Federal Housing Finance Agency

Offrce of Inspector General

400 7th Street, SW
Washington, DC 20024
Phone: (202) 730-0880

September 28,2015

Fax: (202) 318-0239

In the Matter of:

Foreclosure & Criminally Fraudulent
Documents Utilized Against:

Abdiel Echeverria & Isabel Santamaria

499 Cellini Ave NE
Palm Bay, FL 32907
Alleged FHA Case No. 094-5376646-703
Alleged Loan Numbers: 6000002968; 22563127 ; 2417954

To The Complaint Duty Investigator:

Please consider this a formal criminal complaint against Bank of America, N.A.; BAC Home

Loans Servicing, LP.; Countrywide Home Loans; Carringlon Mortgage Services, LLC; and
Marinosci Law Group. As set forth below, the perpetrators mentioned herein have committed
numerous criminal violation against us in reference to the origination, servicing and now illegal
foreclosure of our home.

I would first like to apologize ahead of time for the voluminous complaint at hand but it involves
criminal activity by all the parties involved and as a result, we are in foreclosure (we were served
papers on September 18, 2015). Our family, which includes our two autistic children, were
targeted for a fraudulent loan origination by Taylor, Bean & Whitaker, targeted and abused by
Bank of America and now we are being illegally foreclosed on by puppet foreclosure mill/debt
collector disguised as a legitimate servicer, Carrington Mortgage Services, LLC.
This fraudulent loan has had three (3) different loan numbers so far as seen above.
Our alleged mortgage was fraudulently originated with Taylor, Bean & Whitaker. Taylor, Bean
& Whitaker was closed down in 2009 due to the criminal mortgage practices brought upon by
Lee Farkas who is now serving 30 years in prison. Our mortgage was originated with criminal
fraud for which we were not aware of until much later.

In February 2008 at closing, we gave almost $25,000.00 down payment and spent another
$50,000.00+ in upgrades and repairs. The alleged loan was for approximately $147,000.00. We
Echeverria

Santamaria Illegal Foreclosure Complaint

Page

would never have invested our life savings in our home if we would have known we would be
the victims of such a fraudulent scheme.
Later in 2009, we requested a loan modification from TBW but never received a packet because
of the obvious corruption and investigations that were ongoing. Shortly after, TBW was closed
and we were not aware of it and therefore submitted a payment to TBW in September 2009 after
the closing because we were not notified of any transfer or closing.
When TB&W got raided and closed in2009, my alleged loan was transferred to Bank of
America (BAC Home Loans Servicing, LP). That is when the real torture started. Our September
2009 payment was sent to TB&W by our bi-weekly mortgage plan company Equity Plus because
we were not notified of the transfer. Shortly after becoming aware of the transfer in October
2009,I requested a loan modification from Bank of America because we were still struggling
financially (though we had not missed a payment). Bank of America received the October 2009
payment and even though they began lying about not receiving the September 2009 payment, I
was later sent a check number and confirmation that the check was received from TB&W. At the

time, we were getting our children diagnosed with what turned-out to be autism thereby
increasing our expenses in addition to me (Isabel Santamaria) losing hours from work.

After finally quali$ing "financially" for a loan modification (expense/income ratio), Bank of
America told us to default to prove hardship because we were current on our mortgage. I oniy
missed ONE payment to qualifr for the loan mod (I.lovember 2009). We began to submit all loan
modification documentation to who we had believed to be Bank of America but instead was a
fraudulent company contracted by Bank of America to lose our paperwork, eliminate payments
that were made, comrpt our mortgage account and other fraudulent practices. The company is
Urban Lending Solutions aka Urban Settlement Services.
In addition to the lost paperwork, fraudulent postings and escrow embezzlements, Bank of
America contracted Urban Lending Solutions and Carlisle & Gallagher Consulting Group, Inc. to
deceive us into believing that we were in contact with Bank of America's Office of the CEO and
President. We became aware of these criminal parties and what they were contracted to do to us
and other homeowners in December 2Al3 when Bloomberg conducted an investigative piece on
our experience with Bank of America's Office of the CEO and President. We were the main
subjects for this investigative piece: http://wwr,,v'.bloornberg.cornlnelrys/articles/2013-12I 6isecret-inside-bofa-offi ce-of-ceo-j; tzmied-needy-homeowners.
For months in 2010 and without our knowledge or consent, our regular payments were being
applied as foreclosure fees. As a result, Bank of America would ask for ridiculous amounts of
money that we did not owe and we did not know why at the time. We only missed one payment
(l.{ovember 2009) in order to prove hardship for the loan modification and instead we were being
billed for four payments or more. Our money was being embezzled and we were victims of
o'dual-tracking"
by Bank of America and their criminal contractors.
Echeverria

Santamaria Illegal Foreclosure Complaint

Page 2

Yes, our "regular" payments were applied to "foreclosure fees" and other miscellaneous fees
such as'tacancy fees" without our knowledge or consent (embezzlement). Here we are paying
every month only to get scammed out of our hard-earned money. Our escrow money was also
embezzled after the transfer from Taylor Bean & Whitaker. We even had to make withdrawals
from our 40lk to make a couple of payments in reliance that we would actually receive a loan

modification.
Bank of America began threatening us with foreclosure constantly in the mail and on the phone
and even made me (Isabel Santamaria) have a mini-stroke on the phone with a rep who was
threatening me and harassing me to no end. This happened in front of my then 9 year old autistic
daughter. My health is now ruined. I have not been able to hold employment as a result of these
actions. I have numerous medical and psychological documents to substantiate these claims. We
have been a two-income family for years and have had to accommodate ourselves with one
income all while paying for numerous health and psychological expenses for which Bank of

America and their criminal minions are liable.

Our credit is ruined beyond repair. We cannot finance anything or rent anything because other
than our credit being ruined, we cannot afford it and have nowhere to place our pets. Bank of
America wanted our house at all costs. They continuously lost ow loan modification documents
and we found ourselves submitting them over and over again for many months but it was all in
vain. Then they denied our loan modification for unsubstantiated and contradictory reasons.
For months we had complained to the Governor, Attorney General Congressman, the OCC and
the DOJ to no avail. Bank of America was allowed to do their own "internal" investigations and
as a result, they would lie and contradict themselves in their responses to the investigations.

After no resolution and money stolen from our mortgage & escrow account by Bank of America,
my husband and I then filed a lawsuit against Bank of America et al in December 2010.
However, Bank of America decided to defraud us during litigation as well.
Months after litigation commenced, Bank of America requested and filed a fraudulent MERS
AOM (Assignment of Mortgage) on our property in July 2011 which was almost two years after
the transfer from Taylor Bean and while Taylor Bean was in bankruptcy. (See Exhibit
-0-)
The Assignment was to BAC Home Loans Servicing, LP and Countrywide which were both
"dead" companies. There are also numerous "forgeries" in this assignment. The transfer is also
itlegal because MERS loses their rights once the lender goes into bankruptcy protection. Bank of
America employees used MERS (as Assignor; with an address in Ocala, Florida that violates
MERSCORP's own policies), to self-assign a mortgage to one of its subsidiaries, BAC Home
Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP.
I have attached the complaint that I filed against the notary in California which contains a
de,tailed explanation of the criminal fraud on this particular AOM filed in July 2011 (See Exhibit
S ',. I am also attaching my forensic audit conducted in May 2012 asExhibit 0
Echeverria

Santamaria Illegal Foreclosure Complaint

Page 3

The courts refuse to see the truth. We have been fighting this long and had yet to be foreclosed
on until now. My health and financial future is ruined along with our credit. My husband would
have great credit if it weren't for the fraudulent mortgage reporting. We have complained for
years of the inaccuracies on our credit and disputed the debt to no avail.

In addition, since 2013 we have also filed numerous FOIA requests with HUD for copies of all
of our alleged pooling and servicing documents in regards to the alleged loan and HUD
continued to make excuses for not providing the documents requested (See Exhibit Q__-1. I
have never received anything I ever asked for from HUD and they continuously would change
and deactivate my online password to boot.
In December 2013 after an investigative piece by Bloomberg for which my husband and I were
the featured story, we became aware of the scheme perpetrated against us by Bank of America
and criminal contractors (Urban Lending Solutions and Carlisle & Gallagher Consulting Group,
Inc.) who were utilized to deceive us and other homeowners. (Please see attached Bloomberg
articl e as "Exhi bit-1F--;.
In August 2014, my alleged mortgage was transferred to Carrington Mortgage Services, LLC
from Bank of America after it was known that Ginnie Mae no longer wanted GNMA loans to be
serviced by Bank of America due to their criminal activities. I have sent Carrington several
written requests and letters disputing the debt. I have in my possession Carrington's responses
which include numerous discrepancies as to who the true holder of this alleged mortgage is.
Carrington has alleged that they are the servicer/ owner/ note holder/ investor for this loan and
then attach a "Possession Certificate" from Bank of America from 2013 which alleges that Bank
of America is in possession of the alleged Note.
The last Qualified Written Request that I submitted to Carrington was a request under UCC ARTICLE 3 -$3-501 (b) 2 (1), were \,\re demanded presentation of the alleged negotiable
instrument (Note) and a visual inspection. Carringlon responded and denied our request and also
stated that they

will no longer

answer anymore of our written requests. (See Exhibft

E).

In July 2015,I filed a complaint with the Consumer Financial Protection Bureau regarding
Carrington's refusal to cooperate among other things. In a letter dated September 4,2015,
Carrington alleges that they will comply with my visual request and that an attorney will contact
us to set it up (See Exhibit &)
Little did we know that two days before this letter was
written, Carrington had filed a criminally fraudulent Assignment of Mortgage with the Brevard
County Clerk of Courts on our home.
On September 18, 2015, a process server serves us foreclosure papers at our home. The Plaintiff
is Carrington Mortgage Services, LLC and no other parties.
As we began to analyze the documents attached to the foreclosure papers, we noticed a full-sized
copy of the alleged Promissory Note with the blank endorsement of robo-signer Erla CarterEcheverria - Santamaria Illegal Foreclosure Complaint

Page 4

On September 18, 2015, a process server serves us foreclosure papers at our home. The Plaintiff
is Carrington Mortgage Services, LLC and no other parties.
As we began to analyze the documents attached to the foreclosure papers, we noticed a full-sized
copy of the alleged Promissory Note with the blank endorsement of robo-signer Erla CarterShaw. In addition, even though they attached a required certificate under penalty of perjury as
required in Florida for foreclosure filings, they did not attach a copy of the Assignment of
Mortgage or the Power of Afiorney.
We then began ta analyze the new Assignment of Mortgag,e (AOM) filed on September 2,2015.
The AOM is criminally fraudulent as well (See Exhibft _U). The foreclosure mill law firm
(Marinosci) representing Carrington prepared the assignment and requested that once recorded,
the assignment should be returned to them (Marinosci Law Group, P.C.). in Fort Lauderdale,
Florida. The Assignment of Mortgage was notarized in Orange County Califomia. Orange
County California is the epi-center of this fraud machine.

Marinosci Law Group, without a specific printed name of counsel and only the signature (any
employee could have signed it since there is only a signature and FBN: 106884 and not a printed
name or title identiffing the person who actually signed it who appears to look like the first name
is possibly Sophie), filed a Notice of Lis Pendens in conjunction with the creation of the
foregoing noted Assignment of Mortgage which the Marinosci Law Group itself created for the
purposes of eflectuating a foreclosure in the name of the Plaintiff (Carrington) against us.
Also attached to the lis pendens /foreclosure complaint is now a "Certificate of Note Possession"
for which now claims that the foreclosure mill-type law firm Marinosci (specifically Molly
Carey) reviewed the collateral file which contained the "Original Note". We (defendants) highly
doubt that the foreclosure mill law firm Marinosci has viewed the original note or that it even
exists especially since the originating lender is Taylor, Bean & Whitaker. They likely viewed a
"copy" of the alleged original note. E xh i bi I A
Also attached to the foreclosure complaint is a copy of a Notice of Intent to Accelerate dated
June 25, 2010 tlreatening us to pay $2,990.80 of the total monthly charges allegedly due of
$3,639.81 before July 25, 2010. There are serious problems in attaching this Intent to Accelerate
document to the complaint and testifuing under oath. This is also fraud upon the court and proof
of mail fraud. On June 25,2010, we were only behind ONE month not at least three months as
indicated in this Notice. The monthly payment was approximately than $1,250.00 a month.
Therefore, Bank of America was trying to extort from us an additional $2,400.00+ that we did
not owe. We were also supposed to be in a loan modification review at that time since January
2010. We were not aware at that time that Bank of America was embezzling money from our
mortgage account and applying them illegally to foreclosure fees instead of towards our
payments. Bank of America was trying to'Justify" on paper that we were three (3) months
behind (when we were not) so that they can initiate foreclosure and give the appearance that they
Echeverria

Santamaria lllegal Foreclosure Complaint

Page 5

were doing so according to HUD regulations. This is further proof of the illegal activities
perpetrated against us filed in court.

Furthermore, the "copies" of the Note being presented as evidence and also mailed to us, the
defendants since at least 2011, has a blank endorsement by a robo-signer named Erla CarterShaw. There are many different signatures for this robo-signer who has fraudulently deceived
to view copy of the
many Taylor, Bean & Whitaker victims such as us. See Exhibit ilalleged Note endorsed by Erla Carter-Shaw along with copies of other signatures for Erla CarterShaw fraudulently filed in courts and property records around the country.
The series of a self-assignment and an attomey-directed assignment is suspect for F.C.C.
817.535 and RICO violations. Furthermore, the new AOM clearly states that Carrington is
servicer and attorney-in-fact for Bank of America.

Also attached to this AOM, is a Power of Attorney dated July 31, 2015. This Power of Attorney
was executed on July 31, 2015, one (1) day before Bank of America was set to transfer the
alleged mortgage to Carrington Mortgage Services. In20l4, Ginnie Mae wanted all loans
serviced by Bank of America to be transferred to non-bank servicers as of August 1,2014:
http:(wr,!w.nationalmortgagenews.com/news/servicing/ginnie-mae-nixes-bank-of-americamortgaee-servicing-transfer-1041601-l.html. Our fraudulent loan was one of those loans
transferred. However, Barlk of America is still secretly pulling the strings in this matter but
know that they cannot directly foreclose us for the home because there is pending litigation
regarding the subject loan. Nonetheless, it is indeed fraud upon the court and both Bank of
).
America and Carington were warned of the consequences of such. (See Exhibit K
The foreclosure mill law firm (Marinosci) being utilized to illegally steal our home has also been
responsible for many other fraudulent filings in Osceola County (next county over) as evidenced
in the attached excerpts of the forensic audit requested by Osceola County Clerk of The Circuit
l.
Court, Armando Ramirez. (See Exhibit L

As I am typing this letter, we have a current case in the Eleventh Circuit Court of Appeals
involving the fraudulent servicing of this alleged loan (Case No. l4-15375-BB) that has not been
decided as of the date of this letter.
However, while a case involving the fraudulent servicing of the subject loan is still pending in
appellate court, Carringlon Mortgage Services files a foreclosure after being warned of the
pending case and other investigations.
Due to the dire situation at hand, I implore you to please look at the fraudulent documents and
other evidence I have attached to pursuit a criminal investigation into this matter. I have been

frlingcomplaintssince2010anditallgetssweptundertherug.
Echeverria

Santamaria lllegal Foreclosure Complaint

Page 6

We sincerely appreciate any effort by your department that would be stop these crimes to
continue occurring to us and other fraud victims. Thank you for your time.

Sincerely,

Jr"b,-'/
Isabel Santamaria
499 Cellini Ave NE
Palm Bay, FL32907
Emai 1 : Isabel- 1229@hotmail. com

(32t) 614-644t

CC:

Office of Attorney General

State of Florida
The Capitol PL-01
Tallahassee , FL 32399- 1 050

SEC Headquarters
100 F Street, NE

Washington, DC 20549
(202) e42-8088

Echeverria - Santamaria Illegal Foreclosure Complaint

Page 7

E*h,'b,'l-

cFN 2011129673, oR BK 6421 Paqe 1522, Recorded O1/2O/2OL]Needelrnan, Clerk of Courts. Brevard County

at 03:30 PM. Mitch

Rrurding Requcsted By:

Buh of Americ,
Prepaed By: Duilo Cucrct
888-60J-901

'

When recorded mail ro:

CortLoglc
450 E. Bourdrry St.

Attr; Rclcr!.

D.pa.

Chrpir, SC 29036
I

liltillil ililffitil ilil

DoclDt

fl til tililililI tillltil

74921,56f121969!9

Prot eny Addrss:

Ccllbi Avc NE
Prlm 8&r, FL 32907-1942

,199

ASSIGNMENT OF MORTGAGE
For Value Re*ivcd, thc undersigned hoklerofa lvrortgagc {h.rcin "Assignor") whosc address ir JJ00 S.1*.3.|TII
AVEiIUE, SUITE 101 OCALA, FL l4{'r4 des hercby grilt, ril, 6sign, trmsfer ild conyy utrto BAC HOME

LOANS SERVICIIiG' LP FKA COUNT*.YWIDE HOlrtE LOANS Sf,Rl1CtNG LP whose address is {5t 7TH ST
SW#B'll3' 1?ASHINGTON. DC 204t0 alt bcneicial ihterst und.r that cemin Mongage dercribed bclow togethe,
wilh the oote(s) md obliSatiore thelcin dcsribd ud the money due ud to become duc thcmn with interest md all
rights accrucd oa to accruc under said ivlongagc.
Original Lcnder:

Bonower(s):
DarlofMortgage:
Origiral Lm Amornt:
Original

Rccordcd in

TAT'LO& BEAN & TYHITAKf,R ]\'ORTGAGI CORP.

ABDIEL ECIIEVERRTA AND ISABf,L SANTAMARIA" HUSBAND & WIFS
LA9n006

Sl{4t079.fif

Brwrrd County, FL

on; 316,200E, book OA 5!.1E, page 65lE md insrrument number 2l

-7-/k-//

lN $lTNESS WHEREOF, the undc6igncd has cauxd rhis Assignment of luorttagc ro b cx'

iIIORTGACT ELECTRO:VIC REG ISTRATION St'STE]1IS. INC.

i- rt I

Assistrnt Secrclrry

Witrlrsr Alicc
State

Rowc

ofCslifornia

County

ofVerlurr

on 7- t(- 2ol I

Jt t,'J P:k t-

{
beforeme,
, Notry Public, penonally
appiled Lris Roldan md Melik Basurto f, who proved to me on fie bNir of satisfaciory evidence ro be $e person(s) whose nme(s) jdTac subscribed to the
wifiin instfument and ackno\r ledged to me thar ha,!fidthey execured the ffi in ffitheir authodzed capacity
(ies), ad tha by hi*kr/their signature(s) on the iBstrument rhe person(s), or the entity upon behalfofwhich the
person(s) acred, executed tJre insrumnt.
I c.rrify u[drr PENALTY OF PERJURY Inder the
prr8gnph is lrue snd corruct,

laws

ofthc Strtc ofCsli[ornir that tht forSoing

Wl DI-ESS my hurd md oflicial seal.

Comnisrion * 1837711
ilolnry PubliG ' Crlilotnla

Silta Clr0
(Seal)

iJll'.s[

oF EREVARD

EtBi,'Pf #HIry
,";il:".ii#f,*'ffi[i"*ff*31o,g

**6l?lrr-

CounlY
11.

Evh;

b;l B

STATE OF CALIFORNIA
Secretary of State

Notary Public Section

PO Box 942877
Sacramento, California

For Officral Use Only

Comm Number.
Comm Expiration
County

9427 7 -0001

(e16) 653-35e5

COMPLAINT FORM
COMPLAINANT INFORMATION (please print)
Your Name:
Residence Address

Abdiel Echeverria
cllini Avc
Palrn Flay. Flori<l:r 3?9(17

Business Address.

Name of Notary

Business Address

Drrvers Lrcense No.:

Residence Telephone: {

321) 616-4198

Business Telephone;

;:

NOTARY PUBLIC INFORMATION (please print)

Commission No (if known)
Navid Paktan
q
BusinessTelephone ( q161)
lnlA
\trv'nnclnr(rr,-,-r l:1

?{A

AAO?

1837714

t',tAtUnf OF COMPLAINT (Please print or attach printed or typed statement-use reverse side if needed)

OTHER QUESTIONS (Please ResPond)

1.

2.
3.
4.
5.

1.

2.
3.

ls your signature on the subiect documenus a forgery? YES NO N"A

OiA you $rsonally appsar before the Notary on the date shorvn on the notarial acknowledgment?
tt you appeareo betore the Notary, did you acknowledge signing the subject documenus? YES
Did you sign the Notary's official notary journal r99ord book? YES NO N, A
Do you personally know the Notary? YES hig

YES
NO

No

NIA

NiA

please attach EEEIIEIEp copies of all questioned documents to this complaint {these may be obtained from the County Recorder's Office}.
ptease attach FTilER recordi which peitain to your complaint (examplesdepositions, certified copies of documentt, court lecords)'
please return
complaint torm, the certified copies of questircned documenb and the other documents to the address shown at the top of the

Gi-s

page.

int is true and correct to the best of my knowledge

,rnnrur,

ffi-

rI

STATE OF CALIFORNIA
Secretary of State

Notary Public Section

PO Box 942877
Sacramento, California

For Official Use Only:

Comm Number
Comm

Expiration--

County

9427 7 -go01

(916) 653-3595

COMPLAINT FORM
COMPLAINANT INFCIRMATION (please print)

Santamaria

Your Name:
Residence Address.

lsabel
499 Ccllini Ar,'c NE

Business Address:

None

Name of Notary.
Business Address:

Navirl Paktan

privers Lrcense No i E
Residencetetepnone@

Prlnr Fllv Fl,rri,lr I )Qli7

Business Telephone: ( :Z t )

t,f-O+.t I

NOTARY PUBLIC INFORMATION (please print)

Commissron No (if known): 1837714
lnlA C \Ii,,,--.r--- Cr.^,-t #1
Business Telephone ( 3 t0) Zra-ggOr

reverse side if needed)

printed or

QUESTIONS (Please Respond)

ls your signature on the subject documenUs a forgery? YES NO N' A
Did you personally appear belore the Notary on the date shown on the notarial acknowledgment?
lf you appeared bfore the Notary, did you acknowledge signing the subject documenus? YES
Did you sign the Notary's official notary journal retold book? YES NO N A
Do you pcrsonally know the Notary? YES W

1.

2.
3.
4.
5.

1.

3.

YES
NO

N0 NIA

N/A

please att*h g.ESIlElEg copies of all queslioned documents to this complaint (these may be obtained from the Counry Recorder's Office).
please attmh OTHER rscordi which pertain to your complaint (examplesdepositions, certified copies of documents, court recotds),
please return this complaint form. ihe crtified copies ol questioned documents and the other documents to the address shown at the top of the
Page.

certify that the anformation in this

*r^*r*

is true and correct to

best of my knowledge.

urr"

JlQ-1,,5 -

Notary Public Complaint

Navid Paktan

NATTIRE OF CON{PLAINT

l.

The alleged MERS Assistant Secretar.v- Luis Roldan's signature on our alleged

Assignment of Mortgage does not match other documents signed by notary Navid
Paktan. See Exhibit A - Copy of Certified MERS Assignment of Mortgage
requested by Bank of America#{)22563127 dated.lul,v 18, 201 I (Alleged
Borrowers: Abdiel Echeverria and Isabel Santamaria) and See Exlribit B - 2

different Copies of an Assignment of Deed and Trust allegedl-v signed by Luis

Roltlan, one notarized by lriavid Paktan dated Jan. 19,2012 and the other dated
.lune 27. 2012. The signatures are distinctivoly different from our allegcd
Assignment of Mortgage atlached as Exhibit A. Nk. Paktan is notarizing fbrged and
fiaudulent documents. Pequry.

2.

The MERS Assistant Secretar-v named Malik Basurto's signature on the

alleged Assignment of Mortgage rvhich contains our namcs, does not match other
documents signed by him in Califilrnia. See Exhibit.4 - Copy of Certified MERS
Assignment of Mortgage requested by Bank of America#022563127 (Alleged

Borrowers: Abdiel Echeverria zrrd lsabel Santamaria\. See Exhibit C - 3 different

Assignments of Deed and Trust and Assignment olMortgage allegedly signed by
Malik Basurto in California.

3. Luis Roldan and Malik Basurto

are not MERS employees and much less

Assistant Secretaries for MERS as alleged in these documents. The addresses listed
for these alleged MERS Assistant Secretaries is a Bank of America address. See
Exhihit D - Journal Entries Attached is another journal entry by Malik Basurto
which contains his "alleged" fingerprint, his driver's license number (same as the
journal entry for our alleged assignment) and his signature which is very diffbrent.
http://hot.org/virtualof tice filesinotar).complaint-steggsample.pdf. Mr. Basurto
has been an "actor'" and "golfer" for many years. Mr. Basurto also goes by the
aliases of Malik L. Basurto, Malik L,ee and Malik B. Lee, among others. There is
only one Malik Basurto in Calitbrnia. For obvious reasons and to conceal the
fraud, Mr. Basurto has no history as an employee fbr MERS or Bank of America in
his Facebook page but regardless. it is a "conflict of interest" if he w,as indeed a
Bank of America employee signing as a MERS Assistant Secretary.

Abdiel Echeverria

lsabel Santamaria

Assignment of Mortgage

Notary Public Complaint

Navid Paktan

;1. Alice Rowe signed this Assignment of Mortgage (Exhibit A) as "witness". Alice
Rowe has repeatedly signed documents as a MERS Assistant Secretary although
she was not employed by MERS or was not ar1 Assistant Secretary for MERS. (See

Exhibit E).

5. Ricki Aguilar

signed this Assignment of Mortgage (Exhibit A) as "witness'-'.

Ricki Aguilar has also repeatedly signed documents as a "MERS Assistant

Secretary" although he was not employed by MERS or was not an "Assistant

Secretary'" for MERS. In addition, Mr. Aguilar's sigratures greatly differ from one
another in diffbrent mortgage documents. Ricki Aguiltu was employed by Bank of
America as a "loan processor" from June 201 I to August 2012 as seen on his
resume. However, he deleted his w'ork history with Bank of America on his
Linkedln profile. This fraudulent Assignment of Mortgage was executed on July
18, 201 I when Mr. Aguilar was employed by Bank of America, not MERS. (See

Exhibit F for Ricki Aguilar).

6.

The alleged Bank of America/MERS Assistant Secretary named Ricki Aguilar

signed documents in May 201 l, befbre his employment rvith Bank of America as
per his resume. I{e also has numerous different signatures which are also different

from our alleged Assignment of MortEage,(See Exhibits A and F).

7.

N{ERS was not authorized to transfer this alleged mortgage. MERS loses their
rights as a nominee rvhen the originating lender closes their doors or goes into
bankruptcy protection. ) See Exhihit G - Abdiel Echeverria and [sabel Santarnaria
Forensic Audit). Taylor Bean & Whitaker closed its doors in August 2009 and
went into bankruptcy shortly thereafier.

8. This alleged mortgage/loan

was assigned almost two (2) years after the transfer.

9. At the time of this fraudulent

assignment. Countrywide was no longer a

distinguishable entity" They were consumed hy Bank of America. It had ceased to
exist in July 2009. Nonetheless, this Assignment of Mortgage was transf-erred and
conveyed to Countrpvide and BAC (a subsidiary of Bank of America at the time)
two years after it ceased to exist and Mr. Navid Paktan gladly obligcd in
notarizing this fraudulent document. This is also "conf'lict of interest" because Luis
Abdiel Echeverria

lsabel Santamaria

Assignment of Mortgage

Notary Public Complaint

Navid Paktan

Roldan and Malik Basurto actually' worked fbr the company that rvas beneliting
from the tra:rsf'er and assigrlment (Bank of America aka BAC, Countrl,wide) and
Ir,,tr. Paktarl was aware of it.

10. Notarl, Navid Paktan consisterltll' notarizcs large

anlounts of lbrged and

fraudulent MERS documents lbr Bank ol America regardless of their content that
include fiaudulent signatures such as Luis Roldan. Nlalik Basurto and Ricki
Aguilar (to narle a i-eiv) r,vho hold "take .ioh titles" (ie MHRS Assistant
Secretary) r.vhich is in violation ol l8 U.S. Clode . 1341. l8 Lr.S. Code $ 1342 and
18 LJ S. Code r\ 1346 i,r'ith full knorvledge thereol'with the intent oi'msisting the
perpetrators such as Bank of Anrerica rvith the illegal theft o1'propert.v. See also
Exhibit 11- Chapter 9 "Violations and Penalties'" - Government Code s\ 8214.1(i)
and Criminal Violations 4. (a) and (c) page 77. md Misdemc'anors (a) and (e) page
78.

1. According to Notarl, Navid Paktan. Mr. Roldan and Basurto

"personally"
appeared to him ftrr thc execution of this document lExhibit A) rvhich is highlv
unlikely due to the evidence contained and attached herein. Due 1o the repetitive
nature and magnitude of Bturk of America's tiaud in this regard. it is very' likely
that a large number of docunrents are already pre-signed with a forged signature
and notarized in a srveat-shop ty'pe fasl-rion as seen in this report dated lv{arch 15"
2012 (see Exhibit /). This assignment document {Exhibit A) or the signatures
contained in said document were not verilled tbr its veracity hy Mr. Navid
Paktan. Bank of America is one of N4r. Pakran's most proliflc arid profitable
I

clients and he "repeatedly" notarizes this type of fraudulent document. l-he

legitimacy of this document r.r,a*s not verif-red by N,{r. Paktan or anvone eise.

12. This Assignment of

Mortgage (Exltibit ,4) and other lraudulent documents

were executed turd notarized in ths State of California.

13. ThisfraudulentAssignmentof Mortgage tExltihitJ)dated.trul"v l8,20lland

notarized by Navid Paktan \.\/as recorded on our property records rvith the Cllerk of
the Circuit and County Court Brevard County, Florida on .luly 20.201 lat 3:30 pm.

Abdiel Echeverria

lsabel Santamaria

A,ssignment of Mortgage

'--F-N 2J: - 1: ;a- 3 ,:F :,ii "4i;

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I

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lif -l:19:jj1f-t'rr,rr
to thf
,'*ho proved tr mr on &c basir ofs$ir&trory rvid*re rc be tlie person(s) *h$se flameG) iciail tuhcnbcd
ryitiitri$$Iu$rfi ,rtd lsknowlrdgad to $f rhit hd!r!a{be.r rx&uird thr serfic in h,rr{r{trrrhcit sutho*eDd cnpaciry

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Of trE&JUeY *fidfr lle l4B

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I cerrily l&der ruNALTY

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tek

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P.ge 1?',?

2M2A02926 00175

FORSYTH CO NC FEE $26

PRESENTED & RECORDED
ur?32412 01 2s27 pM
C. NORMAN HOLLEMAN

REGISTER OF DEEOS
8Y: S. GRIFFITH
ASST

BK: RE 3040
PC:1777 -1778

Rccording Requestcd By:

ilffi ililrfiilrililtililffilillltffiIfiil
DoclDf

Benh

ofAncricr

l'rcpucd

112650t47681S28

Properry Addressr

l4t0 Feircrat Dr

Lly:

When recorded mail to:

CorcLogic
450 E,

Bouldrry

SL

Dhm DcAvlh

AaaD:

E{lE-603-90r r
450 E. Bourdrry St.
Chapin, SC 19036

Chapin, SC 2fl)36

RclcrJ! Dc?t.

Win3toD Salcn, NC 21tO6-9620

NCo-IOT l6[OtA

ASSIGNMENT OF DEED OF TRUST

['or Value Rceived, hc undmigned holder oIa Deed of Trusr (herein "Assignor'') whosc address is l90l E
Vwrt.tr Stret, Suilc C, Denr.lllc, lL 6lE3.l does hereby granr, *li, sigq rmsfer ud convey unto THE
BAI\K OF NEW YORK Mf,LLON FK"A TIIE BA ItiK OF ItiEW YORKNS TRUSTEE TOR THE
Cf,RTITICATEHOLDERS OF CWMES INC., CWMBS REPERFORMING LOAN NEMTC TRUST,
CERTIFICATES. S0RIES 2005-RI xhose addre ss is I0l BARCI-AY ST - ,lw, NE\ry YORK, NY 10285 all
beneficial intrest under that cenain Deed of Trust descri&d below logerher wirh tie note(s) and obligarioN
thcrein dscribed and lhe money due and to btrome due threotr with intsresr and ail rights rccrucd or !o accruc
undcr said Ded of lrun.
Original Lendr:

COUNTR}XryIDE IIOMD LOAI{S, INC.

Bonower(s):

WILLIAM CANDELARIA,AIID WITE, EVELYN A. NIEVES

CHERI A HTLL

OriginalTrustce;
Dare of Dwd rrfTrusr:
Original Lom Amomr;

9il7n00t

fl

r2r3E.00 '

Recordcd in Forcyth CorDty, NC on: 9/l

?zfltt,

book 2200. pagc t22E and insuum.nt numbcr

,{6

Subrllt.d lLctronlcrlly by CoELogh ir coopllanct wnt Nortb Camllor statute go?cr!|tr3 rltordabac
doauornts ind thc tcrms of th. ![bmitt r tgrrcmcot wlth thc Fonyth Coung Rcgirtcr of D.rds.

I|$,fl:tt

*",ilffiithtprcsisned

hc

causcd ihis Assisnmot of Dced ol Trust to b qecuted aad

I

MORTGAGU f, LgCTBONIC REGTSTRATTON

SYSTEMS, INC.

-*-+eslse*$e$etayr/

./^:

OO

Eook 3040 Pag 17?8

Stile oiCaliforDis
CounrI 0fVetraurr

o" :JAl{
opp

I g 20U

me,

PEldEn

Notr)* l'iublic, pemonally

ofsatisfctory evidencc tr be
iBsttumcnt drd &kioqledged io ne that h/sh</the}
rt psson(sl iitrose nm"{r) islue ilEiriG;filir*ith:n
"
excculed
the sme in his/her./rheir zuthlriz-ed capacily(ies), eC that by hivhcritheir signat!te(s) on the insmment
before

NBVH

on the basis

the nerson(s), or ih endr-/ upon behalfol'qhich the persln(s) 8cled, sxeculcd the instrumert

I ccrtit und.r PENALTY OF PER.IURI' undrr the lss$ 0f the St.te of Califoruia that the foregoing
paragreph is truc end (orrut.
WITNIISS my hmd md official

DG'iDd

ral

122650E476t152E

2012-09491
RECORDER.,OHN SCIORTINO
POTTAS'ATTAXIE COUilTV. LA
FILE TIl,lE: 06 129 / zotl 10:22:40 AM
ReC:
T TAx:
nt,lA:'.ooAUD;
1,oOECtrt; 1.00

Tl,3 rpEr

aor

Rffid!,'r e

Reccrding Requested By:

lfilllilil fill

DoclDi

tilltffit ilil fi ffitffi fiililil

Bonk of Am.ricr
Prepued By:
Danilo Cucrca

ilil

l?02239950561,1:76

When recorded mail to:

OoreLogic
43) E. Boundery St.

Alln: Relcrle Depl"

800'-441-4502

Chapia, SC 29036

lEOo 1'rpo Crnyo, Bord

Simi V*llev, CA 93063

Properry Address:
1,r00 Plerssnt St

Council Blufrs, lA 51503-6E20

|A0-AM 1895661: E 6reot2

ASSICNMENT OT MORTGAGE
I"or Value Rcccivcd, the undenigned hoider of a Mortgage (lrrein "Assignor"l rvhose addrcss is l 90l E Voorhees
Strccl. Sult C, D{nville, lL 6t83,1 does hftby granr, sell, assign, transtbr altd convey unto BANK Of

AMERICA Iii,A., SUCCESSOR BY MERGER TO BAC HOME LOAf,-S SERVICII\G LP, fKl
COUI\TRYWIDE HOME LOANS SERVTCINC LP whose address is C/O BAC, M/C: CA69I4-0I-43, lEfil
Tlpo Crnyon Road, Simi Vrlley, CA 9.,063 all bencficisl interest undr that certain lvrortgage described below
logcthcr with lhe note(s) and obligalions therein described md the nroney due md to become due thereon wilh
intcrcsl and ali righrs accrued or to accrue undcr said lr,lorlgage

BA\K

Original Lender:

LIBERTY

Made B,v:

VARY X JOIiTiS, A SII{GLE PERSON

Date of Mongage:

t0tr,,nafi

Original Loan Anrounl:

$t0,t2r.00

F.S.B.,,{ CORPORATION

Recordcd in Pottrwrttrmic County, lA on: $n912010, bmk 2010, page 014E69 md instrunent numbr
20tG014E69

lN WITNESS WHEREOF, the undersigned ha

causcd this Assignmenl of Moflgage to be executed on

-*{gfl-t+{0r}
MORTGAGf,

I-ECTROI{IC REGISTR{TION

Stotc of C.lifomi.
Courty ofVnturr

o,

JUI{ 2 7 ?012
beforeme,

MOrea

. Norary Public, personally

who proved to me on the basis of satisfirctory cvidence to be
the pcrson(s) whose nilne(s) is,iare subscribed to rhe within instrumenr rnd ackno*ledged to me that heishenhey
executed the same in hishe?lheir au*orized capaciry(ies), and that by hiVherltheir signature(s) on lhe instrumcnt
the person(s), or the entify upon behalfofwhich the perso[(s) acted, execuisd thc instrument.

appeBred

I cenify undrr PENALTY OF PtrRJURY under tbc lrE's ofthc Strte of Crlifornir thrt the foregoing
pangmph is tnc snd correct
WTTNESS my hand and official seal.

fiiilsi:4i.

s"iJriin6' z o r
IiT"g"" .ran
&ot-pas6.
:orr!:i!iiint"
-ooiiiii-

r - oo or g o

Nd_90.0o
gr.oo sor-ls.oo
lTli.;09
Lurrart lEnBfer Traal(A
pnrdj 9O.OO
ril$ flllflfr

{ilHil{ilfr rilffi tfltilllll

RFeoPo

FeeT'[exA

R,EnqBro,Renr,,!e
Recording Requested By

ilffililr fi ililt

DoclD#

ilililfifi ilil

]t

fl ll ilil

ilfi

6131099655551?206

Banl of Alngricr
Prepared By:

M:r1'Ann HIGrman
EE8-6{'3-90u
{50 E. Boundrry Sl.
Chapin, SC 29036

Properry Addrss:

II14 I'TH AVE

Whcn recor&d mail to:

CoreLogie
{50 E. Boondrry St
Atln: Release Dept.
Chapin, SC 29036

REIURN EN'ELOPE

Councll Bluflq lA 51501

IAo-AM

{Ilel:rll

llr9J2l0

MIX

#: 1000157-0tt0581i3903-2

MERS Phonc

#:

888479-6371

ASSIGNMENT OF MORTCAGE
lbr

Value Received, the undenigred holder ofa Mortgage (herein "AssignoC') whose addrcss is 3300 S.lff' 34?lt
transfer and convey unto BAC HOME

AWNUE, SUITf, 10, OCAIIA, FL 34474 docs hcreby granl sell, assign,

HOME LOANS SXRYICING LP whose address is

13f50 WORI,D GATE DR, HER.ND()N, yA 20170 all beneficial interosl under thal certain Mortgago dcscribed
beto\y together with thc nore(s) and obligarions threin dcscrihed and lhe moncy due and to bwornc due dre:coD
with inlerest and all rights accrue.d or to accnle under said Mortgage.
IOANS SERVICING, LP FI(A COUNTRYWIDE

Original Lender
Made By:
Date of

Mortgnge:

Original Loan
Recordeci in

Amounr:

COUNTRYWIDE HOME LOANS, INC.

}IAI V IIUYNH, AN UNMARRIED MAN
I I/28D005

Sf49,655,00

Pollrwrttsmlc Courry, IA on: l2l9D(n5, book ll)6, page I1630 and instrumcnt number 0l l6t3

IN WITNESS WHBRLOI',

the undersigned has caused this Assignment of Mortgage to be exectrled on

MORTCAGE ELECTRONIC REGISTRATION

By:

Mrlik Brsurto,
Stare of

Asci$|f, Dt Secrelary

Califirrnia

Counly ofYentur&

,^ 5'?.
prou"d tffi

!I

before me. Shannon Stees. Notarr Public. personally appcared Mrllk Basurto, leho
on *e Lisrs ofsarisfactory evidence to be rhc pcrsoni,rf whose narne(,l) iVryd subscribed to the within
insmrm*r and actcrowle<lged to me thar netsl/ennfi execurd the samc in his/b/filr{r authoriz.ed caPacitylr(),
and thar by his/ffi/*r/ir signanfe(g on rhc iistrLrmcnt the person(.trJ. or the cntity upon behalf of which t]e person
B1 acred, exacuied tlie insslrmen!.

I certls under PENALTY Otr, PER.TURY under the lar$ of thc St te of Californir that the forcgoirg
parcgrsph ic lruc rnd corrcct

%
r.a.,"#lli::i:[:3,,,
I

(sca) ;-W-;,[tiffi'u'','ffii

D'(

r ffi 3,tJ2

Starc of California
Cour:ty of Venturr

On

-All[

0t ?0ll boforeme,
B$urto

\J

Notary Public, penonally

appeared Malik
, who proved to mc on the basis ofsatisfEctory evidcnce !o be fte person(ttwhoso namel4J iVgrCsubscribed to the
widrin instrument and acknowledgod to me thar he/shftbfy executd the slmc in his/h.fftbrit authorized mpacity
(rer), md that by hisldr'*rir signafure(.JoD thc inrtruusnt thc pqron(,r|, or thc entity upun bchalf of which the
person(rf ectcd, gxeculed the i0strument.

I ccrtify under PENAITY Otr. PERJURY under the trwr of tb. Sarlc of C.llfornlr tll.t the (oregoirg
paragnph k truc and corut.

o{ fz'//F
okd
Machrd;kwqn
'iirro*r@)
frw4kffi h rthllkl)lY
?

ryPk'{nallrlilK

P6 24

e/fifu 9!54!34 53'

I 8K ],SJ2 M ?I

D'(

OESBTO

CqJHIY,

U.E. DAIJIS,

thlr spre

Tax

77?t98ttttS17126

ID:

Rccording Requested By

lmffi[ffiffiffimmrfiil
DoclB

Ib, Frcorda/J

2{it3lX02m0t23m

*ffirf#r*'.,H.,,

rmorfu maii

CoreLoglc

Prcp*red By:

4!0 E. Bourdery

Cccilie *odriguez
Bt8-60190r I

AttD: Rolc$. I)spl.

Boundrry

Cirpk,

Property AddrEss:
!6O6 A:hford Dr

When

Beak olAmerlcr

43{) D.

MrN4

CH

Chrpiu,

to:

/
St.$J

SC 290J6

St.

SC 29036

MIRS Pl.ore

100012411J0907981t

#:

888-6?9-6377

ASSIGNMENT OF DEED OF TRUST

r Derd of Truit (hcrcin'Arsignor") whoso addruss is 33{X} S.W,
34TH AVENUf,, SUffE fOl OCAL,I, FL 3.!l7l does hcrcby grurt, scll, a$ign, transfer and convey mto BAC
IIOME LOANS Sf,RyICING, LP fXA COUI.ITRIYIDE HOME L,Ot!{S SERVICING. LP whosc
addrcss is 4ffi NATIONAL WAY, SIMI VALLEY, CA 93065 all bcqe ficial inrrert urder tat cenain Deed of
l'rust described below logethcr with &e nots(s) and obligotions thercin &scribed snd lhe monsy duc and to bctomr
due there+n with ioterest and all rights accrued or to accruc undr r&id Dccd ofTrurt.
For Value Received, thc undcrsigncd holdcr of

Lender:
Borrowe(s):
Original Trustre:

Original

Dare

cf Dccd of Trusr:

UnanED WHOLESALf, MORTGAGE

QIIINTON .4. MATTHI WS, IiARRIED MrN CRYSTAL MATTHEWS
ADAMS & EDENS P,A,

4/15/2009

Original l-orn Arnount: S&1.,160,0C

Rccorded in DESOTO Courty, MS on:

4rrln009, book 3,&l0,

page 19 md

inrfi)sent

number

NiA

Property Legal Description:

LOT 123, SECTION B, nryIN LAKES SUSDMSIO'T, SITUATED IN SECTION 6, TOWNSHIP 2
SOUTH, RANGE E WEST, DESOTO COUNTY. MISSISSIPPT, AS PER PLAT T}ITREOF RECORDED
IN PLAT BOOK ?, PAGE 52, IN THE OFFICE OF TI{E CHANCERY CLERX OT DESOTO COUNTY,

MtsstssIPrt.
indexing Instructions; Lot(s): 123 Block{s):

NIA Subdivision: TWIN LAKf,S Torvn: tr SOUTH

IN WTTNESS WHEREOF, the rmdersigned has caulcd this Assigilflcnt of Decd of Tmsl to bB executed on

7. 8, tr

MORTGACE ELECTROiIiIC RECISTRA'NON

SYSTEMS, I!{C.
Byl

#..1&

3.rr#

Mrlik Exurto, Llrirtitt S.cretsry

M
CX.TRI(

x I Br 3,330 p6 ?rJ

State

ofCelifornie

County ofVenlura

app"cared

Malik

,y,tUl,

Berurto

*ho provcd

c,

,,

to mc on thq basis of satisfactory evidence !o be lhe personffwhose namcfillsttu*/suhscribed to ihe

wrthin irrstnimcni and acknowledged to me that heith<t a, exccutad the same ir: his4u,rfhait/authorized capacig,
(jg), ana thar by his/t1rflthrf signatur{qfon the instrumcnl the person(rfor rhe entity upon bchalfofwhich the
prrsonftfacted, excculod the instrument,
,

I ccrtify under PENALTY OF PERJURY under the lsws oftho Strle ofCrlllornia that lhe foregotnB
p8rrgrsph is true eod correct

'

{rubf
U/'olo{
c{
kP'4')'

snfiia); erry troM

r$,ffiijflk

Ttir spae for Roqr&/s

iltfrr$flrlHililtiltffi ffi Ht
DoclDi 105'1530{,97911370

Iililfl

Tax

ID:

1084200300&2t00

Property Addrcss:
8754

Recording Requested By:

Wheo recorded maii to;

Brnk of Amcricr
Prepared By:

CorsLogic
d3) E, Boundrry SL

Cecllie Rodriguez

Attr:

8$-6,03-mrl
{30 E. Bound.ry St
Chrpin, SC 290J6

Chapiu, SC 29036

Relealc Depr,

Crt Teil Covs

*l,'.H::?iH',*"

7D6'41'

\.li-lll

:0001!7.0003ir84J1-t

ASSIGNMENT OF DEED OF TRUST

For Value Reccived,
3,1th Avenu- Suile

tle

l0l

undereigned holder of a Doed of Trust (hercin "Assi3nof') whose ad&ess is 3300 S.W.
Ocrla, FL 34474 das hereby granr, sell, assigr, transfor Bnd corve.y unto THE BAIiK

OF NEw YORK MELLON FKA THE BANI( OF x*EW YORX AS TRUSTEE FOR THE BENEFIT OF
THE CERTMCATEHOLDERS OF THf, CWAAS Ii\C., ASSET.BACKED CERTIFICATES, SERIES
2lXld{l whose arddress is tOt BARCLAY ST - 4W, NEW YORK, l{Y 102t6 all bcncficial interrst under that
certain Ded ofTrust described below togerher with the note(s) and obligatrons therein described and the moaey
due anC ro become due thcreon with interest and all rights accrued or to accrue under said Deed ofTnrst.
C0UNTRYWTDE IIOME LOANS, rNC.
BARRY BROWN, A SIJYGLE MAN
Origrnal Trustee:
CTC REAL ESTATE SERVICES
DareofDeedofTrust: ll/llA003
OriginalLoanAmourt: 3120,900.00
Rcorded in DESOTO County, MS on: llll7l2003, book lt?t, page 00ll afld instrumert oumblr I'i/A
0riginal Lender:
Borrower(s):

Propertv Legal Descriplioa:

LOT 22& SECTION C, NORTH CREEK SUBDMSION, tST REyISION, tN SECTTON 20, TOWNSHIP
T SOUTH. R{NGE I WEST, DES{OTO COUNTY, MISSISSITPI, AS PER PLAT TIIEREOF RECORDED
IN PLAT BOOK 6{, PAGE 37, IN THE OFFICE OT THE CHANCERY CLERK OF DESOTO COUNTY,

MlssrssrrPr.
lndexing lnstrucrions: Lot(s): 22S Block(s):

lN WIT].IESS WHEREOF,

9.t.fi

NA Subdivision: NORTH CREf,K Town: I SOUTH

the undersigned has caused this Assignmenr of Dced of Trust to bc executed on

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS, tNC.

ur'

iltl#,fr.,t

Msllk Errurto, Assbtsnt Sccrctiry

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Remrding Requested B)

Brnk ofAmrrica
Prepred By:

Srbui MuradyrD
EEt-60f,-901 r
450 E. Eoundary SL
Chepin, SC 29036
when recorded mail to:

RK/DG:

t549/ 48s-446

1100s036

CorcLogh
.150 E. Boundary St.

"4,hn: Relcesc Dcpt.

Chapio, SC 29036

ilffi$fiffiilffiffifiilr rililffiffiffifil
DoclDs 1761E293107813335
Property.4,ddress;

sEx

of tEftdcE,

208 Bunher Ln

Oak Ridge, TN
nc-tDT

fTU

usrtfgfl
J?830-.1603

tr;11ilr

tttr ?.r

til,:u:ojl

&.

Rq{.dr

rytt

SSELTOII
tr ltl@

ASSIGNMENT OF DEED OF TRUST

For Value Received the undersigned holder ofa Deed ofTrust (herein "Assignor") whose addrcss is 3300 S.W. 3.ltt
Avoue, Soitc l0l Ocete, FL 34474 docr hereby grant, sell. assign, transfer and convey unto BANX OF AMERICA,
N,A" SUCCESSOR BY Mf,RGER TO BAC HOME I,oANS SERVICING, LP whose addrsss is 451 TTtt ST StY
#&t33, WASHf NCTON, D,C 20rll0 all beneficial interest under thar cenain Deed of Trust described below together
with the note(s) and obligaiions therein described md the money due and to become dw thermn with interesl and all
rights accrued or lo accrue under said Ded ofTrust.

Lcnder:

Origioal
Qriginal

Borrower(s):

Pf,RFECT MORTCAGE
I,ARRY M. HOLL.AND ANO LAURA ANN GUY-HOLLAND' HUSBAND AND

WIFE

Trustec:
ofTrust:

Original
Date ofDeed

SOUTHEAST TITLE & ESCORW, LLC

?nEnA0E

Originall,oanAmounl: S110,432,00
Recorded in dtr{DERSON County, TN on: 3/5/200E, book 1414, page 1576 md instrument number 0800!469
Maximum principle indebtedness for Tennssee Reoording Tax purposes is --$0.00- exactly sarn collateral
Does not

l\

incree

WITNESS WHEREOF, the undersigned has cauwd this Assignmcnt of Deed of Trust to be exsuted

Dared:

u prior debt.

principle.

th-AlL 'll

or

MORTC,AGI f,LECTRONIC REGISTR.ATION SYSTEMS,

rNC.

,/)

,r,fu-&-rMSrate of Californis
County of Venture

6arrc

A Pincdo

.,

Notary Public. personally appeared

@ryevidencetobetheperson{dJ,whosename(,s,iErrfsubscribedtothe

within instrumenr and acknowledged to me that kfshe.tbdexecuted the same inrfrherthpifaulhorized capacit)
(ipd and thar by,lrtislheri$6ir signature(rr-on the iNtrument th persorykf, or the entily upon behalf of which the
/
f.rson-l,alactcqixecuted *]e initrument.

I certify under PENALTY Of PERJURY under the lews of the Stste of Califorlia that the foregoing
parrgraph is true and correct.

tffi;lffi**iu,i
(Seal)

:,j'-

Bcok 1549 Page 485

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Ricki Aguilar
Data Analyst - PennyMac
5;:ii F:er-i^ran,Jr i.;A
ln the last 25 years of my work experience, I have demonstrated a high level of competency in all aspects of Credit
Union Operations, Business Development, and Risk Management. I have maintained my education and training by
attending all available training classes given to me by my previous employers. I have a high level of integrity and
commitment, which I have demonstrated to my prior employers. I enjoy working for companies that believe in
"people helping people". I am currently in the process of enrolling with University of Phoenix. I am a self starter and
enjoy challenging work.
Extensrve experience in Operations, Member Service and Business Development
Extensive experience in Quality Control and Loss Prevention Loss mitigation
Extensive experience in Compliance with Federal Regulations and Compliance
BSA reponing, CTR, SAR
Excellent communications skills
Detail Oriented, Sales driven.

Work Experience
Data Analyst
PennyMac
March 201 3 to Present

Ensure loan data is conect before selling loan to Fannie. ULDD Early Check venfication Venfy PMl, LTV, CLTV
compare data on DU to data on encompass for accuracy.
Assist with calls from marketing campaiglrs, route calls and leads with lead system appropriately. Scrub data for
accuracy. Work special projects rahen needed.

JrLoan Processor
PennyMac
August 2012 to March 2013

Calls specified companies to obtain property abstract, survey. and appraisal.

Ordering title. subordination, HOA docs,
Verification of income, rental, Home Owners insurance, f mployment
Communicate wiih borrower and third party vendors
Ensures that loan is ready for processing/underwriting and the data is accurate.
Knowledge of Compliance

Loan Processor
Bank of Arnerica
June 201

to August 201 2

Conesponding LendinglOperations Support Retail

Collect documents from vendors (realtors, attorneys, and builders, financial institutions)to move processing of loan
through.

Process Mers

Member Service Officer

Telesis Cornmunity Credit Union
January 2006 to May 201 0

Responsible for Negative Shares -Loss Prevention, New Account Audits,

Responsible for developing and impiementing projects for branches and internal departments
Responsible for Business Development, coordinating orientation for SEG groups
Job duties included Beta testing and implementatron of new products (OFAC, Courtesy Pay) and upgrade system
functions.
Data Analyst
Creating reports for Board Package
Assist Call Center and branches with Member escalated issues
Assist Collections Department with fraud/forgery issues
Assist members with options to pay
Collect negative balances and appear in court for prosecution.
Monitor delinquent loans for reporting
created an excel spread sheet for monitoring 60-90 day delinquent accounts.

Branch Manager
Ventura County Credit Union
April20O2 to May 2005

Managed daily operational and Consumer lending functions.

Ensured branch compliancelFederal Regulations with monthly and quarterly audits
Maintained and balanced CDM, ATlvl
Responsible for cross selling and achieving branch goal
Responsible for Business Development and coordinating orientation for SEG groups
Responsible for Employee training, coaching/mentoring, annual reviews, written/verbal disciplinary action
Processed and booked consumer loans, called members to cross sell other credit union products. Reviewed credit
reports for purpose of cross selling other products. Validate consumer loans for accuracy. Coliect any additional
DMV documentation to complete loan packet.

Operational Support Rep

Los Angeles Firemen's Credit Union - Los Anqeles CA
November 1997 lo 2002

Began as Call Center Repersenitive Was selected as the intemal candidate to implement this rrewly created position
offering staff support in multiple operational departments in January 2000
Fully functioned as Member Service Representative. Call Center and Consumer Lending Reviewed credit reports for
decision making and informed members of decisions. Cross sold other Credit Union products. Conducted Business
Development orientations for firefighters at SEG drives
Assist Mortgage department. Taking in loan applications from members and provrding information on mortgage
products. Assist in gathering documenlation from third party vendors.

New Accounts Representative

First Entertainment FCU
Augrlst 1989 to Octcber 1997

Performed a vanety of functions from Teller to New Accounts. Collections and Consumer Lending
Handled ACH payroll deductions for 150 select employee groups, processed ACH postings and processed share
draft exceptions
Conducted Business Development orientations for SEG groups
Processed levies and subpoenas, and assisted in the implemenlation of check debit cards
Balanced vault, provided ovenides

Save Resume

Fonrard Resume

f'latioflwide, lnsured, g-to{6 I,hJr Tu.naroun, Timd.

info@protitleusa.com I p: gSg.g7g.g0g1

starting rrom the )BBr of 2011, poirting to the

e{Gncc that Ridi Aguilar ras rust recer*ly hi.d as a signor in
?01

lerdc.si

tr

hlow, flowB\cr there are differerKs

Asist rt Seqetary sf IGRS tr

1, AEE to3 wlElsle lendcr

in

rlsrEt(h deteced

4. Ae9i5 Wholesale

}' Teyls

Besn af,d

ggnatrfie

recorded in

k)

lirtittaks (S* Asignrnsit

in

a)

mmtdr

ee E$ibrt

B.

7.

SgfiAture m,i%tdr dete{ted wth basline dssignfiNEnt, deas, s E}firbt B.

etc ..

smple of dfftrent positids and sigmturG are shom

a.

ffi)

B.

wlth baEtine rsCqnrEnt. deae, see E$ibit B.

Cffp (See A$igmcm

detccted wth baJeline asElonrEnt, deas,

6. EaCe lvbrtgaqe (See Assagnmsr in ffi)
a.

I.

lmiw fsi

mmim stated (S*e A$ign[Eot in x) or Asignnar* of Cbed of T,urt

ggBture o$smatdr detectd witi
baseline assignmem, dease, see Efiibit
Deciiiff Oe ifu.tgage Corp (Sce A$lgnrErt in )od)

3.
a, gg?Eture

888.476.4355

signihtre detectedi

2. l,lo
B.

Customer Support
|

bdffi

MORTGAGI ELECTRONTC RE6ISTRATION

SYSTf,}TS, TNC.

!}!ORTG AG
INC.

LECTRON IC REG ISTRATIOIi SYSTE}tS.

Brt.,'

$ctretln'

Ricki

MORTCACE f,LECTRONIC
sYsTEtr{s. tNC.

Aguilar,

Secretar-v

TION

}TORTG AG E ELE(:TROIIIC REGISTRATION

SYSTEN{S.IJ\C.

Ricki Aguilar, Assisfanr Serretary

MORTGAGE ELECTRONIC REG

SYSTAMS,INC.

E ELf,CTROI{IC REGISTRATION
TNC.

tl,u;

Ricki

It/, 3/l?/

tt

9:

5{! tJ

DT T BK 3, JO3 P6

DESOIO COUIITY,

ffi

6Ir

T,E. DtrJIS, CH ruRK

I hir sore for Recqde/r

usc

Recording Requested By

DoclDr, l98ttt3.ll642l644
Tax

lD:

to:

Corelogic

Prepared By:
Rene Rosalcs

450 E, Borndary St.

Attn: Rilr.rc Depl.
Chrpid, SC 29016

rtt-603.901

l$8271700001900

Wlpn remrded marl

Bank ofAmerlca

450 E. Boundrrl Si.

Chapln. SC 29036

Propenl' A ddress
2463 Moooelhrm Ln
I

Horn LrLc, MS 3E6J7-1359

ll9rr9,
r tl2ol

IISSVI.ADT

ASSIGNMENTOF DEE,D OF TRUST

l'or Valuc Received, lhe undersigncd frolder of a Deed of 'l'nrst (hcrcin "Assignod') whose addrcss is 3.sXl S.W,
34TH AVENUf,, SUITE l0l OCALA, FL 3447,1 dots hereby gralt, sctl, a!$ign, ransfer and convey unto BAC
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOA:'IS SERVICII|G, LP *hose

address is BAC CORP OWNED ASSET, SIMMLLEY,CA g31165 all beneficial interest undcr thal certain
Deed ofTrust describcd b.low together w'ith the note(r) and obligatioos thcrein describcd ud the money due and
to bccome due thcreon lvith interast and all righls acfiucd or to accmc under said Deed of Trust.

Bonower(s):
Original Trustee
Due of Desd of Trust:

I CORPORATION
BRIAN BOULER AN UN.I},IARRIED MAN
KAT}IRYN L. HARRIS

COMMUI\IITY MORTGAC

Original Lender:

3.42fi)S

Original Loan Amount: 1130J60.00

Rccordcd in DESOTO Couuty. MS on: 3i 10n005, book 2,1?C, page 105 and instrumcnl numbsr N/A
Property Legal Descriptior:
LOT 19, SECTION A, WELLINGTON SQUARE EAST, SITUATED I:{ Sf,CTION 27, TOWNSHI T
SOUTH, RANGE t WEST, DESOTO COUNTY, MISSIESIPPI AS PER PLAT THEREOF RECORDED
IX PLAT BOOK ES, P^GE 4I, IN THE OTFTCE OF THE CHAJTCERY CLERX OT DNSOTO COUNTY,

MtsstssIPPL
Indexing lnstructions: Lot(s): 19 Block(s):

!i/A

Subdivision:

N/A Town: I SOUTH

IN,WITNESS WHEREOF, rhe unde rsigned has caused this Assignment of Deed of Trust to be executd on

r,tr'//

MORTGAGE ELf,CTROifIC REGISTR{TION

SYSTEMS, INC.

Srate

ofCrlifornia

County ofVenlura

orilUtal+, nn

before me, Evette ohrni.n. Notary Public, pcrsooally appearcd Rlcki Aguihr, who
on rtritEis of satrsfactory evidcnse to be the person(r) whosc namc(t) iv'arsubscribcd to the within
inltrumeflt and ackrowlcdged to me rJrs! hcishe/thc1 exccutcd the samB in bis.&eritlrci authorized caPocity(ia),
and that by hisiheritt* sigdafue(a) on *re instrument thc pcnon(r), or thr mrt) uPon behslfofwhich the Person
(l) rcted, extruicd the instrumcnt.
pruve.O

iilmi

I eertify rrnder PENALTY OF PEnJURY undsr the

is true snd corrctt.

lrwr of thi Strlc ol Cllifornia thal lhc foregoing

paragrrph

WITNESS my hand and ofiicial scal.

(Serl)
My Commission Expircs:

l2nlry$rl

,@:HH:ffii

('H.{PTER
\-IOI- 1.TIO\S ""\\D

PE\

.I-TIES

lau's cat result irr serious conseqnences q'hich can include:

Adruinistrative actions levied by the Secretary of State
Civil penalties levied by local and state prosecutors
Criurinal proseclrtiotr
i. Felonies
ii. lvlisdemeanors

l. Violation of Notary

a.
b.
c.

Adplnish'rtive Penelfies
l. The Secretary of State may le\y penalties of up to $1.500 for notarial urisconduct.
Thtse prtrrltlrs mrl' br in rdditlon to suspensio[ or rercrltion of thr rotrry
commission (Govemment Cocle $ 8314.15(a)). The penalties of up to 31.500 may
apply in the follorving circunrstances:
11,500 Penelfies

a. The EiUg] failure to discharge ftilly and faithfully any of the

drrties required of a notary public (Gsternmmt Code $
6.ll-r.l(d)):
.!1'tr1e1
eltl the tlrlf,iti'
d. Tlte rtre Lrl Lrl!e r-rr' liir)lea(lutg ,rtltetti>itig
Lrtrbirs ha; r'epre=eilierl {ltill lte cr;lte h'r-. tJtllte:. trgltti. trr
y.i1t,, tletC, tlt"rt he 11l :ite tlirei tt..t F0>)ei) ;{jit1'1,1'rtntenf ('t;,r/r, i

lll-1 Iil"ri.
('onulu;r1ort r,f an)'Jct lllVrllVlllS iitrllrrlt,-'iq'. tiirird. rrr (leceit
$ttli tlte rillellt tr) 'tlh\tilrlililll',' Ileltellt Ihe llrr{.ll\ l-rttltlic i,l
ifiotllcr. r-rt :ttbr!.ttttt,r1li utltue attt'rtltel \Go|et'll]l,attI C Oda i
Sll-l 1'rii.
Esccrrtrt n of .rrl-i certit-ic.rit i: il lralt.lt-r Ptit)iii e ttlttltttlulg .t
)t.rtellterrt krrcqri tL) tlic llril,1tl' prrltliC tri tre lllrc- r(iott'trrrtrrtl
(-'or/r S SllJ

lrlrt.

;r liLltnl)' ptrlrltc lr itr.-r h*lcl:

Ittntrelf r-rr ltrr:elf r)11i ;1: ^111 l1l)I]11:l attt'r11 -1rgs-1;1liit or cotlittll,rltr
lilr,"gltirlug tlr.lt hc,"-t rlte l\ J lILrt.lI',.oi i'ioliurllg the Ie:lrtctttttl'
oti clialturg tc lt:.i=t rti tlte ctrtnpietiolt of rrtutii'grirtir"rtt ftrtttt,
tGotentnrettr {'=oile I El l-l.litttrt.
',r.[1 gs tlrl]g rlolertli \al'\'tce( lli .l
h. Itr:lattng the reiirlaltolt\ (1ll
lirrergtt lati4tt,t3e t l lrrel nli''- tr',ttt-i;rtirtg tlte Ilttir:'c "ll{-rl.1l-r.
"
.1.
!.trblrc l) ir.r \pr'lrll\h G()r et't i t (, t r L' <tde .' S i i I i trt I i
o

\"rr-\lirturg tire pi'oiuiiitlotl ilgilutsl

..

$750 Perrlties
The Secretary of State nray lery penalties of up to i?S0 for notarial trisconduct.

Thest penrltles mr1' be in *drtttion to susprnsion or rrrorttion of thr notrry.

toumisslou (Ga'ernment Code os Ell1.ls(b)). The penalties of up to $750 may
apply in the followiug circuustances:
a. The lSgUgiDI failure to discharge irlly and faithfutly any of the duties
required of a uotary public {Gaternment Code S Bll4. l(d)):
e. Chargiag oore thau the fees prescribed by lau (Gtternment Code $

f.
g.

8lla.l0r)):

Faihue to courplete the acknowledgnent at the time rhe nolary'$

signature aad seat are affixed to the document (Governmenl Coda 5t

la.l$)):
Failure to administer the oath or affimation as required by law
8r

(Goventment Code b\ 8l l{.1(k}}.

Note: For the purposes of remenrbering the penalties for the exaul. please note
that there are { rtolatious listed u'hich carry a penalty of up to $750 whereas the
rest carry a penaltv of up to $1.500.

Clril Penrlties
3. A separate provision ofthe law pernrits local and state

prosecutors to fecover

up to Sl.50O ia a civil acrioa from:

a- Violators of tbe protisions relating to the

b.

unanthorized

maaufacnre. duplication. sale aud rElated offenses concerning

the notary seal.
Including a failure to noliry the Secretary of Staie that a notary
seal is lost. stolen. etc. (G6'r'erument Code Sss 8107.+. 8lO7.l.
8107..I. and 8207.3).

Crtutul Viohtlont
4" Aslde fi'om chil perrltl,es rnd rdministrrtite rctions by the Scretatl' of Strtt,
rotor!' miseonduet

een

rrsult in erimlnel prosttution.

Felonks - Some [otary rniscon&rct is serious enough to qualiff for prosecutiou as a

felony. Other thaa conrmitting perjury. q-hich is a felony for everyone. aot just
notaries. felonies are lioited to dishouest or frandulent actions with reqpect to
encumbering sorueone into property.
a. Atr!'notrry rct performed wttb ttr lntrrt to dcfrrud ln relrtlon to
e lked of Trust.
b. Any person acting as a notary $'ithout being duly conunissioued and
their action places an enctrurbrance on a party affecting title to real
property (such as with a Deed of Trust).
c. Anyone u'ho knowisgly makes a false s*orn staleme[t to a notary for
a docuruent u'hiclr affecls transfer of property title or places an
ercumbratrce oa a party is guilty of a felony. Any person $!!gg wit[
the couaty recorder false or forged documents of this nature i$ guilty
of a felony and the fine on this actioa caa be up to $7J.000.

d. An)' notflr']' rvbo romtElls perjury Ounisbrble b1'

strte

imprisonmrpt of 2, 3 or { 1'eers.)

\Iisdrmtauot'i- Sottt* rtrrlAlliti \.l(\iirllLrr]\ iir'. cl;r.:ilieil iti ruricleBteil:r,"rr!:

Itort e','er. e\.ell lile:i t'it lali0lt: rJiil c.'!fl i' ,r ptrrrrlrle I-ute ar K'eil lt: lriri:l[rie
!lla;llLclllltrlll ul J all,,' (jt i(lutln'.!itil.
;,t It rr tni.'tletntattol'l(-r ,r llr,lJt] !(.! lrirlJliTc:ll1\'(l(lauiIlel)t. a)that thilfi
<lrrcitttlettl, t clittrtlg tc ,t L)ceil ,-,f Tl r,r:t { \ce ldlr)rlle\ ) lhil Ctlnliilt}:
utti-r'1}t,'rltott ktL)\\'tI bV tlte rlLrLtr! tt: Lre fal:e.
t). Any person actinpr as a notary without being duly coruurissioued
c. Destruction. concealsent or defacing notary records.
d. Soliciting or coercing a notary to perfonn an illegal or an inryroper act.
e. Making false stateueats to a notary.
f. Failing to submit uotanal jorrmals to &e Cotrnty Clerk uithin 3O days
after a ootary corrrnrission is ao longer valid and the notary does not
obtain reappoinhueat
5.

ir posslblr commissi,on suspeuslon or reyo{slion

a. Faihue to secure or ruisuse of &e notary $ta$p (seal)
b. Failure to secure the notary jouraal
c, Failure to reruit corut ordered judEpngals
d. Faihue to submit a paymeut demanded by the Secretary of State
e. Dishonoted citckr: The notary's couuuission uray be caucelled for

Additionrl miscoodu$ resultlng

failing to satisfactorily pay for the exarnination or associated fees.

6. Tht persotr rfrrcted rvlll her-r e dgbt to r hearing prior to a retocatior or
suspension or after a denial of a coaunission. or prior to the iruposition of a ciril penalty.

will not have a right to a hearing after a denial of an application for a

public
cornmission in eitber of the follouing cases:
notary
The Secreta4y of State bas. rrithin one year previous to the application
denied or revoted the applicant's application or comrfssioll.
b. The Secretary of State fnds that the applicant has conrnritted or
ornitted ects coilstituting grounds for strspensiou or revccotioa of s
notar,v public's couuuission.
7. The person

E.

Resig*ation or erpir*tion of cornmission rrill not $tsp itrrcstignfion or discipEnarl'

proeeedlngs.

Hoprfullr. rou rrill fiild tlrr follorr'ing trtblr betttfirill itt t'ecallittg the
firei nnrl peunltiel fot'fhe eritn. You tt'e encout'*ged to studv thir
cbirprrl' trrll llcfore raliiug fhe eltrn:
-5

f iolatiou

t:iril

('riminal

lrlminislratir.e

Peueltirs

Proseclriiou

Peaalties (up to S)

(Sleloal'

{S}urepenrioa

fll)isdeueenor

{R}eroratien

Uaauthonzed aasufacnrc. &rplicatrm or sale of the Noarv Seal

1 :itr"1

Fadure to ootr$ rbc Sccrtary of Surc of a lost or stolea Notr.v

SorR

i11i.r

Seal

Thu

duty

Sill&l&ibggto

drschargc tulty aad farthfully aay Notar-v

3r.500
R

The use of falre or mrslcadilg advertisrng rthseur tb sota-!'

pubLc har reprcscoted that he or rhe has dutres. ng[ts. or
Drit'ileges "het he q she does oot Dossesr
('oluurssrol oiarrv act rnlol','urg dril:orrtin'. liaud or decerr *rth
ilre utlent to tutrstantrallr-herrefrt the not.rn puL-hc or another .rr
sLrbrtalttrallv rn;rrre iutother
Execulrou of anv tertrfic;tie;r\ it lrotln i:rrLrltc (!)rilAlrurls il
stittttrrerrf laro$n to the ootan Dubltc ro b* ihlse
lrolattug th: prohrhrtrori ag;lxlit :t totar\ pul.rlri: tlrr lroLii
huurelf or herself rrrrt a! :irl lltullrgratroo ipeiralt:i or iL)!liltltallt
arlr efirrutg: thiit lte or site lr .r :lotarr' (rr ',.rt":!;lrttg ll!r: ri:-lrri:trrrrr> +rr
<!:argrttg to it-clrst ur th.'coruplen(,'rlr !)f urutusr;rtreiil ti,rrrr:
Vtolatag &e restrtcboos m edr.ettrsing Dtanal serr"rces rtr a
fueign lr[gurge or literall,r traaslatirg the phrare -'rrotsf,y pubhc"
bto Soaoish
The uegliqeut f;lilur e to drrrlrarse firllr :lrrrl l,rrrhhrllr :irrv ot thtdulret r eqtrrred crf l rrrrtan pubhc
Clrargrng lrore lhart lhe feer prescnbed t'r- larr'

$1.500

SorR
5l j.lrj
R

31.500

R
S

fi.500

SUR
5rr0

)orR
9- :0
OI

Fadurc to cmplete tle acftao*{edgruc* aI &r dme &e notarl'-s

siEnarure ard seal are affixed to the &cr:srest
Farlure to adrmorster the oath or affrnr:trron as requued bv larr

Arrr lrotalr a.! perforrl)adtrth the urlefit

l)eetj of

?o

detrlrril

rrt

relilrtlu tr.;r

5trrR

! 't-i
\rrrR
F

Asy persoa actiag as a ootar!'witbout beiag duly comissioncd

aod theu actim places aq eacumbrance oo a party affectmg tttle to
F

i}.uulhablr bv prrron i t "i

"rerrt
Notarrzug anv doclrmenl other than docuruents relatutg ro a De+d
rrf Trrrst (;ee lelonr'] tllal corllarr)\ rrltbnuattott ktro*n irv the

uolnn to be lilrr
Al1'person ac{rng as a rrotar! s'rthout berrrg dulv com.alssroled

\.7

Dtrtrtrclrolr i-ortienlrttenl or iiein(:rng rtrrtarl tttorrl.

\{

Solrcrtnrg or cocrcing s aotary to perfum eo rlkgal or .o

act
Makurs talse ;tateltenr5 ic a notan

ryoPlt

-9

s 7:ar

Tnrt

real rrooertv {such as wrtb a Deed of Trust)

Arrlortf il-ho L:$oNtnglv rnnlec a lalst ruoilr itntellrrrlt lo a llolafl
for ,r doe rnurlr s-ltrclt atlectr tl;urslir oi;rrppr6111 trIle or pllce'r art
arrrrrubrance on a partv rr pitrin' of : teiorrv
All notan- rr'hc couurut> L)artun

{.}0

SorR

\{

Anyooe makmg false sararars to a trokr!'or who wlicrts.

coerces, or raf,uraccr a notalv public ro rryropedy marotam the
notarv rtrbhc's roumrl
Farlrsg to submrt noianal journals to &c Cormty Clsx[ qtlin -10
dayr afiet a ootary coramissrou is ro loogcr ralrd ard thc noary
does rcl obrrin reagnotntmsat
Iftlrrsr or s'rllfirl tarir:rt to iectre rlie tr!rtin'\lJIlrp rll rrrlltirl
\rrffrildar of dtt rttfl;rn italul) llf lui trrtatttltorrzrrl Ltet;on
\t'r1ltrrl lhrlrrre to proprerll |n.rlnlitfl {h. il(}!,rr.y t(rlirrlil

\{
-!l

\1

R
F.

Failurc to secure thr noary joumal

F.

Failare to rcoart cor,rrt ordcred judgcneats

Farlrrre lcr

!rthttlt lt !r:i\'iltar)l

tlertranded

hr Ihe \a[r.'ilrv *f \tat*

Uoautbonzcd practice of hw

A aotary wto &lsifirs an achourlcdgmeot mty bc guilty of

f*g.ry. Forgery ir prnishablc by rrynsooutt e ttc atate

MorF

J(

pflsoo. or by iryrisoancnt rn the cormty;ail far mt oorc ttran I

vcaf
Lrtr:r:l traoslatroa of thr phrase "aotar-v pubhc" mto Spamshhcreby &faed as "notario priblico" or "aotario".
Iryropcr advcrtisirg procedres in focrp larguages if thc notrry'

suspcasion I rnr)tt
': ot f. inuruuttrrri

$ oot an sttorueY

t;t:ilen-ilolt I vI )t '

orR(runr.ouo

ILoorization notes: l) Tbere are fen'er $?50 6acr tLea SI,5{l0 fines. It ney be easier to rernculber
ihcrr fcr retler thaa ell oft}r S1,5fi) 6ner. t) Ptrjur.r'rrd riolations tsnccrniag I)eeds ofTru:t or
Prspertl' Traasfer doruneatt ere considcrtd felooiet.
*t S*cond ollrrrce rcsultr il p*rnenent retocetion

ltirw riolsfions cod pctrrltits lrws effeetive Jlnurry l,2006

l. Government {ode $ t228.f (I{en Sectiotr} - I\oteriel JournrL'Stcl - The
new law ruakes a notary prrtllic guitqt of r misdemmnor if the uotary public:
a. Willfully fails to properly uaistaiu his or her notarial jffirnal: OR
t). Willfrrlly fails to notiry the Secretary of State if his or her rotarial
jouroal is lost. stolen- rendered rmusable or srurendered to a peace
officer: OR
Willirlly fails to pennit a lau-trl inrpection or copyulg of lus or lrer
notarial

jo

nal: OR

Witlftltly fails to keep his or her Eotarial seal under direct asd
exclusiYe coutrol: OR

willfully

srurenders his or her nolarial seal to any person Eot

authorized to posse$s it.

2.

]totu'irl
Gor*dment Code $ E225 (Amendmenf to Sertio[)
- public to Jouruel
improperly
Any person \rho solicit$. corces. or inflrences a notary
maintain the notary public's jorrnal is grrilty of a urisderneauor.

Sr,,

3.

Peutl ( rrrlt' $ -la0 (-.\rnerdrneut to Sectiolr]

.A,ckuou ledgmeut\ Fot'get'r

Tlie nen'

rrlse

i;rr.r' nrirr' nr,rke .r rlotar.'' yrrtl.rlrc

lte t,r' .l]e lr*uc. lrr ackrtou leilslnell{ kttlrt irl,l rI t() lic
f,r1:e A periirn',t'lio taliiliei tire acklou"lerlsltettr crf l rttr{ar'}'1-titl"r[c iua\. 41!11
be grttli*' rrf lorEell' Ftrrger.,' ri Prtrir>ltrble bV unplrrsoilrr]er]t in tlte rtlte
lIl\(-\11. ir1-lrr, 111111f i.ollnletl! rrt Ille ir)tult1'-l.rri for nrrt lllr)Ie ilurrt crtc i.c.lr
rFll-c'aelllfic.ttir\ll irr' ;i ntli;ir''u'Illlrltc il);ri' .rlra hc tr lltr',1ert)eiit)(rr pllt\llJtlt :rr
G0ret.ttrilr'nl ('.tlr/t' I oll-;-'1 .,
guiltr oI folgtt'r it

{, Cio'r'trttmt'rrt ('od.'-s !l:1.t.8 (\rlr iection) - ( r'itnitrlrl ( our ictiour C.oull

Re totntiou of C'ommisiion .- If i llrrt.irt l'lllbllc i! c'.rn.rcIecl r.f A cr nle
leltlteil tar tiolet'l,tl lill:cirrlrlttaf. tttcltr.hljg llts l.il:e g1r1t1prlg11i-t11 trf ir rtrrt.tttlri
cetlrlici'rir- t(jr.t|r,nDttfirr {-'o<le.i {ilr., j,. or i-\l lttl'feloltr'. the cout't llulit
ter.r,ke llia urrl.ul Iulrirc'' irrlllll)ri:toti.il1(i reallllre tllt iltrlrllt.irultlrc ti,
\Iutetirlel trr tlic doiltt ilte rrrrt.irv re,tl I'lre ii.lit'l rt.lli tllert iirlri'arri iltr'tti,t;rr-,'
pttl,ritc"i \.rl lr' lite \ecletlr:- rrf Siate.

(l

BUSI N ESS
I NSI DER

At Bank Of America's Foreclosure

Sweatshop,Agents Signed Up To
93 Documents Per Day
MANDI WOODRUFF

MAR. 15,2A12. 1".22 Plrl

Benks are catching up

on rnillions of
backlogged
foreclosures, but there's
not mueh they can dc to
defend themseives
against seme damning
claims made in a
handful of new
reports from the Office
of the Inspector
General.
The reports include
audits of Sank of
America, l,Vells Fargo,
CitiMortgage,
.trPMorgan Chase, and

AllyFinancial*all of
u'hom recently agreed to pay $r.S biilion back to consumers for dubious lending
practices.
"-[-his ]ras been a lcng road for us-beginning with a voluminous task for a sma]I

organization ending with iaborious negotiations that involved many moving parts," said
David Montoya, Inspector General. "I\{ore imporiantly though, the average citizen wil}
greatly benefit from having a healthier FHA program to access and hal'ing strengthened
standards in place to mitigate such abusive practices in the future."

Here are some particularly disturbing findings:

-They weren't kidding about the robo-signing: One BofA manager clairned she signed

nearly 68,ooo documents (93 per day) and notarized 1,390 over a two year period.
-One Alll, sinthy admitted he "routinel3r signed 4oo affidavits per day and up to ro,ooo
affidavit.s per month, certiffng that he had personal knowiedge of the facts when he did
not and without rer.iewing the supporting documentation referenced in thern."

-Auditors found notaries would sign off on documents before they lyere even cleared bv
affiants (workers who sign an affida'r,it and attest to its truthfulness before a notary).
-Citi didn't even have a process in place for signing
foreclosure documents until November 2oog
-BofA outsourced foreclosure documents to law firms
for review but nonlawl,ers u'ould often forge attomey's
signatures" One attornev's signature appeared on five
separate foreclosure documents-each in different
handwriting (see photo left).
HUD/OrC

The Consumer Financial Protection Bureau has been

tasked u,ith more closely regulating mortgage servicers.
fitere's a special section olr its where con$umer$ ean file complaints about rnortgage
lenders and rolled out new guidelines on auditing lenders.

If you believe your home was foreclosed in errnr, it's not too late to submit to the
Sovernment's independent foreclosure revier+'. It's open to 4.S million homeowners and
aII submissions are due

byApril

aCIts.

Here are a fewwarning signs your mortgage lender is up to no good:

The interest rate is too good to be true
They pressure you to act quickly
They pressure you to take out a risky or expensive loan
lhey askyou to lie o$ your application
lhe fees are high compared to other lenders'fees
The fees and/or terms suddenly change at cloeing

lrlow $ee g stories of horneo!tr'ner"s \&'ho bouncecl

back after foreclosure >
" Copyright O 2015 Business lnsider lnc. All rights reserved,

ENDLESS FRAT]D DETECTION SER\'TCES, CORP.

l4'lrile u,orking ul {. lrhau {.cniing. ller'kl-rr sai,l hc.tqv, l}a.1,1 entl iis lrtart
servicitxg suhsidiurt', BA(.1 llontes {,rsuns Sct'r,icrirg [.I', inplcntenl "busines,s
proctrL'ts iestgned lo irtttrrlittnallt' Ttrevent .rrlr)rsl rf tligthle hrtmer;v'ners

from htcoming cligihlt or r/.n,i,?g tltgrhlr {or fermtznant flAlf P

modificatiort."

The article stated furthcr.

lJo"4 let through ju.tl enough HAllf' madi./it'ation,\ to avert ,tttspicion und
ullut.'tongres.vonsl crilic'.;. u'hilc nrst enough to incur uny.uth.ttrtnlinl losse.y
ir.) tls ou't't haltom linc, at'c-ortling t() the contlt/aittl
.

Background Checks of the individuals on this document;

#l.l: A Background check rvas conducted or the "signcr" of the ASSIGNMENT O[DEED OF TRUST. This individual signed the docunrent as Luis Roldan, Assistant
Secretary.
Assistant Secretary is not a full trtle -- of u'hat or to u-hom is this person a secretar),'J In a
Depositlon dated April 7. 2010 lVillranr Hultrrrari" Secretary and 'freasurer of MERS
states on page 72 of this deposition line I that MERS has no employees. If this person
does ntit rvork for MERS u-ho does he acruall1,r.l'or-k forl It states rn this deposition on
the pt'evious page (?l ) that MERS f'a:rns these signatxres out to thousands of individuals
all over tlte cortnlty rvho do uot rvork fbr MERS. ].j,i-iit-,.::--:',".:,-.r,:i.,.!:u...:,t.*.:,i:r --".-:,:-:r ,,.,.i_.1:.i:,,,;,,:.:
Signing a Documeut under a title that the individual does not actualll, lrold is a potential
State Felony and brings irlto question rvhether this rndividual did in fact have the
authonty.' to transfer or assrgn zurythrng as MERS is assigrring ONLY the Deed of tr-ust to

BANK OF AMERICA
Assignrnent of Mortgage docurnents u'ere found r.l,ith very ditTerent "Luis Roldan"
signatures than that f-ound on the f
Assignnrent of Deed of Trust. The drtl'erences rn
tlrese sigrialul'es suggest that dill'ererrt individuals are sigling nrorlgage-r'elaled
docunrents using the nanre "Luis Roldan'- and raise questions as to tlle validit-v of the
Assig'nment of Deed of Trust. A handu,riting expert may be required to verify
I
these signature findings Copies o[documents rvith these differing signatures cat be
fbund in Exhrbit B.

#1.2. A Background check rvas conducted on the notary on the ASSIGNMTNTOF

DEED OF TRUST, CarolMane Lrttleford
Carol Marie l.ittlefbrd is listed on lhe Calif'omis Secretary of Stale website

(',ri."r',:,;.1:r.;ir.r!;\)asanotarJat l0022DelcoAve.,ClrattsrvorlhCA9l-3 ll.The

Assignment of Deed of-'frust matches the Calilbrnia record.
expiratron date orr the f
lbplright

21112

\o

part oIlhis rrprrrt

ruJ tt. rrprrrducrd ryithdr rhr e\pr(lsrd srittrn prrmi$ion +f[ndltrs ]-mud l)tti(fion Scn'iccs. I

EXDLESS FRALiD T,ETECT'IOIY SERtr'ICE,S. CORP.

[Jporr magnification. the documerrt erecution date of ttre f
Assignment of l)eecl ot
Trust appears to have Lieen altered The date starrp shru,ing the date "Lurs Roldan"'
srgned the document appears to have been altered bv obscurrng the top of the number "7"
to make it appear to be a "l ." changrng the apparent date lionr Octr:her 7"1 to October 2l
If so. the true date of the "l.urs Rold:in" signature is larer than the notary date of 2l
Ostober- sugg,esting the Carol Marie l-rttefbrd notanzed thr document rn trlauk for later
stgnature try "Luis R.oldan." Tlrrs potential vrolatrolr o1'her notarv duttes suggests lhe
document may bc invalid. A dacunrent fraud examiner rvould [rc ueeded to conflrm thesc
Iindings.

***Possible Penal flode Violations:***

J"here are a nuurber of potentral State Penal Codc vrolations uncovered durilrg this

Investigation regarding the docurnents filed rvithrn the TRAVIS County Clelk's o1fice
They ale as tbllorvs:
Misdemeanors:

51.901. FR.{UDIrLE]YT DOCLTMENT OR IF]STRL]hIENTATIOI\I - Class A

Felony':
Sec. 32.46" SECLjRING

EXECtj'I'lOli OF'DOt.tjMENT BY DECEPTIOI\{

l"'

degree
Sec.

37.I0. TAIIPERING WITI-I GOVERNNIEN.I-AL RECORD _ 2Nd &/or

3.,I

degree
Sec. 71.203.

CRINIINAL PENALTY: FRAUDLILENT FILING

- 2"d &/or 3.d tlegree

End of ASSIGNMENT OF DEED OF TRUST Summary

Revierv
(The lou'er poftion of this page has been intentionally left blank)

(irplright 2tlll \o

pxH ofthis rep{rrl

my br rtproductd rith{rul t}tr

trprcsscd

{-'orP'

$ritlrn

per'trrissirm

ofllndlr;s Fraud l}electlrx Senicus,

I0

case: 1:11-cv-00667-sAS-sKB Doc #: 2 Filed: oglzilLL Page; 61 of 99 nAGEID #: z4s

:

146.

BANA stipulated to the Consent Order and, [hus, has admitted the OCC's

findings, The Consent Order requires BANA to undertake a sweeping review of its foreclosure
practices. Upon inlbrmation and belief, this review will uncover substantial additionaicvidence
demonstrating thatDefendants' representations concerning proper assignment_of mortgages and

delivery of mortgage {iles were false.

147. BANA

employs an army of so-called :'robo-rigners" who execute tens

of

rhousands of foreclosure affidavits a monlh, all necessarily talse because they are allegedly based

on their own personal knowledge, and rnany of them without proper documentaiion including
evidence of possession of the urderlying mortgage note- The "robo-signers" somelimes attempt

to execute assignments relroactive to the closing date of the relevanl secuiitization in an altempt
to circumvent slate laws governing assignmenl. Such purporrediy retroactive assignmenls arc
invalid.

148.

BANA's tearn of "robo-signers" includes the follorving Bank of America

employees who.haVe repofiedly signed false foreclosure documentalion claiming that they are
employees of companies holding valid title 10 mortgage notes (when they are not): Rigi<i
A*guilar, Malik Basurto, Youda Crain. Diana DeAvila, lldward Gallegos, Christopher I'ierrara,

Bud Kamyabi, Tina LeRaybaud, Jane Martorana. h'lanha Munoz, Srbtri Muradyan. Debbic
Nieblas, Yomari Quintanilla, Luis Roldan, Miguel Romero, Cynthia Santos and Swarupa Slee.

I49,

Anorher one of BANA's "robo-signers" is Renee tlertzler. She testified in Stair

v Bonlof America Corp.,No,09-41903-JBR

(Bankr. D. Mass. Feb. 19,2010) thar she executed

8,000 foreclosure docume nts a monlh admittedly withoul making any attempt to read them or
ensure lhe accuracy of statements in

"robo-signed" she stated:

them. lndeed, when askcd if she read the documcnts

"l typically don't read

she

lhem because of the volume thal we sign." She

)b

Erh;

b;l' e

: {" f-- 'i,-

r;i-"

$-

j_@ [

f ': ,F_ r*_4 ;

:f, iiii

/{rrl gag* {'reud fnr.ns5f iEaf ir:r:s

t4,,rr,"14/

.m

{i-

rn ie n* i. r:*r-i-

4781 N. CoNcRrss AvE., sulrE 261

STEPHEN J. DIBERT

BovNron BEecH, FL. 33426

TEmpnoNr: (561) 317-9978
Fecsrurm: (888) 525 -4285

FoNENSIC AUDIT REPORT

Fon

Abdiel Echeverria &

lsabel Santamaria
499 Cellini Ave. NE
Palm Bay, FL 32907

Abdiel Echeverria & lsabel Santamaria

499 CelliniAve. NE
Palm Bay, FL 32907 (Brevard County)
Original Lender:
Taylor, Bean & Whittaker
1417 N. Magnolia Ave.
Ocala, FL34475

Current Servicer:
Bank of America, NA
7{05 Corporate Dr.
Plano, TX75A24

Alleged Note Holder:

Ginnie Mae aka FHA

Prior to 212912008 (Date of Consummation), Clients signed an application with Taylor, Bean & Whittaker

for $144,079.00 for the above mentioned property they were purchasing for $167,000. There are no
indications from any of the evidence presented that Client was given a copy of their initial documents at
time of application as required under federal and state law. There is also no indication of when Client
signed initial application.
ECOA

202.4d (Reeulation Bl

Form of dj-sclosures - (1) General- ru-le. A creditor that provides in writing any
disclosures or informatlon required by this regulation must provlde the
disclosures in a clear and conspicuous manner and, except for the disclosures
requj-red by SS202.5 and 2O2.L3, in a form the applicant may retain.
TILA 225.17(a)1

The creditor sha1l make the disclosures required by this subpart clearly and
conspicuously in writing, in a form that the consumer may keep. The disclosures
required by this subpart may be provided to the consumer in electronic form,
subject to compliance with the consumer consent and other applicable provisions
of the Electronic Signatures i-n Global and National Commerce Act.
TltA 226.19(a)

In a resldential mortgiage transaction subject to the Real Estate Settlement

Procedures Act (L2 U.S.C. 260L et seg.) the creditor shal1 make good fai-th
estimates of the disclosures required by S 226.18 before consummation, or shal-1
deliver or place them in the mail not l-ater than three business days after the
creditor receives the consumer's written application, whichever is earlier'
RESPA 24 CFR

3500.6

A bank must provide the borrower with a copy of the Special Information Bookl-et
either at the time a written application is submitted or no later than three
business days after the application is received. If the application is denied
before the end of the three-business-day period, the bank need not provide the
booklet. If the borrower uses a mortgage broker, the broker, rather than the
bank, must provide the booklet.
RESPA 24 CFR

3500.6(al

Requires certain dj-sclosures such as but not limited to Good Faith Estimate,
Truth-1n-Lending, Servicing Transfer, and Adjustable Rate Booklet, Right to
Copy of Appraisal, Federal Equal Opporlunity, and various other exhibits to be
provided to the borrower within three business days from date of original
application (ear1y disclosures) .

RESPA 24 CFR

3500.7

A creditor must provi-de, in a clear and concise form, a good faith estlmate of
the amount of, or range of, settlement charges the borrower is likely to pay.
The GFE must include all charges that w11l be listed in section L of the HUD-1
Settlement Statement. It must be provided no later than three business days
after recej-pt of the written application.
The purpose of the Truth In Lending Act is to require a meaningful discfosure
of credit terms so that the borrower w1l-1 be able to compare the terms of
different loans available to him and to protect the consumer aqainst unfair

lending practices.

Under RESPA. Reg Z, for a purchase 1oan, an early Truth In Lending is required
to be issued withln three days of the loan application.
The purpose of the
Truth In Lending Disclosure is to all-ow a borrower to compare different loan
programs for the best loan available. Failure to provide disclosures throughout
the loan process as foan terms change circumvents the spirit of the Truth-InLendlng Act.
If the broker does not issue the inj-tiaI dj-sclosures, it is
incumbent upon the lender to do so on receipt of the loan fife.
RESPA 24 CFR

35O0.21b.b3i,b3iiiBv.C(cl

Servicing Discl-osure Statement and Applicant Acknowl-edgement; requirements:

(1)At the time an application for a mortgage servicing loan is submitted, or
within 3 business days after submission of the application, the lender,
mortgage broker who anticipates using table funding, or dealer who anticipates
a first lien dealer l-oan shal-l- provide to each person who applies for such a
loan a Servicing Disclosure Statement
Whether the servicing of the loan may be assigned, sol-d or transferred to any
other person at any time while the foan is outstanding. If the lender, table
funding mortgage broker, or dealer in a first lj-en dealer loan does not engage
in the servicing of any mortqage servicing loans, the discfosure may consist of
a statement to the effect that there is a current intention to assign, sell, or
transfer servicing of the loan.
A written acknowledqement that the applicant (and any co-applicant)has/have
read and understood the disclosure, and understand that the disclosure is a
required part of the mortgage application. This acknowledgement shal-l- be
evidenced by the siq;nature of the applicant and any co-applicant.
Servicing Discfosure Statement and Applicant Acknowledgementi delivery. The
Iender, table funding mortgage broker, or dealer that anticipates a first lien
deal-er foan shal1 deliver Servicing Disclosure Statements to each applicant for
mortqaqe servicj-ng l-oans. Each applicant or co-applicant must sign an
Acknowledgement of receipt of Lhe Servicing Discl-osure Statement before
settfement,

On 212912008, Client consummated financing for a mortgage in the amount of $144,079 on a 30 year
amortized schedule with an interest rate of 6.250/o and a payment of $887.12 locked in for 359 months
with a final payment of $886.07 on the 360th payment.
It appears Client was not given a copy of their Appraisal Report at time of consummation.
ECOA

202.14(al (Resulation Bl

A creditor shall provide a copy of an appraisal report used in connection with

an application for credit that is to be secured by a l-ien on a dwelIing. A
creditor shalf comply with either paragraph (a) (1) or (a) (2) of this sectlon.

It appears Client was not given any Credit Scoring information that was used to determine the interest

rate they qualified for.

Fair andAccurate Credit Transaction Act of 2003

Credit Scoring Information: The credi-t scorlng information that must be

provided to the consumer is set forth in Section 21,2(b) of the FACT Act, which
amends Section 6A9 of the FCRA by adding a new subsection (f). The credit
scoringr informati-on must include the following:
1. The current credit score of the consurner or the most recent credi-t score of
the consumer that was previously calculated by the credit reporting agency for
a purpose related to the extension of credj_t;
2. The range of possible credit scores under the model used
3. A11 of the key factors that adversely affected the credit score of the
consumer 1n the model used, the totaf number of which shafl- not exceed four
(4), unl-ess a key factor that adversely affects the consumer's credit score
consists of the number of enquiries made with respect to a consumer report. In
this case, then five (5) key factors may be listed;
4. The date on which the credit score was created; and
5. The name of the person or entity that provided the credit score or credit
file upon which the credit score was created.
Closing Agent failed to give Client a full copy package from the closing.
Florlda Statutes Section 627.7845(21

insurer shafl cause the evidence of the determinatj-on of insurability

and the reasonable title
search or search of the records of a Uniform
Commercj-al Code filing office to be preserved and retained in its files or in
the files of its titl-e j-nsurance agent or agency for a period of not l-ess than
7 years after the title
insurance commitment, titfe insurance policy, or
guarantee of title was issued. The title
insurer or agent or agency must
produce the evidence required to be maintained by this subsectj-on at its
offices upon the demand of the office, Instead of retaining the original
evidence, the title i-nsurer or the title insurance agent or agency may, in the
regul-ar course of business, establish a system under which all or part of the
evidence is recorded, copied, or reproduced by any photographic, photostatic,
microfilm, microcard, mini-ature photographlc, or other process whj-ch accuratefy
reproduces or forms a durable medium for reproducing the original.
The title

Examiner also requested but did not receive the following from Bank of America, N.A.:
a
I
I

a
a

I
a
a

I
a

I
a

Initial- Loan Application and Finaf Loan Applicatlon (Forms 1003)

Executed Notice of Right to Cancef (if refinance)
Copies of Executed Mortgage/Deed of Trust and all Riders (reflecting of copies
of orlglnal- executed all parties)
A True And Correct Copy of the Orlgi-na1 Mortgage Note and A11 Addendums/Riders
Initial and Final Truth-in-Lending Statement
fnitial- Good Faith Estimates
Any all Eederal & state disclosures that required a borrower(s) siqnature
Einal Closing Statements (HUD-1)
True and Correct Copy of the signed Appraisal
Credit Report used to qualify for loan
Grant/Warranty Deed (s)
Any and all- income documents provided by borrower to corroborate their income
Copy of all title commitments and closing documents

.
t
t
.
r
r
r
.
I
I
I

of Loan Pal&ent History - This must include all payments made and all- fees
incurred along with all leqends and codes used in respect to record keeping and
accountinq regarding accounts to subject loan by lender or servicing agenlA copy of proposed Escrow amounts and actua] Escrow amounts.
A l-ist of Escrow Credits and Disbursements and a reason for every entry and the
date each such entry was made
Certified Copy of Original Assignment of Mortgage and any subsequent
Assignments of Mortgage
Location of original Mortgage Note and original Executed Mortgage
Any and all Trust Agreements between the closing lender and/or any other lender
or funding source and party or parties who could claim an interest instant in
the subject loan and underl-ying note and mortqage
Any Pooling Agreements between the closing lender and/or any other lender or
funding source and party or parties who could claim an interest instant in the
subject loan and underlying note and mortgage
Any Servi-cing Agreements between the closing lender and/or any other lender or
funding source and party or parties who coufd claim an interest instant in the
subject loan and underlying note and mortqaqe
Master Purchasing Agreements
Any Special- Purpose Vehicle or SPE Agreements
Copies of the Executed Pooling and Servicingi Aqreements Dated for Asset Backed
Pass-Through Certificate Series
The exact name of the Asset Backed Security Trust that this mortgaqe was sofd
into
The name of the Trustee of the asset-backed mortgaqe Security trust which
bought this mortg'age
Copies of any modification offers or agreements that may have been offered
rejected or agreed to between the homeowner and the servicing agent.
Copy

RESPA 24 CFR

3s00.21

(e) Duty of l-oan servicer to respond to borrower inquiries-- (1) Notice of

receipt of inquiry. Wi-thin 20 business days of a servicer of a mortgage
servicj-ng loan receiving a qualified written request from the borrower for
information relating to the servicing of the Ioan, the servicer shaIl provide
to the borrower a written response acknowledging receipt of the qualified
written response. This requirement sha11 not apply if the action requested by
the borrower is taken within that period and the borrower is notified of that
action in accordance with the paragraph (f) (3) of thls section. By notice
either included in the Notice of Transfer or separately delivered by firstclass maiI, postage prepaid, a servicer may estabfish a separate and excfusive
office and address for the receipt and handling of qualified written requests.
(2\ Qualified written request; defined. (i) For purposes of paragraph (e) of
this sectlon, a qualified written request means a written correspondence (other
than notice on a palment coupon or other palment medium supplied by the
servicer) that includes, or otherwise enables the servicer to identify, the
name and account of the borrower, and includes a statement of the reasons that
the borrohrer believes the account is in error, if appllcable, or that provides
sufficient detail to the servicer.
(i-i) (3) Action with respect to the inquiry. Not later than 60 business days
borrower, and, 1f
after receivinq a qualified written requesL from the
applicable, before taking any action with respect to the j-nquiry, the
servicer shafl:
(i) Make appropriate corrections in the account of the borrower, including the
credlting of any l-ate charges or penalties, and transmit to the borrower a
written notification of the correction. This written
notification shall include the name and telephone number of a representative of
the servicer who can provi,de assj-stance to the borrower; or
(ii) After conductinq an investig,ation, provide the borrower with a written
explanation or clarif.ication that inc1udes:
(A) To the extent applicable, a statement of the servicer's reasons for
concluding the account is correct and the name and telephone number of an

employee, office, or department of the servicer that can provide assistance to

the borroweri or
(B) fnformation requested by the borrower, or an explanation of why the
informatj-on requested is unavallable or cannot be obtained by the servicer, and
the name and telephone number of an employee, office, or department of the
servicer thal can provide assistance to the borrower.
(4) Protection of credit rating. (i) During the 60-busj,ness day period
beginning on the date of the servicer receiving from a borrower a qualified
written request relatj-ng to a dispute on the borrower's payments, a servicer
may not provide adverse informatj.on regarding any pal,rnent that is the subject
of the quallfi-ed written request to any consumer reporting agtency (as that term
is defined in section 603 of the Fair Credit Reporting Act, 15 U.S.C. 1681a).
(ii) In accordance with section L7 of RESPA (L2 U.S.C. 2615), the protection of
credit rating provision of paragraph (e) (4) (i) of this section does not impede
a lender or servicer from pursuing any of j-ts remedies, including initiating
foreclosure, allowed by the underlying mortgage loan instruments.
(f) Damages and costs. (1) Whoever fail-s to comply with any provision of this
section shal1 be l-iable to the borrower for each failure in the foJ-lowing
amounts:

(i) Individual-s. In the case of any action by an individual, an amount equal to

the sum of any actual damages sustained by the individual- as the result of the
failure and, when there is a pattern or practice of noncompliance with the
requi-rements of this section, any additional damages in an amount not to exceed
$1, 000

On the surface there does not appear to be anything wrong with this file. However, to someone with
experience in mortgage origination, this file has major issues.
First, it does not appear that Taylor, Bean and Whittaker (TBW) verified the Clients' income during the
processing of this loan application. Second, the current servicer, BAC Home Loan Servicing, LP cannot
locate a copy of this file. This would include the appraisal. lt is unknown if the appraisal complies with
FHA guidelines because a copy of it does not appear to exist and Clients were not given one as part of
their copy package by the closing agent.
On712012011, BAC Home Loan Servicing, LP recorded a mortgage assignment assigning this loan from
MERS to BAC Home Loan Servicing, LP. There are several problems with this assignment. MERS
assigned this as TBW's nominee. However, when MERS recorded this assignment using TBW's
address, TBW had filed for Chapter 11 bankruptcy nearly two years before on August 24,2009. MERS
loses their rights as a nominee when the originating lender closes their doors or goes into bankruptcy
protection.

According

to MERS and Bank of America, FHA is the owner of this mortgage not BAC Home

Loan

Servicing, LP.

Examiner also questions the authenticity of the signature of Malik Basurto who signed as a "Assistant
Secretary" of MERS. Examiner reviewed several mortgage assignments filed on behalf of MERS using
the address of TBW's former headquarters in Ocala, Florida signed by Malik Basurto and discovered
each one has a very different and distinct signature.

Conclusion
There are serious problems with the way this mortgage was originated and serviced. lt contained

elements of illegal bait & switch and deception practices. lt is Examiner's conclusion that Glient
should seek legal representation immediately because there are grounds for uniust enrichment,
deceptive practices, as well as the above mentioned violations of the FTC Act, RESPA, TILA,
FACTA, FCRA, ECOA. There are also issues concerning who actually has the legal authority to
enforce the terms of this mortgage because of the timing of the MERS assignment and because
the signatures of Malik Basurto.

Disclaimer
The comments, opinions, conclusions contained in this Mortgage Loan Audit Report are not intended to
provide legal advice, and should not be relied on for legal advice. The Applicant(s) is hereby advised that
they should consult their legal adviser if they seek legal advice regarding the information contained
herein.

Certification
The comments, opinions, and conclusions of the Examiner are based on information provided by
Applicant(s) in accordance with the Terms and Conditions of the Mortgage Fraud lnvestigation
Agreement. lf information was submitted by either the Mortgage Broker, or the Mortgage Lender, or both
regarding this Mortgage transaction, whether or not submitted in response to a Qualified Written Request
(OWR) if demanded by the Examiner, said information provided has been fully reviewed by Examiner,
and given full consideration in the process of forming the comments, opinions, and conclusions contained
in this Mortgage Loan Audit Report.
Based on the information submitted by the Applicant(s) and if applicable, all other parties involved with
this transaction, it is the opinion of the Examiner that Applicant(s) should seek the advice of a qualified
licensed attorney to assess the extent of any legal remedies that may be available, and to what extend
pursuing such remedies may provide a benefit to the Applicant(s).

Stephen J. Dibert 512012012

MFI-Miami, LLC - Examiner

b;r
Lxhi

Print

Close

Request Acknowledgement by U.S. Department of Housing and

Urban Development
From: foia_hud@hud.gov
Sent: Wed9l0413 8:36 AM

To:

Isabel-1229@hotmail.com

DeaT ISABEL SANTAMARIA,

Case Number 13-FI-HQ-A2253 has been assigned to the nequest you submitted with temporany case
number 3476. In all future correspondence regarding this nequest please reference case numb
er 13-FI-HQ-42253.
Regards,

U.S. Department

of

Housing and Urban Development

Close

Print

Request Acknowledgement by U.S. Department of Housing and

Urban Development
From: foia_hud@hud.gov
Sent: Thu l0/17l13 6:03 AM

To:

Isabel-1229@hotmail.com

Dean ISABEL SANTAIUARIA,

Case Number L4-FI-HQ-}OOO9 has been assigned to the request you submitted with temporary case
number 3520. In all future correspondence regarding this request please reference case numb
er 14-FI-HQ-OOOA9.
Regards,

U.S. Depantment

of

Housing and Urban Development

^ts

.'

rrfll
^lllln
"q' riilri|riilll
;*-U!il-.li.uU*3

,u.

!|fl|il

oe4&

U.S.DEPARTMENTOFHOUSINGANDURBANDEyELOPMENT

.,"

wASHrNGroN, DC 20410-3000

orv+o'

OFFICE OF TI{E CHIEF HUMAN CAPITALOFFICER

Ms. Isabel Santamaria

499 Cellini Avenue NE
Palm Bay, FL 32907

RE:

Freedom of Information Act Request

FOIA Control No.: 13-FI-HQ-02253

DearMs. Santamaria:
This letter acknowledges the Department of Housing and Urban Development's receipt
of yow Freedom of Information Act (FOIA) request dated September 4,2013. Your request was
received in the FOIA Branch on September 4,2013.
Pursuant to the FOIA, 5 U.S.C. 552(aX6XA)(i), once HUD properly receives a FOIA
request, the Department has 20 working days within which to make a determination on the
request unless unusual circumstances exist. Under unusual circumstances, such as an agency's
backlog, or the need to examine a voluminous amount of records required by the request, HUD
can extend the 20-day time limit for processing a request. Based upon HUD's experience and
current inventory, it is estimated that it will take 30-45 days to complete the processing of your
request.

The Department will comply with your request to the extent permissible by law. Any
records not subject to an exemption will be forwarded to you promptly upon the completion of
HUD's search and review process. Your request has been assigned to Ms. Denise M. Brown for
processing. If you have any questions regarding your request, please contact Ms. Brown at

(202) 402-4816.
Thank you for your interest in the Department's programs and policies.
Sincerely,

lsl
M. Brown
FOIlr. Specialist
Off,rc,e of the Executive Secretariat
Denirse

www,hud.gov

espanol.hud.gov

Print

Close

Re: FOIA request to HUD

:

Isabel Santamaria (isabel- 1229 @hotmail.com)

Sent: Tue 11105113 3:10 PM
To: Frazier2,Robert (Robert.Frazier2@hud.gov)
From

attachment
irnage00l.png (7"7 KB)

Hello. I am requesting the pooling and servicing documents for the referenced FHA Case Number.
Please contact me if you have any other questions. Thank you for your assistance.
Sent from my iPhone

On Nov 4,2013, at 3:53 PM, "Frazier2, Robert"

TO: ISABEL

<Robert.Frazier2@hu > wrote:

SANTAMARIA

HUD received

a request

ftom you for information

Description of the Request

as

follows:

ALL POOL DOCUMENTS FOR FHA CASE NO. 094-5376646.703

I was asked to

assist

with your request but am not sure what you need.

The word "pool" can mean many things in the mortgage industry, the most common for "pool
documents" refers to a group of morrgages managed by the secondary market, especially GNMA.

am an appraiser, so to me a

"pool" means

a swimming pool, and thetefore someone seflt your request

to ouf departrnent.

Can you clarify what it is you need or what you arc t4ing to discover and then
ful fiIling your request.

I can better

assist you

in

You can send an e-mail or call me at your convenience.

<image001.png>

Rob Frazier
Robert L.Frzziet, SRA, FRICS

Directot, Acting
Home Valuation Policy Division
Robem. Frazie12@hud.gov

202-402-5752

U,S. DEPARTtr{ENT OF HOUSIAIG AND URBANDEIIELOP},IENT

WASHhIGTON, DC 204'0-3000

OFFICE OFTHE CHIEF HU]\1AN CAPITAL OFFTCER

0t"T s 0

2013

Ms. Isabel Santamaria

499 Cellini Avenue, NE
Palm Bay, FL 32907

RE:

Freedom of lnformation Act Request

FOIA Control No.: 14-FI-HQ-00009

Dear IVIs. Santamaria:

This letter acknowledges the Department of Housing and Urban Development's receipt of
your Freedom of Information Act (FOIA) and Privacy Act (PA) request dated September 25, 2013.
Due to the Government Shutdown, your request was received in the Department's FOIA Branch on
October 17,2A13. You requested all pool documents for Federal Housing Administration case
number 094-537 6646-7 03.

An individual's request for information pertaining to hirnArer is processed under both the
FOLA and the PA, to afford maximum access to records. Because you have asked for copies of
records about youlself, the Department of Housing and Urban Development mllst verify your
identity to ensure that your personal information is not released to anyone other than you. The
Department requires verification of your identity, including your full name, current address, date,
and place of birth. In addition, your request must be made in writing, contain your signature, and be
notarized. Because you have not provided this documentation, your request is not a proper
FOIA/PA request, and HUD is unable to initiate a search for responsive records.
Enclosed is an affirmation/declaration form that must be completed to satisfy the
requirements of a perfected FOIA/PA request. You must retum the form to the FOIA Branch
before a search can be initiated tbr records. If HUD does not receive the completed form within 10
business days from the date of this letter, the Department will assume that you no longer require the
records requested, and your request will be adrninistratively closed.

www.hud.gov

espanol.hud.gov

AFFIRMATIONIDECLARATION

This is to affirm that I,

(PRINT FULL NAME)
understand that any request for records maintained by the Department of Housing and Urban
Development that pertain to an individual must have this form completed and returned before any records
can be released.

My present address

My date of birth

qq 0tilini We

is:

ln

10
l,l't an'tY , Flo ri clc'*-

en'

3290t

rL

is:

My place of birth was:

My citizenship statusr

*,

11 . S

fr

L S ;' ( i l-'t Z-e n

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and conect, and that I am the person named above. I understand that any falsification of this statement is
punishable under the provisions of l8 U.S.C. Section l00l by a fine of not more than $10,000 or by
imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under
false pretenses is punishable under the provisions of 5 U.S.C. 552a(iX3) by a fine of not more than
$s,000.

tv'>b<r

Executed on

eg zct3

(DATE)

(SIGNATI.JRE OF AFFIRMANT/DECLARANT)

In rhe case of third party requests, this portion must also be signed and completed by the individual(s)
requesting any records that does not pertain to himlher.
to my records.

I hereby authorize
(PRINT FULL NAME)

I request that

-access
any located and disclosable records be forwarded to the following individual:
at the following address:

(PRINT FULL NAME)

I declare under penalry of perjury under the laws of the United States of America that the foregoing is true
and conect, and that I am the person named above. I understand that any falsification of this statement is

punishableundertheprovisionsof ISU.S.C.Section l00l byafineof notmorethan$l0,00Oorby

imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under
false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) by a fine of not more than
$5,000.

(STGNATI RE OF

Casci:

'.,r'

PLEASE nETURN TO: US. Deprrtment of Houslng rnd urban Dcvelopment

451 Seventh Street, SV[, Rmm 10139
Washlngton, DC 204f0

privacy Act of r9?4 must bc eithcr "a citizcn of the uoited shtes or an alien lawfully admiued for
tndividuar submitting a rcquesr under the
processed as keedom of Information Act rEqucsts pufsuant to
permarliflt rsidcncc," puEuant !o 5 U.SC, Secticn 552a(aX2). Requests. will be
unitod Sutes citizens or aliens lawfully admitted for
nol
who
are
for
inJriault
,
5 u.s.c. secrim 552, orr,o
pernanent residence.

tr,"i'*r""i e.i*qr*t

'1..

*E t

o"r-

;;!l|flll"".
o

rel

i tillriliit's

u.s.DEPARTMENToFHousTNGANDURBANDEVELoPMENT

*""l"JI

I.iI'"'*'

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

Ms. Isabel Santamaria

499 Cellini Avenue, NE
PalmBay, FL 32907

RE:

Freedom of lnformation Act Request

FOIA Control No.: 13-FI-HQ-02253

Dear I\{s. Santarnaria:

This letter is in response to your Freedom of lnformation Act (FOIA) request dated
September 4,2013. You asked for a copy of the full case binder file for Federai Housing
Administration case number 094-537 6646-7 03 .
Whenresponding to a FOIA request, the Department of Housing and Urban
Development searches for responsive documents existing up to the date that the request is
received in the Department's FOIA Branch. Your request was received on September 4,2013.

A search of Headquarters' records by knowledgeable staff failed to locate any documents

at HUD Headquarters that would be responsive to your request. The information you are
requesting may be obtained from your lender, Bank of America, NA, Charlotte, North Carolina.
You may wish to contact Susan Porta at (213) 345-0566, or via email at
susan.po$ai0bankofirme rica.conr. You may also contact Kelly Knapp at (904) 987-9008, or via
ernail at Lell),.l.knapp,@bankofarnerica.ccun. Please reference service lender identification
number 13065.

I am the official responsible for this deterrnination

based on information provided by the

Department's Office of Housing. You may appeal this determination within 30 days from the
date of this letter. If you decide to appeal, your appeal should inchrde copies of your original
request and this response, as well as a discussion of the reasons supporting your appeal. The
envelope should be plainly marked to indicate that it contains a FOIA appeal and be addressed
to:
U.S. Department of Housing
and Urban Development
Attention: FOIA Appeals
Office of Ethics and Personnel Law
45I7th Street, SW, Room 2130
Washington, DC 20410

Telephone: QAD 708-381

www.hud.gov

espanol.hud.gov

For your information, your FOIA request, including your identity and any information
made available, is releasable to the public under subsequent FOIA requests. In responding to
these requests, the Department does not release personal information, such as home address,
telephone number, or Social Security number, all of which are protected from disclosure under
FOIA Exemption 6.

If you have any questions regarding your request, please contact Denise M. Brown at
(202) 402-4816. Thank you for your
in the Department's programs and policies.

Director for FOIA and

Executive Correspondence
Office of the Executive Secretariat

U.S. Department of Housing and

Urban Development
Attention: FOIA Appeals

December 18, 2013

RE: FHA CASE NO. 094-5376646-703

Borrowers: Abdiel Echeverria &
lsabel Santamaria
499 CelliniAve NE
Palm Bay, FL 32907
Office of Ethics and Personnel Law
451 7th Street SW
Room 2130
Washington, DC 2A41A

'"'

Dear Ms. Dolores W.

Cole,

This letter is an APPEAL regarding the detennination based on information

provided by the Department's Office of Housing. According to this determination, a
search of Headquarter's knowledgeable staff failed to locate any documents at HUD
Headquarters that would be responsive with my request. I am hereby requesting again
my qonolete case D,inder, let an4 riqht sides for FHA CASE NO. 09{-F3-766-46-70Q and
therefore appealing this determination within 30 days from the date of this determination
dated December 4,2013.1 am attaching all required documentation for this appeal. My
request was done online and therefore I am attaching FOIA's acknowledgernent of my
request along with your response letter dated December 4,2A13 and other
documentation.
I have also attached an example of HUD's Case Binder Right and Left Sides for your
viewing and therefore I cannot understand why this is not available or cannot be located
by HUD. Again, please provide me with my 9 o-tpBlqtp gase binder. le.tt and right-side and
I will pay any reasonable fees for these documents. Your cooperation will be greatly
appreciated.

Sincerely,
j

*"')n

lsabel Santamaria

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Lrh;b;t

Secret Inside

BofA Office of CEO

Stymied Needy Homeowners

December 16,2013

i2:00 AM EST

:'ils-

Isabel Santamaria, ieft, andher husband Abdiel Echeverria sit with

legal documents related to their mortgage foreclosure case at their
home in Palm Bay, Florida, on Dec. 5,2013. Photographer: Phelan

M. Ebenhaclctsloomberg

Dec. 16 (Bloomberg) -- Isabel Santamaria thought she finally caught a break in her effort to save her
Florida home from foreclosure after nine frustrating months: She reached Bank of America Corp.'s Office
of the CEO and President.
What the mother of two autistic children didn't know is that her case would find its way to contractors,

including Urban Lending Solutions in Broomfield, Colorado, far from the bank's headquarters in Charlotte,
North Carolina. Bank of America hired the firm founded by Chuck Sanders, a former Pittsburgh Steelers
running back, to clear a backlog of complaints about a federal program designed to prevent foreclosures.

"It felt like a big deal, reaching the CEO's office," Santamaria,43, said of having her June 2010 call
escalated to what she was told was the bank's top level. "It only happened because I complained to my
congressman, the attorney general, television stations. They only put you there if you make a big stink, but
once you're there, they still don't help you."

Bank of America, led by Chief Executive Officer Brian T. Moynihan, faced more than 15,000 complaints in

2010 from its role in the government's Home Affordable Modification Program. Urban Lending, one of the
vendors brought in to handle grievances from lawmakers and regulators on behalf of borrowers, also
operated a mail-processing center for HAMP documents.

Paperwork Requests
Instead of helping homeowners as promised under agreements with the U.S. Treasury Department, Bank

of

America stalled them with repeated requests for paperwork and incorrect income calculations, according to
nine former Urban Lending employees. Some borrowers were sent into foreclosure or pricier loan
modifications padded with fees resulting from the delays, according to the people, all but two of whom
asked to remain anonymous because they signed confidentiality agreements.

HAMP was the centerpiece of President Barack Obama's attempt to prevent foreclosures by lowering
distressed borrowers' mortgage payments. Under the program, homeowners are given trial modifications to

prove they can make reduced payments before the changes become permanent.
The accounts of the fonner employees help explain why Obama's plan fell far short of the 3 million averted
foreclosures targeted in 2009. Relying on the same industry that sold shoddy mortgages during the housing

bubble and improperly sped foreclosures afterward, HAMP resulted in still-active modifications for
905,663 homeowners as of the end of August, or 13 percent of the 6.9 million people who applied.

Countrywide Managers
Bank of America stands out in a program that lawmakers and former Federal Deposit Insurance Cor?.
Chairman Sheila Bair have called a failure, leaving many homeowners worse off. The second-largest U.S.
lender canceled more trial modifications than any mortgage firm and sent the highest percentage of rejected
customers into foreclosure, Treasury data show.

To help run its modification program, Bank of America relied on managers who had worked at
Countrywide Financial Corp., the subprime lender it took over in 2008. Those executives created and
enforced quotas for resolving complaints, according to the former employees. Among them was Rebecca

Mairone, found liable by a federal jury in October for defrauding government-backed housing companies
Fannie Mae and Freddie Mac while working at Countrywide.

Urban Lending staff, struggling to meet those quotas, resorted to falsiffing records and improperly purging
complaints, the people said. They sent letters containing inaccurate statements on Office of the CEO and
President stationery to lawmakers and U.S. agency officials who sought assistance on behalf of borrowers,
the former employees said.

'Absurd' Ecosystem
Tens of thousands of HAMP modifications were improperly denied by Bank of America and Urban

Lending sinee Aprii 2009, according to a July complaint filed by homeowners against the two companies in
federal court in Colorado.
"Everyone knew that we weren't helping people," said Erik Schnackenberg, a customer-service manager

who left Urban Lending in2011 and now runs a yoga studio in Longmont, Colorado. "They were giving us

allthe pressure and none of the power to change anything. It was this absurd, self-contained ecosystem of
worthlessness."
Schnackenberg and other former employees, who spent from four months to three years at Urban Lending
as customer-service representatives and auditors, said they spoke when cootacted by Bloomberg News

because they're distressed by what they saw"

Seamless Experience
Bank of America didn't intend to mislead or stall customers or misrepresent facts to iawmakers, Ron
Sturzenegger, head of the lender's Legacy Assets Servicing unit, said in an hour-long interview. Changing

HAMP guidelines and an initial influx of overdue borrowers made the program difficult to implement, and
the bank has made improvements since 2009, he said.

"The only intent that we've ever had is to help these customers," said Sturzenegger, 53. 'olf we couid get
more people into HAMP, we'd do more HAMPs."

Bank of America awthorized Urban Lending to refer to itself as the Office of the CEO and President in
letters and telephone conversations to provide a seamless experience for homeowners who complained

directly to Moynihan, Sturzenegger said.

"The way we view Urban and other vendors trike Urban is as an extension of Bank of Arnerica," he said.
Gienn Stevens, general counsel and executive vice president of human resources at Urban Lending, denied
that the firm engaged in any wrongdoing and declined to respond to questions, saying he wouldn't address
matters tied to pending litigation.

Contractor Army
To do the HAMP modifications, the U.S. turned to mortgage servicers, which handle billing and
foreclosures. Bank of America became the biggest servicer when Moynihan's predecesscr, Kenneth Lewis,

affanged the purchase of Counkywide as it teetered under the weight of losses from subprime lending.

The deal saddled Bank of America with at least $43 billion in costs, 1.4 million delinquent borrowers and
mounting complaints about its performance.

Moynihan called on outside vendors, who hired an army of employees peaking at almost 17,000 last year to
deal with the failing loans. One was Pittsburgh-based Urban Lending, which had been doing title work for

Bank of America since 2007. The vendor also serviced mortgages for

Metlife Inc.

and SunTrust Banks Inc.

Urban Lending was founded in 2002 by Sanders, a 6-foot-1 graduate of Slippery Rock University who
scored one touchdown over two seasons in the National Football League. Anticipating the coming housing
apocalypse, Sanders , 49, pivoted from title searches to servicing troubled mortgages, according to an

interview with the Pittsburgh Tribune-Review.

Piffsburgh Restaurant
Reveirue at Urban Lending surged to $183.5 million last year from $8 million in2AA7, making it one of the

country's fastest-growing minority-owned businesses, aceording to Black Enterprise magazine. Saaders,

whose other holdings inctrude the Pittsburgh restaurant Savoy and a stake in energy-drink maker Fever,

deciined to comment for this article.

Lirban Leuding erpanded in Coioraclo afier .uvimrinc the llank of r-\mericit contrlici. lnur in-u into a tlve-sicry

brick buiicling ir, Broornfieid rvjth vic'u,s of the Rcck;, \4crirntains.'I'he ilrnr also

haci a ',r,arehous,--

in

llroornlield l'or processing docuureilts fi:oni tens o1'thousancls of i'{AMP airpiicaiions.

There, unopened mail was stacked to the ceiling, said three people who spent tirne at the warehouse. Timesensitive documents such as pay sfubs grew stale, and paperwork was scanned into computer systems late
or partially, triggering loan-modiitcation rejections, the people said.

'Biack Hole'
The warehorlse was a "black hole," according to a lawsuit frled in U.S. District Court in New York by

former Urban Lending employee Gregory Mackler, who accused Bank of America of intentionally denying

qualified HAMP applicants. The complaint was unsealed and dismissed last year after five lenders reached
a $25 billion settlement with federal and state governments to end probes of abusive foreclosure practices.

At the office in Broomfield, Urban Lending employees examined every letter from lawmakers to deterrnine
which were computer-generated and which were signed by a human, according to four former employees"

The handwritten ones got special attention and were called wet signatures, they said. The others were
referred to as dry.
The signatures of some U.S. senators, including Democrats Harry Reid of Nevada, Carl Levin of Michigan
and Charles Schumer of New York, were enlarged to two to three feet and tacked on the walls of a qualify-

control room to help employees identi$r wet signatures, the people said.

Handwritten Signatures
Complaints with handwritten signatures were sent to an outside law firm to reduce the risk that aregulator
or lawmaker would fault the bank, according to the former employees. The rest were handled by regular
staff.
Sturzenegger denied that employees attempted to verify signatures. He said Urban Lending scrutinized all
letters from politicians and regulators to help identify broader policy issues. Those that raised such matters
were considered wet, he said, while those from homeowners were called dry.
The most common tactic used to stall and reject homeowners was to claim they hadn't submitted

paperwork, according to ail nine former employees. Urban Lending requested new applications and
supporting documents including pay stubs every 30 to 60 days, even if the customer had sent them, the
people said.

"People went through years of sending documents in," said Daniel Ellersdorfer,3T , a customer advocate
who left Urban Lending after 13 months in September 2Al2 and is now a scuba-diving instructor. "There
were people who did everything right and they would still get screwed over and have to start the

modification process all over."

Palm Bay
Sturzenegger said Urban Lending employees accusing the bank of wrongdoing have an incomplete
understanding of customer files. Stevens, the contractor's general counsel, said the allegations

ooare

baseless

and constitute nothing more than the unsubstantiated accusations of a few disgruntled ex-employees."

Santamaria and her husband Abdiel Echeverria, 35, bought their four-bedroom Palm Bay home in 2008 for
$167,000 and spent $60,000 to renovate it, she said. They applied for HAMP in October 2009 after

Echeverria's hours as a Waste Management Inc. driver fell. The bank rejected the application because their
mortgage costs were too low in relation to their income to quali$r for the program.

The couple applied again in January 2010, sending their appiication to an Urban Lending office in

Pittsburgh, after their children, Jonathan and Rebecca, were diagnosed with autism, Santamaria said. After

five months of setding HAMP paperwork with little to show for it, she complained to U.S. Representative

Bill Posey, a Florida Republican, who contacted the Office of the Comptroller of the Currency on her
behalf.

OCC Letter
Bank of America sent coaflicting responses to the OCC and Santarnaria. A Nor,. 24, 2AI0,letter to
Santamaria on Office of the CEO and President stationery stated that her rnodification was canceled
because the bank didn't receive the required financial paperwork. On the same day, the same customer

advocate, Scott McDaniel, wrote to the OCC, saying the case was still under review.

A third letter, sent by the OCC to Posey on Dec. I based on information obtained fiom Bank of America,
said Santamaria had provided all documents and didn't qualify for HAMP because her mortgage expenses
were too low.

"They tell the outsiders a completely different story from w,hat's really going on," said Santamaria, who
kept fax reports as evidence that she sent paperwork on time and has posted accounts of her dispute online.
Santamaria said she was never told what was missing while sending applications and supporting rnaterial to

Bank of America more than half a dozen times.

Carlisle & Gallagher

Her case shows horv Bank of America relied on multiple contractors to staff its Office of the CEO and
President. McDaniel, w'ho signed the Nov. 24,20l0,1etters, worked for Carlisle

& Gallagher Consulting

Group atthe time. The firm was one of several vendors hired by Bank of America to handle mortgage
complaints, said Dan Frahm, a spokesman for the bank.

Melody Callaway, a spokeswolnan for Charlotte-based Carlisle & Gallagher, declined to comrnent, as did
McDaniel, who worked out of an office near Dallas and now owns an emergency-services company in West
Plano, Texas.
Santamaria's case was retumed for review to Urban Lending after she wrote to Posey and the OCC again,
on Dec. 8, 2010, complaining that the bank's letters contained inaccuracies. She said she received a phone

call in January 2011 from a wofilan named Gloria Perez, offering her temporary fbrbearance on her
mortgage -- the saille offer the Dec. 1 lefter from the OCC said she had already received.

Perez was employed by Urban Lending, Frahm said.

Emotional Harm
Santamaria said she told Percz that she and her husband had filed a lawsuit the previous month in federal

court in Orlando, Florida, accusing the bank of fraudulent misrepresentation and causing emotional harm.
judge dismissed the case, finding the couple, who represented themselves, failed to meet legal standards
and provide sufhcient evidence. An appeal was turned down in July.

Last month, Bank of America sent her a foreclosure warning, Santamaria said.
Posey declined through a spokesman to comment about the letters, as did Bryan Hubbard at the OCC.
Frahm, the Bank of America spokesman, said the lender never received required documentation from
Santamaria and ended efforts to reach her in mid-2011, after her lawsuit was filed.

Extra Fees
Borrowers whose modifications were delayed for a year or longer accumulated thousands of dollars in fees
and interest and were disqualified for HAMP because their debt-to-income ratios worsened over time, four

former Urban Lending employees said. Foreclosure or modifications under the bank's own program,

fypically with higher interest rates, often became the only options, the people said.
Bank of America said it had given 891,100 of its own modifications as of October, more than three times as
many as provided under HAMP. That's because most of the bank's customers didn't qualifu for the
govemment plan, Sturzenegger said.
The bank gave legal assignments, title searches and appraisals to its own subsidiaries, including Recontrust
and LandSafe. Fees charged to homeowners ranged from about $45 a month to inspect the outsides

of

homes to about $850 for legal frlings, according to three former Urban Lending employees.

Bank of America isn't motivated by the extra fees and interest charged to customers as a result of delays,
Sturzenegger said. The company doesn't get reimbursed on all the fees, so it loses money when

delinquencies drag on, he said.

"Do you know how much money we lose in this division?" he said. "We lose a lot of money. To suggest
we're doing it because we make more money, it's just completely inaccurate."

'Applying Pressure'

Bank of America, which inherited hundreds of thousands of overdue borrowers from Countrywide, sent 33
percent of canceled HAMP trials into foreclosure through the end of July, the highest percentage of any
the biggest servicers, Treasury data show. The figure was 27 percent for Wells Fargo

of

& Co. and2A percent

for both JPMorgan Chase & Co. and Citigroup Inc. The industry average was 22 percent.

"While the country

as a whole has made significant progress, there is

still room for improvement for

servicers, and the Treasury is committed to applying pressure on the mortgage-servicing industry to

improve servicer behavior," Treasury Deputy Assistant Secretary Tim Bowler said in an e-mail.
The reality of working at Urban Lending contrasted with the training they received, six of the people said.

Recruits were told during six-week introductory sessions that they were being paid $16 to $18 an hour to
help Americans keep their homes.

Taco Beli
Once they starled, employees learned that Bank of America quotas applied to everyone from customer
advocates to auditors and quality-control staff, the people said. They worked 1S-hour days and on weekends

with the knowledge they could be fired if they couldn't meet targets. Properly resolving complaints was
often impossible because Urban Lending employees couldn't access needed files among a dozen software
programs and relied on Bank of America personnel who often ignored requests, they said.

"Smart people would leave right away," said Schnackenberg, the former Urban Lending manager. "You
were left with people trying to take care of complex, aged files who were formerly assistant manager of a
Taco Bell. It was a recipe for failure for homeowners."

Under pressure from bank managers to close cases, Urban Lending workers resorted to shortcuts, six people
said. That included forging power-of-attorney letters or removing notations that a customer hired a lawyer,

making it easier to close files.

Managers purged complaints after business hours, circumventing an internal review process set up by

Accenture Plc, according to two of the people. Employees falsified records to show late-night conversations

with borrowers that didn't happen, the people said.

Sturzenegger said he didn't believe Urban Lending employees falsified or tampered with records.

The Hustle
Bank of America used ex-Countrywide managers to push Urban Lending to meet its goals, according to the

former employees. One of them was Mairone, the only individual named in the government's first mortgage

lawsuit from the financial crisis to reach trial.

Mairone was part of the Countrywide team that set up a program known as the Hustle, which removed

quality-control steps for mortgages sold to Fannie Mae and Freddie Mac, costing the U.S.-backed firms
$863.6 million, according to a Nov. 8 filing by prosecutors in federal court in New York.
She helped create Bank

of America's HAMP policies

as

the f,rrm's lead default-servicing executive,

according to the July lawsuit. Mairone joined JPMorgan in2012 and now oversees vendors for that bank,
according to a New York Times article.

'Wealthy Man'
"If I had a nickel for

every homeowner that e-mailed or called Rebecca to thank her for keeping them in

their homes, working to save their families and helping them through tough times, I'd be an extremely
wealthy m411," said Marc Mukasey, her lawyer, who declined to comment about Urban Lending.
Another Countrywide executive who took a role at Bank of America managing Urban Lending was Ken
Scheller, senior vice president of default servicing.
Bank of America was "not of course interested" in good-faith reviews of HAMP appiicants, Scheller told

Mackler, according to the whistle-blower complaint filed by the former Urban Lending employee. Scheller,
who's no longer at Bank of America, and Mackler declined to comment.
Urban Lending employees were told by trainers that they shouid never admit fault on the bank's behalf in

writing or over the phone, four former workers said. They were warned that e-mails could be subpoenaed,
the people said.

Gift Cards
To soothe homeowners frustrated by delays, employees had a monthly allotment of $25 and $50 gift cards
they could give customers, said three of the former workers. The joke among staff: It was just enough
money to buy moving boxes.

Urban Lending empioyees said they were told by their managers that the orders to reduce homeowners'
complaints came directly from Moynihan and Bank of America board members, who checked caseload
figures daily. One such push was called the "Drive to Five," a plan in late 2010 to lower complaints to
5,000 from more than 15,000.

Sturzenegger, an investment banker who took over as head of the legacy-asset unit in August 20t1, said it
was his responsibility, not the CEO's, to manage the division. Stevens, the Urban Lending lawyer, said the

vendor "had no visibility as to the activities or agenda of Brian Moynihan or the BofA board of directors."

'Last Resort'
Moynihan, 54, who declined to comment for this article, has spoken of the responsibility the bank has to its
most lulnerable customers. He told an Atlanta Rotary Club prayer breakfast in October 2011 that
foreciosing is "always the option of last resort," according to prepared remarks.
"Foreclosure is not only the worst outcome for a customer, it's also the worst financial outcome for the
servicer and the owner of the mortgage," he said. "The best decisions are the ones that go beyond our own

naffow self-interest."
The CEO, dogged by investors' questions about mortgage costs since taking over in 2010, is dismantling
the division that handles delinquent borrowers. The unit had 6,200 contractors as of June, down from its
peak of 16,9AA last year.

While Bank of America suruived the Countrywide acquisition, some of its customers didn't fare as wel1.
Foreclosure sales were scheduled as homeowners were waiting to hear about their applications, giving them

little time to appeal mistakes, said six former Urban Lending employees.

Christmas Foreclosure
Jose

De Santiago, a municipal inspector in Mission Viejo, California, was in the midst of a modification in

December 2011 when he got the letter: He had five days to leave his fwo-bedroom condo.

De Santiago,43, spent Christmas packing his belongings with his son Joseph, then 13, and was out the next
day.

After a Bloomberg News reporter alerted the lender's communications department, Bank of America
bought the condo from Alton Hoidings Inc., which had purchased it in a foreclosure auction. A bank lawyer
apologized, and De Santiago was allowed to move back after two weeks.
Bank of America offered $5,000 to compensate him for furniture lost in the eviction, according to a draft
a proposed settlement. De Santiago refused because he

would have had to sign a liability release, he said.

He's still fighting the lender to get it to repair his credit scores.

of

"They asked me to put in writing how well they treated

me," De santiago said. .,I can,t believe Bank of
America was allowed to do the horrible things it did to
me and
others.,,

Bank of America's sfurzeneggff said some customers

who should have received government assistance
may have fallen through the cracks of the system
the lender
created.

"If you went back

and re-reviewed the documents, based on today,

would they have qualified for HAMp?,,
sturzenegger said. "possibry. That's the best way to
answer it.,,

To contact the reporter on this story: Hugh Son in New york

at hsonl(@bloomberg.net

Tocontacttheeditorresponsibleforthisstory:PeterEichenbaumat

EYh;

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,j1!-

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CARRIl\[GTOI\[
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lune26,2015

Abidel Escheverria
Isabel Santamaria
499 Cellini Ave NE
Palm Bay, FL 32907

RE:

CMS Loan #: 6000002968

Property Address: 499 Cellini Ave NE, Palm Bay,

FL

329A7

Dear Mortgagor:

This letter is in response to a written inquiry received in our Customer Service Research Department on
June 17,2015. Carrington Mortgage Services, LLC ("CMS") is committed to responsible Iending and
servicing and we would like to address your recent concerns regarding the above-referenced loan.
As we understand your corespondence, you would like to visually see the original "wet ink" Promissory
Note as the copies you have been provided is not sufficient proof.

We respectfully decline the request for inspection of the Original Note, as the Note is secured and not
available for release until the debt is fully satisfied. A copy of your Note with endorsement is provided
for your records, which is a true and correct copy of the original wet ink Promissory Note you requested.
The current owner/holder/investor/service of record for the loan is: Carrington Mortgage Services, LLC.
CMS is the current servicer of this loan on behalf of the investor with rights to enforce the terms of the
security instruments and collect on the debt. The investor may be contacted in writing directly through
CMS at PO Box 3489, Anaheim, CA 92803 or by telephone at (800) 561-4567.
Please be advised that we have addressed this issue along with debt validation on the following
occasion(s): November 13,2A74, January 14,2015, and April 3,2015. Enclosed is a copy of our letter(s)
which state in regards to debt validation and proof of ownership.
This letter is our Final Response to your validation of debt and proof of ownership along with proof of
documentation. ln the above responses we provided on numerous occasions, we have provided you with
copies of the Promissory Note (including endorsement), Mortgage, Assignment of Mortgage, Uniform
Residential Loan Application, HUD-1, Title Policy, and payment histories. Our decision remains
unchanged and is final,
In addition to the above, we will no longer respond to any future requests regarding this issue which was
previously finalized.

P.O. Box 3489, Anaheim, CA 92803 p

ffi

800.561-4567 f 800.486.5134

--**dr{'dw'brr---

CABRI}IGTOl\t
r
i\toR"r{;At;

sI RVIClis

The loan is seriously in default and is currently in active foreclosure. Please note at this time of this
response there is no foreclosure sale date. Payments are past due from June 1,2010 through June 1,2015
payments, for a total amount due of 577,261.86. If the total amount due is more than the Principal,
lnterest and Escrow payment, it may be due to outstanding late charges and fees that have been billed to
your loan. The last payment was received and posted to your loan on May l, 2010,
We trust we have fully addressed your concerns regarding this matter. However, should you have further
questions, please contact Carrington Mortgage Services, LLC at (800) 561-4567, Monday through Friday,
8:00 AM to 8:00 PM, Eastern Standard Time. You may also contact us in writing at P.O. Box 3489,
Anaheim, CA 92803.
Sincerely,
,

.';

-d)

."'.&'1,-*1'

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'Lisa

Thomas
Customer Service Research Department
Carrington Mortgage Services, LLC
Enclosure: Note with Endorsement and Prior Response Letters

f,

P.O. Box 3489, Anaheim, CA 92803 p

800.561-4567 f 800.486.5L34

CWL

CA&M

MORTGAGR SERYTCES

November 13,20i4

Abdiel Echevenia
Isebel Sant*marie
499 Cellini Ave NE
Palm Bay, PL32907

RE: CMS Inan # 6000002968

Dear Mortgagor

This letter is in response to your written inguiry received in our Customer Service Research
Departnent on Novembet 3,2014, Carington Mortgage Services, LLC ('CMS') is cornmitted
to responsible tonding and servicing and wp would likc to sddrcss your recent concorns regarding
the above-referenced loa$,

A debt sollcctor has thc optioa undet the Fair Debt Collection hactices Act (FDCPA,

15 U'S.C.
$g1692-1692p) ofresponding to a request to valldate tlre debt uith either: (a) verifioadon ofthe
debt or any iopy of a judgment, or O) the name and address of the odginal crcditor. A
verifisation of debt uuder the FDCPA mey be accomplishcd with as little as a confirmgtion in
writing that the amount being demanded is what the creditor is claiming is owed. (See, e.8.
Blanc v, Palisades Collection, LLP,2007 WL3254381, *7 (S.D.N.Y. 2007); Clark v. Capitial
Credit & Collec.tion Servs., 460F.3d 1162, (1173-74 (9th Cir.2006); Chaudhry v. Gallerizzo, 174
F.3d 394,406 (4th Cir, 1999),)

To validate the debt, pteas" find enclosed copies of &e Unlform Residential-Loau Application,
Mortgage and Note wittr RiOers boaring your signatures along,with a copy of e payment history
with mo*gage codes srd definitions for yourredew and rccords.
The curreat owncr of resord for the loan is: Carringlon Mortgage SstYices, LLC_. _ CMS is the
c.urrent ssrvieer of this loan on behelf of tlre invcstorltrustee and the invcstor/holder may be
contaered through CMS at PO Box 54285, I*ine, CA 92619 or by telephono 8t (800) 5614567.

Our records indicate, the above-referenced loan was in an active foreclosure on the date of
transfer due to non-payment. Please contact our Horne Retention Department at 866'874'5860
for payment alrangEments and or other options to keep you in your horne'
We trust we have fully addressed your conoenu regarding this matter. However, should yon
have further questionq please coniact our Customer Service Deparfinent at (800) 561'4567 '
Monday ttuoultr Friday,i:00 AM ts 9:00 PM, Eastern Standrd Time. You may also cootact us
via ourmsiling address at P.O. Box 54285, Irvine, CA 92619 - 4285'

P.O.Box54285, lrvine,CA92619 p800.561-4567 f80o'486'5134

CONEIqENTIAL

CARRIIVGTON
M,6ifcAcE- sER{ricES

Sincerely,

,1r,af

@Lu"nn-

Gladys Shrum
Customer Service Research Department
Carrington Mortgage Services, LLC
Enclosures
IMPORTANTDISCLOSURES
.INQUIRIES & COMPLAINTS.
For inquiries and complaints about your mortgage loan, please contacl our CUSTOMER SERVICE
DEPARTMENT by writing to Canington Mortgage Services, LLC, Attention: Customer Service, P.O Box 542E5,
Irvinc, CA 926194285, or calling l-t00-5614567. Please hclude pur loan numbcr on all pagcs of
correspondence. Thc CUSTOMER SERVICE DEPARTMENT for Catrln$on Mortgago Scrvices, LLC is toll frec
and you mry call from t:00 s.m. to 9:00 p.m. Eastorn Time, Monday througlr Friday, You may also visit our wcbcitc
.IMPORTANT BANI(RUPTCY NCTTICE.
If you have bcen discharged Aom personal liability on thc mortgagc becausc of bankntptcy procecdings and have
not rslfirmcd thc mortgage, or if you are thc subject of a pending buknrptcy proceeding, this leBer is not an
attempt to collect a debt from you but mercly provldes informational noticc rcgarding thc status of thc loan, If you
are represented by an attomey

with respcct to your mortgage, please forward this document to your attomey.

-CREDITREPORTING
Wc mry rcport information about your accourt to crcdit burcsur. lato prymcnts, miscd ptymGnts, orothcr dc&ults
on youi aciount may be reflected in your credit report. As rcquired by law, you arc hereby notified that l-ne-gativc
credit report reflectiag on your credit record may be submiucd to a credit reporting agency ifyou fail to fulfill the
tcrmr of your crrdit obligationr.

.MINI MIRANDA.

This communication is from 8 debt collcctor and it is for tlre purpose of collecting a debt and eny information
oboined will be usod for that purpose. This notice is required by &e provisions of thc Fair Dobt Collcction Practiccs
Act and docg not imply that wc are attompting to cotloct monoy from anyono wlro has dischargad tho dcbt under thc
banknrptcy laws ofthc Unitcd Ststcs,

.HT'I' STATEMENT.

of 19t7, 1ou may havc thc oppornmity to

rcceivccounselingiomvariouslocaiagoncierrcgardinglhcrctcntion.ofyourhomc. Youmayobtaln-alisto-lthc
HUlopproved hiusing counseling agJncies Uy &tlingthc HUD natlonwidc toll &ee tclophone numbcr at (E00)

Pursusnt to scction 169 of rhc Housing and Community Dcvclopmcnt Act

56942E7.

.EQUAL CREDIT OPPORTUNITY ACT NOTICE.

ft FiOirrt-Earif

Crcait Oppor*,,y Act prohibiB crpdiors &om dicoriminlting agninst crodit applicans on the

ofrace,-binding
cotor, religion, hationaforigin, sex, marial stahu, or age @rovidgd thc applicant has the capacity ro
because ill or part of the applicant's, ingomc dorives &om any public rssistance
enter inro
"basis

"oiuit);
program; or" becausJ the
appticant has, in good iaith,cxencised any right u.nde_r tlr C. onsumer Credit Proteetion Act.
The-Foderal Agenoy thaiidministcrs CMS'comptiance with this taw is the Fcderal Tnde Commission, Equal
Credit Oppommity, Washinglon, DC 205t0.

754285'lMne,cA92619p8@.561.4567f80o'486.5134

CONFIDENTIAL

CAN,RIIIffTO$

ilronl'GAGE S[ttVIC!]S

January 14,2015

Abdiel Echcverria
Isabel Santamaria
499 Cellini AveNE
Palm Bay, FL32907

Re:

CMS Loan Number: 6000002968

Property Address: 499 Cellini Ave NE, Palm Bay, FL3290?

Dear Mortgago(s):

The Customer Service Research Department of Carrington Mortgage Services, LLC ('CMS")
received your correspondence in our offioe on December 26, 2014. CMS is committed to
responsible lending and servicing and we would like to address your concems regarding the
above-referenced loan.

Ow records indicate that CMS acquired the servicing of your loan from Bank of America
effective August 1,2014. Enclosed is a copy of the Notice of Servicing Transfer for your review
and records,

Your correspondence requested that

Procedures

it

be treated as a QWR under the Real Estate Settlement

characterization of yow

Act C'RESPA"). As indicated below, we dispute the

correspondorce as a QWR,

A QWR is defined by the RESPA as a written correspondence that identifies the name and account of
the Bonower and includes eithpr a statement of the rcasons for thc Borrower's belief ttrat lhe accourt
is in error, or provides sufficient deAil to the Servicer regarding other information relating to the
servicing of the loan sought by the Borrower (12 USC Section 2605(eXlXB) and Regulation X
Section 3500.21(cX2).
In additioq in order to qualify for QWR status, a request for information must be limited to rquests
for "information relating to the servicing of [a] loan" (12 USC Section 2605(e)(lXA). "Servicing" is
defuEd in Segtion 6(iX3) of RESPA (12 USC Secdon 2605(iX3)) as 'tecciving any sohcdulod
forescrow
psriodic payrrents &om a Bonowcr pursuant to the terms of any loan,
principal
such o&er
payments
and
interpst
and
of
the
10,
and
making
in
section
desoribcd
aecoun6
paymen6 with respect to the arnounts received from the Bonower as may be required pursuant to the

including

terms ofthe loan".

In Morequity v. Naeem, 118 F. Supp. 2d885 (N.D. III. 2000), the Federal District Court held that the
Borrowers did not tender a QWR to their Servicer when they submitte.d a letter to the Servicer seeking
P.O. Box54285,

lrvine,CA92619 p800'561-4567 f800.486'5134

CONFIDENTIAL

CABRIT[C1TOI{

i\IOTITG,ICD SEIIVICES

information about the validity of the Mortgage loan and mortgage loan documents. The Courr stated
that since the request did not relate to the servicing of the mortgage ioan. it did not constitute a QWR
under RESPA.

As in Morequity, the requests here do not relate to the servicing of the Loan, as required by
12 USC Section 2605(e)(l)@)(ii). Your correspondence fails to provide any basis for any belief
regarding an eror in relation to the account other that making generalized discovery requests.
However, a QWR as defined in RESPA and Regulation X and as analyzed in numerous federal
case that have looked at this issue, is not intended to be a mechanism for unfettered discovery.
Rather, it is solely intended to provide a mechanism for the Servicer to explain to thc Borrower
perceived errors in the accounting relating to the sarvicing of the mortgage loan.
Nevertheless, we have reviewed the information in connection with the request and provide you
with the information below regarding the account status. Enclosed for your review and records
are copies of the following documents: Loan application, Note, Security Instntment/Deed of
Trust, Assignment of Mortgage, Seftlement Statement and Payment History along with codes
and definitions. The original creditor is Taylor, Bean & Whiaker Mortgage Corp. with an address of
I 41

North Magrrolia Ave, Ocal4 FL 3C475.

As of the date of this letter, your Loan is due for the06/01110 through 01/01/15 payments, for a
total amount due of $70,804.33. If the total amount due is more than the Principal, Interest and
Escrow payment, it may be duE to outstanding late fees and other fees that have been billed to
the loan. Ihelastpaymentreceivedandpostedtotheloanwason05/0lil0.

Ifthepayrnentis

past due, default has occurred as funds have not been received which would bring the loan
current.
Please find the below Original Principal Balance, Current Principal Balance. a breakdown of the

curent Principal and lnterest payment, Escrow (if applicable), Escrow Balance and any funds in
Unapplied/Suspense.

Original Principal Balance:

Current Principal Balance:
Principal & Interest:
Escrow Payment:
Escrow Balance:
Unapplied Balance:

$144,079.00
$138,872.05
$887.12
$326. I 5

$-20,643.39
$.00

Our records indicate the curent investor/tnrstee/note holder/owner of rccord for the loan is
Carringlon Mortgage Services, LLC. The investor is located at 1610 E. St" Andrew Place, B
150, Santa Ana,tA 92205 with a telcphone number of (800) 561-4567. CMS is the curent
,e*ice, of this loan on behalf of thc investor with rights to enforcc thc terms of the security
Instrurnents and collect on the debt. The inveslor may be contacted in writing directly through
CMS at PO Box 54285,Irvine, CA 92619 or by telephone at (800) 561'4567'

7Box54285,lrvlne,CA92619p8o0.551-4567f800.486,5134

CONFIDENTIAL
.-:

CARRINGTON
**-*fr
*-

"

Rtc;ic ii-SEmiiet

We trust we have fully addressed your concerns regarding this matter. However, should you
have further questions, please contact our Customer Seryice Departmcnt at (800) 561'4567,
Monday thtguCh Fridan 8:00 AM to 9:00 PM, Eastern Timc. You may also contact us in writing
at P.O. Box 54285,Irvine, CA92619'4285.
Sincerely,

lt(

=ffiir>uWd"r*

Sherell Dupre
Customer Service Research Department
Carrington Mortgage Services, LLC

Enc.

7'Box54285,lrvlne,cA92619p8oo.561.4567f800.486.5134

April 3, 2015

Abdiel Echeverria
lsabel Santamaria
499 Cellini Ave NE
Palm 6ay, FL 3?907

RE: CMS Loan # 6000002958

Dear Mortgagors:

This lener is our response to the borrower's written correspondence received in our Customer
Service Research Department on March 25, 2015. The Lener disputes the debt, which we
interpret as a reguest for verification of the debt under the Fair Debt Collection Practices Act
("FDCPA"), Carrington Mortgage Services. LLC ("CMS") is committed to responsible lending
and servicing and we would like ro adriress any concerns regarding the above-ret'erenced loan.
As we understand your correspondence, you state you are inquiring about the accountinS and servicing
of the mongage loan and documents for verification of the alleged debt.

Veriflcatlon of Debt:
Please be advised that the Loan is evidenced by a Note dated February 29,2co,8, in the principal sum of
S144,079.00 executed in favorof Taylor, Bean & Whitaker Mortgage Corp., a copyof which is enclosed.
The toan is secured by a Mortgage dated the same date, a copy of whlch is also enclosed. See the
enclosed documents for more informatlon.

CMS is committed to customer satisfaction and we will respond to the request by provlding the Loan
Application, Note, Mortgage, Assignment of Mortgage, HUD Settlement Statement. Title Commitment,
trscrow Breakdown.

Our records indicate the current investor/note holder of the loan is; Carrington MoftSaEe Services, i-LC.
CMS is the current servicer of this loan on behalf of the investor/trustee and the investor/holder may be
contacted through CNS at PO Box 54285, lrvine, CA92619-4283 or bytelephone at (80O) 551-4557.
This loan is seriously in default and is currently in active foreclosure. Please note at time of this response
there is no sale date. Payments are past due from June 1, 2010 to present for a total due of 573,416.45.

A payoff demand statement will be sent to you under a separate cover from our Payoff Department,
which shows all amounts necessary to pay off the Loan. The request was submitted to our Payoff
Oepartment on March 31, 2015.
Our records indicate late charges in the amount of 5794.12 carried over from the previous servicer with
account number 2255g127. Our records indicate your loan servicing was transferred to CMS on
S/Ol/ZOl4. A copy of the previous sewicer payment history is enclosed for your review and records.

P.O. Box 54285, lrvine, CA

92619

p 800.561-4567 f 800'486'5134

Please note other outstandlng fees are due for this account as indlcated in the chart below:

Date

Assessed

Amount

081071t4 srs.oo
aglilOh4 SzO.OO
Ogl30l74 SZO.OO
70/28/74

t1/24/L4

o2/o2/L5
A2/O9/L5
Iotai Due:

Szo,oo
520.00

$2O.OO

S2O.00

Description
Property Preservation
Properry Preservation
Property Preservation
Property Preservation
Property Preservation
Property Preservation
Property Preservation

s135.00

The remainder of the requests contalned in the Letter are declined as they seelt documentation that
goes beyond that which ls avallable throuth a verlfication of debt under 15 U.S.C. 516929. With regard
to your reguest for protected documentg, Carrington states that documents requested, lf they exist,
may be proprietary confidentlal, and/or othenrise protected from disclosure and dissemination.

Therefore, we are unable to provlde you with coples of collections notes, collection records,
communication files, or any other form of recorded data between CMS and the borrower, copies of
servicing atreementt contracts, property inspections, invoices, and procedural manuals, etc. For copies

of cancelled checks, or money orders, you will need to contact your financial institution to obtain that
information.

lf you have a specific question, complaint or request relatlng to the servicinB of the loan as that term is
deflned by the statute, we look forward to further discussions regarding the account. Othetwise, we
trutt that thls communication addresses your correspondence adequately.
ln closing, for your review and records, copy of the billing statement dated for March 18, 2015 and copy
Payment
History lists the transactions relating to the Loan while being serviced by CMS. Please note this history
provides pertinent information on payments received, tax and insurance payments disbursed, funds in
the suspense/unapplied funds balance, and late charges assessed and paid.

of payment history along with transaction codes and definitions has been enclosed. The

We trust we have fully addressed your concerns regarding this matter. However, should you have
further questions, please contact our Carrington Mortgage Services, tLC at(800) 56L-4567, Monday
through Friday, 8:00 AM to 8:0O PM, Eastern Standard Time. You may also contact us in writint at P'O'
Box 54285, lrvine, CA 92619-4285.

Customer Service Research Department

Carrington Mortgage Services,

l-LC

Enclosures

P.O. Box 54285,lrvine, CA

92519

p 800.551-4567

f 800.486.5134

$4

,r t

NOTE
THACASENO.

094-5376646.703

ErLl..--.
Febiuary

29,2008
aA

6hA6

.'

lDotcJ
,6a
a^tl:-:
A-.^
499
CetlinaAve
NE

.,

I.

tProperlyAddrsssj

:,

2,

':BOBROWER:S
uvlu\vyy&
PROMISE
rIt r..rli.ut
}> r.I\t
lvIIlJ,E TO
PAY;

;.

PARfiES
. "Birrower" means each person signing at lhe end.of ths Note, and &e person's successors and qsligirs.
mcanq taylor; Bean & Whitaker Mortgage Gorp.

r1.ender,',

l!.ltlrDI
INIEREST

'In retura for a loan received &oirn Lender, Botrowerproinises to pay the principal surir of One Hundred Forty Four.
,,
Thougand Seventy Nine and no/100
Dollars
(u.s, $144,079..00
), plus interest, to the order of Leuder. Interest will be bhaiged'on unpaid
'pririoipa[ from the. ilate of disbursemeat of the toan proceeds by Lender, at the rate of Six and One Quarter

rlonoerrg.l

FDGD RATE NorE

|TEM S77rL1 (0810)

ffi ilril illlt ilil ilril titil ililt liill ililt tilfl
*0232052417954*

llllil

6196

Grpotoocsr
d[ 1{0G96&5175,.

20071012.100000

!!.!

(D)

Nlonge.to this Note for PaymentAdiustments

If

an allonge providing for payment adjusuneuts is exeoritcd by Borrower together witn Ois Note, tbe'covdahnls of the
allonge shall.be incorporated ioto and shatl amend ard supplement flre covenanJs of this Nots as if the'allonge tpereB'part of

'tltis

5.

No1e. (Cheok applicable

box.)

Growing EquityAllonge

[]

OUer[specify]

CraauaieO Pagneat Allonge

BORROIVER'SRIGETTOPNEPAY

Bonower h'as &e right to pay the debt evidenced by this Notg in whole or in part, without charge orpaulty, on the fint
day of any moalh. Lender shall accept prepa5ment on other days provided that Bonower pays interest ou tlre amount prepaid
' for tlrc remaindel of tbe mouth to the extent reffied by Lender and perrritted by regulations of the Secretary. lf Borrovrsr
makes a partial prepayment, there witl be ao chaagis in the due date or iu the anount of &euonthly payngnt unless Leodir
.'
agrees in writing to those

changes.

'

(A)

Lote Charge for Overdue Payments

has Eot received the full monthly palmcnt rcquired by tbe Security Instnuueot, as dscribed in Paragraph 4(C) .
of this Notg by the end of fifteen calendar days after Oe paymert is due, Lender may collect a tate charge in the anount of
Zo) of the overdue amouut of each pqyiaent.
.pixcent

If Lender

Fouf

4.A

(B) . Default
IfBorrower defaults by &iling to pay in firll aoy montbly pc:pent, then Lader may, except as limited by r0gulatiors of
tlre Secretary in &e case of paynerrt defaults, require immediate $ayrnent io full of the principal balance remainiug due and
all accnied hterest. I*ndor may choose not to $rcrcise &is optioa yithout waiving its riglttS ia the svent of my subsequent
default. kr many cirqunsftnces regulations iszued by the Secretary wiu li&it Lender's rights to reguirc immediate palmeht io
full in the case of palment defaults. This Note does aot arthorize acceleratiou whon trot permiued by HUD regulations. As
used in this Note, "secretary''means the Seoretary ofHousiug and Urban Developraent or his or her desipee.

filI#Tri:il?trril1#lrtlif-*,

iu firfl, as described above, Leuder may require Borrower to iay costs and
expeuses includingreoionable and custonary attorney$' fees forenforcing this Note to the extentnot'prohtbited by applicable
law. Sucb fees and coss slmll bear interest Aom the date of disbursement at the smte rate as tbe prinoipal of tltis N6te.

1,

WAI\IERS

Bonower and any other person who bas obligations uoder this Note waivs &e rigbls of presentsuent and notice of
dishouor.'?resenmenf'meanithe riglrt to requiri i"oa". to demand paynent oramounG due. "ilotice of disbirnor" means
the rigbt to require Le.uder to give notice to othor porsotrs that amounts due havc not been paidl

8.

GTWNGOTNOTICES

Unless applicable law requires a diffsrent rnetho{ any aofise that must .bE given to Bonower under this Note rvill be
'
giVen by deliveriog it or by mailiug lt by first plass mail to Borrowsr at the property addresE above or at a different address if
glven
Borrowcr has
Lender a notice of Borrower's different adilreSs.
Aoy notice that must be given to Lender uder this Note will be given by fust class mail to Lender at tbe ad&ess stated
in Paragraplr 4(B) or at a different addres if Borrower is given a notice of that different address.

g,

OBLIGATIONS OF PERSONS T'NDER TIIIS NOTE

person signs this Notg each persotr is fully and perponally obligated to keep all of the promises mgqe
h this Note, includingtfie pror*se to pay ttre firll amouot owed, Any person who is3 gua$ntor, surety or bndorser of this
Note is also obligated to alo these things. fury perEon who takes over tbeso obligatiogs, iucluding tlre obligations of a

If more thaq oue

guaraffor, surety dr endorser of this Note, is also obligated to keep all of the promises made in this Note. Irnder may eoforee
its rigtts under ttis Note ageinst each person inttividually or against all sigUatories togetlrer. Any one persou signing this
Notd rnay be required to pay all of the amounB owed under this Note.

ELORIDA THA FI'(ED IIATE NOTE

GroalDocsil
ITSM

0r,lul

(1810)

(Poge 2

of| paga)

Io

Ordsr Calt

l{ot

-080-5775

10.

DOCT'IWENTARYTAX

The state documentary tax due on this Note has been paid ou the mortgage securing this indebtedbess.

BY SIGNING

BELOI

Bonower accepts and agrees to the teuus and covenants contained'iu pages

.--(Seal)

*(Seal)
-Bwower

-Borrover

-'''-

'-

(Seal)

Br

.Borrowcr
-(Seal)

-Borrower

pa! t0 the ordar 0l

Wlthoqt re00urs8'

tluough 3 of 0ris

tSrl

ortsinat OntyJ

Taylor, Bean & WhltaBel

iloil0ageE9rp'^

Erl:-frr

s$,8.t'E

rLonIDA rEA rD(ED nATE.NOTp

GcsiDocaB
ITEM 077113 (e6r0)

(Page3of3pgu)

To Ord6r Cel[ 100-s68.5775

Lvh; b,r

CARRINGTOI{
MOI{TGA(;I'l

Sn RV

Ia r]S

September 4,2A15

Sent Via the CFPB Portal +Trd U.S, Mail:

Abdiel Echeverria
Isabel Santamaria
499 Cellini Avenue NE
Painr Bay, FL 32907
RE:

Case No.:

I 50701-001 676

Loan No.:
Property Address:

6000002968
499 Cellini Avenue NE
Palm Bay, FL 32907

Dear Mr. Echeveria and Ms. Santamaria,

The Customer Advocate Department of Carrington Mortgage Services, LLC ("CMS") is in

receipt of a complaint filed with the Consumer Financial Protection Bureau ("CFPB") received
in our office via the CFPB Portal on July 8, 2015. CMS is committed to responsible lending and
servicing, and we would like to address any cencerns you may have. The following is our
response to the issue(s) raised in the inquiry.

As we understand your complaint, you make various allegations of fraud, forgeries, and money
embezzlement that you claim have affected the loan since it originated with Taylor, Bean &
Whitaker Mortgage Corporation ("TBW") which you assert continued with Bank of America
("BOA") and CMS thereafter. You also contend CMS has not provided you the opportunity to
visually inspect the Note, has not complied with your debt validation requests and Qualified
Written Requests ("QWR"), has not agreed to change the credit reporting for the loan, and has
indicated the loan was referred for foreclosure but that a sale date has not been set.

At the outset,

of our records found that this Federal I{ousing Administration ("FHA")

insured loan originated on or about February 29,2008 in the amount of $144,079.00. Attached
a review

for your ease of reference is a copy of your Note and Mortgage both dated February 29, 2008. As
you are aware, the servicing of your loan transferred to CMS on or about August 1,2014,
Attached for your ease of reference is the August 12,2014 Notice of Servicing Transfer ("Hello
Letter") advising you of the transfer to CMS. At the time of the service transfer, the loan was
delinquent and contractually due for the Jgngl,A.lQ.payment.
First, in regards to your contentions that you have been advised a foreclosure action is being
initiated, the Mortgage you executed provides for this remedy under certain circumstances.
Pursuant to the terms of your Note and Morlgage both dated February 29,20A8, you entered into
a promise to pay the principal sum of $144,079.00, with payment due on the first day of each
month beginning April 1,2008. The Mortgage provides that if you default by failing to pay in
full any monthly payment, the iender may require immediate payment in full of the principal
balance remaining due and all accrued interest. In the event that you default by failing to pay in

W 1d1'

1"1-t''

eim' cAe2803

p 866.874.5017 f 949.86L.9015

CARRINGTOlT
li
*! o RT(;A(I

sriRvl (tns

fuII any monthly payment or default by failing, for a period of thirty days, to perform any
obligations contained within the Mortgage, the lender is entitled to accelerate the debt.
Second, we understand that you have raised certain concems regarding the servicing practices

of

BOA. Please note that CMS is unable to comment on the claims made against BOA, and we
encourage you to contact BOA directly for any questions or concerns relating to the servicing of
the loan prior to August 1, 2014.

Third, you claim that CMS has not complied with your request to validate the debt. CMS
reviewed its records and was unable to find evidence to support this assertion. On November 3,
2014, CMS received a Notice of Validation of Alleged Debt from you. The notice requested that
CMS provide validation to the debt as well as several documents in support of the debt. On
November 13, 2014, CMS responded and included copies of the Uniform Residential Loan
Application, Mortgage, Note with all Riders, and a copy of your payment history.l
Fourth, CMS next received a correspondence from you dated November 24, 2014, which
requested that CMS treat the correspondence as a QyR. CMS substantively responded to the
letter with correspondence dated January 14, 2015.2 Please note that a QWR-request must
provide a specific error in relation to the servicing of the loan and is not a mechanism for
unfettered discovery. Notwithstanding the above, CMS attempted assist you by providing copies
of the Hello Letter, Loan Application, Note, Mortgage, Assignment of Mortgage, Settlement
Statement, your payment history, a breakdown of the current debt owed and provided you
information regarding the current investor/trustee/note holder/owner of record.
Then, on March 25,2015, CMS received a request for the validation of the debt from you dated
March 23,2015. The letter requested that CMS provide the complete legal name and address of
the original creditor, complete legal name and address of the debt collector, and copies of various
documents which were requested for the purpose of validating the debt. In response, CMS sent
you correspondence dated April 3, 2A1,5.3 The letter provided the total amount owed, the
originating lender's name, the current investor/note holder of the loan, information about the
foreclosure action, a summary of the uncollected fees due on the loan, and copies of the
Mortgage, Note, Loan Application, Assignment of Mortgage, U.S. Department of Housing and
Urban Development ("HUD") Settlement Statement, Title Commitment, esuow breakdown, and
a copy of your payment history. The letter concluded by advising you that CMS would
investigate the matter further if you were to provide a specific question, complaint or request
reiating to the servicing of the loan.

Fifth, with regards to your request to visually inspect the "wet-ink" Note and Mortgage, it is
important to note that pursuant to Florida Rules of Civil Procedure (Fla. R. Civ. P. 1.3.350), a
borrower is entitled to inspect the original Note and Mortgage and is entitled to receive copies of
I In order to avoid providing multiple copies of the same documents, we are including a copy of the substantive
correspondence dated November 13,2014 rvithout all of the enclosures previously sent.
2
In order to avoid providing multiple copies of the same documents, we are including a copy of the substantive
correspondence dated January 14,2015 without all ofthe enclosures previously sent.
' In order to avoid providing multiple copies of the same documents, we are inciuding a copy of the substantive
correspondence dated April 3,2015 without all ofthe enclosures previously sent.

:".:-:: ^

cA e2803

:eim,

p 866.874.5A17

f 949.86!.9015

CABRINGTON

T{OR'I (;AGE SI1RYICIS

the same. However, any expenses incurred in doing so shall be paid by the requesting party'
CMS will accommodate your request to visually inspect the "wet-ink" origination documents
made in the CFPB complaint filed on July 8, 2015. CMS has begun the process of providing the
collateral file, which contains the original loan documents such as the original Note and
Mortgage, to a CMS attorney in Florida. The attomey's office will contact you shortly to
arange a visual inspection meeting.
Sixth, we respectfully disagree with your asserlion that CMS has not accurately reported your
credit history to the Credit Reporting Agencies ("CRA";. Except for any time periods where a
credit dispute was active or during the 60 day post-transfer due diligence phase, CMS has been
reporting the loan as over 180 days delinquent because the loan is due for the June 1,2010
payment. CMS is unable to report different information to the CRA's unless the loan status or
contractual payment due date were to change.

Finally, with regards to your unsupported assertions that the loan origination process was
"riddled with fraud and contains forgeries" and 'omoney was embezzled from our escrow and
payment account" we have fbund nothing in the origination or servicing records to support these
claims. Consequently, without further clarification from you, CMS cannot discern what exact
issue or issues you might be attempting to raise concerning the subjebt loan.
Based on the foregoing, CMS asserts that it has attempted to assist you with all of your various
rcquests and has diligently and substantively responded to all of your prior letters. You will be
contacted shortly by CMS's counsel to set up a meeting in order to accommodate your request to
visually inspect the original "wet-ink" Note. We trust that this communication addresses all of

your concerns noted in the complaint. Carington Mortgage Services, LLC is committed to
customer satisfaction and we look forward to resolving any concerns you may have. We can be
reached at (866) 874-5017 Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time.
Sincerelv.

"'N-'

usman Kana
Customer Advocate

Enclosurqs:
Note and Mortgage both dated February 29,2A08
August l2,2014Notice of Servicing Transfer ("Hello Letter")
Correspondence dated November B, 24ru
Correspondence dated January 14, 2015
Correspondence dated

April 3, 2015

IMPORTANT DISCLOSURES
-INQUIRIES & COMPLAINTSFor inquiries and complaints about your mortgage loan, please contact our CUSTOMER
SERVICE DEPARTMUNf Uy writing to Carrington Mortgage Services, LLC, Attention:

P.O. Box 3489, Anaheim, CA 92803

865.874,5017 f 949.861.9015

LYh; b;

crN 2015174318, oR BK 7443 Page x.683, Reeorded og/oz/zo].s at 0t:07 EM, scott
E11is, C1erk of Courts, Breuard County

Preprrcd by; MARINOSCI LAW GROUP, P. C

Rcord

&

Retum to

Marinosci Law Group, P.A.

100 West Cypress Creeh Ste.1045

Vt
'lz'

Fort Larderdale, FL 33309'"''"*'

Telephone: (954) 644-E704
Facsimile: (954) 772-9601

Assignment of Mortgage
XNOWALL MEN 8Y TIIESE PRESENTS:
THAT BAC HOME LOANS SERVICING, LP FKA COLhITRYWIDE HOIUE LOANS SERVICING, LP
residing or located: 7105 CORPORATE DRfVE, PLANO, TX 75024 herein designated as the assigror; for and,in
consideration of the sum of $ 1.00 Dollar and other good and valuble consideration, the receipt of *hich is hereby
acknowledged. does hereby gnnr, bargain, sell, assign. transfer and set ovfi unto CARRINGTON MORIIGAGE. SBRVICES' LLC residing or located at t6l0 E ST ANDREW PL B-I50, SANTA ANA, CA 92?05 herein
designared as the assignee, the mortgage dalf,d 2ngn008\ executed by ABDIEL ECHEyf,RRIA AND ISABEL
SANTAMARIA' I{USBAND AND WIFE recorded 3/6/100S in BREVARD Couaty, Ftorida in OfEciai Records
Book 584E, Pag{s) 6518 eucumbering the property more panicularly descnlbed as follows:

LOT

T,

BLOCK

196, PORT

MALABAR UNIT SEVEN, AS PER PLAT THEREOF, RECORDED IN

PLAT BOOK 14, PAGES 125 THROUGH 135, TNCLUSIVE, OF T}rE PUBLIC RECORDS OF
BREVARD COIJNTY, FLORIDA.
PROPERTY ADDRESS:499 CELLINI AyE NE, PALM BAY,FL32907
'

Ia lflnes

WhercoJ 6e said Assignor has hereunto st his hmd md seal or caused those preseoB to be siped by
itsPtopercorporateofficrsanditsc-orporate seattobeheretoaffixedthis 5l!
aayof Ayat.(t
ZO1S.

CARRINGTON MORTGAGE SERVICES, LLC

Signed in the presence of:

AS SERVICER AND AfiORNEY.IN.FACT

FOR BAhtK OF AMERTCA, N.A. S/B/IVUT BAC

HOME LOAr-{q SERVICING,

},P

rI<A

COUNTRYWItrW IIOME I,,oANS SERWCING,

LP
ATTE
PRINTN.AME:

Chrie Lechtanski

,111g, AVP of Default

Print

Narne:

Y3r

c*rlr

av t u

STATE OF

COUNTYOF
PERSONALLY

BEFORE ME, the undersigred authority in and for the aforeiaid couoty
2015, within my jurisdictio4 the'withinl named
and
to me that (s)h ig
, who ackn
that for and on behalf of CARRINGTON
SERVICES, LLC AS SERVTCER AND ATTORNEYIN.TACT FOR BANK OF A]$ERICA,
s/B/rlt/T BAc rIoME LOANS STRVICTNG, LP FKA.
COUNTRYWIDE HOME LOANS
LP and as ib aot ald deed (s)he executed the above and
forcgoing instrument, after fust having been duly
by C^ARRINGTON MORTGAGE SERVICES, LLC
AS SERVICER AND ATTOR}TEY.IN.F'ACT
oF AMERICA, N.A. S/B/lt{/T BAC HOME
LOANS SERVICINC, LP FKA COIJNTR,YWIDE
LOAN$ SERYICING, LP to do so:
and state, on this the

WITMSS my hand

day

and offrcial seal in the County

last aforesaid this

,ARYPUBLIC

13-14941

day

of_

2015.

oR

BK 7443 Pc

1584

A notary public.or ci'iher officer completing this

certificate verifies only the ideniity ol the individuat

who signed the document, to whlch this certificate is
attached, and not the truthfulnest accuracy, ot
vatidity of that document

CALIFORMA ALL _ PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT

Skte of Califomia
County of Orange
On 08/05/2015, before me, W. Solano, Notary Public, personally appeared, Chris Lechtanski , who proved to me
on the basis of satisfactory evidence to be the personS)=whose
and acknowledged to me that

hiV*er*e*t

name$ is#subscribed to the within instrument

hdeed@+xecuted the same in hisJhe*h+i+authorized capaciry@, and that by

signatures) on the instrument the person@, or the entify upon behalf of which the person$acted,

execuled the instrument.

I certi$ under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is

ffi

true and correct.

WITNESS my hand and official seal.

sigrrature

\}{,td\-*

,r.",,

ADDITIO}iAL OPIIONAL INFORMATIOI(

DESCRIPTION OF THE ATTAC1IED D(}CUMENT

(Title

u &uipio:r

Nuarber of Pages

*-

of irrchcd docrxrot cootiaucd)

Docr$n*flt DatG.

{Additioul idormrtim}

IN$TR.UCTIONS TOB COMPLETT}TS T}TI$ FOR}{

.rx; ccbrowl*dgrae*t conpi*ed n C+r$omw nntr ealtg,ln i'rrlicg5,iltt61t? {J
appars efuv tn the doan:, s*tfon ,r a $prraa *bawlqdgfientfu.rrr* nrrsr fu
ortly eu,cq$ot ls { d
W*rfy
'il.^r.wtmt coaplad @d attrdlrd to ,hst docrnril$rt. Xhe

ts a b* rd{.lPdd a$sl& a! C*ttfor/jtu" h srch rrrr*rrrs; aqr alidr*atts.

s.fuioirfu8nr.n, nr}foga cl may be yard on *ch a docma*ra'Ioa3'cs t**
rwbta*r dog notr*{.trtrn thcndw} to do w*dtwg t*u ts $hgelfol e wl+{l, m
Caltf'{xra lt.e. *@ng the t*horad cqport+ d r&* rr$?1.r1..?{ast ehcch thc
doari**t <a@l$'for profarwnr+dwtadW axd awch *tr/ffit frtqfrrrsd

.
'
.
r

CAFACITY CL :MED SY THE SI(}}{E:R

tr Individual (s)
! Corporate Offtcer

C
u
E
C

frid.)
Partrs{s}
Attorrsy-in-F*cf

r
r
.

sr:,t md CoMJr infaffirri{a ea{ b* &. Sg* sdc.o{in y whst 6c t octinal*

rigncriglrr:rsoc$y ryptrcd bc&rc.6tsoklprrblh fu actao/wLdEnpt
Dr& of etuizalimmt tc &t &* th tlc sien{s} !ct*@{} rycond *rhicb

&t *tr* da*tbe actml+lrdg*ut i* complaail.

Ttn sirry pnilic orst priol hia E hat Er$c ri it epFcari uifrin iir or bcr
cmmitsoa follonrud b}' I sorau cd tltn yolr ditt (Iotery pr$lic).
Prirr drs amr{r} of ibeuoxx rfunerdt) wlo pcrtooalty'appca *r &c ttrc of
mtrra*lroc
Indicee *tt co{taet singtrlar gr pltcrl fonus }y croebitg off ixorrrr fonue (i.c.
&:/&cfrhr+ris fu* ) s circlitg lt* <arcct &fin3-l.r*i&rc b corttc.tly iodi*rc 6ls
bfclration myl*ad to rclrtioo ofdocrlrnatt ft{xdiag;
Tbc mnty *cat irrare*ioo rmr* bc clcar aae *uognshicdly &fcduc$&.
Irrprtr*iao oc.i aor o,rtr t tt or IiaGs. tf te*, iryrtsrioo qmilSas. rc.ecal if a
aru*r slrobc

srfrcit* ra$rui&

othtf,Rilc eooryIe*
Silrr*ura of lhc uotery gu&tic rns* ffit*

atifrr+**cbtowlt'6lW forar
rilr.tnss m trlc titfi ilc o$ct of

t*

&+msrycler|.

Tnrst*qs)

*
+

oths
r

it la rtquired tq* coqld $c$ e m'ur 6is

xhcrvltdgtrrcdt; notmis*d orrtilr.M to r di:&rt*t &lcttt*'ct'
Idicae iith or.6'pc of atu$:ddoctuaf.&Itlber of fi8atl.,a &it".
I{dicae *r ffsa*ity claiscit by $c $icBt . If &r thirucd cpacity is a
c.ort}g,at ofic*r. isdic* &e rirle &.c. CEO, tfo. Sccrcory),
Additioorl idors*tiou

Sacixcly rgact tLis {oc.ruxnt lodic*igrcd

ectio.st

oR

BK 7443 PG

1685

LIN{ITED FOWER OF ATTORNEY

KNOW ALL PERSONS BY IHE$E PRESEI{IT:
THAT" BANK oF A,IlrERI.eA

N.A.-(94551r

a nuiotral banldrg associalion, by those prescnts'does.

CiffionirA

h.arely.r.nako, sosstiarre,and

Ssrri*r,,tic
lo,uly6G.

appoi*
ii:a+,i,,n t6"a*,liuriqd.l
lkbility oompay.; BrdNhi$,,Erie a$. IavtfirlstFrnoy.'ln]fscr.,qo.d
wtqrt *C pqry.r,o,
tqkc, thmugh b duly urthorizd offis* ttre *c&is (ss such rr[sr i6eO trercln) h i]ANA,, namq
is

sea.t, 'HiislihiiGd penror ot.a rc,y

i, $r* ir,"."rdcicrr
*3e
fU4
aTg
rGrs!e{, sileIr
sotety ror,
yr.e
fre transftr of srr.icing,
yi b ry Tl"t"r
q, uEraBi,tls&
r*i"inft"
to qifidre{
Smffi
d
{r
tqns kuch
"cirrt*in
"f
loans. =q
6SrPAryA
Elrrrln,rulnRorty.l.t$\-1ctE
formorly,sawicod=pursuant
pur8uaffi l(t
to IIlff
ttrst genam
conryt ftuirber:C4PC.
certain uonq8$
N.E.In60r:L-u
:::i". **,. uwg /r..urtrr

232E9\'loufl
effecdve as

.r.,{-}.

of Mrrch I, 200!, at E!ilmdld and srodified,,,uertrcen Covctrnront Nuior,at

Arsoeiati,sn and BAI*A. Eaeh,ofthe Lmns eompriscs

fvtorqlgo
trqt"iF.gr), notn ovlO"n"ingi* ri,slir:
to peymnt ,and pqfoffancc
"
by a: sqcqrity intcrrit or o*rr
tiea eA- re-ot p-m. psrf.y cv.jileu&i
o* or_morc mmtg&gps, decds of tnrst, d*edg to sccurs AcUt or o&cr formr of securify:inrt*rl*t"
9V

oes

(cach; a *Mortgngqi).

As usod rbove' the tsnn *Ac+ioirs' shall mcar and be limitcd to &e foltowing sctq in esch casc only
wi*r rcspcct to onc or andher,of the Loanr urd only ac msndatad or perrnitteU Uy fsdaflL sbtG or lqcal
laws,irr other, Ie&d requ,irtmcrt* or leetrictio*si

l.

Execute or filo assignmearts of Mortgagsq or of sry beneficial intercse in a Mutgage;

2.

Execute or fih reconv?ansEs, doeds of reconvEyurce or teleases

mortgigaor simitar instnm(:nts tlcating ttro lien ofa Mortgagq;

3.

Correct

sr otherwisc

remedy any errors

dsfibioncies .corrtsined

satisfrctions of

in an: lrarsfer or

reconvcyance documentg provided or prcpard by EANA or a priror trarsferor, irrcluding but

not limited to note indorsements;

4.

lndorse dl ehccks, drefrs andfs other negotiahlc irstruments rnadc papble

peymrrs by,borro*fs in coanectibn with the,[aons;

to BANA

as

5. Execnt+,

ihdiyidiial trht .pgiod ,plans ,and .rhodificdrio$ a$Eerr1sr$ arld any relatod
rweip of such inscnrction or dirwtion firom *uthoriad cmployaes of the
Homc Raerition Dfuision of tlrc residential mortgsge sendcing oFfirti#,of-BANA or any
of itsraffilidsd entiti* in connection with mortgagg:modificatioq.t includingbut not limitsd
to rrnrtgqge modificctims pursuart io drc Home Affordable Modifigtion !1ggrlrn
(*HAIvtPti and Homs Afbrdsbto Second Lin Modiflcatiom Proerun {?Mprl egkbli$cd
by *+ U"S. Dspfftmant sf tho Treasury and any and all proprietary mortgsge modifis*tiofl
pmBIB.ms of BANA or tho oly,rsr{s} of the Loffiq (ircludi4g for boe ${$ morlggges end;
horne eguity accouds), that arc in process * ttre time seivicing,of ttre rclated Loans is
transferrd fum BAITIA to Service4
documents upon

Ms
.etling

6. Execlie or frlc q$iehim

s, ody rnhp$,ryqrylry-,{!4:a$.f#qr@ psgjdt }firim{|$
deeds,.or o&et
deeds,.ar
.,in r.e}?e$trof
other deost'carrring tl$ trqtrsfr,of
haiisfr,df tttlc
tttte to f,p,nri-mf
Mrioer ,or $,,thirr{
prcpety: acqufuud. thlstt$ a fortqlorurs o,r d'c*doin-lfru of foreeimrrc {+}

isd

Ttr* t imited PowrofAnorney is htrudcdtoooterAedons, as$ryhpnn

tro.rejn,rakcphdic
cfAnicncq-I.l,A., assslnessr!y mqgcrto BAC,Hosre Loarrs@Lra
?ulk ofrAlrtedfi, N.A:rcr
tumcdy knwm as CornfitrrtuidoHomo l.utrb Scrvicing Lpr

hk

Lnrlrrn 'FowrR or

&--T,lQ&llErf To. c4*nnt&r.qErrtvlqBTqrcE gRylcE$

I.LC

-tP

oR

BK 7443 pG

1685

7. Fyrp

asd dotirer dscwrwnttrion

wiilr:rqpgt to rhc r*arteiiag+rd sle ofREO propcrty,

lriitogr.tieii$htu.Ugm ryr,il,otmi

includins

ir*et#;m'di;siiffii-ffi,

iftsFl$ong:tIUll,s#Ictinrin,s tsiinnd.,lrryCll*r,{g ip4t:0@q .*s.#:tlre.

""

tratrsfor of REO

Piopcrty.

8. Bid in tre nane of 'BA!.{A in an snumr up to sfid irrcluding *c jV&msnt gslounr it

c'onne$io,tl

witsrdicial &rsctoqrc

is trsrritrnrd,,firim.,BAl{it

q,

.atea

*t cie

at ftoltitric

sir*icforg,6#frr.mhr*:,l,mor

ic*jiirr&ptr!.hss:.f!ry#Hi,Ug,.6,p

ftlffi

9. Exccrnc or filc any.&emoqts.qpcgsssry qd-ryo.pgiile to subetfue rlrc,crcditor

brschsins FrS, ffibanklueq1,

pvfu*dt

; ftro;6'ura,tFdid;iffid i&ffii6,

#itle

or

tA;..-'

ia-rgpAr,,rtat orcrpt G ryooifiealtf sct.Sr&,:Ixreln,.mdiing,hcroln:iahall pnr rit,

cq continue,=or'odrirriss pryq$Si*i ,or. pri!illF. Ery. e$ej

in thc nsne of BAN,{ AU in&mCIinu **ue,rtoa iuouu-rt ti *rir Li*ituU
Pster of Arorney shall coaain thc words *'niErord rccource;tf and rurlEs ttre hw rsquims
o8hffi.ffi*ril.. 'all ,,otk[ ito@ucfits: of tanS,frrr curoeutcd po*r,aut 'U fnir Hmitd Psir,tr of
AthnIc], slrall tiE$F fqlf$fiut $ArqFi
tilhl.ts FL4s:!4-$sur
=r.ist&irirri
r-:qFgqn$p, tr.lgainr{:[erx*i.',rwtp,:d'zf,{t*y ta.ulnw,mae*
*ttc* *,,. l zl'*. tr;of
America, N.4., snd wiitrour,,tqpaeseirrion'or r*rrr*ty, *p."r* or implie4 W Vnni di
af ettity in:whose ntithe he a- ' b,r&enloi Brytk of America, N*{..
Sorvics to.,ooihrtre,

Pgocsdiags

lYith mgpEgtto'thc Aotiors;BANA girerb ssiilaeaier.in-fdcrnrrr,povryquisgqty ts qEcgttr-,g$.

instrumcnr and o do and p@rm ell and evcry ag gd &ing rFC,tirite,.qeqir .ana
froper,to cnnr:*
cffect thc Flcr m pswcrs gran,tcd by or uudcr *rio i.imima-po.icr"+Ae#+
zur!, tiiatl intcr*r s,o,
does latiry and:;cohlam di ilrd saiil.a rey.
Pu?*r$qs, ss th undbrsigned migtu c could
in-fact shll lawfutly do or c*urp to bo dmo by esthorill, hseof;

do,lnd

l*odrirg:c

iuoei" shall t+consrued to Bile-lir.,h&qthip9rry.p,S),$dtiets.,o+&S4d;rm}-srr.ir

litigltiotl or prodesding in,dre qqne of BA,Ne-or te consurcd m Ercatp- a dirty of geNA to init*rte:or
dg!;rd,eivtsuiU kigatiott, or pocry{ing in drq pre of Serrrlw, (ii) incrr cag!6"b c$y t*Oility t
$li8*tioo in tro'namd of,or on fcndf on.gAN or (fii} txmrre any'documoriar mae.anry,lcir*ii<x
t*hal8ot,m in the i8me;,Flgopinr s1@do.g:Bt$* ,axeqpt''{,'ipJ-iOpdl"win.,

[*etruriteda*:af.ry:,tl4{1$o :W,ltlq_*J'

LffinED Fo$rEr,ior ATf.0*l6yti*RnN!{Of{Ilr.McRTs*6c Sctyr@,i.,{,}..

OR

BK 7443 PG

L687

ry.ryIIESS

WHEREOF, Burk of Americq N.A.

Attonncy &is 3ts day of July,2014.

has executed Eris

Umired pows

of

BAIITKOTC

By:
Namel,

Tide:

Wr1&Ssu:

Ngms::

Title;

W'i&ess:
NatrBi:,,:

itle:

STATEOFTEXAS

:.s.

COLLIN.COU}rrY
On

60 3i1 dt} ofJuly,infu'}mr2G'l*,,bcfocrp me,rilto

perco*rllly linom to

rc

un*rsi84

or provgd to mc @ rbc brsis,of

apmr* ,trpo lyfldto\ry.

stis6nmry;iU**t U"*ra.iffi

nate.is'suhsoribe*! to'thb wi{iln irragincm ma ackno*ledpd tn nrc th"t

pcrsur,rpqr.bchalf ofwhfuh

theiihfifi$rtl,lq{" ereS@ fie

fostn*ncm.

qxpire* Junc,2,2QI7'

::LtMm&I,sowsRffATlasls

rq

hmrcaossEBr4cEs,IJ.c

{r"

furd11lieratto,l,n*oedl46

Filing # 31976964 E-Filed A9/fi12015 04:19:07 PM

IN THE CIRCUIT COURT OF THE

E,IGHTEENTH ]UDICIAL CIRCUIT, IN AND
FOR BREVARD COLTNTY FLORIDA
GENERAL J URISDICTION DIVISION
CASE NO.

o5-20-r[.X.g0_

CARRINGTON MORTGAGE SERVICES, LLC;

Plaintiff,
vs.

::::j

:ci

J.=.Ip1S:--_ xxxx _ x^

s cA_0421 ss-xx)cx-xx

!? paoc ll#
uocument
Page

ABDIEL ECHEVERRI"A A/K/A ABDIEL ECHEVARRI.A

BERNAL; ISABEL SANTAMARIA; ETAL.
Defendant(s)

.z.aaSgil5.9i
lffilUlflUltrflifttlltlrnrm

SUMMONS

PERSoNALSER\ITCEoNAT{ATURALpERSoN

TO:

ABDIELECHEVERRIAAA(/AABDIEI,ECHEVARRIABERNAL I
499

e l,',

"{
V'rQ
r--

cELLINII.{vENE
32907

S,'&f ^

\*rr'
I

ef

PALM BAY FL

IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file

a wrinen re-sponse to the attached complaint with the clerk of this court. A phone call will not protect you'
Your written response, including the case number given above and the names of the parties, must be liled it'
ygur side of the case. lf you do not file your response on fime,. you,rnay lose the
_v-ou want the court to hear
iase, and your wages, money, and propeay may thereafter be taken without further warning ftom the court.
There are other legal requirenrents.
You rnay want to call an attorney right away. lf you do not know an attorney, you may call an

attorney referral service or a legal aid office (listed in the phone book)'
response yourself, at the same time you fiIe y9u1-11i_tten response to the
you nrust also mail or take i copy of your written response to the "Plaintift/Plaintifif s Attorney"

If yon choose to file a written

"ourt below.
oamed

I1VIPORTANT
Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del rscibo de esta notificacion, para
contestar la dcnranda a junta, por escrito, y prsentarla ante oste tribunal. Una llamada telefonica no lo
p.rotegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito,
inclulendo el numero del caso y los nombres de las partes interesadas. Si usted no contesta [a demanda a
tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privadode sus
derechoi, sin previo aviso del tiibunal. Existen otros requisitos legales. Si lo desea, pue_de usted consultar
a un abogado inrnediatamente, Si no cofloce a un abogado, puede llamar_a una de las ofieinas de
asistencii legal que aparecen en la guia telefonica. Si desea respondor a la demanda por su cuenta, al
qr" presenta su rsspuesta ante el tribunal, debera usted enviar por cotre.o o entregar una
mismo tiemfo
"n
u i" p"r5ono denominada abajo como "Plaintiff/?laintiffs Attorney" (Demandante o
copia de ,u i"rpr"it,

Abogado del Dernandante).

lvlCS File: 13-14941. Loan: XXXXXX2968, Property: a99 CELLINI AVE NE, PALM BAY'
32901, Brevard

J 499 CELLIN

9 af20

fL

IMPORTANT
Des poursuites.iudiciates ont te entreprises contre vous. Vous avez 20jours consecutifs a partir de la date
de I'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointc aupres de ce
tribunal. Un sintple coup de telephone est insuffisant pour vous proteger. Vous etes obliges de deposer
votre reponse ecrite, avec mention du nurnero de dossier cidessus et du nom dcs parties nommees ici, si
votts souhaitezquele tribunal entende vofre cause. Si vous ne deposez pas votrc repolrse ecrite dans le
relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre
saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d'autres obligationsjuridiques et vous
pouvez requerir les services irnmediats d'un avocat. Si vous tre connaissez pas d'avocat, vous pourriez
telephoner a un service de refercnce d'avocats ou a un bureau d'assistancejuridique (figurant a l'annuaire
de telephones), Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en
rnerne remps que cette formalite, faire parvenir ou expediter une copie de v-otre reponse ecrite au
"Plaintiff/Plaintiffs Aftorney" (Plaignant ou a son avocat) nomme ci-dessous.

It'you clroose to file a written rosponse yourself, at the same tirne you file your written response to the
Coult. located at:
BREVARD COUNTY COURTHOUSE
Clcrk oflCourts
700 South Park Avenue
1.'L 32780-02 I 9
32t -637 -5413

'l'itusville,

you must also mail or take a carbon copy of photocopy of your written resporlse lo the
"Plaintiff/Plai ntiff s Attorney narned below:
P

lainti ff/P I aintiff s Attomey

MARINOSCI LAW CROUP, P.C.

100 West Cypress Creek Road, Suite 1045
Ft. I.auderdale, F L fi3A9 / (954) 644'8704
Scrvrec_ru(It:tl,*dsth u t I a w c o nt
I

,lgr\,tsqLt3(ljulg-deflnnll-aw. csin

MCS Filc: I3-14941. Loan:XXXXXX2968, Property:499 CELLINIAVE NE, PALM BAY,I"L

32907.

J 499 CELLIN

Rrevard

10

of20

'I"HE S]ATE OT'FLORIDA

T0 l'lAcll SIJERIFF OF THE STATE: You are commanded to serve this summons anrl a copy of the
Cornplaint in this larvsuit on the above-named Defendan(s).
DNI-EI) ON

krnber tb. &oi5

CLERK OFTHE CIRCUIT COURT
SCOTT ELLIS
As Clerk of the Court by:

If you are a person with a disability who needs any accommodation in order to
participate in this proceedingr you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator at Court
Administration,2325 Judge Fran Jamieson Way,3rd floor, Viera, Florida,
32940-8006,(321) 633-2171 ext.2 at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than 7 days; if you are hearing or voice
impaired, call 711.
Informailot obout the Debtor-s rights under the Folr Debt Collectlon Prucfices Acl
packoge,

Il

contains inportant

ls canrained lotet

la thls

lnlormation Plexe rcad ll,

MCS File: 13-14941. Loan: XXXXXX2968, Property: 499 CELLINI AVE NE, PALM BAY, FL
I I of 20
32907, Brevatd

499 CELLTN

Court Case Number 05-201 5-CA-0421 59

IN 111E CIRCUIT COT'RT OF THE EICI{TEI]NTI{
JUDICIAL CIRCTJIT,
IN ANI} FOR BRHVARD COU(TY TLORIDA
OENHR;\ I. J1,,R ISDICTION IJIVISION
CASE NO.

CARRINCTON IvIORTGA(}E SERVICES. LLC;

PIaintifl,
vs,

A AIWA ABDIEI- ECHI]VARRIA BERNALI

ISABEI- SANTAMARIA; ANY AND ALL LTNKI.{OV/N PAI{TIIS
CLAIMING BY, THROUGH, T'NDER AND AGAINST T}IE
HEREIN NAMED INDIVIDUAI. DEFENDANT(S) Iil/HO ARE NOT
KNOWN'ICI BE DEAD OR AL,IVE. WHE'THER SATD UNKNOWN
PARTIES MAY CL,,\IM AN INTEREST AS SPOUSES, f{EiItS,
DEVISEES, CRANTEES, OR OTHER CI,AIMANTS; UNKNOWN
TENANT #l tN POSSESSION OF THE PROPERTY; UhIKNOWN
AIIDTEL T|CIIEVERRI

T'ENAN? ii2 IN POSSESSION OF THE PROPER'I'Y;

Defendants

/
NOTIC{ OF L rS PEIUDENq

l. l0: Tlre above lanied detbndants and ALL OTHERS WHOM

l'f MAY CONCERN;

2.

YOU ARE NOTIFIED of the institntion of this action against you by the Plaintitf, seeking to foreclose the
Note and Mortgage encurnbering the described propeffy and the decreeing of a sale of the property under the
direction of the Court in default of the peynrent of the amount firund to be due Plaintiffundet the Note and
Mortgage, and for other further and general relief set forth in the Complairtt.

3.

The property iuvolved is that certain parcel, lot or unit situate, lying in Srevard County, Flolida, as set lorth in
the mortgage recorded in Ofllcial Records Book 5848 at Page 6518, more particularly describecl as tbllows:

LO? I, BLOCK ]96. PORT MALABAR LNIT SEVEN, AS PER PLATTTMREO}-, RECORDED
IN PLAT BOOK 14, PAGES I25 THROUCI{ I35, I-NCLUSIVE, OF THE PUBLIC RECORDS OF
BREVARD COLNTY, FLORIDA.

L]/p
l/I)_

Dared:_

,/x*tir,

&*

_.2015

f-flI{

: 1CY'e,\ Y

Attdrneys fol Pfaintiff

Marinosci l,arv Gruup, P.C.
100 West Cypress Creek Road, Suite 1045
Fort l,auderdale, FI- 33309
Phone: (954)-644-8704; Fax (954) 772-9641
ServiceFLriilm le-de,au ltlaw. com

$gr!leg&?@!11$-ds ralt lt law'cam

MCS File: l3-l4g4l. Loan: XXXXXX2968, Property:499 CELLINIAVE NE, PALM BAY FL
5 of 20
32907, Brevard

Court Case Number 05-201 S-CA-0421 Sg

IN T}IE CIRCUIT COURT OF TIIE EICI.ITTENTH

JUDICIAL CIRCUIl:
IN AND FOR BREVARD COUNT}', FLOR{DA

CENERAL JLRISDICTION DIYISION

CASENO.:
CARRINC'TON MORTCACE SERVICES, LLCI

Plaintitl
YS.

ABDIEL ECHEVERRIA AII#A ABDIEL ECI"IEVARRTA BERNAL;

ISABEL SANTAL4ARIA; ANY AND ALL LINKNO1VFI PARTIES
CLAIMJNG BY, THROUCH, I'NDER AND AOAINST TI{E
HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT
KNOWN TO BE DEAD OR.ALIVE, W}{ETHER SAItr UNKNOWN
PARNES MAY CLAIM AN TNTEREST AS SPOUSES, HEIRS.
DEVISEES, GRANTEES, OR OTFIER CLATMANTS; UNKNG\IN
TENANT #l ur* POSSESSION OF THE PROPERTY UNKNO\IN
TENANT#2 IN POSSESSION OP TTIE PITOPERTY;
Dcfendants,

Yn

r[.rE"l] coM PLA I H'r

Plaintiff. CARRNCTON MORTGAGE SERVICES, LLC sues the Defendant(s) nrentioned in the nbove
styled case and alleges:

cguNTr
roR4cl,psuRE or MpRlcAqE

l.
2.
3.

fhis is an action to foreclose a Mortgage on real property in Brevard County, Florida.

This Colrt has jurisdiefion over the subjec.t rnaltcr hcrein,

On Februnry 29, 2818, ABDIEL ECHEVERRIA ArrcA ABDIEL ECHEVARRIA BfiRNAL, lSABEt"
SANTAN'IARIA. executed and delivered a Pnrmissory Note; ABDIEL ECHEVERRIA

A{?A ABDIEI-

ECHEVARRIA BERNAL, ISABEL SANTAMARIA, executed and delivered a Mortgage securing the
payrneflt of the lroote to the Payee named thereon.

4.

The Mortgage was recorded on Msreh 6,2008 in Ofticial records Book 5848 at Page 6518, of the Publio
Records of BREVARD County, Florida, and morlgaged the property described therein, then oryned by ancl in
possession of said mortgagor(s).

5.

In accordance with the Certilication attached, Plaintiff is the holder of the original note secured by

the

moftgage. A copy of the subject loan docurnents aro attached herelo and incorporated herein as composite

Exhibit "A".

6.

ABDIEL ECHEVERRIA A,'KIA ABDIEL ECIIEVARR1A BERN;\L and lSABel.

SANTAMARIA. own(s) the proprty. Said interest is subject, subordinate, and inlerior to the lien of the

Defendanr(s),

Mortgage held by the Plaintiff.

7.

There is a default under the temrs of the Note and Mortgage fol lhe June I, 2010 Fayment and all payments
due thereafler.

MCSFile:l-!'1941.L{ranr XXXXXX2t66.Pr(.,rrrty:499CtlLLlNlAVENI:,

l'ALMllAY,f:L-ll9(}7.[Jtc'.*i!l $dl':U

L
9,

Plaintiffdeclares the full amount payahle under the Nots and Ivlongage to be due.
PIaintiff avers that all condidons precedent, to acc$leration oi' the subjee t loan aod foreclosurc of the subject
Mortgage, have been performed, havc occuned, or were waivcd. Fla. R. Civ. P. Li20(c). Dei'endant(s) have
been provided

with notice of dethult and acceleration, and right to reinstale, as required by the terrns ol the

hlote and Mortgage. A copy of the Notiee is attached hereto ns Exhibil

"8."

10. 'lhere is now due, owing, and unpaid to Plairrtift- herein O*e Hundred Thirty-Eight Thousand Eight l-lundred
Seventl-Two and 05/100 DOLLARS (5138,872,05) on principal of said Note and Mortgage, plus interest
from May l, 2010, and title search expenses tbr ascerlaining necessary pnrties to this suit, escrotv shortage,
aCvances, late fees, eosts, and attorneyls fees.

ll.

Plaintiffhas obligated itselfto pay the undersigned

aatorneys

reasonable fee for their serv'ices herein

pilrsunnt to Fla. Stat, $57.105 and subject moftgage.

12. Defendant(s), UNKNO\YN TENANT #t IN POSSESSION OF THE PROPERTY:

is

joincd because

lre/she

may claim some interest in the propetty described by virtue of being in actual possessioll of sanre or by virtue

of s tenancy at will, but this interest, if any, is subject and inferiar to the lien of Plaintiff's Mortgage. is not
that of a bona fide tsnant, as dcfined by law, or is othsrwise lerminable as provided by larv.

13. Defendant(s), UNKNOWN TENANT #2 IN POSSESSION OF THE PROPERTY,

is

joined because heishe

may clainr sonre interest in the properry described by virtue ofbeing in actual possession ofsane or by virtue

of a tenancy at will. but this interest, if any, is subjeet and inferiar to the lien of PlaintitTs lvlortgagc, is not
tlrat of a bona fide tenant, as defined by law, or is otlrerwise terminablc ts provided try law.

WIIEREFORE, Plaintiffprays; That afl accounting nroy be had and taken under the dilection of this Colrfi of
lvhat is due the Plaintifffor principal and interest on said nrortgage and note, and for the cost, charges and expenses.
including a8omey's fees and iitle sealch cost, and advancements which Plaintifl rnay be put to or incur in and aboul
this suit, and that the Defendant(s) found responsible for same be ordered to pay the Plainriffherein the anrount so
found to be due it; that in delautt of such paynrents, atl right, titlo, inirest, claim, demand, or equity

cf redemption of

the Defendants and all other persons claiming by, through, under or against said Defbndants since the filing of the Lis
Pendsns herein be absolutely baned and foreclosed and that said mocgaged property be sold under the direction

oithis

Court that out of the proceeds of said sale, the omounts due the Plaintiff may be paid so far as same rvill suffice: and
that a defi*iency judgment be entered if applicable and cnly in the event no Orderof Discharge of Personal L.iabiliry in
Bankruptcy has been entered as to atly of tha Defendants who signed the subject note nnd mori.gage and a writ

of

possession be issued. P1ainriff, through undersigned eou*sel, hereby gives notice that this action is intended to seek

only in rem relief against any debtor that has been discharged in bankruptcy or under circumstances in rvhich the
Plaintiffhas only in rem relief from stay during fln active bankruptcy.

MCS

file. t1-!4q4t. Lou: XXXXXX296Ia,

Propeny: 499CEl.l.lNtAVCNg. PALM BA!'. FL3?{j0?.

l}rcvtrd ?o120

TOALLDEITENDANTST PLEASE NOTE EFFf,CTlvD OC'I'OBER 13,2006,I5 U.S.C.$l692cOFTHE FAIR

DBBT COLLTCTION PRACTICES ACT IIAS BEEfi A*.tf,NDED AS Ff]LI-,OWS (in pertinent part];
{a)LEGAL PLEADINCS * Section 809 ol the fair Debt Collection Practices (15 U,S.C. I 692e) is
amended by edding at the end the following new subsectionl
"(d) tegal Pleadings-A comnrunicarion in the lbrm of a formal plcnding in a civll qcrior shall not be
trented as an initinl commurricaticn for purposes of $ub$ection (s)."
vERIFTCATION
Under penalty of perjury, I declare that I have read the foregcing Verified Complaint a$d that the tacts alleged therein
ofrny knowledge and belief.

are tr(te and oorrect to the best

CARRINGTON *IORTCAG E SERI/ICES, LLC

Anthonv DeRosa
yicg irgsidgnt

I'rirtrcrl rutrrtc

Title

u.***""
i.-

",

#{lt T**lr(
a:

i :,i.,:

.\tlot^ni.r-s ftrr Pl:rir*til l'

Marinosci Law Group, P.C,

100 West Cypress Creek Road, Suite 1045
Fort Lauderdale, FL 33309
Phone: (954)-644-$?04: Fax (954) 7?2-9601
scrvicefl (Dml u-defuulllaw.cottl
service il2riilm I e-de lhrdtlaw.rq$t

MCS File' l3-14941 t&rn: XXXXXX2968. Proporty: 499 CELLINI AVE

Nf,

PALM BAY, FL32997, Brevard 8 of 20

't : ,!. .

,l,{liJlii
I, the undersigned, hereby' ceilifi

Llarn

\:ii::.

r,l:r)"1{;:

iiI

"!'i n".ii.:'.,

es:

Mollv (larevt

'

.*

atlorney

Esc1. _.

*..-__1

of

*.

Marinasci Larv Group, P.C. ("Counsel"). Ccunsel has hr-:cn retained to repre.sent Carrington Mortgage
Services, LLC in legal proceedings to enttrrce a prromissory note secured hy a plr:perty located at;

499 CELi,INI AVE NE, PALM BAY, FL 32-t)07 ("Properry").

2.On

Aueust 17,2015

"

6:0I pm

.n,

I personally

rcviewed the collateral lile located at l(10 West Cypress Creek Road. Suite 1045, Fort l,auderdale, [rl"

l3l0C, thal was provided ta Marinosci Larv Crr:up, P.C., tbr purpo$ss of its lepresentation ol'Carringlon
fulortgage Selices. I-LC in conne{tion rvith enforcing the rroti: secured by'tlre Property. I confinned'that

ECttEVEI{RIA. ISABEL S,\NTAMi\RIA, evidcncirrgifte debt se*ulcrl

3. Con'eet copies of ihe note (and.

b.v

ilre Propertl.'.

if applieable, all endorsernents, traasfers. allonges. or

assigrrmenfs of the note) are aftached ta this certification.

4. t gjve this s:atement lrased on my persoral krrowledge.

5. Under penalties of perjury, I deciare ihat I have read the lblegoing Certificatioit o1'Note
Possession aud that the facts stated in il are irue.

n
n
n
n

tr

ivlCS Fric.

l.l.l4t+!-t

L,onil: XX>aXX.Y29i'8. l,ropen]; ,r99CEI-I,iNI AVi:

Cregg Dreilinger, Esq. FBN, 002561i

Bart T. Heffernan, Esq. FBN. 353949
Matihe.* Slorvik. *sq FBN.9255J
Radoyka Minay4 Esq. FBN. -<9346

Molly Carey, Esq. FBN.0100t84

l,li, PAl.\i ll,\i.,

li

l2(i0;, 6rcvrid

NOTF]
li

,i j

February 29,2000

[Dotc]

499 ce,ini Ave NE

Palm Bay, FL 32307
fpnrperty Arl*ess[

I.

PARTIES

"Ilcrrswer" tttciitts cach peno* sigrirrg el the errd ol this Note, uail d:e person's suflce!$ors aud assigu*. "Lenclef'

nrcrus Taylor, Bean & Whifaker Mortgage Corp.

tu*

2.

its sucscs$ors and assigas^

BORROIYER'S I,ROMISETO PAY; Ii{TIRES'I

In rcfurn for * loart reccil,cd lialn Leuder. Borrower prornises fo p*y ihc principd
Thousand $sYenty Nine and ilCI/l0S
(lJ.S. S144,0?s.G0

sum

of One Hundred Forty Four

flollars
'

), p!ils intcrest to ihe crclcr $t t,erdcc. Inltlrc$t

will

bc charged on uupairl

6.2S00;'/*i per year urtil llrc ful! anlorrnt of prircipal hru beenprid.

pcrcent {

}.

PROMISE TO PAY SECURED

Bonorvcr's promix to py is securrd by n trrortgtgc, deed o[ trusl or simitar security irutrumert ttut is tLrted lhe sanrc
date xs lhis Note and called tlre 'Sccurity lrutnrmcrL" Ttre Sexuity l*strumest Frotects the lxnder ftorn losses rvhic[ might
rcsult ifBonower defeults turdcr dris Nofe-

4.

MANNER GT PAYIVIENT
Time
Borroiver shall milke u fuyrrlult cf priucfural eud imtcresl tqr Len&r ou thc fir$t day of each nronth lrcglruing on
A6:ril 01, ?0S$
. .{ny principrl aad irtcr,"'st tcmrining m the lirst il;ly nf March E0&8

will

(A)

he duc on dtal date. rvhiclt is

(Ili Plr*

calleil tlrr: "I.laruliiy D;rtu."

lltyrrrent shall be rrradc nf Taylor, Bean & Whitaker Msrtgags Ccrp., 1417 Florth Magnolia Ave, Ouala, FL

3447$
or at surh cthc: placc l:s Leuder crav design.ri:;

ir wriliug

by norice

r'o

Bcrrou'er.

(f 1 r\nrount
liilclr *rerrttlrlv payrrlcirl irl'princ$:al ilrrl inler-e:;l rtill trc ilr thc auloilnt of U,S. $ 887.1?
'l-iris :rrnr:unI w.ill hr: parr of a larger n*rnihty paynlelrt rr.*1rrir*el hy the Seeurity ltetnunent, that shall bc npplied lo pritrciprrl,
intelelr and oihcr iterns in lhe ordtr described in tlie Sccurity.. lnstrurnertt.

}I,T}NIliA TItrA TLXED RA'TS NOTR

6ir96

dt

rtEi4 B?/111 {tStO)

ltr$iil $iiif

jt$tl$i$ii$IIiiilitiii$
ii$if

$l$llil$lll$lilf*i,, -,, , ,

trX FiINIT A

aa1

481

sttdooct *
f-iBo$&5775

20071012.fiOA00

,.
(D)

Allonge to tlris N$le far Paynrrut Ar{urtmurt*

. I1'sr lrltorrg* providi[g lor payurcrtt rcljustcrcnts ii execuied by Ronorver

lllor:gc slrall b* incorporntcd
irrto

this :--oi*. (Ch*ck appticablc box.!

togeth*r with &is l.latc, the colcniurts of thu

if thir Note :r, if thc allonge were ir plut *1,

atd sh;ttl arnend and srrpplerucrrl ill? covelirnts

fJ

Crowlng Equity Atlonge

[J

Oru"r fspecify]

l*l

Grtduutcd Paynre*t Al l*nge

5.

I}ORROIVf,R'S RIGIITTO PREPAY

Ho$ower h:rs the riglu to ptty the debt cvidenccrl by tltis Notc. in wlrole or ilr p6rt, withor* clrirrgc or puralty, on the lirsl
dity r:l'uny ntotlh. Lcfldsr shall aeccpt prepayrne,nl on other days provided lhlt Borrorvcr pfiy$ iulers$ ol thc aurouur prcpoirt
for tltc rcnraitrdcr oI'tlre morih tc thr e.xtcnt requircd by Leldcr nnd permittcd by rcgulations of thc Secrctary. If Borrourer
ntrkes a partial prep*3'tnsnt. ahcrc nill be nn chaagcs in the due date ar in thc amount of llre rnontbly ptynlert ualcss Lencler
;rgrecs in rvriting ts thos$ chrngcs,

6,

BORROIVER'S }:AILURETOPAY
t,atr Cbargc for Orexluc Payrnents
If Lcntler hits nut rcucived the lirll nronthly pa.vment requhcd by the lierr:urity lrrsrnlnrent, as described in Par*gr:rph {1C1
of this Notc. by the end af fifteeu talend;lr drlys aftcr thc piryureu{ is drre, l.e*dsr ruay collect r late charge irr the orrrorurr o[
$lflrtl
4,0
perceilt (
%') of the overdrrc anr*urt af eoch piryrncut
{B} Default
lIBanorvcr dqfaults by lailing to pay in lirll any nronthly payu:cnt" ilnn I.erulcr uroy, exccpa as lirnitcd by rcgulrrtiots cf
tlrc Secretary in the ca.sr of paynrent dafaulis, rcquire immcdiate paynr:rrl iri full of {he prirtcipll balrurcc riilxaitdlg rlue and
all flcc:rued inlerest. [.errdcr rnty clroose *ot to excrcise this option witJraut rvrivilrg its riglrts in thr cvent of uty suhseqrrenl

(A)

deflrult. ln nrauy circurusriuces regulttious irxued by ilte Secrctary witl tirnit Lcndcr's riglrts tc, rcquirc irurucrliate pa1'rnru{ io
full in the case of paymcnt detbulls. This Note does mt a*tharize accelerclio+r wlre$ rot permitted by I{UD regulatian* As
used iu this Natc, "secrctary" rneans ihe Seerstary of Housing and Urban Developrxnt or lris or lrr,r designcc.
(C) Ptynrent cf Cosfs and Expenses
If l.ender has rcquircd iuunediafe Flyrtr$rt in tirll, as described lbove. Lcneler may reqrrirt Borrcwcr to priy cosls rrrd
erpen$c$ irrchrdirrg reanrnsble rxrd custslmry ilrtsmcys' fees for enlbrcirtg this Nore {o the sx(*nl noi prnhibited by applicuhlc
hw, Surh li:es and costs shtll bear ir{crcst fmm the date of dislrursemenl a[ lhe sifile rate as the prineipl oltltis Nole
.

"t.

wAtvERs

Bonorvcr *nd nny other person who has obligotions under dris Notc rvaive lhe rights of presentrnent and notice sf
dishonor. "Presentmett" trieans the righ to require Lcnder to dcnrand payuleqt o[ iunounts due . 'Notice of dishcinor" nreans

fie righr to require Lerder

I.

to give noiice to:otlrer persous fhat afiou4ts due have not been paid.

GTVINC OTNOTICSS

givcn to Borrowff under dlis Notc will be

Lluless applicable larv rcquircs a diffcgrt nretEod, *ay notice dut musi
de iivering it or b,v mliling il by first class mall ts Eonower al *e prapcrty *ddress above or al a diffcrtut address
Bcrror,r,er has givmr Leniler a uolice of Borrerver's di{fcrcnt sddress.
Aay noiice lhar musr be g,ive* to Lendcr under ihis Note will be givcn bfr first class mail tcl Lcndcr at the eddre ss state.d
in Panigraph 4{B) or nt a different nddress iiBurmrver is givcn a nolice afthnt dilt}reni tddress.

il

giver by

9,

O3LIGATICINS OF PERSONS UNDER T$IS NOTE

urore tban onc person sigls tbis Note, cach person is fttlly *ud pusorully obligntcd to keeg all sf the prornir*s tnad*
iu tliis Notc, iucluding tlre prornisc to pay thc lirll amorurt owed. Any persoa rvho is I guarantor, surely or cndarser of fiis
Notc is also obilgated tr: do thesc thirrgs. Arry pcrson rvho tirkc.s ovet thesc cbligaticlrrs, iurluclittg the ohlig:ttions of a

Il

grfitntot, $rety ot'e;1dorser of&is Notq is also obligaicd to kecp ali of tlle prorniffes rrads in this Nots" L*:rdrv nuty enfor$e
iis riiltrls under thjs Note a6ai:isi each pcrsr:n irrdivitlually or lrg:ri*sl all signatories togedler. .{ny one person signing this
Nc,tc rnay be rerprired to pay all of the arnottnts olved ufller this Noie.

ITLORINA l.HA ilXT:O RAl'TjJ!{'TE

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BankalAmerica

8rreiir.:es

P.A. $ax
OoJtas.

Addresl

SorvJ Pa.r*.-r:qls ir::

;tDE CaGaftle ')ti,.3

llo:n* Loaas

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P.tJ 6at 85007i]

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75265-bO7O

Jurle 25, ?OlO

Sent Certified Mail:

?1L3 A-5? l,q?q fL],q q0to

Ahdiel Echeverria & lsabel Santemar,a

499 CELLINI AVE NE

FALM BAY.

R':trrrn Recuint Rr3(ruested

rL 32907-'!942

'

Account rvo.,

IF

Property Address:
499 Ceflinl Ave NE
Parrfl tsay. Fl_ 3?gO7-1942
CBse No.: 0945376646703

NOncE "oF..rNIEl'rr. Tp ACGELqRATE

Dar Abdiel Echevrrla & lsabel Santamaria:

BAC Homo Loans S6rL,lclng, LP {hereinafter "BAC Home Loans Servicingi, LP") services the home loan descrlbed above on behalf of
the holder of the promis$ory note (ths "Noteholder"). The loan is in serious cr{rr't because the raquirod payments hsve nc}t been
nlade- The total smount now required to reinstate the ioan as of the date of this notice is as follows:
o4rc1t201a
o4to1t2010
,jl:ll':ji:

Total Late Chrges:

tJncclllected Costs:
Parfial Payment Balanc(r:

- i:

.. j
tt

I - i...i.: .!.

TOTAL DUEi

i,1r

l:..i

ir..:,i:taltl Sr:

You havs the rlght to cure the def5ult. To eBl.6 tha d{ault. on or be{ore July 25. 2O1O, BAC Home Loans Servicing, LP must recelve
the am<)unt of $Z,WO.8O p,us any addltloaal regular monthly paymeilt or payments, lato chargs, fees snd charges whlch bocome due
on or beror JUly 25, 2BlO.

*good funds" in the amount of $2,99O.8O on

Th6 defautt will !g! be consldsrod cursd unless BAC Home Loan6 Ssrvioing, LP receives
iciont
for
insuff
tunds or for any other reason. *good funds"
us
payment)
is
returned
to
(or
other
che
ck
or befcr July 25, 2O1O, lf any
of
to cure will be granted due tc a rturned
iime
tlxtension
lleen
No
cured.
the
will
not
havo
received
end
do?auft
not
have-lreen
will
paynteni, BA(: Home Loans Servicing, LP reserves tht !"ight to accept or reje.ct a parti{rl paymefi of ths total anlount du} without
waiving any of its rlghts hereln or otherwlse. For exampl6. it less tlEn the lull amttunt that is due is sent to us, we can keep the
paymeit and appty ii to tne d6bt but still proceed t6 roreclos.rro since the default would n{)t have been dred-

lf the default is not curod on or before Juty 25,2O1O. the mortgage payments will ba accalarated with the full amount reanaining
eccelerateel ancl becorfling due and payabig ln full. and foreclosuri proceedlngs will be initiatd et that tirfle. As such. the failure to
cure the detault .nay r*srilt in the foreclosure and sai of your property. lf your property is foreclosed upon, the Notholder may
pllr$ue a deficiency judgment {rgeinst you t.} col}ect the balance of your loan, if permitterl by law-

you may. it req$lred by taw or your loan documents, hava the right to cilre the default sfter tne acceleration ot tl mo*gage
paymenis and prior to ine torecl'osure $ale' of your property if ell..amounts past du are-qaid within the tlme permitted by lawHom
However. BAc Home u""nu Sir"i"f"g. lF ana tie NiteAorUbr shall bq entltled to oollect all fees and costs incurred by BACles'
to

Loans Serviclng, Lp and ttre NotenotOlr tn pursuing any of thelr remediGs. including but not limited to reesonable attorney's c,r any
itre fut; extent pirmitted ny 16w. Further. you msy rr6ve ine right to brins a court action to assert the non-axist6n..re{}f a defarrlt
otlter derense you may have to acceleratlon ancl foreclosure.
your tcan is in defeult. pursusntto your loan documents. BAC Home Lcans Servieing. LP mgy, entsr upon and conduct an- lnsPectlon
inspection6re to (i) obssrvs-the physical condllion.of- your property. (ii) verify that tha
iucn
oiyou, property. fhe purposes
""tfre iilentlty of the o;;upanl.. lf.you do not cure the default prlor to the lnspectlon' other
"f
propexy ls occupiect anailifi[ Aetennino
soctring th{} propBrty. 8nd
actions to protect tne mortgldee's ir*er66t in the pioperty (including. b_ut not lirnited to, wirrterizatlon,proservation
efforts will be
and-property
inspsciions
costs
of
tfre'aUovi-descriied
The
o"G["".
*"y
services)
valuation
charged to your iccounf as provlded ln your sscurtty ln$trumsnt and as permltted by law'

gAC Hsne t ar}s Seruidng, !-P ls a subsidiary ot Bar* ofAmerim, N'A'

t icfre Hte you. n@mtr ffibcr od dl ct(*5 md ffi@p{lds ,
*r&is!tbatr4'i6brii'!'
we$ay.ror6pyquafooiorunyfaymentalurFdsFledndb-')*r'Iinandnlh5lnr'i'

Prymrtl6letlo*
. t'jd<c yor, .$ck payabb la A3a
HHs Loa,F SB*i;o!l P
. Darrl aend ad$h
. Pl*ss i.r{rrk rro'ri}otr silh y,tsl.

fffir
Abdlel Ecflevenla

E lsabe'l

sanlarnarla

pafudt.
ir{rEil i9 dlarslEctorl a dlollhlybdti9.
ido'dirgly (E.eS fo, ,, {ui enllts.
indgl ng FdhseS, rr cBtrralcd ol
3Ol39O d rn,uEi iilorod, *.ordM oI
lh+ sa!E{ rilmbe 0i dayu rrr t}E luftr.
For p*tai ,mqtu. i0l6sd i! aiBal?d
delly s tu birSs ilf 6 385 {aY Ye6.

plsB'5

NE
32907-llt2

4gg Cellini AVe

Palm Bay, FL

part*ml

FN a! l!tr @r{h pnwi:rnl

Balaire Duc io' cl'a'ges

sLoffiE*v

lis"ed abo'/e: $?'9s0 80 as sf June 25' 2010'

rht !e6@ trie t! i'irs $cP&a

!p&tt !'x*:inrbm*'i-'

|ffi;fi':r;
f'dft

tffi;
,t,ltll,i,tltll.llrrltl.llt.tlllt,.l'l,,lltlltl.ll,tllltlr.,lllrt li;:;
BAC Home Loans Servicing. LP
P() Elox 650070
mI
Dallae, TX 75265-o070
r! SAgqCC}O 5Ar:

a A 5S

1L

a ?rr'

'i

lf you ere unabl to cure tho default on or bet(}re July 25, 2S1O, BAC l"loms Loans Serr.,icir:g, LP wsnts you to be awnre of verious
options that may be availsble to you through BAC Home Loans Servic!*g, Lt) t3 prevent a foreclosure ssle of your property. For
example:

.
.
.
.

Repsyment Pian: l! is possible thet you rnay be etlgible lor some form of psyment assistance throuqh BAC Honre Losns
Servicing, t-P. Our basic plan requi.es that BAC Hon]e Loans .Seiviclng, l-Jr receave. up fronl at least 1/a ot ttle .rrrorr]I
necessary to brlng the account current. and that tho balance o, the overduo arrount be pald, tllo{rg with tfre regulgr
monthiy payrrlent, over a defined Deriod ot time. {)ther repayment plans als(} are availabls"
Loan Modirication: Or, it is p.ssible that tha regular monthly paymenls ca|l be loyvered through a modi{icatign of the loan
by reducing the interest rate and then aclding the dsiinqilert peymants to the curr8nt lcan balance. Thls foreclosure
alternatlve, however, is linlited to ertain ioan types.
Sale ol Your ProperFjr: Or, if you are willing to sell your home in order to avoid loreclosure. it is possiblo that the salis of
your lrrme can bs pprovd througtl BAC Home Loens Servieing, LP gven if your honre is worth less than what is owed
on it,
Deed-in-Lieu: Or, il your prooerty is free from othar liens or encumbrances. and if the de{ault is due to a serious financial
hardship whlch is beyond your control. you may be eligible to deed your pr$perty directly to the Noteholder ancl avoid the
foteclosure side,

int,rested in discussing any o{ these forecloslrre ali:srnaiivss wlth BAC Home Loans Sorvlcing, t-.P. you rnust contact lls
inlmediately. It you requsst sssiatance, 8AC Hcn]e Loans Servie.ing, LP wit! need to evgtii-rat(' whther that assistance will tre extended
to you, ln the meantime, litAc Ftome Loans Serviclng. LP wilt pursue all of lts rights and remediss under the loan documents and es
permltted by law, unless it agfees otherwiss in writingr Failrrre io bring your loan curr6rrt Gr to enter into a wrlttgn a$reoment by- July 25,
2O10 es oltllned above wi,l result in the aeceleration of your debt,

lf you are

Additionalty, th6 U-S. Department of !{ousing and Urbn Dev6lopment (HUD) tuflds f:'ee C,r very low cost housing counaeling across
thf! natiorr. Hcuslng counslors mn irelp you undectand the lavv and you, optio*s. Tlrey can a,so htp you io organize your F,nancss
and represent you in negotiatjons with your lender if you need thls assistanee. You nray flnd a lluo-approved housing counselor near
you by calting i -SOO*SO5-qeg7. For thb hearing impiired, HUD Counseling Agncy (IDD) nurnbers are aveilable at 1 -800-877-8339.
Time is of th essence, Slrould you have any questions concerning this notica, please contacl Loan CounseliEg Center immediatE-ly at
1-800-399-1762. C-ur offlee hou!"s are between Mon - Fri, 8am to Opm Easlem Time.
Slncerely.
Loan Cot nseling Center

BAC Home Lpans $*rviring, LP is a tubsidlary ol Bank ofArnedca, N-A'

Pmviding yout a-md, addres bglm will sflow us lP send ]an
22583 1 27
AbdElEa}evqrria & l$be, Strtenlaia E-mail sddrse.

E.mril$B:

Acdurll t&rn$eri

lrlomalon aa]o{r accou'lt'

A,i aE4pted
Hq{ ws p{!t YcK P.Yrentr:
payflrsnB of pdncip3l md 'El{e.a6t will tq a0plted to
due. uniss
'lstallnnl
0r linr;i6d tly la* it
o':tswis;6xprassty p:oh-6iled
y@ sbmil il aniosl in a&lilion 'o ycl, fi6had1il8il

ihe bngE3i oillstroding

montily mouflt. ws will ap$y yow paymenk 3s

auttanding Bonthly gaymee:r 1f
prircipal slld hltsmsl iii) Essa{ rlefi.Jarcie3, (id) bta
chargss aid clher !fiornts yd o@ rn EnneCicn
wiih your l@n and {iv) to radutr lha cuistddk
Cfndiat balane 3{ ycut lcan. Plmse soeciry if:iP
wt $ a&iranal amcunt apl}Fod lo f!,ilra paymen:s.

rofiows: (li 10

ra$lsr llsr PdnciFal lsduciion

posidatid dr.ct3: po$tdrrd cl1dks vilt t
prffisled e thB dale taivsd un,4s a !:eD
couf,selor 4lreos tc honcr ih dale sitten on &e
chock

ffi a trndiron

o,

s ,oPaYmonl Plan

Shaw. In addition, even though they attached a required certificate under penalty of perjury as
required in Florida for foreclosure filings, they did not attach a copy of the Assignment of
Mortgage or the Power of Attorney.
We then began to analyze the new Assignment of Mortgage (AOM) filed on September 2,2015.
The AOM is criminally fraudulent as well (See Exhibit U). The foreclosure mill law firm
(Marinosci) representing Carrington prepared the assignment and requested that once recorded,
the assignment should be returned to them (Marinosci Law Group, P.C.). in Fort Lauderdale,
Florida. The Assignment of Mortgage was notarized in Orange County California. Orange
County California is the epi-center of this fraud machine.

Marinosci Law Group, without a specific printed name of counsel and only the signature (any
employee could have signed it since there is only a signature and FBN: 106884 and not a printed
name or title identifying the person who actually signed it who appears to look like the first name
is possibly Sophie), filed a Notice of Lis Pendens in conjunction with the creation of the
foregoing noted Assignment of Mortgage which the Marinosci Law Group itself created for the
purposes of effectuating a foreclosure in the name of the Plaintiff (Canington) against us.

Also attached to the lis pendens /foreclosure complaint is now a "Certificate ofNote Possession"
for which now claims that the foreclosure mill-type law firm Marinosci (specifically Molly
Carey) reviewed the collateral file which contained the "Original Note". We (defendants) highly
doubt that the foreclosure mill law firm Marinosci has viewed the original note or that it even
exists especially since the originating lender is Taylor, Bean & Whitaker. They likely viewed a
"copy" of the alleged original note. {fh; b, I - T
Also attached to the foreclosure complaint is a copy of a Notice of Intent to Accelerate dated
June 25, 2010 threatening us to pay $2,990.80 of the total monthly charges allegedly due of
$3,639.81 before July 25,2010. There are serious problems in attaching this Intent to Accelerate
document to the complaint and testifizing under oath. This is also fraud upon the court and proof
of mail fraud. On June 25,2010, we were oniy behind ONE month not at least three months as
indicated in this Notice. The monthly payment was approximately than $1,250.00 a month.
Therefore, Bank of America was trying to extort from us an additional $2,400.00+ that we did
not owe. We were also supposed to be in a loan modification review at that time since January
2010. We were not aware atthat time that Bank of America was embezzling money from our
mortgerge account and applying them illegally to foreclosure fees instead of towards our
payments. Bank of America was trying to'Justify" on paper that we were three (3) months
behind (when we were not) so that they can initiate foreclosure and give the appearance that they
were doing so according to HUD regulations. This is further proof of the illegal activities
perpetrated against us filed in court.

Echeverria

Santamaria Illegal Foreclosure Complaint

Page 5

Uh; b;

t- r

DAI/ID R. ELLSPERMANN, CLERK OF COTJRT MARON COUNTY

DATE: 0[l,ll0lz00g 12:19:19 PM

FILE #: 2009067891 OR BK 05237 PG 1472

RECORDING FEES

1O.OO

SATTSFACTTON OF MORTGAGUSECT'RITY DEEDiDEM OF TRUST

APN:
Property Ad&ess: 3018 NE 25e

CT

Ocala, FL 34479

KNOWN ALL MEN BY THESE PRESENTS: That MORTGAGE ELECTRONIC REGUITRATION

SYSTEMS,INC. thc bcnefioial oumsr vrbose address is: P.O. Box2026. Flint. MI4850l-2026 said Holder of tbat
certain MortgagdSecurity Deed/Deed of Tnst executed by Marirol Sllva. a ringle penon, to N/A" c Trustee, and
Taylor, Bean & lYhttaker Mortgage Corp., knder of Record, dated t1B0/06, and recorded h Offioial Records
Book 111662 Pagp 0265, Insttrment Number 2006200411, of tbe Public Recods of Marion Couuty, f,'lorida,
Securing that certain notc in the priocipal zum of One Eundred Ten lhoucrnd Ntne Eundred Thirty Ntne onil
nno/00-($ U0r939.00).Ard certain promises and obligations st forth in said mortgagc dced upoa the propemy
situate in said State and Couty, describcd to wit:
As descrlbed fu sald recorded Mortgage
Hereby acknowledge fuU palm.ent and satisfactiou of said Nots and Mortgage/Security Ded/Deed of Trust, aod
zurrenders tbe same as cancelled, and hereby directs the Cterk of the said Circuit/ Superior Court to cancel the same
ofrecord.
Sigued" Sealed and delivered on U7l2009

Mortgage

Erla
101NE Zod Sreeq Ocala, tr'L

State of Florida

County ofMarioa
On this day before me peisonally appeared Eda Carter-Shaw, persoaally knowu to me to be the
Vice-President of Mortgage Elecuonic Registration Systeos. Inc,.; that the foregoing instrum@t was signed oa
bebalf of said corporationpursuant to its by-laws or a resolution of its Bo6rd of Directors aod that he acloowledges
said instrrroent to be tbe Aee act aod deed of said Corporation.
$/itness my haud and seal this day of tl'll2009

Retum to and Prepared by: lndrea Finchum

Taylor, Beao & Whitaker, Atb: .Releas & Reconveyance DePt l4l7 N Mapolia

Avenue, Ocala, Florida

r*rrg*

TBW lnan No .: 1447269 MIN No. : I 00029500014472694

Book5237 lPage1472

cFN#2009067891

Page 1 of

OAI,ID R. ELLSPERMA,,Ir.I, CLERK OF GOI'RT MARPN COUNTY

DATE: A3l15t2A1A t2:55:S0 pM

FILE #: 2010023&ts OR BK 05330

.*aredbyandreturnto:

pcs

0S3S-0S39

RECOROT{G FEE$ rS.5t

Shapiro & Fishman, LLP

10004 N. Dale Mabry Highway, Suite 112
Tampa, FL 33618
S&F No.: 09-147777

/o

cl

,4"
I

This area above this line is for the use of recording oflicial

ASSIGNMENT OF MORTGAGE
Taylor, Bean & Whitaker, ("Assignor"), C/O Shapiro & Fishman, LLP, 10004 N. Dale
Mabry Highway, Suite I l2,Tamp4 FL 33618, has granted, bargained, sold, assigned,
transfbrred and set over, and by these presents does grant, bargain, sell, transfer and set over unto
BAC Home Loans Servicing, LP, l"Assignee"), C/O Shapiro & Fishman, LLP, l00M N.
Dale Mabry Highway, Suite I 12, Tampa, FL 33618, the following described Mortgage(s)
recorded in the Public Records of Marion County, State of Florida, together with the note of
obligation described in said Mortgage(s), and the money due and to become, due thereon, with
interest as therein provided, pursuant to section 701.O2, Florida Statutes.
Date of Mortgage: June 11,2007

Mortgage Recording Date: June 18,2007

Clerk's File Number: 2007082149
Book Number: 04819
Page Number: 1099

Legal Description:

LOTS 69,70,71 AND 72, BLOCK A, OF BREEZEWOOD ESTATES, ACCORDING TO THE

PLAT THEREOF, AS RECORDED IN PLAT BOOK F, PAGE I09, OF THE PUBLIC
RECORDS OF MARION COUNTY, FLORIDA.
TOGETHER WITH THAT CERTAIN YEAR:2OOO, MAKE: AUGUSTINE, VIN#:
GMHGA6030000728A AND VIN#: GMHGA6030000728B, MANUFACTURED HOME,
WHICH IS PERMANENTLY AFFXED TO THE ABOVE DESCRIBED LANDS. AS SUCH
IT IS DEEMED TO BE A TIXTURE AND A PART OF THE REAL ESTATE.
Original Mortgagors: Yolanda Chisholm, a Single Woman

IN WFNESS WHEREOF, Assignor has caused these presents to be executed this lTth
day ofFebnrary,2OlO.

Book5330/Page838 CFN#2010023058

Page 1 of 2

'Taylor, Bean & Whitaltt

By:
EflaCarternaw

V**c- Y -1t

$iiil*;:rl

(coRPoRATE SEAL)

(ca Pcesr

FLORIDA

STATE OF
}
COTINTY OF }# HStsORoI'OH

-tll*rero i

I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgements of the above referenced duly
prta0arterhm and Lq-l'r.rq NSe.LS , who are
authorized signatories
personally kno*n to rn" ard did take nn oath and who are
prsons
described herein and who executed the foregoing Assignment ofMortgage and duly
acknowledged before me and e(ecuted the sarne for the purposes therein expressed as the act and
deed of said corporation.

of

tffie

IN WITNESS WHEREOI,.I have heregnto set my hand and affrxed my official seal, said
r/
County and State, this I tb day of larbpa*q . 2g1g

*NOTARY PUBLIC
Name of Notary: Co
My Commission Expires:
S&F No.: A9-147777

(sEAL)

PUBUC6TA1E
N(}IArf
'

;.iil;'

iltteen J.

OP N.ORIDA

Nostrand

iM-3F;r,ro,',"'tB?3llll3
soiiiiiii rsnu

ifl errnc Bo,\TtNc

co, INc

Book5330/Page839 CFN#2010023058

Page 2 of 2

A$i 12116/{18 l:58:49

9T+ pe sog

ffEH
6\'y

rrris

ttrdEsoro couxry, ;s
$.E. Dfl,ls, St CI"ERK

am*t

w prEDe&d lvlqnb {t Asiat!+ 2309 OliEr R@d

Monrc, L&isi@ 71201 Telephm: 118.310.0020
INDEXINO INSTRUCTIONS:

Lt

96,56 e2, Norh CckSubrllvbian, Ss 20,nS,f,t$?,

DGSoo

Conry, MS.

AIPOO.ITMEI.IT OF TRUSTEE

STATE OF MSSISSIPPI
COUNTY OF DeSoto
WHEREAS, oo the lTth day of January,2003, Robort W. Kid< aod Tamnatha M. Kirk, Husband
and Wife xecuted a Dcod ofTrust for thc uge and benefit ofSouthpoint Iinancial Services,
Inc.seid DoGd ofTnr* rccordod in tho land records in thc oftioe ofthc Chanccry Clcrk ofDcSoto
County, Misrissippi in Book I 646 Pagc 70 I ,and

*" &5S

?Q6-.

wHEREAS, oo
o"y or 0uQUSf ,
by corrcrtve sssisnment,
Southpoint Pinancid Services, lnc. assigned Sril Deod ofTrust unt! Taylor, Boar{Whitaker

ffiffffix,H#iiffi"
Mortgage Corporatlon, by instrum

designate a Trustcc in said Dccd ofTrust; and

WHEREAS, the undersigned is the presem holder and bencficiary oftheDeed ofTrust refered
to above; and

WHEREAS, under the terms of said Dccd of Trust gnd M.S.A, E9-l-63(3), the beneficiary or any
assignee is authorized to appoint a Trustee; and
the undersigred holder ofeaid Deed ofTrust does hereby Eppoint Emily Kaye
Coufieau, [3 Trustee, the said Emily Kaye Courteau to have all rights, pouers and privileges
granted the Tfuste ia said Deed ofTrust.
Now, ruERsror.!,

Should the uodersigned become tho last and highmt bidder at the foroelo$re solg the Trustee is
hereby authorized to transftr 8nd assign said bid o convey tfule o said Foreclosed property to the
SECRETARY OF I|ETBRANS AFFAIRS, an ofiicor of ths United Ststes of America, or the
SECRET RY OF HOUSINO AND URBAN DEVELOPMENT, or whosower lhe undersigned
shall authorize. Th stoterrcnt in thc Trusee's Deed thst tho undersigned has requested tbe
transfer ofits bid to Grurtoo (s) in the Trustce's Deod shall bc binding on the undersigned md
mnclurivc evidcngG in favor or the assignec or other panier thcroby, ad thrr $e Substihrte
Trustee is duly authorizcd and cmpor,,/red to cxccute thc aan .

IN WfTNESS WHEREOF, llo undcrsiped has csuoed this inrtrumclt to be executed by its duly
suthorizod ollicrs on this 25u day ofJug st -2008.

STATE OF Florida
COUI{TY OI: -Mtr!!E
PERSONALLY came arrd appearcd before rne, thc undersigncd authority

in and

for the

jurisdictiol aforcsaid, Erla Carter"Shaw knowt personally to me to be the EISBIlivgYjee

Presidem of the within namcd Taylor, Bean, & Whi,taker Mortgage Corporatioq and thct (s)

he

orecutcd and delivorcd thc within and foregoing instrument on the day and yoar therein
mentioned for utd on bchalfofoid Corporatioll and a! its own act and decd for the purposes
iherein moationed, having bc[ first duiy &rthorized so 1o do.

WITNESS my signature and oflicial sesl on rhis, the 25n day of-A!8sst 20Qg.

,r/

BK

tr08-2399

tbd

tD0sr7u7

!r.10,2m

2,9?4 PS 6IO

af

ASSIGNMENTOF
CERTIFICATE OF SALE

FirstAmericon Title
fnsuranee Company

For value received, Mortgage Elec-tronic Registration Systems, lnc

as nominee for Taylor, Bean & Whitaker Mortgage Corp. with the address of
1417 N. Magnolia Avenue, Ocala, FL3M75, grants, bargains, sells, transfers
and assigns to Taylor, Bean & Whitaker Mortgage Corp. ("Assignee"), whose
mafling address is 14't7 N. Magnolia Avenue, Ocala, FL 344T5, it legal
representratives and assigns, all right, title and interest in that certain Certificate

of Sale dated June 9, 2009, on the following described property:

UNIT 4,108423 OF TETON MOUNTAIN LODGE
CONDOMINIUMS, TETON COUNTY, WYOMING, ACCORDING
TO THAT PLAT RECORDED IN THE OFFICE OF THE TETON
COUNW CLERK ON AUGUST 6,20A2AS PLAT NO. 1058, AS
FURTHER DEFINED AND DESCRIBED IN THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDEDAUGUST 6,2AO2IN BOOK465 OF PHOTO, PAGE
632-664

wtth an addrcss of 3385 West Village Drive #423, Teton Village,

wY

83025.

Together with all improvements thereon situate and

all fixtures and appurtenances thereto,
which was sold at a foreclosure sale on June g, 2009, and the Certificate of Sale
was filed on June 9, 2009, at Reception No. 0753454 in Book 732 at ?age 322 in

the records of the County Clerk and ex-officio Register of Deeds in and for Teton
County, Wyoming.
Assignee shall be substituted in the full place and stead of Assignor

and shall take all legal action he may deem proper or necessary in connection
with the Certificate of Sale ass[ned.

All acts, assignments and transfers under this assignment and all
rights of the parties under this assignment shall be govemed by the laws of the
State of Wyoming.

AII agreemonts of the parties are contained in this assignment

which cannot be modified except by written instrument signed by all parties.
Dated this 16th day of October, 2009.

-@fiilr I0lF0! [LECllflIC Imlsnrtt0'

fllllE: llI0l HI tlD miln mrt$rl Cfil
__- lhc lrtltll ht ,ll $ ,-0 ?tld It 16rl? il lut /t9
tl.rll t. [rltl. lbtoq C0utl Cl.rt Ir$! tl.ll
By llcLh trtrh$t ocFtl

Mortgage Electronic

Registration

Tite;j{igg-Presidgn!
Printed Name: Erla Carter-S,haw

":

AssQnnnnt of Certificate of Sale

Mills 0942677
Page 1

ofZ

ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Marion

On the 16th day of October, 2009, personally appeared before me

Erla Carter-Shaw who, being duly sworn, aeknowledged he/she is the Vice

President of Mortgage Elecbonic Registration Systems, Ine as nominee for Taylor,

& WhitakerMortgage Corp., and executed said instrument on their behalf.

Bean

Witness my hand and official seal.

T'itle (and Rank)

My Commission Expires:

lly

Commlesion Erplrcs

05-25-2013

Acs

Assbnment of CertficatB

oa Sale
Mills 0942677
Page 2

of2

g/32

'tA &V+ fi**

Prepared by and retr.rm to;
Susan l,oveday

Bt?45P 569

Taylor, Bean & Whi0aker Mortgage Corp.

l4l7 N. Magrolia

Ayenue
Ocal4 Florida 34475

TBW File No: 420459

MIN: 100029ffi000420459-0

43?tb'a,

oewl*

ASSIGI\IMENT OT
IVIORTGAGE / SECURITY DEED / DEED OF TRUST
FOR VALUE RECEIVED, rhe

undersigned grants, assigns and transfers to:

Mortgage Electronic Registration Systems, lnc., its successors and assigns, as norninee for Taylor, Bean
its successors and assigns, P.O. Box 2026, Flint, Michigan 48501-2026

& Whitaker ltlortgage Corp.,

All rights, title and interest in and to that certain Mortgage/ Security Deed I Deed of Trust, dated 06-25'03
executed by: DICK M WHEELER. A SINGLE MAN AS HIS SOLE AND SEPAMTE PROPERTY

To:THE HURRICANE MORTGAGE COMPA}.TY,IN, A MISSISSIPPI

CORPORATION
Recordsdon: 07-21-03, in Book/VolumcNo. l57l , Page 817, as Document/lnstrumentNo. 4W314, in the public
of MADISON County, State of MISSISSIPPI, as well as to the land described therein.

records

TOGETHER with the note or notes therein described or referred to, the money due and to become due
thereon with interest, and all rights accrued or to accrue under said Mortgage/ Securiry Deed / Deed of
Trust.
Signed, and delivered

State

The Hurricrne Mortgsge Company,Inc., A

of Florida

County of Marion
On this 2d day of February 2004, before me, a Notary in and for the State and County aforementioned,
personally appeared Erla Carter-Shaw, who are personally known to me to be the Attorney-in-fact
respectively, of the corporation named herein; who, being duly sworn by me, did state that said instrument
was signed and on behalf of said corporation pursuant\o its by-laws or a resolution of its Boaxd of

B1?45P 5?0
Legal Description
Lot 14, Huntington Place Subdivision, revised, according to Plat Cabinet C, Slide 140, in
the Registers Office for MADISON County, Mississippi to which plat reference is hereby
made for a more particular description of said property.
Being the same property conveyed to Dick M. Wheeler by deed from Roland K. Hale, Jr.
filed for record in Book 483, Page 540, Registers Office for MADISON county
Mississippi, dated 3126101 .
Property address known as: 1520 Huntington Place, Ridgeland, Mississippi 39157

MAOISON COUNTY

Book
ARTHUR

HS

This instrument rvas

e.g.
o&c.c.

6L9-

H0ls8P605h8

2166,14
Prcpuedby:
Morris & Associffes
2309 Oliver Road

Retrm To:
Monis & Associates

Monroc, Iauisiam 71201

Monroq lruisiara

Tclcphorc:

Telephonc:

3I

2309 Otiver Road

t-330'9020

31

?l20l

8-330-9020

SW l/4 of the NE l/4 of Sec 3, T-2-N. R-9-E, Pike Co., MS

SUBSTITT"ITION OF TRUSTEE

STATE OF MSSISSPPI
COUNTYOFPikc

WHEREAS, on the 25th day of January, 2007 aod rclcnwlertged otr tle 25th day of January, 2007,
William E lampton atd t(ay Laryton *a Kay B Lamptotr e,(ecutod a Deod of Tnr* lo Prestitp fiile
Trustce for tll use and be@Itt af Mongagc Electronic Rrgistration Systems, Inc. beneficiary, which Dr.d
of Tnrg is on file and of rocord in thc ofioc of the Chmcery Clerk of Pikc County, Mississippi, in Docd of
Trust Rocod ar Book 743 at PagE 694 Docutrrcnt/LrsEumrt # 195790

;alld
WIIEREAS,

tlr

urdcnieilcd is the prcsent hokhr and benclicirry of the Deed of Trust referenccd to

aborc; and
WHEREAS, under the terms of said Deed of Trusl the beneficiary or ailry a$ignee is authfiizd to appoturl
a Tnr*e in thc place and stad of tlro original Trustc or any successor Tntste h said frcd ofTntsq, and

NOW, THEREFORE, the undersigncd holder of said Deed of Trust does hercby appoint and $botimtc
Emity Kayc Corrtcatr' as Trus&c, thc said Emily Keyc Coutcau, to havc all rigilts, pmrs ard pivilegcs
grantcd the Truse h sxid Decd af Trust
Should tln rdersigBed become thc last and highest bidder al tIE foreclosure sale, the Srtstihrte Trustee is
hereby authorized to trfirder srd assign sait bid to convey title to said Forcclosed property to the

SECRETARy OF VETERANS AIFAIRS, an offrccr of thc Uaited Strt6 of Am.rica, or thc

SECRETARY OF I{OUSING AND URBAN DEVELOPMENT, or whosoc\ier thc un&rsigncd slull
autlnrize. Thc statemcril in thc SuHitute Trusce's Decd that lte undcrsigncd bas rcqu$od the umsfcr of
is bid ro Grantc (s) in t[o Snbrstitntc Trustc's Dccd shall be bfuding on the udcrsigned and conchsh
evidmoe in frr/oror thc aesiglrcc orothcr prtis thcrtby, adttat thc Subaitut Truftee is duly auttorizd
ard ernpovcrcd to Exocute thc sarne.
IN WIINESS WHEREOF, trc urdnig!d lus cared this instsument to be executed by fur duly
audlorized offioers on this l5G day of Api[ 2009.

Mortgage

ion Systems, lnc.

as nominee

forTaylor,

Bean,

& Whitaker Mortgago

Corp.

BY: Erla Cartcr-Shaw, Vice Presidcnt

STATE OF Flori<la
COIJNTY OF l,{riqt

PERSONALLY came and appearcd before me, lhe underBiglcd autbority in and for the jurisdiction
&la Carter-Shaw, Viae Presideil I(trown personally to nrc to bc ltlc

aforesaid,

Sr8,Fe06 L- 9n'iilin

Eda Carter-Shaw, Vice President of the within named Mortgase Elccuonic R.CirrIl
nomioec for Taylor, Bea4 & Whitaker Mortgagc Corp. and thal (s) hc executed ana-aEfi'ierfr-th!
and foregoing instrument on the day and year tlrcrein mentioned for and on behalfof said corpor*iorq and
as its own act ard decd for the purposes thaein mentioned, having beetr first duly au&orized so to do.
WITNESS nry sign*ure and offrcial seal on 1his, the 15n day of April, 2009.

/rgu'I

.0

NOTARYIUBLIC
MY-COI,IMISSION EXPIREE: O{

^['t*

orl e"og
D.ADEftTT

strS'
MY

@tJil6st0il r DD

459316

Sephoter2,2ffi
EffiTl0fleA hltth|tffiE
EXPIfiES:

'

SIATL

'

0i li.i-ii..iri

Pll(E C0ltil 'f

$[t'Ji,";'iiJtE%'i . I
2009 IPR 2lr Pll l: I I
!t I I

i:AL

iir:'-

l./4t5--;

'I

rnE

Prepared bv & retum to:

The Florida Default Law Group,

e-q99,p,9t004

PL

NJd t{OLLgz TtY(z-

JohnMesker

rffi ritilfl t{fl ffi rilil llfl iill llfililffi

Ltl-?-20A9WtW4-L
[1

9l 19 Corpordte Lake Drivg Suite 300

Ta$pa Florida 33634

[[

File Number: R09100152

OFFIGINL

RECOROS

(Space Above

BKr 2686 PG: 394

\ Z
'

This Line For Recotding Data)

$pecialWarranty Deed

AuguSt-

Tbrs Specret watfinty Deed made this 31St ary of

2009 between Taylor, Bean &
Whitaker Morlgagc Corp., whose poet office addrees is 1417 N. Magnolia Avenue. Oeala, Florida 34475, grantor,
and Fedcrrl Home Ioan Mortgage Cotporadorl whose post office address is 5{tr0 Plano Partway, Cauoltoru
Texas 75101,grantee:
(Whene..,er used henein the Errors grantor and grantee indude all the parties to this instrument and the heirs,
legal representatives, and assigns ofindividuals, and 8re sucesors and assigns ofcorporations, trusb and
tru$tees)

Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (510.00) and
other good and valuable consideratione to said grartor in hand paid by said gmntee, tlre receipt whereof is hereby
acknowtedged has granted bargained and sold to the said grantee, and granee's hei$ and assigns forever, the
follorving desoibed land, situate, lying and being in the Hemando, to-wit
THE SOIJTI.I 379 FEET OF THE YIEST 345 FEET OF THE NORTH 1/2 OF TI.IE SOUTHVYEST 1/4 OF
THE SOUTHEAST 1/.1 OF SECTION 21, TOWIIISHIP 23 SOUTH, RANGE 20 EAST, HERNANDO
COUNW, FLORIDA; LESS RIGHT OF WAY FOR I"IAYMAN ROAD "F/K/A STATE ROAD 420,,
I

Parel ID

tliu]l[llwlffilllrlillrllllll

#r R21 423 20l}0(n 0{80 0021

ll

lr

Togcther with all the tenements, hereditammts ard appurterances thereto belonging or in any^rise appertaining.
To

llave

afird to

Ho14 the same in {ee shtple forever.

And the grantor hereby covenarits with said gEntee that the grantor is lawfuIy seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convqy said land; Eat the grantor hercby fuIly
warrants the title to said land and will defmd the same agaiilst the lawful daims of all persoru claiming by,
thmugh or under grantors.

In l,Yitness Wheaof, grantor has hereunto set gfantorb hand and seal the day and year firut above writlen.
in our Pr6ence:
.Sirydrs*-afea and deliryered
corp.
Taylor, Bean

, \-4:(

BY:

"*"W"rtgage
a#

Erla Carter-Shaw, Executive Vice President

Pierson

ffii$f;g.Sg*'.i#'#;iil*Eeords

Stateof Florida
Countv

or

:'

of Marion

The foregoing

insqupell

1.

6.1o*-u11r;" 31st

was

who is,/are personally known to me

-2.tr.t9,

tr;tritrfii^?M,.,*'3

e3

, for and

on

or has/have pmduced

,{gt'L*ftr

t,w,)

|',lff,'^ll*,M
Fr/,.21i4ff
My Commission Expires:

PIEIIC.}IAIEOFrlOruDA

Ipren Bonner

CoooisaionilDD&276S
Exg:irr-s: ifdY 25, 2013

mo tflritllcrio{oB{O
Sqdal tlanan? Deed -PaEc

cor rHq

+il!ilil#;;;;*j;;d;t;;;;?.ffi r,,,;;;;i;L;;#",theact*,d

derd of sdd ccrporrtion.

lN \}ITNE^ts wHERE0F.,I have hcrornto sct my hand and aflixed rny ollicia!
'ltht*tr,,

County und Stare, this

-l:l*_

aoy

ol

seal_ said

ZO|O

.NOTARY

I,I..UJI.IL'
N$flre sf f.fo{sryl

ln whses whaeofthc geid Tallor. Bcan and

Hes

cud

lffhit*cr Mongmcf.oro.

its corporrrc seal to be hereto rffixed rnd thcs ptscnts to

tr

rigncd in itr samc erd

bchdlby

Lrl.l Cenrr^Shrrr itt Exeutive rr'ic+Prcsidcat

J

\tlrngngc ("rrrp

'f

Februrry 8, ?'o1O
STATE $F FLORIDA

COLNTYOT MARION
On this B* dry of Fetmry, 2018 before me. ttre undersigncd notary pubtic, pcr*omJty rpperred
5r!r Carter-$harv ss Erurtirlu Vic+'Prcci&n{ of Taylor, Blan rnd tThitster Mortgage Corp.,
who I hme pcrso*d knowlcdge of idenrity, to bc th* penon vihoac name ig rigncd ut thc

tudfflbd ar rdd moerdrd *lcrqrgr

tkntf rctnorddp fttl fynca rrd"rrtirEstitr of rdd l{sl* rd }rtqrCsr$oruity OoodlDsed of Tmc, rd
amodcc rigersc cttenod, t"*t-*ydecu rl*Ckrtofllc dd Ctruil / Sq.tior Col,,rtocucd tb rno
ofrs.d.

Si*lcd. Sc+lcd
in &c

anrl

drlrrcrcd

un

&?'t(l!lll

:tlor{*i8r

q4xrrct.f:

Vt,cc

lul :l[.2rd

SEr{l,

Ocdl' fL

Fik&rn
Stilr' oi Flcridj

Cwtr

oi hturcfi

Or thir dhybcluu gu lxauully uPFaEi frta Cutrr !luw, pa*'rrlly kno*r to mr t+bc lh!
V$c-PrSidcnt ol )rfr:+tgrgr Elrc:rou; Rcf:rUrtiur SFt(0rl ltr,.; rhll tir tmgOrng ililtt{ffit uI r:linst iltr
tdriJl of rtrd c*poration lturs$rot to itr b!..lrwr u I rrstuti'ru of rtr tlord {( Drmclon arrl rhat hc rclfio*-lndgcsi
$id !firlnrmcrrl 1n t tht litr ltt lol dccd o[ gid CLtrptrntim.

Wi*trr ml

hmd irrrl rcal 0ur day of &7l100S

Mlr roarnrsiorr

(rfit*rJ :\iFEU
|'..1
.
{r r.ffi:i{re, (Octil
J. itri.r rr\ .La llll3
I -.x.. @r*t.c.*r

Rttuftl to *nd Prcpercd by: turlrcr Flncbem

Tavlor, U<u & rt'hI:allct, Alltr: -Rcle$.t Ra:*-e1arc
.t
B\1' Lorn trl* I 4{?1i* MIN }:a : 1 00(t29jtltl0i ac? l(t9'l

DcPt i4:: N Mrg*lie Ar=st. OQla, tlortdr -r.l{i5

\ffi*

T{) HAVE A"\D T() HOL!! rk srtrru'ltothc ilid perty of ttE slood F0n i* ke timph.
ftc rrid prrry of lhc fr* pondnm hcrrty oovcnant withthc s*id perty of tlx sccood

*ilD

thal. cf,ocpr s6

rborycnorrd.tlstrtrhctinsoftbc&lkryofthbdocddxpnmiseurrrfu*fionrallcarumbnoocsrudcbf it ord
that ir l,ilt saIIrEt md dcftod drr sarc rgainst thc larrful cldms rnd dcsunds of r[ pcrsms chioiag by, &rutg! or
uader

il

bur

rgdmt

Drtcd Ois
-/?'-

O{o"a

nooc

E&y

otlr.

of Mrnh. 200?.

Seat.d nrrdrrL},?rd in Our

lttsem*

\oi*e Fresidcnt

faylor, Bean &

By:

H*rc" V - lJ
.frt'\V!

T|tfrlrt

. .-n

Ft-

Tayl*r

Hc
FF,

l0l I*lE 3nd $reet, Ocalan'

at!rldvrrl

FE..&

.t

r;

r{+.

r r+Qt..*

-dr*tr-J

lrl,r

Carter-Slxaw.

"faylar, Bean & lVhitnker Mortga*c

By:

Vt** Fresidcnt
faylnr, tseffi &
By:
Erh Carter-Shaw

Hltu=e , U
ra-lrFlf\

?af'a!Ft

-I]

.Ft-

r'*

-i

llurtgag*

.I*:a@S.il

ssE

r* r$

-,.

Erl* Csrter*Slurv.

By:

trrie e

Uh; b;t-

Bank of America
450 American Street
Simi Vall ey, CA %A65-6285

December 3,2013

In the Matter of:

Abdiel Echeverria &

Isabel Santamaria
499 Cellini Ave NE
Palm Buy, FL 329A7

Prioritv Mail:

Alleged Loan No: 0225 63127

FHA CASE NO: 094-5376646-7A3

to go1"
85qo 3z
tl

qq

eo ooso

N9TICE OT FRAIID AND INTENT TO LITIGATE

This is our Constructive Notice to you that we have discovered extensive
fraud in regard to the mortgage and transactions associated with it on certain

real properly as noted below.

It has come to our attention

that you

are

involved in the attempted foreclosure on our property at 499 Cellini Ave NE,
Pab,n Balt,

florida 32997 according to notices you submitted recently to us,

where documented fraud has occurred. This is your Conqtructive Nofice that

in this matter has been oersonally delivered to the FBI and

'resulting &om
SECRET SERVICE, for investigation and prosecution,

evidence

violations of Federal Law including, but-not limited to, COUNTERFEITING

and CONSPIRACY TO DEFRAUD as outlined in the atiached documents.

-1-

Information, including your identity, and what appears

to be your

participation in these violations of Federal Law, has been provided to the

above named Federal Agencies, and local authorities, for investigation and
prosecution.

If you were not previously

aware of the above mentioned fraudulent and

criminal activity, and may be an innocent party in this matter, I would urge
your utmost cooperation with the arithorities investigating this matter as well
as ceasing

all of your activities relating to the ongoing foreclosure action.

however, you would chome

to move

forward

participate

in ANY way in the attempted

above, you

will

If

in ANY manner and

foreclosure action referenced

demonstrate your complicity and willingness to be a parfy to

the COUNTERFEITING and CONSPIRACY TO DEFRAUD now that you

have been noticed and
and

will

become subject to potential criminal prosecution

civil litigation for damages.

Ypu have hergby been legall), notified of this fraud and

your

involvement, whether knowingly or unknowingly, and you therefore may

make no future claim of a lack of knowledge of these criminal activities, and

your participation therein, which could absolve you

of liability

or

culpability. It is my intent to pursue any and all legal remedies against any
and all participants regarding these fraudulent acts. The bonding companies

of those involved will be notified of claims regarding the civil matters.

Conduct yourself accordingly.

-2-

***TAKE NOTICE***
This is but one part of a substantial nationwide investigation, by law
enforcemen! of the mortg4ge industry and the complicit &aud therein, and is
not some random "internet documenf'that was found and printed out and
sent to you as some kind
matter that IS

of

scare

t*iog, and \IVILL'be,

as being co.rypticit

tactic. This is a very real and serious

pursued with

4l

those whg4fgidentifiEd

in any fraud being prosecuted to the fullest extent of the

law and civil action taken to recover damages.

Isabel Santamaria

-3-

Carrington Loan Services, LLC

1610 East Saint Andrew Place
Suite B150
Santa

February 23,2015

An4 CA92705

In the Matter of:

Abdiel Echeverria &

Isabel Santamaria
499 Cellini Ave NIE

Palm Buy, YL 32907

U.S. Priority

Mail: qL+

rc s03b qq30 7o(st t 1 ; Ll 8b

Alleged Loan No's: 6000002968; 022563127 ; 2417954

FFIA CASE NO: 094-5376646-703

NOTICE OF FRAUD AND INTENT TO LITIGATE

This is our Constructive Notice to you that we have discovered extensive
fraud in regard to the mortgage and transactions associated with it on certain

It

to our attention that you are

involved in the servicing and threats of attempted foreclosure on our
real property as noted below

has come

property at 499 Cellini Ave NE, Palm Bqv. Florida i2907 according to
notices you submifted recently to us, where documented fraud has occurred.

This is your Constnrctive Notice that evidence in this matter has been
persona[], delivered ro the FBI. SECRET SERVICE and the U.S.

Degrtnent of Justice for investigation and prosecution, resulting from

Alleged Loan Number: 600000 2968

Page 1

violations

of

Federal

&

State Law including, but

not limited to,

COLINTEFJEITING, FORGERY, WIRE FRAUD, IV{AIL FRAUD

ANd

CONSPIRACY TO DEFRAUD as outlined in the attached documents.

Information, including your identity, and what appears

to be your

participation in these violations of Federal & State Laws, may be provided to

the above named Federal Agencies, and local authorities, for investigation
and prosecution.

You have recently expressed in a letter dated January 14,2A15, that your

company, Carrington Mortgage Services,

LLC is "the

current

investorltrustee/note holder/owner" of this fraudulent mortgage loan. CMS is

also the current "servicer"

of this alleged loan "wittr rights to enforce

the

terms of the security instruments and collect on the debt". Please be aware

that this alleged loan is the subject of current litigation and

will be the

subject of an upcoming civil and criminal lawsuit regarding the crimes

explained herein.

If you were not previously

aware of the above mentioned fraudulent and

criminal activity involved in this subject loan, and may be an innocent party

in this matter, we would urge your utrnost cooperation wittt the authorities
investigating this mafier as well as ceasing all of your activities relating to

any upcoming &audule,nt foreclosure/collection action.

If, however,

you

would choose to move forward in ANY manner and participate in ANY way

in any attempted foreclosure action referenced above, you will demonstrate

your complicity and willingness to be a party to the COUNTERFEITING,

Alleged Loan Number: 60000 O29 68

PageZ

PERIURY, FORGERY,

MAIL FRAUD, WIRE FRAUD ANd

CONSPIRACY TO DEFRAUD now that you have been noticed and will
become subject

to potential criminal prosecution and civil litigation for

damages. Please be aware that this notification and any complicity to these

crimes or lack of cooperation thereof

will be used as evidence in a court of

law against you.

You have hereby been legally notified

of this fraud and ygur

involvement, whether knowingly or unknowingly, and you therefore may

make no future claim of a lack of knowledge of these criminal activities, and

your participation therein.

It is our intent to pursue any and all legal

remedies against any and all participants regarding these fraudulent criminal

acts. The bonding companies

of those involved will be notified of claims

regarding the civil maffers. Conduct yourself accordingly.

,r*rrTAKE NOTICETs *,t

This is but one part of a substantial nationwide investigation, by law
enforcement, of the mortgage industry and the complicit fraud therein, and is
not sent to you as some kind of scare tactic. This is a very real and serious
matter that is being, and WILL be, pursued with all those who are identified
as being complicit in any fraud being prosecuted to the fullest extent of the

law and civil action taken to recover damages.

Alleged Loan Number: 6000002958

Page 3

Dated this 23'd day of FebruarY, 2015

Isabel Santamaria

effeged Loan Number: 60000A2968

Page 4

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Lth

FORENSIC EXAMII{ATION OF THE

REAL PROPERTY RECORDS AND
THE CIRCUIT COURT RECORDS
OSCEOLA COUNTY, FLORIDA
PART

I OF 2: SECTIONS I - 4

trl

,td

EXAMINATION CONDUCTED BY DK CONSULTANTS LLC

sAN ANTONTO, TEXAS
July 14, 2014 - I)ecember 20,2A14
REPORT ISSUED: December 29,2014

INTRODUCTION
The forensic exarnination of the real property records of Osceola County, Florida

was

commissioned by Armando Ramirez, a duly elected public official with the title of Clerk of the
Circuit Court of Osceola County, Florida. In all times and places within this report, the Clerk of
the Circuit Court shall be hereinafter referred to as "Clerk".

In Florida, the Clerks of the Court have a dual role as both a clerk of the official records (which
contain vital statistics as well as real property records, the focus of this examination) and as
clerks of the circuit courts in the counties which they serve. It is this Clerk's opinion, being
autonomous from legislative and judicial influence, that it is his moral duty to the property
owners of Osceola County to conduct a comprehensive forensic examination of not only his
Court Records but also of his Ofiicial Property Records in light of the ongoing foreclosure crisis.
While the Florida Statutes do not specifically state that among the duties of the Clerks is to be
concerned with the integrity of the records they were elected to maintain, there is nothing in the
Statutes that prohibit the Clerks from engaging the services of examiners to review and
investigate the records as to whether the records violate civil or criminal statutes by virtue of
their submission for recordation or filing with said Clerks. Thus, it appears that the Clerk in
question desired to undertake such a task, believing that the records he was duly elected to
maintain have been compromised as to their integrity. To that end, the Clerk took it upon himself
to investigate and seek out examiners worthy of such a task, a specialty which proffers very few
contenders, and entered into a contract with DK Consultants LLC, a Texas*based limited liability
company, that performs such tasks. DK Consultants LLC did not solicit the Osceola County
Clerk.
By mutual agreement, specific filing dates of June l,2Al2 through Juae l, 2014werc selected as
target filing dates; however, there was nothing prohibiting the examiners from conducting a
forensic examination outside of those target dates if they found probable cause to search outside
of those parameters where alleged criminal violations would apply; such was the case here.

It was the initial

intent of this Clerk to have this forensic examination and investigation

conducted of his records due to the current state of suspect affairs surrountliog certain corporate
entities operating within the United States and the State of Florida that appear to have tainted his
real property and court records with false, misrepresentative and malicious filings that have not
only comprised the integrity of the records he was duly elected to maintain, but also may have
committed crimes against the people of the State of Florida as well as against the real property
owners of Osceola County, Florida. The Clerk therefore contractually retained the examiners to
conduct such an investigation by virhre of a comprehensive forensic examination, which initially
took place between July 14 through July 18, 2014, and continued thereafter until the time the
results of the examination were released in this report. There appears to be probable cause to
believe that criminal activity within both sets of these records did in fact occw.

TABLE OF COI{TENTS
SECTION ONE: OVERVIEW

I. The I)ifference between an Audit and a Forensic Examination

II. Probable Cause

III.

The Basis for the Belief that the Integrity of the Records
has been Compromised

IV. The Basis for the Belief that Criminal Enterprises are Currently Active
in the State of Florida (affecting Osceola Countyo Florida)

V. How Securitization Caused the Evolution of the Criminal Enterprises

15

VI. Summary of the Overview

25

VII. List of Exhibits Referenced in this Forensic Examination Report

28

VI[. List of Witnesses

31

that have Personal Knowledge of Certain Statements

Contained in this Forensic Examination

SECTION TWO: INSIGHTS INTO THE MERS@ SYSTEM

AI\D WHAT IS NOT REVEALED TO THE *BORROWER"

I. The Suspect Issues Behind the Recorded MERS-Originated Mortgages

33

II. MERS

45

use of the

III. Summary

Court System in Osceola County to "Share" in the Spoils

53

SECTION THREE: RECORDATION OF SUSPECT DOCUMENTS

I. Suspect Document Manufacturing Abuses

57

II. Suspect Assignments Violate REMIC Regulations

63

HSBC Bank USA, N.A. u Tbresa Marua... "magically settled"

The More Egregious of the REMIC Behaviors

III.

Use of Shared Computer-Generated Data and Florida's RICO Statute

74

IV. Document Manufacturing Plants Facilitate RICO Issues

76

V. Summary

79

SECTION FOUR: SUSPECT ACTORS EXPOSED AS THE

RESULT OF THIS FORENSIC EXAMINATION
I. The Parties
Ablitt-Scofield
Adorno & Yoss, LP
Albertelli Law
American Home Mortgage Servicing, Inc. (Homeward Residential, Inc.)
Aurora Bank, FSB /Aurora Loan Services, LLC
Bank of America, N.A.
Bank of NewYork Mellon
Bayview Loan Servicing, LLC
Ben-Ezra & Katz, P.A.
Brock & Scott, PLLC
Butler & Hosch, P.A.
Choice Legal Group, P.A.
Citimortgage, Inc.
Clarfield, Okon, Salamone & Pincuso P.L.
Connolly, Geaney,Ablitt & Willard, P.C.
Daniel C. Consuegra
Deutsche Bank National Trust Company
Florida Default Law Group (see Ronald Wolfe)
Florida Foreclosure Attorneys, PLLC

83

157
157
158
89
237

239
72
92
20
160
161

165

255
170
159
172
73

231
176

Gilbert Garcia Group, P.A. (aka Gilbert McGrotty Group, P.A.)

Gladstone Law Group, P.A.
Goldman-S achs (Mortgage Company)
Greenspoon Marder, P.A.
Heller & Zion,L.P.
HSBC Bank USA, N.A.
HSBC Mortgage Services, Inc.
Indecomm Global Services, Inc.
JPMorgan Chase Bank, N.A. (Floridao Texas)
JPMorgan Chase Bank, N.A. (Monroe, LA)
Kahane & Associates, P.A.
Kass Shuler, P.A.
Lender Legal Services, LLC
Lender Processing Services, Inc. @OCX)
Loancare, A Division of FNF Servicing, Inc.

178
179
75
180
184
63

99

256
264
265
185
187

t9t
100

M &T Bank
Marinosci Law Group, P.C.
McCalla Raymer, LLC

102
275
192
198

MERSCORP Holdings, Inc.

33

Morris I Hardwick lWittstaft LLC

200
33
278
103
121
284
288
201
206
207
232
239
208
294
29s
303
303
304
214
216
218

Mortgage Electronic Registration Systems, Inc. ('6MERS')

Nationstar Mortgage
Nationwide Title Clearing, Inc.
Ocwen Loan Servicing, LLC
OneWest Bank, FSB
Orion Financial Group, Inc.
Peirson Patterson, LLP
Pendergast & Morgan, P. A.
Phelan Hallinan, PLC
Quintairos, Prieto, Wood & Boyer, P.A.
ReconTrust Company, N.A. (see Bank of America, N.A.)
Robertson, Anschutz & Schneid, P.L.
Saxon Mortgage Services
Securify Connections, Inc.
Select Portfolio Servicing, Inc.
Selene Finance, LP
Seterus, Inc.
Shapiro, Fishman & Gache, LLP (Ika Shapiro & Fishman)
Smith, Hiatt & Diaz, P.A.
David J. Stern, P. A.
Suntrust Bank
Suntrust Mortgage, Inc.
T. D. Service Company

306

306
307

COMPREHENSIVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA
Lender Legal Services, LLC, 20I East Pine Street, Suite 730, Orlando, FL 32801

Marinosci Law Group, 100 W. Cypress Creek Road, #1045, Fort Lauderdale, FL 33309
McCalla Raymer, LLCr225East Robinson Street, Suite 660, Orlando, FL 32801
Peirson Patterson, LLP,4400 Alpha Road, Dallas, TX75244
Pendergast & Morgan, P. A., 6675 Corporate Center Pkwy., Ste.301, Jacksonville, FL
32216
Phelan Hallinan, PLC, 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309

Quintairos, Prieto, Wood & Boyer, P.A. law firm (255 S Orange Ave., Ste. 900, Orlando, FL
32801-3454

Robertson, Anschutz & Schneid, P.L., 3010 N. Military Trail, Suite 300, Boca Raton, FL
33431

Rutherford Mulhall, P.A., 2600 North Military Trail, 4th Floor, Boca Raton, FL 33431-6348
Shapiro & Fishman,LLP,10004 N. Dale Mabry Highway, Suite 112, Tampa, FL
33622-s018

Smith, Hiatt &Diaz, P.A., P. 0. Box 11438, Fort Lauderdale, FL 33339-1438

David J. Stern, P.A.,900 South Pine Island Road, Suite 400, Plantation, FL33324-3920

Law Offices of Michael Storey, 1380 North Courtenay Parkway Merritt Island, FL 32953
Tripp Scott, P.A., 110 S.E. 6th Street, l5th Floor, Fort Lauderdale, FL 33301
Van Ness Law Firm, PLC, 1239 E. Newport Center Dr., Ste. 110, Deerfield Beach, FL33442

Ward, Damon, Posner, Pheterson & Bleau, P.L.r 4420 Beacon Circle, West Palm Beach, FL
33407

Weltman, Weinberg & Reis Co. L.P.A., 550 W. Cypress Creek Road, Suite 550, Fort Lauderdale, FL 33309

88 of326

COMPREHENSTVE FORENSIC EXAMINATION OF THE

REAL pROpERTy RECORIIS OF OSCEOLA COUNTY, FLORIDA
The Assignment of Mortgage, in effect, resulted
property because Christiana Tfust:

in the apparent improper taking of the

(a.) was taking a property whose mortgage loan was allegedly nonperforming at the time the Assignment was drafted; and

(b.) the issues involving the LPOAwould have negated theAssignment.

Thus, there is probable cause for violation of Florida Criminal Code S S17.535 and Florida
RICO statute violations. See Section,Slx, Case No. 123 (Klein) for a complete analysis.

Marinosci Law Group, P,C.

(MARINOSCI EX. L) CFN#2012050138, electronically recorded on 04-02-2012 (first mortgage, preceded by CFN#2012044448, electronically recorded on 03-28-2012 (second mortgage)

The earlier Assignment (CFN#2012044448; secord mortgage loan) appears to have been relied
upon when Daphne Blum Tako (FBN5162|) filed a Notice of Lis Pendens (CFN#2012162525)
on 11-05-2012 in a foreclosure case against the Defendants, Jose A. Baez Sanchez et al (Case

No.2012 CA4961).
Signors: Jeanine Abramoff and Srbui Muradyan, both claiming to be Assistant Secretaries of
MERS in an alleged Assignment using MERS (as a standalone Assignor; using an address belonging to Metro Detective Agency in Danville, Illinois) to allegedly assign amortgage and note
into a closed Countrywide CWHEQ, Inc. Revolving Home Equity Loan 2007-D REMIC trust
(using an address that appears to belong to Bank of New York Mellon in Chicago, Illinois).
Notary: Violet Thomas-Hicks (California Notary Commission No. 82A527; expired)
Witnesses: Talisha Wallace, Bad Kamyabi (known robosiguor)
The latter Assignment (CFN#2012050138; first mortgage loan) appears to have been relied
upon when Daphne Blum Tako (FBN5l62l) filed a Notice of Lis Pendens (CFN#2012162828)
on 1l-05-2012 in a foreclosure case against the Defendants, Jose A.Baez Sanchez et al (Case
No. 2012 CA4961).
Signors: Amanda Stackhouse and Chester Levings, both claiming to be Assistant Secretaries of
MERS in an alleged Assignment using MERS (as a standalone Assignor; using an Ocala, Florida
address, ignoring MERSCORP policies which prohibit the use of that address after December 6,
2010) into a closed Deutsche Alt-A 2A07-OA4 REMIC trust (using Wells Fargo Bank, N.A.'s
Master Servicer address in Columbia, Maryland).
Notary: Cynthia R. Goldbeck (California Notary Commission No. 1808746; expired)
Witnesses: Beverly Brooks, Rene Rosales
192 of326

COMPREHENSTVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA
There are multiple issues with these Assignments as they relate to the current case file, to wit:

(l)

The Assignments of Mortgage contain scribbled signatures of all of the signors

executing the document, a marker of document robosigning;

(2) The Assignments of Mortgage contain rubber-stamped names, titles and dates,
common markers of document manufacturing (sped-up document processing);
(3) False and misrepresentative addresses for BOTH Assignor and Assignee;
(a) The documents were prepared by Bank ofAmerica employees without the
purview of the signors of the documents; thus, they lacked personal knowledge
of the alleged details contained within the documents;

(5) The documents were certified by the Notaries under penalty of perjury under the
laws of the State of California;
(6) MERS, as party of the first part does NOT have an interest in the Note; thus, it
cannot transfer something it does not have an interest in. It can only transfer the
Mortgage; thus, there is an issue with bifurcation, which is in conflict with the
Florida Courts'assumption that the Mortgage allegedly "follows"the Note and
does not precede it;
(7) The allegedNote proffered as an exhibit to the Complaint shows rwo (2)
indorsements. The first appears to have been affixed by employees of Bank of
America's ReconTrust unit (the Laurie Meder stamp) showing an eodorsement
from Countrywide Bank, FSB to Countrywide Home Loans,Inc. The second
stamp is an indorsement-in-blank from Countrywide Home Loans, Inc. (using
the stamp naming Michele Sjolander, whose deposition is included as a USB
Exhibit to this report), who may have not personally affrxed this stamp to the
Note. Both endorsements were undated; thus, there is no demonstration of when
effective transfer of the Note and Mortgage occurred; and
(8) The tansfers, as recorded in the real property records of Osceola County, Florida
are void because the effective date of the transfers needed to occur in2007 and not
2012, in violation of both REMIC trust's Pooling and ServicingAgreements.

Thus, without the dates proving effective transfer of the Note in either instance (the second
mortgage was not shown, yet there appears a separate claimant not named in the Complaint
here), there are issues with standing to bring a foreclosure action. In light of the two misrepresentative Assignments, there is probable cause to believe that at least two violations of Florida
Criminal Code Section 817.535 have occurred.
193 of 326

COMPREHENSTVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RE,CORDS OF OSCEOLA COTNITY, FLORIDA

It further appears that Karen A. Green (F8N628875) is also involved with this case, to which the
pendency is still showing as active with a status hearing set for December 3,2014.
(MARINOSCI EX.2) CFN#20l2ll65ll, recorded by presentment on 09-09-2012
In this apparent Marinosci Law Group manufactured document, it appears that Bank of America,
N.A. (as successorby merger to BAC Home Loans Servicing, LPF/WA Countrywide Home
Loans Servicing, LP; using an old address belonging to Countrywide, now belonging to Bank of
New York Mellon) employees were directed to execute an Assignment of Mortgage prepared by
Marinosci Law Group in favor of HSBC Bank USA, N.A. as Trustee for a closed Deutsche Bank
Alt-A Securities 2006-0A1 trust (using a NY, NY address for the trust).
Signor: Lewis Wilson (purporting to be an Assistant Vice President)
Notary: LaSena Harvill (Texas Notary Commission expires 05-25-2015; still valid)
Witnesses: Myeisha Lofton, Edwin Hill
Issues: This Assignment follows a previously-recorded Bank of America-generated Assignment
of Mortgage (CFN#2011143239) on 10-13-2011 wherein Bank of America employees (using a
Columbia, Maryland address that doesn't appear to be valid) used MERS (as Assignor; with an
address in Ocala, Florida that violates MERSCOM's own policies), to self-assign a mortgage to
one of its subsidiaries, BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP. On July 26, 2A12, Marinosci, by and through its afforney Matthew Slowik (FBN92553), filed a Notice of Lis Pendens in conjunction with the creation of the foregoing firstnoted Assignment which the Marinosci Law Group itself created for the purposes of effectuating
a foreclosure in the name of the Plaintiff trust against Kissimmee residents Awilda Molfulleda
and Carlos Simons. The series of a self-assignment and an attorney-directed assignment is suspect for F.C.C. 817.535 and RICO violations.

(MARINOSCI EX. 3)

N#2012 138820, recorded by presentment on 09-25-2012

In this apparent Marinosci Law Group manufactured document, it appears that Bank of America,
CF.

N.A. (as successor by merger to BAC Home Loans Servicing, LP

F/M

Countrywide Home
Loans Servicing, LP; using an old address belonging to Countrywide, now belonging to Bank of
New York Mellon) employees were directed to execute an Assignment of Mortgage prepared by
Marinosci Law Group in favor of HSBC Bank USA, N.A. as Trustee for a closed Deutsche Bank
Alt-A Securities 2006-0A1 trust (this time using a Buffalo, NY address for the trust).
Signor: Robert Scott Moran (purporting to be an Assistant Vice President)
Notary: James L.Zurlis (Texas Notary Recommission expires 01-28-2017; still valid)
Witnesses: Ricky Trent Bolds, KevinAnthony Middleton
Issues: This Assignment preceded the fling of a Notice of Lis Pendens of a Complaint to Foreclose by the Marinosci Law Group (Case No. 2012 CA 4960) against Ramon L. Snachez of
Kissimmee. A Final Judgment of Foreclosure was issued in this case and the property u,as sold
to HSBC as Trustee, showing a New York, New York address (not a Buffalo, NY address as before). A Certificate of Title was recorded as CFN#2014129706.

194 of 326

COMPREHENSIYE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA
(MARINOSCI EX. 4) CFN#2012138868, recorded by presentment on09-25-2012
In this apparent Marinosci Law Group manufactured document, it appears that Bank ofAmerica,
N.A. (as successor by merger to BAC Home Loans Servicing, LP F/K/A Countrywide Home
Loans Servicing, LP; using an old address belonging to Countrywide, now belonging to Bank of
New York Mellon) employees were directed to execute an Assignment of Mortgage prepared by
Marinosci Law Group in favor of HSBC Bank USA, N.A. as Trustee for a closed Deutsche Bank
Alt-A Securities 2007-OAl trust (using a Buffalo, NY address for the trust).
Signor: Kevin Anthony Middleton (purporting to be an Assistant Vice President; a noted witness
on the previous Marinosci-directed Assignment)
Notary: Maxine P. Luster (Texas Notary Recommission expires Al-23-2018; still valid)
Witnesses: Robert Scott Moran, noted signor on the previous Marinosci-directed Assignment;
Kimberly Tetta Sumrall (known robosignor for Bank of America)
Issues: This Assignment follows a previously-recorded Bank of America-generated Assignment
of Mortgage (CFN#20t1106273) on 08-04-2011 wherein Bank of America employees (using a
Columbia, Maryland address that belongs to Wells Fargo Bank as Master Servicer for thousands
of REMIC trusts) used MERS (as Assignor; with an address in Ocala, Florida that violates
MERSCORP'S own policies), to self-assign a mortgage to one of its subsidiaries, BAC Home
Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP. The series of a self-assignment and an attorney-directed assignment is suspect for F.C.C. 817.535 and RICO violations.
The trust (through Security Connections, Inc. in Idaho, filed a Satisfaction of Mortgage on the
properfy on 05-08-2014 as CFN#2014064258; see Security Connections heading for details on
this Release of Lien. This may have been as the result of the sale of the home in order to retire
the issues with the lien.

EXAMINER'S NOTES: In all three of the foregoing Marinosci instances, there are common denominators prevalent, to wit:
(L) The assignments all appear to have been manufactured by Marinosci Law
Group employees (attorney supervision unknown);
(2)

Atl of the key assignments here were filed at the direction of Marinosci Law,

following precedent assignments wherein Bank of America, N.A. used MERS to

self-assign the documents in-housel
(3) There are numerous document manufacturing markers common to all three (3)
Assignments (i.e. '6fill in the blank template forms", "interchangeability of signors",
etc.); and
(4)

All three notaries signing the key assignments all have

$71500 bonds

that the

State of Florida can file a claim against, especially in tight of criminal allegations.

795 of 326

COMPREHENSIVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA
(MARINOSCI EX. 5) CFN#2013000186, recorded by presentment on 01-02-2013
Bank of America, N.A. employees appear to have manufactured an assignment of mortgage using MERS as nominee for defunct Countrywide Home Loans, Inc. (using Metro Detective
Agency's address in Danville, Illinois) to attempt assignment to a closed CWHEQ, Inc.20O6S10 REMIC trust. Corelogic's computer system appears to have been used as part of the digital
information highway to relay hearsay information amongst the parties. Several robosigning and
document manufacturing markers present. Keith Lehman (F8N85111) appears to have electronically filed a Notice of Lis Pendens (CFR#2014033371; Case No. 2014-CA-0596) on behalf of
Bank of America, whose interests do not match what is on the assignment (the trust allegedly
owns the note, not Bank of America). A previously-recorded (electronically filed on May 2,
2012) assignment (CFN#2012065786) shows Bank of America employees again using MERS
(standalone)'s Metro Detective Agency address in Danville, Illinois to convey to self-assign the
mortgage to Bank of America, N.A. (using a Freddie Mac address of 8609 Westwood Center
Drive, Vienna, YA,22182-2215; (703) 760-2000). Thus, it appears that Freddie Mac may have an
unrecorded interest in the property, which funher subjects the property belonging to Jose and
Lisa Galloway to further issues with their chain of title and to potential double liability. BOTH
Freddie Mac and the Trust cannot own the same note and the trust is closed, so how could it accept a non-performing loan? The court records indicate the case is still pending; however, the
manufactured documents do not indicate that Bank of America, N.A. may have standing to foreclose and that Bank of New York Mellon as Trustee (which does not have standing either as it
does not possess ownership eitheq has to explain how Bank of America owns the note that has
allegedly been conveyed into a non-performing trust. It appears that Keith Lehman (F8N85111)
frled a Complaint of Foreclosure on behalf of Marinosci Law Group (Case No. 2014 CA 0596)
on behalf of Bank of America, N.A. (v. Jose A. Galloway, Jr. et al); the case file is attached.

(MARINOSCI EX. 6; CFN#20f4033371). The REMIC trust also appears to have filed an Answer and Petition to Share in the Surplus of the Sa1e, yet this Assignment of Mortgage shows that
Bank of America employees transferred the mortgage into the closed trust, a year before the Notice of Lis Pendens was filed. Whatever the case, it appears that the law firm relied on the information contained in the Assignment and instead named the trust as a Defendant, even though
the information in the Assignment said otherwise, presenting suspect issues for consideration,

(MARINOSCI EX. 7) CFN#2013004439, recorded by presentment on 01-09-2013

The Marinosci Law Group, P.C. directed that this document be retumed to the law firm after
recording despite directions in the heading of the document to retum it to Bill Koch at Select
Portfolio Servicing, Inc. ("'SPS") The document purports to assign the mortgage using MERS as
nominee for then-defunct Accredited l{ome Lenders, Inc. c/o SPS at its Salt Lake City address.
The document purports to assign the mortgage (but not specifically the Note) to U. S. Bank, N.A.
as Trustee for a closed 2005-3 REMIC trust.

196 of 326

COMPREHENSIVE FORENSIC EXAMNATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY FLORIDA
The signer of the document, Greg Ott, claims to be signing as Vice President for MERS, yet
there is no additional language to indicate the Assignor's fuIl identity or nominee status above
Ott's signature, which is scribbled, another marker of robosigning.
Notary: Kyle J. Stemer (Utah Notary Commission#659205)
Witnesses: Luisa Alfonso, Ana Novakovich (names rubber stamped below their signatures)
Issues: The document contains manufacturing markers and small, type-wriften print at the bottom
of the document indicative of template use. The filing of this document appears to have been
used in tandem with the foreclosure action coilrmenced against the property of Darryn and
Melinda Crist of Saint Cloud, Florida. The Notice of Lis Pendens was filed by Nazieh Zeheer
(Florida Bar #92172) on behalf of the law firm on June 4, 2013 (Case No. 2013 CA 2156;
CFN#2013008256). Co-counsel for U. S. Bank was Wendy S. Griffith from Pearson Bitman,
LLP of Maitland, Florida. Final judgment of foreclosure was rendered on April 14, 20T4 by Circuit Judge Miller (CFN#2014054800; filed 04-21-2014). The property was later sold and
Certificate of Title issued to American Residential Leasing, LLC of Scottsdale, Arizona
(CFN#201 4107 317 ; filed 07-29 -2014).
There is reason to believe that U. S. Bank never received the paperwork in compliance with the
PSA and thus did not own the note with the right to enforce it in Court. It should also be noted
here that it took two (2) Iaw firm's participation to argue this case for the Plaintiff

(MARINOSCI EX. 8) CFN#2013172867, recorded by presentment on 11-04-2013

This Notice of Lis Pendens (Case No. 2013 CA3775 MF) was filed following the recordation of
an Assignment of Mortgage prepared by Bank of America, N.A. and executed by its employees
(most of them known robosignors in Ventura County, California) on March 16,2012 and recorded as CFN#2012040499 on A3 -22-2012.

The entire document package was procured for review and supplemental items are attached to
this Exhibit as previously noted at the beginning of this document review. The Verified Complaint was filed by Nazish Zaheer (FBN92l72), which appears to have relied on the Assignment,
previously filed as noted. America's Wholesale Lender ("AWL") is named as the Original Mortgagee in the Assignment; however, even though it appears that Bank of America, N.A. employees are utilizing MERS as a "standalone assignor". This presents certain issues discussed below,
to wit:

(I)

The Assignment is from MERS (not as nominee for anyone); however, America's
Wholesale Lender is listed and the attached case from Seminole Counry Florida,
where it appears that Osceola County, Florida Judge Robert Pleus also presides, has
ruled in the case of Bank of America, N.A. u Nash (Case No. 2011 CA 4389) that

AWL was not registered to do business in the State of Florida, the original
mortgage was invalid. This a copy of the case is attached as part of this Exhibit
because

package;

197 of326

COMPREHENSIYE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OT OSCEOLA COUNTY, FLORIDA
Select Portfolio Servicing. Inc.

$alt Lake Citv. Utah)

Select Portfolio Servicing, Inc. (hereinafter "SPS") is another servicer who appears to have "long
arms" when it comes to alleged Limited Powers of Attomey or in the alternative, uses LPOA's in
its claims of foreclosure when in fact, such LPOA's may in fact, NOT exist. Thus, the Examiner

believes that in every foreclosure instance involving this entity,

leged, then this must be verified.

if attorney in fact status is al-

EX. 1) CFN#2013004439, recorded by presentment on 01-09-2013

SPS signers used MERS as nominee for defunct (2009) Accredited Home Lenders, Inc. to
assign mortgage to a closed 2005-3 REMIC trustl prepared by someone other than signers.
Prepared by: Bill Koch (alleged employee of SPS) under the direction of Marinosci Law
Group for what appears to be an intent to effectuate a foreclosure complaint.
Signor: Greg Ott, who claims to be a Vice President of MERS, as nominee for the defunct
2009 corporationl using SPS's Salt Lake City address to misrepresent the true address of
the defunct lender
Notary: KyIe J. Sterner (Utah Notary Commission No. 659205; still active)
Witnesses: Luisa Alfonsoo Ana Novakovich
Issues: Robosigned (scribbled) signatures; rubber stampsl direction of Florida law firm;
prepared by a third-party who may have relied on hearsay third-party information in the
preparation of the document.
(SPS

Selene Finance,LP

(SELENE EX. 1) CFN#2013000046, electronically filed on 01-02-2013

This entity (apparently manufacturing a document to benefit a third-party debt collector)
appears to have attempted assignment using MERS as nominee for Decision One Mortgage
Company, LLC (not as attorney-in-fact) to assign a mortgage to Consumer Solutions, LLC.
Consumer Solutions however, filed a Notice of Lis Pendens (Case No. 2009-CA-0845;
CFN#2009020508). To add more confusion to the scenario, Selene Finance LP also caused
an assignment to be prepared and liled as CFN#2012135630, which attempted to convey
the mortgage from MERS as nominee for Decision One to its own closed RMOF REO 2011,1 Tiust. How then could Selene turn around and reconvey a "trust" interest outside of the
PSA to Consumer Solutions, who filed suit in 2009 against Camilo and Isabel Valdera,
when in fact, it didn't allegedly own the note until 2013? The attempted foreclosure proceeding was dismissed; however, the intent was to record a series of manufactured assignments to prove an interest to be able to foreclose.

303 of326

COMPRE,HENSTVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COT]NTY, f,'LORIDA
V.

Attorney Opinion Statement of Jennifer Englert, The Orlando Law Group, P.A.

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December 28,2014
Armando Ramirez
Clerk of the Circuit Court
Osceola County, Florida
2 Courthouse Square
Kissimmee, Florida 347 4I
Dear Mr. Ramirez:

I have been a member of the Florida Bar since 1999. I have defended over one hundred home
owners in foreclosure matters and I have seen first-hand how the banks and their servicers have
harmed home owners in

Florida. I have taken foreclosure

cases to

trial in Osceola County.

I have been following the actions ofAttorneys General of other states with interest to see if they
will take any action against those taking homes without the proper paperwork in place. Further, I
have been following any cases that address foreclosures to see if there is any relief for homeowners.

While there has not been much in Florida in the way of legislation to assist homeowners in foreclosure matters there are indications and the Legislature does want foreclosures to be done honestly.

Rule 1.1 10(b), Florida Rule of Civil procedures was amended to require verification of mortgage
foreclosure complaints involving residential real property. The primary pu{pose of this amendment is clearly to provide incentive for the plaintiff to appropriately investigate and veriff its
ownership of the note and the ability to foreclose on it. It also shows the need to conserve judicial resources that are currently being wasted on inappropriate foreclosures and to avoid harm to
defendants resulting from suits brought by plaintiffs not entitled to enforce the note.

409

of 412

COMPREHENSIVE FORENSIC EXAMINATION OF' THE

REAL PROPERTY RECORDS OF OSCEOLA COUI{TX FLORIDA
Rule 1.110(b) requires a clean, plain statement of accuracy by the person who actually verifies
the truth of the claims made, and who is identified as being in a position to actually do so. It
would seem that the investigation set forth in the report illustrates many cases in Osceola County
alone where the individuals who verified Complaints and supporting affrdavits were not qualified
to do so or lacked the pertinent knowledge to do so. This alone warrants further investigation.
Throughout the report the Examiner found a clear pattern where "users" of the MERS@ System
it to benefit corresponding (originating) lenders, interim funding lenders and warehouse aggregate lenders, who make use of investor money through the pass-through exchange without
perfecting the transactions in a timely fashion. Borrowers as well as the applicable government
regulatory agencies were unaware notes and mortgages would be converted into image files, to
be manipulated and traded within the MERS@ System so that no one would know their ultimate
path (or whether the loans were fractionalized over multiple trust pools in deviation of GAAP) in
the securitization system. MERS appears to have been utilized in RICO-style fashion to cover
up the chain of title to make it "fit" into a pattern where the real property records were used to
show the path of the mortgage, while the bearer paper (manufactured and manipulated by computer) has been used as evidence in court time after time to foreclose on homeowners. In no other litigation scenario has such unreliable evidence been used on such a regular basis.
used

Unfortunately members of the bar have been complicit in the efforts of MERS and its users. I
am sure the reader is aware of the several attorneys and law firms which have been disciplined
and closed due to their behavior in foreciosure litigation as well as the abatement of fbreclosure
cases due to their behavior. In my fifteen years as a bar member this is unprecedented.

As someone who has dealt with these firms for the past five years I can say that many do their
best to hide discovery document, sell notes prior to trial and do whatever else they can to keep
defense attorneys from being able to talk to needed witnesses and review the pertinent documents until trial. As Judges have mandates to move these cases along, continuances to get the
needed information are virnrally non-existent.
The attached report exists to bring light to the abuses of MERS and the court system to irnproperly foreclose on homeowners. The Examiner found evidence of several statutory violations
which will be outlines in the remainder of my letter.

First, in order to perpetuate the scheme of robo-signing and the creation of false affidavits, Florida Stafute $ 817.15 was violated in that false entries were made to add corporate officers to the
books of banks and servicers with intent to defraud which is a felony of the third degree. These
false entries were to create new officers so that they could sign assignments and other documents
to allow foreclosures to sail through. Creating false officers also violates Florida Statutes
$817.155 and $817.16.

410

ot 412

COMPREHENSIVE FORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COUNTY F'LORIDA
These statutory violations are minor compared to the actions the "fraudulent offrcers" perpetrated. Ahighlight of the report is violations of $ 817.535 of the Florida Statutes which prohibits
filing of false documents or records against real or personal property.A person who files or directs a filer to file false documents with the intent to defraud or harass another commits a felony
of the third degree. Repeating this act is a tblony of the second degree.
There are also obvious civil penalties which could be addressed with the findings of any criminal
investigation which would be a further deterrent to this type of behavior.

The report includes many examples of fraudulent documents which purport to claim under oath
that the signor had personal knowledge of the facts attested therein which contained false and
misrepresentative information with the intent to deprive the property owner of their property in
violation. The "MERS@ System" then utilized fraudulent documents to manipulate data in thirdparfy computer software platforms generated and utilized by document manufacturing plants and
foreclosure mill law firms to create, manufacture and file documents containing questionable and
potentially false and misrepresentative information under the direction of the servicers and title
companies to bring fiaud on the court.
These actions also consist of forgery in violation of Florida Statutes $ 831.01 as MERS, the
banks and servicing companies lalsely made, altered and counterfeited thousands of public
records, in matter wherein such certificate, return or attestation was received as legal proof; with
intent to injure or defraud any person, which is a felony of the third degree. By publishing the
forged instruments including false deeds, instruments or other writings mentioned in $ 831.01
knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud
employees of MERS, its users and the applicable law firms were guilty of a felony of the third
degree in violation of $ 831.02.

The report also outlined statutory violations pursuant to $ 117 .105 for all the evidence of false
and fraudulent notary work based on false acknowledgment on the written instrument which are
each felonies of the third degree.

It is clear in the report there is vast evidence of violations of several Florida criminal statutes by
MERS, its users and some law firm personnel. From there it is easy to establish under R[CO,
Florida Statute $ 895, an "Enterprise" (a corporation, business trust, or other legal entity) engaged in a "pattern of racketeering activiry" (at least two incidents of racketeering conduct that
have the same or similar intents, results, accomplices, victims, or methods of commission or that
otherwise are interrelated by distinguishing characteristics and are not isolated incidents.) The
Examiner has documented several hundred pages of incidents where documents were falsely created in order to foreclose on homeowners which is a clear pattern of activity. The sole purpose
of generating the documents was to have "evidence" to use in a Court of law at summary judgment and trial.

411

of 412

COMPREHENSIVE F'ORENSIC EXAMINATION OF THE

REAL PROPERTY RECORDS OF OSCEOLA COT]NTY, FLORIDA

It is practically

impossible to poke holes in these documents as they are verified by witnesses

who clearly had no role in creating them who simply testiff that according to a computer system
they can see in their office the documents are genuine.

As a member of the Bar I do hope that action is taken against the manufacturers of false documents as they have been so extensively used to the detriment of so many citizens in our Courts.
Had these documents not been so easily available then there would not have been nearly as many
foreclosure cases which cluttered dockets and prevented so many from getting a fair trial. All of
this is incongruous with our legal system.

Sincerely,
Jennifer A. Englert, Esq.

412

of 412

December 2,2413
Federal Bureau of lnvestigation
5525 West Gray Street
Tampa, FL 33609
Phone: (813) 253*1000
RE: Securities Counterfeit Crime

Abdiel Echeverria
lsabel Santamaria
499 CelliniAve NE
Palm Bay, FL 32907

r. {'l.}

d,,

ar'{

nr'l

Dear Sir/Madam,

We believe that we are the victims of an ongoing crime regarding the foreclosure
action on property that I own. We were notified that foreclosure proceedings
have been initiated on our property located at 499 CelliniAve NE, Palm Bav,
Florida 32907 and believe there is substantialsecurities fraud as well as other
crimes that have occurred or are occurring at the present time.
On Augustz,2011, we first notified the FBI about this crime via email. After this
initial email, we soon discovered more ongoing criminal activity.

After spending time studying financial matters, the law, and making inquiries of,
and having discussions with, knowledgeable persons regarding the origination of
the purported loan on the property and after having a forensic audit conducted on
the subject loan; we have discovered that there has been, what certainly appears
to be, a counterfeit copy of the Mortgage Note presented as proof of claim by a
certain group of people, including, but not limited to, agents of the mortgage
company Bank of America and attorneys working with them.
We believe there is a conspiracy for quite some time to take our property
unlawfully through foreclosure using counterfeit securities as evidence of a
purported debt and believe there are multiple individuals involved in this crime.
We have made demands that the individuals involved provide proof of their claim
through the presentation, for our inspection, of the original documents signed at
closing as evidence that they are, in fact, the holder in due course of the
purported obligation. They have refused to do so and instead have only made a
forged "copy" of the documents allegedly signed at closing available for
inspection.
-1-

Tlese copies are, in fact, "counterfeit securities" as described under 18 U.S.C.

$

474 and in the documentation accompanying this letter, and multiple persons
have been, or are currently, in possession of multiple copies of said counterfeit
securities. We believe the "original" wet ink signature documents (securities)
have been bundled and sold for profit and are not able to be produced as
required by law and this is fraud being committed to steal my property through
the counterfeiting of securities.

Attached to this letter is a certified 'Assignment of Mortgage" copy of the

fraudulent document containing forgeries created on July 18,2A11 and filed in
the Brevard Clerk of Courts on July 20,2011 that has been provided as proof in
this maffer. Please also find attached a COPY of our Note endorsed by Erla
Carter-Shaw, a known robo-signer and other signatures for comparison. This
document (securities) has been illegally counterfeited and continuously scanned
as a legitimate document which it is not. lt is obvious it does not meet the
requirements under 18 U.S.C: $ 474 as a "copy" of a security and is therefore a
counterfeit securitv presented as evidence to attempt to defraud us. We also
believe that this activity has occuned through communications across state lines
and we strongly believe it falls under RICO statute violations as a result.
Accompanying this letter and attachment is much more comprehensive
information with substantial legal citations of what appears to be happening in
this case. lt appears that this is not, by any means, an isolated situation. We
believe it is your responsibilitv and dutv to investigate this criminal matter,
immediately and completely, to identify those involved, gather evidence, and
pursue whatever criminal charges may be appropriate against the individuals and
entities named herein. We trust that you will take the appropriate measures in
investigating this ongoing crime.
We fully understand that any action that would need to be taken by me to make
any claims for damages are a civil matter and would have to be litigated
separately in court by me. This information is provided to you to make you aware
of a crime in progress and give you a background as to what is happening so you
may move fonruard in your investigation more rapidly.
We will gladly provide any and all assistance to assist you in your investigation of
this matter including additional documents andlor information that you may
request. Other offices of your agency in other parts of the country are already
aware, or are being made aware, of similar activities in their respective regions. I
believe this is a systemic situation and I am not, by any means, the only victim of
this kind of fraud.

-2-

We truly appreciate your cooperation in this matter'

$incerely,

Abdiel Echeveria

lsabel Santamaria

-J-

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