This one is fun for all ages. Hint: the answers are already in the motions
EXTRA CREDIT (on all of these): Google the signatories’ names and see who they really work for, how many entitites they have signed for, and if their signatures match in each of 1,000s of filings.
The Note and Deed of Trust Have Taken Divergent Paths and the Evidence is Contradictory on Where Either Went, Creating Legal and Factual Issues.
A. The Deed of Trust
June 9, 14, 2006: original Deed of Trust signed, recorded
Lender is named as Valley Mortgage & Investment, Inc..
MERS is “beneficiary” “solely as nominee for Lender”
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February 23, 2010: purported Assignment of Deed of Trust recorded in violation of ARS 33-420A and ARS 33-404(A) and (G).
Executed by Monica Hadley, as “Assistant Secretary” for MERS
Monica Hadley was actually an employee of a Texas branch of Capital One.
Valley Mortgage, the Note Holder of record (although not in fact), was no longer in existence
Notarization occurred in Texas
Purported transfer was from nominee to Trustee, and not authorized. See, e.g., Weingartner v. Chase Home Finance, LLC, 2010 WL 1006708 (D. Nev. 2010).
July 30, 2010, purported “Corrective Assignment of Deed of Trust” recorded, after this lawsuit filed and pending.
Executed by John W. Wildrick, a Capital One Employee, in a Texas office.
Purporting to assign under the authority of a Certificate issued by Susan Broussard, a claimed Assistant Secretary at Capital One, National Association, from Cap One to this new trust.
Contradicts the previous assignment as well as representations by the servicer’s attorneys in numerous bankruptcy filings to the bankruptcy court.
August 10, 2010 New “Corrective Assignment” also proclaiming to replace the February Assignment but this time from Valley Mortgage to this new trust. Signed by “Darren Bronaugh,” an employee of Quality Loan Servicing (sale trustee or “mill” in parlance) claiming to be a VP of MERS as nominee for Valley Mortgage (the originating party in 2006 who transferred the note in 2006)
August 2010 Substitution of Trustee, Darren Bronaugh (talented as he is) substituted the trustee for his firm Quality Loan Service Corp. (substituted himself as trustee) as Specialized Loan Servicing acting as “attorney in fact” for the US Bank, NA as Trustee “relating to” Chevy Chase Funding LLC Mortgage Backed Certificates Series 2006-3, acknowledged in Colorado by Colleen R. Peters.
August 12, 2010 Notice of Sale Quality Loan Service Corporation (the Trustee) by “Assistant Vice President” Robyn Tassell, claiming that the current “beneficiary” US Bank NA as Trustee “relating to” Chevy Chase Funding LLC Mortgage Backed Certificates Series 2006-3 has come back from the dead to order them to sell the property.
August 2010: Notice of Sale
B. The Promissory Note
June 9 and June 14, 2006: executed by the Plaintiffs and claimed Lender Countrywide Home Loans, Inc.
Securitization Cutoff Date 2006:
For transfers of underlying notes into the newly claimed securitization of the Chevy Chase Funding LLC Mortgage Backed Certificates Series 2006-3.
Reported to the IRS as “true sales” indicating the Note would have been commensurately 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.
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 properly transfer directly from A to D as Defendants now assert.
New Allonge, No Note
Odd new allonge provided with Defendants’ Motion to Dismiss
Allonge is not “affixed” to the original promissory note.
Allonge claims an endorsement by John W. Wildrick, Capital One employee, for Chevy Chase Bank, FSB, and is dated July 28, 2010.
US Bank filed proof of claim and motion for relief from stay under different trust entity name in bankruptcy in April 2010.
See Plaintiffs’ Objection to this newly proffered “evidence” filed commensurately with this Response to Defendants’ Joint Motion to Dismiss.
This new claimed “assignment” does not address how MERS (the claimed original beneficiary as nominee), even if a valid beneficiary (case law says it isn’t) transferred the Deed of Trust from Valley Mortgage to the originator, sponsor/seller, depositor, or to either of the claimed Trusts (the first one claimed in the bankruptcy or the second one claimed as of July 29, 2010).