Bank of America’s Assignment and Blank Endorsement Were Insufficient to Transfer Ownership Interest
Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP v. Nash, Case No. 49-2011-CA-004389, In the Circuit Court of the 18th Judicial Circuit, Seminole County, Florida
The Court finds that:
The Court finds that:
a.) America’s Wholesale Lender, a New York Corporation, the “Lender”,
Specifically named in the mortgage, did not file this action, did not appear at
Trial, and did not Assign any of the interest in the mortgage. ·
b.) The Note and Mortgage are void because the alleged Lender, America’s
Wholesale Lender, stated to be a New York Corporation, was not in fact
incorporated in the year 2005 or subsequently, at any time, by either
Countrywide Home Loans, or Bank of America, or any of their related
corporate entities or agents.
c.) America’s Wholesale Lender, stated to be a corporation under the laws of
New York, the alleged Lender in this case, was not licensed as a mortgage
lender in Florida in the year 2005, or thereafter, and the alleged mortgage loan
is therefore, invalid and void.
d.) America’s Wholesale Lender, stated to be a New Y ork Corporation, did not
have authority to do business in Florida under Florida Statute 607.1506 and
the alleged mortgage loan is therefore invalid and void.
e.) Plaintiff and its predecessors in interest had no right to receive payment on the
mortgage loan because the loan was invalid and therefore void because the
corporate mortgagee named therein, was non-existent, and no valid mortgage
loan was ever held by Plaintiff or its predecessors in interest. ·
f.) The alleged Assignment of Mortgage which purported to transfer interest in
this mortgage to BAC Home Loans Servicing, LP, FKA Countrywide Home
Loans Servicing, LP, as assignee, was invalid because Mortgage Electronic
Registrations Systems, Inc. (MERS), as nominee for America’s Wholesale
Lender had no authority to assign the ovmership interest of said mortgage,
because MERS was not the owner of the subject mortgage and was only a
nominee for America’s Wholesale Lender, an alleged New York Corporation
which was a non-existent Corporation. Said purported assignment was
without authority, and therefore invalid.
g.) Plaintiffs witness had no knowledge of who or what entity might have
instructed MERS as nominee, to attempt to assign or transfer any interest in
said mortgage, which in any event would have been invalid because that entity
(MERS) had no ownership interest in the mortgage and was merely named as
a nominee for the non-existent corporate m0rtgagee.
10. Based upon the foregoing, the Plaintiff, Bank of America, NA, has no standing to
bring this action. The Plaintiff has no legal right to attempt to claim ownership of the subject
Note and Mortgage, or any right as servicer, for some other unknown entity, and is without any
legal basis to attempt to foreclose the subject Mo1tgage, or to collect on the Mortgage Note,
because America’s Wholesale Lender, a New York Corporation, did not exist in 2005, and was
never formed as a Corporation by Plaintiff or its predecessors in· interest. The collection of
mortgage payments by the Plaintiff and its predecessors in interest, was therefore illegal and they
were without any legal right to receive and use or disburse the funds therefrom on behalf of any.
owner of the Note and Mortgage, or any other party.
11. Defendant is therefore entitled to recover from Plaintiff, all funds reflected on
Plaintiffs Exhibit 4 which Plaintiffs witness testified reflected the payment history of monies
paid by Defendant to Plaintiff or its predecessors in interest, because the subject note and
mo1tgage were invalid because the alleged mortgage lender did not exist and did not have the
legal right to receive and retain or disburse said funds.
12. Defendant is also entitled to recover from Plaintiff, all costs and attorney’s fees
incurred . . .