans Servicing, LP and Recon Trust Company, N.A, do have the right pursuant to ARS § 33-801 et seq. to act as the Trustee and Beneficiary of the DEED OF TRUST and exercise any rights or obtain any remedies thereto;
B. Enter a temporary restraining order preventing MERS, Bank of America, N.A., BAC Home Loans Servicing, LP and Recon Trust Company, N.A, from exercising the power of the Trustee and Beneficiary of the DEED OF TRUST pursuant to ARS § 33-801 et seq., until such time that MERS, Bank of America, N.A., BAC Home Loans Servicing, LP and Recon Trust Company, N.A, can clearly establish by documentary evidence that they have the right to do so;
C. Order that Defendants correct all filings with the Maricopa County
Recorder’s Office;
D. Order that a Cancellation of Notice of Trustee Sale be immediately recorded in the Maricopa County Recorders office post haste;
E. Award Your Name Here her court costs and fees incurred herein.
COUNT 6
Numerous statutory notice violations and contractual provision violations occurred with the Trustee’s Sale process against the referenced DEED OF TRUST.
106. Your Name Here reaffirms and realleges paragraphs 1 through 105 as if set forth more fully herein below.
107. Upon information and belief, the Arizona Supreme Court (and others) has ruled that lenders must strictly comply with DEED OF TRUST statutes. Further the court has ruled that any Trustee’s Sale which is held without complying with the notice requirements of statutes would be VOID.
108. According to the Arizona Supreme Court lenders are required to “Strictly Comply” with all contract provisions and statutory notice requirements for the Trustee’s Sale to yield a valid sale in the state of Arizona.
109. According to the referenced DEED OF TRUST, Section 22, paragraph 1, subsection c and Section 7c of the referenced Note, Lenders are required to initiate a power of sale on “a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured.”
110. Upon information and belief, none of the Defendants have provided such notice prior to recording the Notice of Trustee’s Sale Arizona.
111. Your Name Here states on and for the record that she did not receive a
Statement of Breach letter 30 days prior to receiving the Notice of Trustee Sale
Arizona.
112. Therefore, upon information and belief, numerous statutory notice violations associated with the unlawful Trustee’s Sale process against the referenced DEED OF TRUST has occurred.
113. Upon information and belief, the Notice of Trustee Sale Arizona was not an exact copy of the recorded Notice of Trustee Sale Arizona, thus Your Name Here contends the current Trustee Sale must be cancelled immediately pursuant to the law.
Supporting Cases:
See: Patton v. First Federal Savings and Loan Assoc. of Phoenix
(118 Ariz. 473, 578 P.2d 152. Mortgages 353 (1978))
Case HOLDING:
“If a trustee's sale, conducted pursuant to a DEED OF TRUST , is held without complying with statutory notice requirements, such a sale would be VOID, for statutes set forth only procedure for a valid trustee's sale. A.R.S. § 33-801 et seq.”
See also: LeDesma v. Pioneer National Title Insurance Company
(129 Ariz. 171, 629 P.2d 1007. Mortgages 352.1 (1981))
Case HOLDING:
“Strict compliance with notice requirements is essential to valid sale under DEED OF TRUST .”
See also: Schaeffer v. Chapman 176 ARIZ .326, 861 P.2d 611 (1993))
Case HOLDING:
“30-day notice period in DEED OF TRUST was separate from 90-day period set forth by statute and lenders' failure to give total of 120-day notice prior to sale was breach of DEED OF TRUST ”
See also: Glad Tidings Church of America v. Hinkley
(71 Ariz. 306, 226 P.2d 1016 (1951))
Case HOLDING:
“the law does not favor forfeitures and if a party would avail himself of a contractual provision providing for such a forfeiture, he must comply strictly with all the requirements of the contract.”
114. Your Name Here has notified all parties of the above violations. (A copy of the Lawful Notice dated September 23, 2010 is attached hereto as
Exhibit N).
RELIEF REQUESTED
WHEREFORE, Your Name Here respectfully requests that this Court enter judgment as follows:
A. Determine and declare if any of the Defendants committed statutory notice violations and contractual provision violations with the Trustee’s Sale process against the referenced DEED OF TRUST;
B. Order that a Cancellation of Notice of Trustee Sale be immediately recorded in the Maricopa County Recorders office post haste;
C. Award Your Name Here her court costs and fees incurred herein.
CONCLUSION:
115. Your Name Here contends, that there exists a broken chain of ownership and that none of the Defendants have the right to act as the Trustee or Beneficiary of the DEED OF TRUST pursuant to A.R.S. § 33-301et seq.
116. Based upon the forgoing, a controversy exists as to whether or not any of the Defendants, are qualified or entitled sell Your Name Here Property as permitted by A.R.S. § 33-807.
117. By reason of the foregoing a declaratory judgment is both necessary and proper in order to set forth and determine the rights, obligations and liabilities that exist among the parties to the purported agreements that contained aliases used to confuse a party to the purported agreement.
118. Your Name Here has incurred Court costs and fees in this matter.
119. Should Your Name Here prevail in this matter she is entitled to an award of Court costs and fees pursuant to A.R.S. §§ 12-341 and 12-341.01.
120. Your Name Here has filed contemporaneously herewith; a Motion to Sequester the ADJUSTABLE RATE NOTE; and a Motion for a Temporary Restraining Order and Preliminary Injunction to enjoin the Defendants from conducting a Trustee’s Sale unless and until such time that the Defendant’s can establish to this Court that they are qualified to act and exercise the powers and remedies of the Trustee and Beneficiary pursuant to A.R.S. § 33-801 et seq.
121. Your Name Here has filed contemporaneously herewith; a second Affidavit, dated September 26, 2010, wherein Your Name Here, in her position as Certified Title Abstractor, states on and for this Court’s record under oath and penalty of perjury that “pursuant to McCaffrey’s affidavit dated September 24, 2010, the ADJUSTABLE RATE NOTE was sold to Alternative Loan Trust 2005 J-13 by July 2008” and “Alternative Loan Trust 2005 J-13 terminated January 19, 2006;”
and therefore “ …. all of the foreclosure documents recorded in the Maricopa County Recorder’s Office are invalid…” (See attached hereto as Exhibit O)
THIS CASE IS NOT AVAILABLE FOR REMOVAL TO U.S.D.C.
122. Your Name Here reaffirms and realleges paragraphs 1 through 121 as if set forth more fully herein below.
123. Pursuant to, inter alia, 28 U.S.C. § 1441(b), this case is not removable to United States District Court for the following reasons:
a. Inter alia, Arizona Constitution Article II DECLARATION OF RIGHTS §§ 4, 13, 32, and others.
Section 4. Due process of law: No person shall be deprived of life, liberty, or property without due process of law.
Section 13. Equal privileges and immunities: No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Section 32. Constitutional provisions mandatory: The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.
b. Whereas some Defendant corporations are by constitutional right “citizens” of Arizona; and
c. Whereas Plaintiff has the inalienable right to due process of law; and
d. Whereas the aforementioned constitutional rights are mandatory; and
e. Whereas 28 U.S.C. § 1441(b) states in part:
b) “…Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.”
THEREFORE, this case cannot be removed to U.S.D.C. without depriving Plaintiff of Plaintiff’s Due Process of Law Rights pursuant to the Arizona Constitution’s Declaration of Rights; and in accordance with federal law.
VERIFIED STATEMENT
The undersigned Plaintiff, Your Name Here, pro per, a woman, and a civilian, hereinafter “Plaintiff”, does solemnly declare and state as follows:
1. Plaintiff is competent to state the matters set forth herein.
2. Plaintiff has knowledge of the facts stated herein.
3. All the facts herein are true, correct and complete, not misleading, to the best of Plaintiffs knowledge and belief, and admissible as evidence, and if called upon as a witness, Plaintiff will testify to their veracity.
DATED: the 27th day of September, in the year of Our Lord, 2010
BY: ____________________________, agent
Your Name Here, pro per
Signed reserving all my rights at A.R.S. § 47-1308
OTHER CASES IN SUPPORT OF PLAINTIFF’S ALLEGATIONS
Carpenter v. Longan, 83 U.S. 16 Wall. 271
Wells Fargo, Litton Loan v. Farmer, 867 N.Y.S.2d
Wells Fargo v. Reyes, 867 N.Y.S.2d 21.
HSBC Bank v. Peabody, 866 N.Y.S.2d 91 EquiFirst
Indymac Bank v. Boyd, 880 N.Y.S.2d 224
Indymac Bank v. Bethley, 880 N.Y.S.2d 873
HSBC Bank National Trust Co v. Torres, NY Slip Op 51471U
Wells Fargo v. Reyes, 867 N.Y.S.2d 21
Wells Fargo, Litton Loan v. Farmer, 867 N.Y.S.2d 21
United States v. Kis, 658 F.2d, 526 (7th Cir.).
Indymac Bank v. Bethley, 880 N.Y.S.2d 873
Heintz v. Jenkins, 514 U.S. 291; 115 S. Ct. 1489, 131 L. Ed. 2d 395
Lebanon Correctional Institution v. Court of Common Pleas 35 Ohio St.2d
Wells Fargo Bank, v. Byrd, 178 Ohio App.3d 285,
Stachnik v. Winkel, 394 Mich. 375, 387; 230 N.W.2d 529, 534
United States v. Kis, 658 F.2d, 526 (7th Cir.).
U.S. v. Tweel, 550 F.2d 297 (1977).
Menominee River Co. v. Augustus Spies L & C Co., 147 Wis. 559 at p. 572; 132 NW
In re Hwang, 396 B.R. 757, 766-67 (Bankr. C.D. Cal.).
Mortgage Electronic Registration Systems, Inc. v. Chong, 824 N.Y.S.2d 764
Landmark National Bank v. Kesler, 289 Kan. 528, 216 P.3d 158 20.LaSalle Bank v. Ahearn, 875 N.Y.S.2d 595
Novastar Mortgage, Inc v. Snyder 3:07CV480
DLJ Capital, Inc. v. PA.R.S.ons, CASE NO. 07-MA-17
Everhome Mortgage Company v. Rowland, No. 07AP-615
In Lambert v. Firstar Bank, 83 Ark. App. 259, 127 S.W. 3d 523
Anheuser-Busch Brewing Company v. Emma Mason, 44 Minn. 318, 46 N.W.
Howard & Foster Co. vs. Citizens National Bank, 133 S.C. 202, 130 S.E.
I Morse. Banks and Banking 5th Ed. Sec 65;
Magee, Banks and Banking, 3rd Ed. Sec 248."
American Express Co. v. Citizens State Bank, 181 Wis. 172, 194 NW 427
National Bank of Commerce v. Atkinson, 55 F. 465
National Bank of Commerce v. Atkinson, 8 Kan. App. 30, 54 P. 8
First Nat'l Bank of Tallapoosa v. Monroe, 135 Ga 614, 69 S.E. 1123
Whipp v. Iverson, 43 Wis. 2d 166, 168 N.W.2d 201
Bankers Trust v. Nagler, 23 A.D.2d 645, 257 N.Y.S.2d 298
Leonard v. Springer, 197 Ill 532. 64 NE 299
Menominee River Co. v. Augustus Spies L & C Co.,147 Wis. 559 at p. 572;
Guardian Agency v. Guardian Mut. Savings Bank, 227 Wis. 550, 279 NW 79
Whipp v. Iverson, 43 Wis.2d 166, 279 N.W. 79
Durante Bros. & Sons, Inc. v. Flushing Nat 'l Bank, 755 F.2d 239
Sedima, SPRL v. Imrex Co., 473 U.S. 479, 105 S. Ct. 3275, 87 L. Ed. 2d 346
Wright v. Mid-Penn Consumer Discount Co., 133 B.R. 704 (Pa.).
Moore v. Mid-Penn Consumer Discount Co., Civil Action No. 90-6452 U.S. MA.R.S.hall v. Security State Bank of Hamilton, 121 B.R. 814
Steinbrecher v. Mid-Penn Consumer Discount Co., 110 B.R. 155
Gearing v. Check Brokerage Corp., 233 F.3d 469 (7th Cir.).
Todd v. Weltman, Weinberg & Reis Co., L.P.A., 434 F.3d 432 (6th Cir.)
Delawder v. Platinum Financial, 1:04-cv- 680, 2005 U.S. Dist.
Griffith v. Javitch, Block & Rathbone, LLP, 1:04cv238 (S.D.Ohio,); Hartman v. Asset Acceptance Corp., No. 1:03-cv-113, 2004 U.S. Dist.
Gionis v. Javitch, Block & Rathbone, 405 F. Supp. 2d 856 (S.D.Ohio.); Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 655 (S.D.Ohio),
CERTIFICATE OF SERVICE
ORIGINAL and ONE COPY delivered to THE SUPERIOR COURT OF
THE STATE OF ARIZONA COUNTY OF MARICOPA, this 27th day of September, 2010.
I HEREBY CERTIFY that a true and correct copy of the above COMPLAINT has been furnished by certified U.S. Mail on this 27th day of September, 2010 to:
Certified mail return receipt # 0000 0000 0000 0000 0000
BANK OF AMERICA, N.A.
c/o C T CORPORATION SYSTEM
2394 EAST CAMELBACK ROAD
PHOENIX, AZ 85016
Certified mail return receipt # 0000 0000 0000 0000 0000
BAC HOME LOANS SERVICING, LP
c/o C T CORPORATION SYSTEM
2394 EAST CAMELBACK ROAD
PHOENIX, AZ 85016
Certified mail return receipt # 0000 0000 0000 0000 0000
RECON TRUST COMPANY, N.A.,
a wholly-owned subsidiary of BANK OF AMERICA, N.A.
2380 PERFORMANCE DR.
RICHARDSON, TX 75082
Certified mail return receipt # 0000 0000 0000 0000 0000
COUNTRYWIDE HOME LOANS, INC.
c/o C T CORPORATION SYSTEM
2394 EAST CAMELBACK ROAD
PHOENIX, AZ 85016
Certified mail return receipt # 0000 0000 0000 0000 0000
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
1818 LIBRARY STREET SUITE 300
RESTON, VA 20190
Certified mail return receipt # 0000 0000 0000 0000 0000
HOMECOMINGS FINANCIAL, LLC
(f/k/a/ HOMECOMINGS FINANCIAL NETWORK, INC.)
2338 W. ROYAL PALM ROAD SUITE J
PHOENIX, AZ 85021
BY: ____________________________, agent
Your Name Here , pro per
Signed reserving all my rights at A.R.S. § 47-1308
................
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