Professional Documents
Culture Documents
ORIGINAL NOTE
Assigment of deed of trust executed on 3/28/12 to us bank national association as trustee certificatesholders
Never had possesion of the original note . The law clearly states when notice of default is filled on 5/23/16 the
trustee or whom ever holds the originalor the physical note is the legal holder. US bank national as trustee for
harbourview pass through 2005-10 did not on 5/23/16 therefore does not have the legal right to foreclosure.
Fact: The Pooling and Servicing Agreement clearly requires the original Mortgage Note with all applicable riders,
bearing all intervening endorsements showing a complete chain of endorsement from the originator to the last
endorsee, endorsed "Pay to the order of _____________, without recourse" and signed in the name of the last
endorsee forwarded to the Trustee within 90 days of the closing of the trust. That requirement of the Pooling and
Servicing Agreement was not met.
Fact- The so called endorsement of the note is forged and are ineffective in that they are not on the
original note but what appears to be a separate sheet of paper with the rubber stamp reading Pay
to the order of without recourse countrywide home loan inc signed by DAVID SPECTOR
Fact- The undated endorsement of the note if that is the note is forged by someone other than DAVID
SPECTOR who LEFT COUNTRYWIDE HOME LOANS INC in 2006.
Fact As stated clearly in the pooling servicing agreement the endorsement must be completed
Within 90 days of closing of the trust. Assignment effective date 3/28/12. Endorsement was done
5 days ago. Therefore the trusee dod not have possession of the original note. Trustee sale is invalid.
When the notice of default was filed on 5/23/2016 . the original note was missing and never was transrred with
the dxeed of trust. ATEZTC is ilegally foreclosureing and has no rights to the property.
The last known party to actually have possession of the note was countrywide.
Summary
On 5/23/16 notice of default was filed by ATEZC Corporation for trustees US bank national trustee for
harborview mortgage. The deed of assignment granted in march 28 th, 2012. When the loan was sold the original
was never endorsed or transferred to the trustee. The trustee was never in possession or was the note holder
As proved by the note provided by maria moroles nationstar. The original note was forged nd therefore it is
voided. The trustee nor the servicer have the legal right to foreclosure.
Counteywide original lender 2005Bank of america- Loan modification September 2013- Agreement I signed BOA as the lender.
The questions is who is my lender . Who did I breach my contract with. Legally the foreclosure party
Us bank national in trust of harborview as indicated in the notice of default filling claiming to be the legal owner
Which is false. They did not have possession of the note or were the legal holder of the note.
Effectively immediately you must stop the trustee sale schedule for 9/20/16. You have no legal recourse to
foreclosure.
Sincerely,
Arthur Columbus
Art
2013 Transferred to Nationstar .
The agreement clearly states that if the loan is defaulted a balloon payment will be due in the amount
of $89,208.72. This does not reflect in payoff total provided by AZTEC Corporation. Notice of default
Filed is false and grossly mistated. According the papers filed with the recorder office the payoff
Amount is $334,633.62. This was done on purpose to mislead the borrower . The required opening bid is
$434,000.00.
Act actual payoff total is approx $425,000.00.
foreclosure - without any response.
B.
c.