Pretender Lender Make the Pretender Lender Produce the Note, Never SHOW Copy IN THE UNITED STATES

BANKRUPTCY COURT xxxxxxxx DISTRICT OF xxxxxxxxx xxxxxxxxx DIVISION

In re ANSWERS CONTESTED MATTER

) )

Name Debtor Creditor Movant vs. Name Debtor S. Name Trustee Respondents

) ) ) ) ) ) ) )

Chapter xxxx Case No. xxxxxxxx

ANSWERS CONTESTED MATTER DEBTORS CHAPTER XXX PLAN EXHIBIT A Comes now xxxxxx; hereinafter called Debtor in this case and ANSWERS to CONTESTED MATTER. 1. Debtor disputes that Movant is in Possession of the Promise to Pay Note and is a HOLDER in Due Course to have a legal standing to be a Secured Creditor. Movant has not shown proof to collect on debt in Movants own name. Violating Bankruptcy Code [3] 11 U.S.C. & 506(a) (2000). Both section 506(a) and 506(b) under section 553. Movant has not produced the original mortgage note to prove that Movant can collect on the debt or enforce. See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, (Hawaii App 2001). Uniform Commercial Code Articles 3 3-305, 3-309.

171

2. Movant asserts to hold stake of security interest as a holder in due course through a mortgage assignment (see Attached Mortgage Assignment Exhibit A). However, without Proof that Movant is in Possession of the original note Movant has NO Interest in the Property and lack standing to collect on the debt in its own name because the validity of the mortgage assignment is not proved to be attached to the note. Pursuant to Bankruptcy Code [3] 11 U.S.C. & 506(a) (2000). Both section 506(a) and 506(b) under section 553 each party must own its claim and have the right to collect on the claim in its own name, Debtor seeks protection from Movant to terminate Automatic Stay.

WHEREFORE DEBTOR PRAYS this Honorable Court grants the following: (a) The Contested Matter to terminate Automatic Stay is denied and Movant is not allowed to foreclose on the property known as XXXXXX without proofing possession as holder in due course and rights to collect on the debt for the property in its own name. (b) Debtors secured property is not abandoned as property of the estate. (c) The Court does not waive the 14-Day Stay of Bankruptcy Rule 4001 (a) (3). (d) The Court accepts reorganization for a workout plan for forbearance agreement, loan modification, refinance agreement, or other loan workout or loss mitigation agreement including a deed in lieu as allowed by state law with the rightful holder in due course. (e) Further any and such other relief this Court deems necessary.

This xxx Day of XXXX Respectfully submitted, _______________________________ Name, Debtor Pro Se Address

172

In re ANSWERS CONTESTED MATTER

CASE NO. XXXXX CHAPTER XXX JUDGE XXXXX

CERTIFICATEOFSERVICE

IHEREBYCERTIFYthatatrueandcorrectcopyoftheaboveAnswersContestedMatter ExhibitAandforegoinghasbeenfurnishedbyU.S.Mailto:[nameandaddressofPlaintiffs /Banks/MortgageCompanys,this______dayof[month],2008 [Signyournamehere] [Typeorprintyournamehere]

173

MERS Assignment and Asset Trust IN THE UNITED STATES BANKRUPTCY COURT xxxxxxxx DISTRICT OF xxxxxxxxx xxxxxxxxx DIVISION

In re ANSWERS CONTESTED MATTER

) )

Name Debtor Creditor Movant vs. Name Debtor S. Name Trustee Respondents

) ) ) ) ) ) ) )

Chapter xxxx Case No. xxxxxxxx

ANSWERS CONTESTED MATTER DEBTORS CHAPTER XXX PLAN EXHIBIT A, B Comes now xxxxxx; hereinafter called Debtor in this case and ANSWERS to CONTESTED MATTER and enters Exhibit A Promise to Pay Note attached hereto Exhibit A. Debtor disputes that Movant is a HOLDER in Due Course to have a legal standing to be a secured creditor. Movant has not shown proof to collect on debt in Movants own name. Violating Bankruptcy Code [3] 11 U.S.C. & 506(a) (2000). Both section 506(a) and 506(b) under section 553. If in fact Movant is in possession of the original mortgage note and it is authentic and not a reproduced electronic copy the mortgage assignment that Movant recorded on XXXXX is NOT attached to a NOTE for collection because the Assignment could not include the transfer of the note. See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, (Hawaii App 2001). Uniform Commercial Code Articles 3 3-305, 3-309.

174

Movant asserts to hold stake of security interest as a holder in due course through a mortgage assignment (see Attached Mortgage Assignment Exhibit B) from Mortgage Electronic Registration Systems, Inc (MERS) as the nominee and as beneficiary to a secured property. However, Movant has NO Interest in the Property and lack standing to collect on the debt in its own name because the mortgage assignment is not legally attached to the note. MERS had no authority to assign the Note to Movant and no authority is written expressed in the Note to grant ANY authority to transfer the note from the lender List Original Lender Name. Further proving the argument that the mortgage assignment is not attached to the NOTE that would grant Movant rights to collect on the debt. Pursuant to Bankruptcy Code [3] 11 U.S.C. & 506(a) (2000). Both section 506(a) and 506(b) under section 553 each party must own its claim and have the right to collect on the claim in its own name, Debtor seeks protection from Movant to terminate Automatic Stay. WHEREFORE DEBTOR PRAYS this Honorable Court grants the following: a. The Contested Matter to terminate Automatic Stay is denied and Movant is not allowed to foreclose on the property known as XXXXXX without proofing possession as holder in due course and rights to collect on the debt for the property in its own name. b. Debtors secured property is not abandoned as property of the estate. c. The Court does not waive the 14-Day Stay of Bankruptcy Rule 4001 (a) (3). d. The Court accepts reorganization for a workout plan for forbearance agreement, loan modification, refinance agreement, or other loan workout or loss mitigation agreement including a deed in lieu as allowed by state law with the rightful holder in due course. e. Further any and such other relief this Court deems necessary.

This xxx Day of XXXX Respectfully submitted, _______________________________ Name, Debtor Pro Se Address

175

In re ANSWERS CONTESTED MATTER

CASE NO. XXXXX CHAPTER XXX JUDGE XXXXX

CERTIFICATEOFSERVICE

IHEREBYCERTIFYthatatrueandcorrectcopyoftheaboveAnswersContestedMatter ExhibitA,BandforegoinghasbeenfurnishedbyU.S.Mailto:[nameandaddressof Plaintiffs/Banks/MortgageCompanys,this______dayof[month],2010 [Signyournamehere] [Typeorprintyournamehere]

176

UCC Financing Statement Special Bonus

177

UCC FINANCING STATEMENT

FOLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional]

Homeowner in Foreclosure Sample

B. SEND ACKNOWLEDGMENT TO: (Name and Address)

Homeowner in Foreclosure Name Address Sample

THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY

1. DEBTOR'S EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b) - do not abbreviate or combine names
1a. ORGANIZATION'S NAME

OR 1b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

Homeowner in Foreclosure
1c. MAILING ADDRESS

Responsible for Loan Contract

CITY STATE POSTAL CODE COUNTRY

Person on line 1b Address

1d. TAX ID #: SSN OR EIN

City
1f. JURISDICTION OF ORGANIZATION

St

Zip

USA
NONE

Blank

ADD'L INFO RE 1e. TYPE OF ORGANIZATION ORGANIZATION DEBTOR

1g. ORGANIZATIONAL ID #, if any

2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate or combine names
2a. ORGANIZATION'S NAME

OR

2b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

Second Person on loan if needed

2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

Second person on line 2b Address

2d. TAX ID #: SSN OR EIN ADD'L INFO RE ORGANIZATION DEBTOR 2e. TYPE OF ORGANIZATION

City
2f. JURISDICTION OF ORGANIZATION

St

Zip

USA
NONE

2g. ORGANIZATIONAL ID #, if any

3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - insert only one secured party name (3a or 3b)
3a. ORGANIZATION'S NAME

OR

3b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

Homeowner in Foreclosure
3c. MAILING ADDRESS

Responsible for Loan Contract

CITY STATE POSTAL CODE COUNTRY

Person on line 3b Address

4. This FINANCING STATEMENT covers the following collateral:

City

St

Zip

USA

Repairs and Improvements between (Loan Origination Date) - List a Date Property Address: Assessors Parcel: Principal Equity: Principal Improvements: Life Experience: Total: $

5. ALTERNATIVE DESIGNATION [if applicable]: LESSEE/LESSOR CONSIGNEE/CONSIGNOR BAILEE/BAILOR SELLER/BUYER This FINANCING STATEMENT is to be filed [for record] (or recorded) in the REAL 6. 7. Check to REQUEST SEARCH REPORT(S) on Debtor(s) 8. OPTIONAL FILER REFERENCE DATA

AG. LIEN All Debtors

NON-UCC FILING Debtor 1 Debtor 2

ESTATE RECORDS.

Attach Addendum

[if applicable]

[ADDITIONAL FEE]

[optional]

FILING OFFICE COPY NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 07/29/98)

FORM SHOULD BE TYPEWRITTEN OR COMPUTER GENERATED

UCC FINANCING STATEMENT ADDENDUM

FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT
9a. ORGANIZATION'S NAME

OR

9b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME,SUFFIX

Homeowner in Foreclosure line 1a

10. MISCELLANEOUS:

Here

THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insert only one name (11a or 11b) - do not abbreviate or combine names
11a. ORGANIZATION'S NAME

OR

11b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

11c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

11d. TAX ID #:

SSN OR EIN

ADD'L INFO RE ORGANIZATION DEBTOR

11e. TYPE OF ORGANIZATION

11f. JURISDICTION OF ORGANIZATION

11g. ORGANIZATIONAL ID #, if any NONE

12.

ADDITIONAL SECURED PARTY'S or

12a. ORGANIZATION'S NAME

ASSIGNOR S/P'S NAME - insert only one name (12a or 12b)

OR

12b. INDIVIDUAL'S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

12c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

13. This FINANCING STATEMENT covers

collateral, or is filed as a

timber to be cut or

as-extracted

16. Additional collateral description:

14. Description of real estate:

fixture filing.

Legal Description Here

15. Name and address of a RECORD OWNER of above-described real estate

(if Debtor does not have a record interest):

17. Check only if applicable and check only one box.

Debtor is a Trust or

18. Check only if applicable and check

Trustee acting with respect to property held in trust or only one box.

Decedent's Estate

Debtor is a TRANSMITTING UTILITY Filed in connection with a Manufactured-Home Transaction effective 30 years Filed in connection with a Public-Finance Transaction effective 30 years

FILING OFFICE COPY NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 07/29/98)

FORM SHOULD BE TYPEWRITTEN OR COMPUTER GENERATED