Defrauded Nations

The Mortgage Crisis Exposed

For those of you wanting to fight back from the illegal foreclosure attempts this is for you.
This can be applied to most every Countrywide loan so do your research and pull a title report.

You can by law, if you can validate that a legal beneficiary or trustee does not exist to enact a foreclosure making any foreclosure attempts VOID. You must find a title company willing to help you prepare an assignment of Trustee and Deed of Reconveyance. We have access to such companies in CA, but you must be willing to follow through and have legal council prepared to defend this as they will try to lay false claims against you. Once you have done this you can record a rescission of the NOD and TS, but make sure you recite in detail your clams. Here is an example of a Countrywide Mers Bofa transfer that for the most part follow the same path as this one did. So on the recession this is what was stated….

CC 2924(g)(d) prevents foreclosure sales from happening following a dismissal of an action brought by the borrower. There is a private right of action implied in CC § 2924(g)(d), as it would be rendered useless without one. No recorded assignment of trustee can legally exist under (ii) 2934a(1)(A) assigning _______________________xyz law firm , to act as a legitimate trustee by MERS.

Further, beneficiary assignments recorded by Bank of America to Bank of America would call into question the authenticity of a Robo signed document transferring “all beneficiary interests” of State suspended beneficiary MERS of alleged security instrument, with no “For valuable consideration” to Bank of America upon an invalid Trust Deed Assignment. No secure obligation in favor of MERS currently can exist under these circumstances. Therefore let this hereby serve as notice - a public recorded declaration has been made and said trustee sale is INVALID therefore dismissed, rescinded, null and void. See U.S. Bank v. Cantartzoglou, 2013 WL 443771 (Cal. App. Div. Super. Ct. Feb. 1, 2013) See Tang v. Bank of Am., N.A., 2012 WL 960373 (C.D. Cal.Mar. 19, 2012) Patel v. U.S. Bank
, 2013 WL 3770836 (N.D. Cal. July 16, 2013)

See: Attachment A – extinguished trust
GOVERNMENT CODE SECTION 27201 (a) State/Federal Laws- Statutes/Ordinances

WHEARAS, (Owner) _______________ as the Original Trustor, the original lender as Countrywide Bank FSB, the original Trustee ReconTrust and Mortgage Electronic Registration Systems Inc (“MERS”) as the Original beneficiary, under that certain Deed of Trust and recorded Dated: __________as Instrument No as Docket No. __________ Dated: _________, inclusive of the Legal Description ____________________________ Official Records of the County of Riverside, State of California

WHEREAS, MERS as beneficiary was suspended by the CA Secretary of State and the Franchise Tax Board (2002-2010 MERS loans were deemed void). Both the lender Countrywide Bank FSB and Recon Trust are dissolved. By operation of law these instruments are extinguished.

WHERAS, (Owner) _______________ , as acting Trustee as recorded on ______ DOC# 2015-0143352, reconveyed said note per operation of law as the recorded instrument was nunc pro tunc, extinguished null and void. The Bifurcated Countrywide Promissory Note was fully discharged on ________ filing (Chapter 7 BK filing) ________ and no evidence of proper securitization can be brought forth to substantiate a claim.

WHERAS, The Countrywide loan has been identified as the same 100% predicate in default negative amortization loan (stated income pay option arm) admitted to the California Attorney General to be in violation of State and Federal laws. See People of the State of California v. COUNTRYWIDE Financial Corporations, et al Stipulated Judgment and Injunction Complaint No. LC083076, Superior Court of the State of California, County of Los Angeles, Northwest District (2008) (“COUNTRYWIDE Stipulated Judgment”). Sarkar v. World Savings FSB, 2014 WL 457901 (N.D. Cal. Jan. 31, 2014)

WHEREAS, (ii) 2934a(1)(A) says “all beneficiaries” must execute the Substitution of Trustee (the applicable California law when a lender seeks to substitute the trustee and pursue a foreclosure sale), and the substitution of trustee document must be RECORDED to be effective, if not, the resulting sale is VOID. No such document exists on county record to assign; _________________, trustee on behalf of the Trust as “Substitute Trustee” by the “beneficiary” MERS… all acting, interestingly enough, without the following awareness.:

WHEREAS Bank of America prepared an assignment of Deed with a known robo signer acting on behalf of Mortgage Electronic Registration Systems, Inc. recorded DOC#_____________ with “all beneficial interests” and NO “for value consideration” as the loan was not attached ie no value. A legal beneficiary would have transferred an abandoned Deed the security trust, however this transfer evidences a transfer to Bank of America the “servicer” with “ALL beneficiary interest” thereby transferring to Bank of America prepared by Bank of America naming themselves as the new Beneficiary under a regular Deed of Trust transfer with no “For Valuable Consideration”.

WHEREAS Bank of America, the “servicer” altered a Corporation Assignment of Deed of Trust/Mortgage and recorded a Corporation Deed Transfer to HSBC Bank USA, National Association, as Trustee for the “Holders” of the Deutsche Alt-A Securities, Inc Mortgage Loan Trust, Mortgage Pass-though Certificates Series ________. Doc# ___________. A “Holder” is not a “Trust”. No “Actual” transfer into above trust exists. It is not only beyond the 90 day pooling and servicing agreements of a legitimate security trust to be able to do so, said was terminated/suspended swapped out in 2008 rendering it nunc pro tunc, extinguished null and void to the point where it can no longer be placed into the trust extinguishing all beneficiary interests to the trust. Cheung v. Wells Fargo Bank, N.A., 987 F. Supp. 2d 972 (N.D. Cal. 2013). Further Said Trust was utilized for the purpose of issuing pass through certificates attached to the manipulated LIBOR Index evidenced at on the trusts recorded prospectus. “Contains 2007-0A4 enter”. Therefor said trust became the property of unknown “holders” having non-claimable beneficiary “desires of interest”. These recorded Documents evidencing these events, renders any sale action against this property void therefore tender is no longer required. Aniel v. Aurora Loan Servs., LLC, 550 F. App’x 416 (9th Cir. 2013), Engler v. ReconTrust Co., 2013 WL 6815013 (C.D. Cal. Dec. 20, 2013)CC § 2934a(a)(1)

WHERAS, In 2010 Dodd-Frank Act was enacted to bar traders from intentionally interfering with the “orderly execution” of transactions that determine settlement prices. 7 U.S.C. § 9 (2012) Prohibition regarding manipulation and false information. Wall Street Reform and Consumer Protection Act (Dodd-Frank), Pub. L. No. 111-203, tit.VII (2010) Title 17 : §240.3a67-8 (c).

WHERAS, Evidence of a 10k report filed for larger entities over 300 persons existed after the termination or suspension recorded attached hereto. This is a recordation of a Termination of Registration under Section 12(g) of the Securities Exchange Act of 1934, per 17 CFR 240.12g-4 (b) If the suspension resulted from the issuer's merger into, or consolidation with, another issuer or issuers, the certification shall be filed by the successor issuer. Identified in the pooling and servicing agreement as Certificate Swap Out Agreement Schedule. The Certificate Swap Agreement, dated as of __________________,was between HSBC Bank USA, National Association, as trustee, as trustee on behalf of the Supplemental Interest Trust, and the Certificate Swap Provider, together with any schedules, confirmations or other agreements relating thereto provided only “upon request”.

WHEREAS, The MERS Member Identification number referenced herein as MIN NO: 1001337-0002108190-9 documents the MERS member 1001337 as Countrywide Bank, FSB and further documents an unidentified pass-through loan number 0002108190 tendering loan number __________________ as recorded on DOC # _________________. Recession was exercised under 2941 sub (b)(1)(A-C) upon discovery of the un-securitized instrument and additional verification of its lack of legality upon inception. It would be Inequitable to demand additional tender. Moya v. CitiMortgage, Inc., 2014 WL 1344677 (S.D. Cal. Mar. 28, 2014):Rigali v. OneWest Bank, No. CV10-0083 (Cal. Super. Ct. San Luis Obispo Co. Feb. 14, 2013)

WHEREAS, The nunc pro tunc loans acceleration date is clearly outlined in the first HSBC / Recon Trust Notice of Default which identified the loans DUE DATE aka acceleration date as dated _________. Doc ____________ dated ________,. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS (2002) § 3-118. STATUTE OF LIMITATIONS. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. No legal standing to foreclose exists making the recording of a Notice of Trustee Sale, in violation of PENAL CODE SECTIONS 470-483.5

WHEREAS CC 2923.5 Claim Unavailable if Servicer Rescinds NOD Doc#2014-0188942. Thereby nullifying Doc#___________________. And since this issue is currently in litigation… Pfeifer v. Countrywide Home Loans, 211 Cal. App. 4th 1250 (2012) it would be inequitable to require tender where the circumstances being litigated for fraud claims of not only the validity of the note and lack of securitization, but for potential RICO claims still within statue to bring forth. Williams v. Wells Fargo Bank, N.A., 2014 WL 4809205 (N.D. Cal. Sept. 25, 2014) for attempts to further collect in penalties in interest matching the fair market value of the home going beyond mere breach of contract.

WHEREAS, under TILA Section 131(f)(2) evidence of a securitized trust does not exists. The SEC Trust the Nunc Pro Tunc Pre-Bifurcated loan was placed into attached “Terminated/Suspended” REMIC trust without the deed. Said REMIC trust was used to commit securities fraud prior to being “swapped out” in a trust refinance attached to the manipulated ISDAfix index, fully extinguishing the security instrument prior to deed transfer after said REMIC distributed certificates attached to the manipulated LIBOR index. Operation of Law violations: Civil code 1689.2, Civil code 1689 (b)(5), and Civil Code§ 1962(a). Termination and or/suspended REMIC in 2008 (attached Certification and Notice of Termination of Registration under Section 12(g) of the Securities Exchange Act of 1934). Operation of Law extinguishment the Deed CCP 1688. A terminated/swapped out trust nullifies the transaction, extinguished the note, and forever disables the ability to fully consummate a legal transaction. Thus the SEC cannot enforce the “tender” Rule pursuant to 14d-10 under the Securities Exchange Act 1934. See: Lerro v. Quaker Oats Co., 84 F. 3d 239(7th Cir. 1996).

WHEREAS, under TILA1635 (f) (3) consummation never took place thereby extinguishing the seven-year rescinded instrument by OPERATION OF FEDERAL LAW. Jesinoski v. Countrywide Home Loans, Inc 729 F. 3d 1092 - Court of Appeals, 8th Circuit, 2013 LAW OF THE LAND RULING. Matter of State Law. 12 C.F.R. pt. 226,. 2(a)(13).

WHEREAS, Article -3 §203 transfers cannot be made if the transferee engaged in fraud or illegality affecting the instrument. Once a Nunc Pro Tunct loan is transferred it turns any voidable portion of the contract void by operation of law. Transfers of predicate loans used to perpetuate frauds to any non-bank servicer violates CALIFORNIA ROSENTHAL FDCPA section 1788.17 (a) 1- 4. laying claims of being the original creditor.

WHERAS police reports of grand theft have been filed and Complaints for contempt of court have been forwarded to the California State Bar for the wrongful recording by a non-appointed trustee on behalf of a the trustee of a terminated swapped out trust acting on behalf of the “holders” of said trust without actual transfer evidence of securitized transfer into said trust further used to perpetuate securities frauds. No beneficiary assignment to HSBC (said trustee of the terminated trust) has been presented upon demands for proof, and No Beneficiary statement can be produced evidencing “For Valuable Consideration” by The Mortgage Electronic Registration System, Inc.

WHEREAS, A Trademark System is not a beneficiary. MERS does not exist as a legal company in the State of California. MERSCORP holds the MERS “trademark” system only and is not listed as a beneficiary upon the aforementioned contract. Non-response is an Acquiesce of Silence through 7 years of continued demands, 3 years of unanswered court ordered subpoenas, and one year of documented demands through the CFPB upon a transfer of the loan while under restrictions to do so by the Federal Government, thereby creating an inability to be able to state a claim in recoupment. Rule 12(b)(6) FRCP.

WHEREAS If a borrower contends the validity of the foreclosure sale itself and can act with reasonable assertion of that fact to prevent undue harm, no tender is required. Tamburri v. Sunset Mortg., 2012 WL 2367881 (N.D. Cal. June 21, 2012). The DOT does not contain language “providing for a conclusive presumption of the regularity of sale,” and therefore is defective notice, the sale is considered void. Little v. C.F.S. Serv. Corp., 188 Cal. App. 3d 1354, 1359 (1987).

See: Bain v. Metro. Mortg. Group, Inc., et al., 175 Wn.2d 83, 285 P.3d 34 (2012).
Glasky v. Bank of America (2013), San Francisco Supreme CRT.
Subramani v. Wells Fargo Bank, N.A., 2013 WL 5913789 (N.D. Cal. Oct. 31, 2013
Cheung v. Wells Fargo Bank, N.A., 987 F. Supp. 2d 972 (N.D. Cal. 2013)
Rotella v. Wood 528, 549, 560-61,120 S. Ct. 1075, 145 L. Ed. 2d 1047(2000).
15 U. S. C. §1601(a) - §1635(a) (2006 ed.) - §1635(g)
Kemp v Countrywide Case 08-02448-JHW Doc 25