I am going to post real life examples from a handful of cases. When playing this game, remember some basic precepts: 1. you can’t really swear to what you don’t know (Rules of Evidence–personal knowledge requirement) 2. you can’t transfer rights greater than the rights you have (Real Property Law) 3. A copy of a dollar bill is not really the same thing as a dollar bill (UCC Negotiable Instruments and Commercial Paper) 4. You can’t really witness a signature several days before the document is signed 5. You can’t foreclose if the note is no longer secured by the deed of trust 6. “Stealing is fun,” proclaim the servicers. 7. So-called foreclosure mills do not act alone—they do what the claimed “beneficiary” orders (usually the servicer, not a true beneficiary) 8. An agent cannot confer power upon himself; it derives from a principal (Common Law Principal/Agency) Just kidding about number six. Sorta.
Okay, let’s start with this true life genuine authentic example, pled to various yawning Arizona judges, not naming names, do not have a death wish, still have to practice law:
The Players: Countrywide, MERS, The Bank of New York Mellon fka The Bank of New York as Successor to JP Morgan Chase Bank, N.A. as Trustee for Holders of SAMI II 2006-MTG Pass Through Certs, Series 2006-AR6, Bear Stearns, EMC
A. The Deed of Trust
June 8, 14, and 19, 2006: original Deed of Trust signed, recorded
Lender is named as Countrywide Home Loans, Inc.
MERS is “beneficiary” “solely as nominee for Lender”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
October 30, 2009: purported Assignment of Deed of Trust recorded in violation of ARS 33-420A and ARS 33-404(A) and (G). (See Complaint ¶13).
Executed by Leticia Quintana, as “Assistant Secretary” for MERS; Ms. Quintana actually works for Recontrust, the foreclosure mill.
Notarization indicates not made in presence of notary
Defunct Countrywide Home Loans, Inc. was still Lender of record, purporting to transfer to the below Trust
October 30, 2009, Substitution of Trustee recorded by claimed Beneficiary, not Lender (See Complaint ¶12, Ex. C).
Also executed by Leticia Quintana, claiming to be “Assistant Secretary” for The Bank of New York Mellon fka The Bank of New York as Successor to JP Morgan Chase Bank, N.A. as Trustee for Holders of SAMI II 2006-MTG Pass Through Certs, Series 2006-AR6
October 30, 2009, Notice of Trustee’s Sale recorded. (See Complaint ¶14, Ex. D)
The Notice is recorded by Recontrust and lists Bank of New York as the Trustee Agent
It was signed by Karla Mata as “Team Member” for Recontrust
B. The Promissory Note
June 8 and June 14, 2006: executed by the Plaintiffs and claimed Lender Countrywide Home Loans, Inc.
Cutoff Date July 1, 2006:
SEC Filed Securitization Documents (Complaint, Ex. M) indicating the Note would be sold twice in “true sales” from Originator to Sponsor/Seller, from Sponsor/Seller to the Depositor, and then assigned to the Trust for the Investors and perhaps sent to a Custodian.
Countrywide to Bear Stearns Brothers Holdings Inc.
EMC to Structured Asset Mortgage Investments II Inc.
SAMI II to the Custodian
Defendants should have transfer and delivery certificates for these transfers from A-B, B-C, and C-D, as they assured their investors and the IRS and the SEC.
The Deed of Trust should have also transferred with the Note, and commensurate assignments recorded. The Deed of Trust could not transfer directly from A to D as the false recordings show.