Detailed Investigation of Robo Signers

In the interest of client confidentiality the clients name and any other identifying information have been redacted
from the following samples. This sample document is from an actual case Endless Fraud Detection Services (EFDS) has investigated. Let it be known that every one of the cases we have seen are different and the elements found therein may not apply to any other case. The following samples are offered for informational purposes only and are not to be recreated for any purpose. Any attempt to copy, or recreate these sample documents in any way is an Infringement on EFDS Copyright. The first is the issue to consider is the credibility of who it is providing the information in the investigation. The Investigators who work for Endless Fraud Detection Services are former or current off duty Police Detectives, Sheriffs Deputies, Certified Paralegal Investigators, and CIA Agents. THAT is credibility. The second issue to be considered is what was actually discovered in this investigation. See the redacted sample Chain of Title Investigation (COTI) and redacted sample Public Record Investigation (PRI) below.
ENDLESS FRAUD DETECTION SERVICES, CORP.
NOTICE THIS DOCUMENT IS A SAMPLE DOCUMENT AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. REPRODUCTION OF THIS INFORMATION IS STRICTLY FORBIDDEN BY COPYRIGHT. THE NAME/S OF CLIENT/S HAVE BEEN REDACTED FOR THE PURPOSE OF CLIENT CONFIDENTIALITY PURSUANT TO STRICT COMPANY POLICY
PUBLIC RECORDS INVESTIGATION Regarding the following property

Investigator: John M. VanFleet. Jr. (Texas State License A16319)
On behalf and at the request of: Derrick Kinley Completion Date: 19 March 2012
Copyright 2012 No part of this report may be reproduced without the expressed written permission of Endless Fraud Detection Services, Corp.
Table of Contents
Background of Investigation Investigators Public Records Investigation Resume and affidavit of Investigator (REMOVED) Copy of Public Records Documents (REMOVED) Background Checks Luis Roldan Variant Signature Background Checks Wendy Alexander Variant Signature p. 3 p. 5 p. 20 Exhibit: A Exhibit: B Exhibit: C
Background of Investigation
Client has now engaged the services of Endless Fraud Detection Services, Corp. in conjunction with Watchful Eye Investigations to conduct a Private Investigation into the matters surrounding the documentation currently on file in the Public Record of the County/Parish in where the subject property is located that includes, but is not limited to an examination of; Signatures, Seals, and Expiration Dates found on documents publicly recorded. An Investigator with a background in Law Enforcement can then determine if there have been any potential criminal acts committed by any parties in connection with drafting, gathering, verifying, or recording documentation regarding a mortgage or title to real property. In every jurisdiction of all 50 states of the union it is a crime to offer fraudulent documents for the purpose of public recording. Since 1999 over 100 Million titles in the continental United States have been clouded by Title Companies, Trustees, Attorneys, and other entities by drafting fraudulent documents by means of, but in no way limited to; Forgery, Factual Misrepresentations, and Civil Torts and then causing to have these documents recorded into the public record. Furthermore the filing of said documents has seriously compromised the integrity of the public trust including, but not limited to the Countys/Parishs Public Records Office and the Courts Records as well. The overall objective of this investigation is to examine the issues surrounding a particular mortgage and subsequent foreclosure according to the documentation filed into the public recorders office currently available at the time of this investigation. The general scope of this investigation includes, but may not be limited to the following;
Perform background checks on individuals signing documentation offered for public recording. Perform background checks on the Notary/s verifying any of said documents. Examination of signatures of any individuals signing documents offered for public recordation. Examination of Notary Seals in order to determine if the seal is a true seal of said Notary. Examine the expiration date of any Notary seal for the purpose of determining that the Notarys commission was current at the time of verification. Attempt to determine if a trust relationship was established.
Identify any potential criminal acts that may have been committed by any of the parties subject to the investigation.
GMAC v Visicaro Judge Rondolino I really honestly dont have any confidence that any of the documents the Courts are receiving on these mass foreclosures are valid!
ENDLESS FRAUD DETECTION SERVICES, CORP. County and Court Public Records Offices are Created by the Constitutional Laws of the different States. This means that the County Clerks, Court Clerks and Judges have a duty to safeguard the integrity of both the county and court records. The recent disintegration of these records in the various states' county records and courts has severely compromised this integrity. With the creation of MERS (Mortgage Electronic Registration System) and the whole Robo-Signer debacle of 2010 many documents filed into the county records have compromised the integrity of the banking system, judicial system, the county records system and the rights of many homeowners. Texas Government Code 51.904. WARNING SIGN. A clerk described by Section 51.901(a) shall post a sign, in letters at least one inch in height, that is clearly visible to the general public in or near the clerks office stating that it is a crime to intentionally or knowingly file a fraudulent court record or a fraudulent instrument with the clerk.
Added by Acts 1997, 75th Leg., ch. 189, 14, eff. May 21, 1997.
Texas Business and Commerce Code 71.203: CRIMINAL PENALTY: FRAUDULENT FILING
(a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter that: (1) indicates that the person signing the document has the authority to act on behalf of the entity for which the document is presented and the person does not have that authority; (2) contains a material false statement; or (3) is forged. (b) A person commits an offense if the person violates Subsection (a). An offense under this subsection is punishable as if it were an offense under Section 37.10, Penal Code.
I, John M. VanFleet, Jr. affirm and Pledge the following Investigation Standards; To always perform my professional duties in accordance with the highest moral, ethical and professional investigation standards, verify all paperwork, documents, statements, evidence, and facts that may lead to a civil or criminal action whether it involves an individual or organization and to work entirely within the framework and benefit of and for the Rule of Law. Thank you; (Signature redacted) John M. VanFleet, Jr. Texas State Private Investigator License # A16319
Although some direct references to law(s), statutes, codes, case law or other such legal topics may be included in this report, each case is different and only someone familiar with the complete facts in a particular situation can provide adequate counsel. For legal advice, consult an attorney. Nothing throughout this report should be construed as legal advice or the formation of any type of attorney-client relationship.
INVESTIGATORS REPORT SUMMARY

The following documents are filed and available for access in the TRAVIS County Clerks Office. Documents were provided by Client and an online search was conducted on the TRAVIS County Clerks website to verify any and all documents regarding the Mortgage(s) regarding Derrick Kinley and 1906 SCOFIELD LN., AUSTIN, TX 78727. The following documents are available as of 06 March 2012, per TRAVIS County Clerk, in reference to the Mortgage of Derrick Kinley as follows:
1. DOC# 2011157160 - ASSIGNMENT OF DEED OF TRUST 2. DOC# 2012009533 - APPONTMENT OF SUBSTITUTE TRUSTEE 3. DOC# 2012026994 - SUBSTITUTE TRUSTEES DEED 4. DOC# 2008073288 - DEED OF TRUST 5. DOC# C212002858 - EVICTION CITATION 6. ORGINAL PETITION FOR FORCIBLE DETAINER, CAUSE NO. 64884
ASSIGNMENT OF DEED OF TRUST, DOC # 2011157160:

1.
Date of Doc: October 21, 2011 This document identifies the following entities: 1. COUNTRYWIDE BANK, FSB: 2. BAC HOME LOANS SERVICING: 3. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS) This document was filed by: PERSON WHOSE IDENTITY IS UNKNOWN.
Summary of Public Recorded Document:

This document is assigning for value received and does hereby grant, sell, assign, transfer and conveys unto BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP the Deed of Trust from MERS. This document is only assigning the Deed of Trust. It does not assign with it the Note which is secured by the Deed of Trust. In the case of MERS, the Note and the Deed of Trust are held by separate entities. This can pose a unique problem dependent upon the court. There are many court rulings based upon the following: The Deed of Trust is a mere incident of the debt it secures and an assignment of the debt carries with it the security instrument. Therefore, a Deed of Trust is inseparable from the debt and always abides with the debt. It has no market or ascertainable value apart from the obligation it secures. A Deed of Trust has no assignable quality independent of the debt, it may not be assigned or transferred apart from the debt, and an attempt to assign the Deed of Trust without a transfer of the debt is without effect. In Carpenter v. Longan 16 Wall. 271, 83 U.S. 271, 274, 21 L.Ed. 313 (1872), the U.S. Supreme Court stated The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity. The obligation and the security are commonly drafted as separate documents typically a promissory note and a deed of trust. If the creditor transfers the note but not the deed of trust, the transferee receives a secured note; the security follows the note, legally if not
ENDLESS FRAUD DETECTION SERVICES, CORP. physically. If the transferee is given the deed of trust without the note accompanying it, the transferee has no meaningful rights except the possibility of legal action to compel the transferor to transfer the note as well, if such was the agreement. (Kelley v. Upshaw 91952) 39 C.2d 179, 246 P.2d 23; Polhemus v. Trainer (1866) 30C 685) The assignment of the Deed of Trust may be suspect and brings into question whether BAC HOME LOANS SERVICING has any beneficial interest in the property or the power to foreclose on the home as according to this assignment it only holds the Deed of Trust and not both instruments.
Background Checks of the company involved in this document;

A Background check was conducted on MORTGAGE ELECTRONIC REGISTRATION SYSTEM (MERS) MERS is effectively a "front" organization that has created a systemically important mortgage registry but fails to properly oversee that registry or enforce its own rules on the members that participate in the registry. Rather than maintaining an adequate staff to provide MERS services, MERS operates through a network of over 20,000 nonemployee corporate officers who cause MERS to act without any meaningful oversight from anyone who works at MERS. Instead of meaningful internal controls, MERS relies on an "honor system" that fails to ensure the integrity of its registry. The lack of internal controls has resulted in MERS recording so-called "robo-signed" documents with country recorders of deeds, as well as MERS failure to follow its own rules regarding proper institution of foreclosure proceedings. According to this web-site:
http://attorneygeneral.delaware.gov/mortgageforeclosure/MERScomplaint.pdf
It should also be noted that MERS has been named in 4,493 lawsuits as a Defendant.
http://dockets.justia.com/search?query=Mortgage+Electronic+Registration+Systems%2C+Inc.+&search=Search&stateorcourt=&judg e=&lawsuittype=&documentfilter=allcases&after=&before=
Currently in Texas, Dallas County filed suit against MERS and other parties on September 20th, 2011 in the case of DALLAS COUNTY, TEXAS vs. MERSCORP. INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., STEWART TITLE GUARANTY COMPANY;STEWART TITLE COMPANY; BANK OF AMERICA, NATIONAL ASSOCIATION; AND ASPIRE FINANCIAL, INC. D/B/A TEXASLENDING.COM. This case shows the Cause No. CC-11-06571-E. In this suit on page nine (9), under the heading, The Public Recording System the complaint states as follows; Mortgage recordation in Texas is generally governed by Chapter 12 of the Texas Property Code. Section 12.001 of the Property Code provides, in part, that [a]n instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law. Once properly filed, a mortgage is notice to all persons of the existence of the instrument, protects the mortgagees (lenders) security interest against creditors of the mortgagor, and places subsequent
ENDLESS FRAUD DETECTION SERVICES, CORP. purchasers on notice that the property is encumbered by a mortgage lien. Unless the mortgage is recorded, the mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice. See Texas Property Code 13.001(a). Until recently, when a loan secured by a mortgage was sold, the assignee would generally record the assignment of the mortgage to perfect the security interest. If a servicing company served the loan and the servicing rights were sold an event that could occur during the life of a single mortgage loan multiple assignments were recorded to ensure that the proper mortgagee appeared in the land records of the County Clerks office. With some nuances and allowances for needs of modern financing, this model has been followed throughout the U.S. for over three hundred years to provide the public with notice of the ownership of, and liens encumbering, real property throughout the U.S.. Defendants and others similarly situated have changed all of this and collapsed the public recordation system in Dallas County and throughout the U.S. The MERS business plan, as envisioned and implemented by Wall Street, is based in large part on amending the traditional model of recording security interests in real property and introducing a third party into the equation MERS. The motivation for creating MERS was Wall Streets desire to alleviate what Wall Street considered to be the inconvenience of the public recording system and create its own private shadow electronic recording system the MERS System. According to one court, the MERS system was designed as a replacement for our traditional system of public recordation of mortgages. See: In Re Agard, 444BR 231, 247 (E.D.N.Y. 2011). Furthermore, recently in his memorandum decision, United States Bankruptcy Judge Robert Grossman ruled in the case styled, UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: FERRELL AGARD Debtor, showing the case number 810-77338-reg that MERS's business practices are unlawful. He explicitly acknowledged that this ruling sets a precedent that has far-reaching implications for half of the mortgages in this country.
A Background check was conducted on BAC HOME LOANS SERVICING. It should also be noted that BAC HOME LOANS SERVICING has been named in 2,130 lawsuits as a Defendant.
http://dockets.justia.com/search?query=BAC+HOME+LOANS+SERVICING&search=Search&stateorcourt=&judge=&lawsuittype= &documentfilter=allcases&after=&before=
On March 7th, 2012 Reuters reported that Bank of America and its subsidiary company BAC Homes Loans Servicing LP, had defrauded countless homeowners and the Federal Governments Home Affordable Modification Program (HAMP). The article states;
ENDLESS FRAUD DETECTION SERVICES, CORP. While working at Urban Lending, Mackler said he saw BofA and its loan servicing subsidiary, BAC Homes Loans Servicing LP, implement "business practices designed to intentionally prevent scores of eligible homeowners from becoming eligible or staying eligible for permanent HAMP modification." The article stated further; BoA let through just enough HAMP modifications to avert suspicion and allay congressional critics, while not enough to incur any substantial losses to its own bottom line, according to the complaint.
Background Checks of the individuals on this document;

#1.1: A Background check was conducted on the signer of the ASSIGNMENT OF DEED OF TRUST. This individual signed the document as Luis Roldan, Assistant Secretary. Assistant Secretary is not a full title -- of what or to whom is this person a secretary? In a Deposition dated April 7, 2010 William Hultman, Secretary and Treasurer of MERS states on page 72 of this deposition line 8 that MERS has no employees. If this person does not work for MERS who does he actually work for? It states in this deposition on the previous page (71) that MERS farms these signatures out to thousands of individuals all over the country who do not work for MERS. http://www.scribd.com/doc/52190031/MERShas-No-Employees-Full-Deposition-of-William-Hultman-Secretary-and-Treasurer-of-MERS
Signing a Document under a title that the individual does not actually hold is a potential State Felony and brings into question whether this individual did in fact have the authority to transfer or assign anything as MERS is assigning ONLY the Deed of trust to BANK OF AMERICA. Assignment of Mortgage documents were found with very different Luis Roldan signatures than that found on the Kinley Assignment of Deed of Trust. The differences in these signatures suggest that different individuals are signing mortgage-related documents using the name Luis Roldan and raise questions as to the validity of the Kinley Assignment of Deed of Trust. A handwriting expert may be required to verify these signature findings. Copies of documents with these differing signatures can be found in Exhibit B. #1.2: A Background check was conducted on the notary on the ASSIGNMENT OF DEED OF TRUST, Carol Marie Littleford. Carol Marie Littleford is listed on the Californis Secretary of State website (www.sos.ca.gov) as a notary at 10022 Delco Ave., Chattsworth CA 91311. The expiration date on the Kinley Assignment of Deed of Trust matches the California record.
ENDLESS FRAUD DETECTION SERVICES, CORP. Upon magnification, the document execution date of the Kinley Assignment of Deed of Trust appears to have been altered. The date stamp showing the date Luis Roldan signed the document appears to have been altered by obscuring the top of the number 7 to make it appear to be a 1, changing the apparent date from October 27 to October 21. If so, the true date of the Luis Roldan signature is later than the notary date of 21 October, suggesting the Carol Marie Litteford notarized the document in blank for later signature by Luis Roldan. This potential violation of her notary duties suggests the document may be invalid. A document fraud examiner would be needed to confirm these findings.
***Possible Penal Code Violations:***

There are a number of potential State Penal Code violations uncovered during this Investigation regarding the documents filed within the TRAVIS County Clerks office. They are as follows; Misdemeanors: 51.901. Felony: Sec. 32.46. SECURING EXECUTION OF DOCUMENT BY DECEPTION 1st degree Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD 2nd &/or 3rd degree Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING 2nd &/or 3rd degree FRAUDULENT DOCUMENT OR INSTRUMENTATION - Class A
End of ASSIGNMENT OF DEED OF TRUST Summary Review

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APPOINTMENT OF SUBSTITUTE TRUSTEE EXECUTED JANUARY 2, 2012, DOC # 2012009533:

2.
Date of Document January 2, 2012 This document identifies the following entities: 1. Stephen C. Porter as ATTORNEY-IN-FACT 2. Toby Latham as Substitute Trustee 3. Steve Utley as Substitute Trustee 4. Wendy Alexander as Substitute Trustee 5. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP. This document was filed January 20, 2012 by Stephen C. Porter or agent thereof.

This document is appointing a SUBSTITUTE TRUSTEE by Stephen C. Porter. However, to date their has been no filing in the TRAVIS county records a LIMITED POWER OF ATTORNEY or even a STATEMENT OF FACT indicating that Mr. Porter has any authority to act on behalf of BANK OF AMERICA HOME LOAN SERVICING, LLC. Further more, BANK OF AMERICA was only assigned the Deed of trust by MERS and therefore may not have the proper authority to initiate a foreclosure or auction proceedings. (see pages 6 and 7 of this report.) Any mention of authority to act is a STATEMENT OF FACT by Will Benson representative council for BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP did in document # 2012026994 declaring that he is a representative of the law firm. This document was notarized three days after the auction date and filed into the TRAVIS county records on February 23, 2012. A search of the TEXAS STATE BAR web-site returned no results for a Will or William Benson.
http://www.texasbar.com/AM/Template.cfm?Section=Advanced_Search&Template=/CustomSource/MemberDirectory/Result_form_ client.cfm

#1.1: A Background check was conducted on the signer of the APPOINTMENT OF SUBSTITUTE TRUSTEE. This individual singed the document as STEPHEN C. PORTER as ATTORNEY-IN-FACT.
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ENDLESS FRAUD DETECTION SERVICES, CORP. Mr. Porter is Currently Employed at: Barrett Daffin Frappier Turner & Engel, LLP As Chief Litigation Counsel 15000 Surveyor Boulevard, Suite 100, Addison, TX 75001 BAR CARD # 16153300 A search of other documents that were filed by Mr. Porter on the 20th day of January indicates that he is also VICE PRESIDENT LOAN DOCUMENTATION for WELL FARGO BANK N.A 92012009529 01/20/2012 REMOVE TRUSTEERWELLS FARGO 102012009530 01/20/2012 REMOVE TRUSTEERWELLS FARGO 112012009531 01/20/2012 REMOVE TRUSTEERWELLS FARGO 122012009532 01/20/2012 REMOVE TRUSTEERWELLS FARGO These documents were also all notarized by the same notary L. Butler. #1.2: A Background check was conducted on the notary on the APPOINTMENT OF SUBSTITUTE TRUSTEE, on the name, L Butler. L. Butler is listed in the Texas Secretary of State website (www.sos.state.tx.us) as a notary located at 15000 Surveyor Blvd., Addison Tx. This is the same address as the law firm of Barrett, Daffin, Frappier, Turner & Engel. The commission expiration date of his notary stamp matches the Texas Secretary of State record.

There are a number of potential State Penal Code violations uncovered during this Investigation regarding the documents filed within the TRAVIS County Clerks office. They are as follows:
Misdemeanor: 51.901. FRAUDULENT DOCUMENT OR INSTRUMENTATION - Class A
Felony:
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ENDLESS FRAUD DETECTION SERVICES, CORP. Sec. 32.46. SECURING EXECUTION OF DOCUMENT BY DECEPTION 1st degree Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD 2nd &/or 3rd degree Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING 2nd &/or 3rd degree
End of APPOINTMENT OF SUBSTITUTE TRUSTEE Summary Review

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SUBSTITUTE TRUSTEES DEED, FEBRUARY 07, 2012, DOC # 2012026994:

3.
Date of Doc: February 07, 2012 This document identifies the following entities: 1. Wendy Alexander 2. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC)

This document identifies a sale of $144,646.71 dated February 07, 2012 to FEDERAL HOME LOAN MORTGAGE CORPORATION. This document identifies BANK OF AMERICA as both the Mortgagee and the mortgage servicer. A letter dated February 17, 2012 indicating that BANK OF AMERICA is acknowledging a receipt of an inquiry about the mortgage loan and that they are still in the process of obtaining the documentation and information requested. This would amount to a most basic RESPA Request. The document is dated ten days after the auction. A letter Dated February 21, 2012 from BANK OF AMERICA indicates that FHLMC is the owner of Note (fourteen days after the auction). This would indicate that in fact the NOTE and DEED OF TRUST have been separated. In Carpenter v. Longan 16 Wall. 271, 83 U.S. 271, 274, 21 L.Ed. 313 (1872), the U.S. Supreme Court stated The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity. This also may indicate that BANK OF AMERICA does not have the power to put the home up for auction as they are not the REAL PARTY IN INTEREST (owner of the debt instrument) although misrepresenting themselves as such in this document. A letter dated November 10, 2011 from Bank of America states that Bank of America declines to provide the chain of title, assignments, or allonges that would demonstrate that Bank of America is the Real Party in Interest of the debt instrument. This suggests that Bank of America may be unable to prove that they are the Real Party of Interest. In addition FHLMC bought the mortgage THEY OWNED at the auction giving rise to a potential civil and or criminal conspiracy between the two companies to hide the fact that nether BAC or FHLMC owned both the NOTE and DEED OF TRUST.
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ENDLESS FRAUD DETECTION SERVICES, CORP. To date an ASSIGNMENT to any type of DEPOSITOR of this mortgage can not be located in the TRAVIS County Recorders office. To date an ASSIGNMENT from COUNTRYWIDE HOME LOANS, LLC to BAC HOME LOAN SERVICING can not be located in the TRAVIS county Recorders Office. To date an ASSIGNMENT to any type of SERIES SECURITIES TRUST VEHICALE can not be located in the TRAVIS county Recorders Office. To date an ASSIGNMENT of the NOTE or DEED OF TRUST to FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) can not be located in the TRAVIS County Clerks Office. The only time FHLMC is identified is after the auction sale had occurred. A letter dated March 7, 2012 from Bank of America states that Bank of America indicates that no further response from Bank of America is required regarding concerns previously raised about possible improper loan documentation, yet also indicates that the foreclosure auction of February 7, 2012 is under review for rescission. The fact that the foreclosure process is under review after the fact of the foreclosure raises questions as to whether Bank of America has acted in good faith in assessing mortgage irregularity issues raised by the Kinleys.
Background Checks of the individual names found on this document:

#1.1 A background check was conducted on the Substitute Trustee of the Substitute Trustee's Deed, Wendy Alexander. A notice of Substitute Trustee Sale document has been found that has a very different Wendy Alexander signature than that found on the Kinley Substitute Trustee's Deed. This difference raises questions as to the validity of the Kinley Substitute Trustee's Deed. This signature variant can be found in Exhibit C. #1.2 A background check was conducted on the notary for the Substitute Trustee's Deed, Michael Moody. Michael Moody is listed in the Texas Secretary of State website as a notary located at 1114 Lost Creek Blvd., Austin TX 78746. The date on his notary seal matches the Texas record. He did not write his commission expiration date in the field provided on the Substitute Trustee's Deed.
End of SUBSTITUTE TRUSTEES DEED Summary Review
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4. DEED OF TRUST, APRIL 16, 2008 DOC # 2006073288:

This document identifies the following entities: 1. DERRICK KINEL, AND RANDALA K.KENLEY as Borrower/Grantor under this Security Instrument. 2. COUNTRYWIDE BANK, FSB as Lender 3. TOMMY BASTIAN as Trustee 4. MERS Mortgage Electronic Registration Systems inc. as Beneficiary under the Security Instrument. 5. ALVIN A.MOORE SR. as Notary Public This Deed of Trust/Security Instrument was created by the signatures of DERRICK KINELY, AND RANDALA K.KENLEY on April 6, 2008. According to the Deed of Trust the Trustee identified as TOMMY BASTIAN has a business address at: 15000 SURVEYOR BLVD. ADDISON, TEXAS 75001. This address matched the address of the Debt Collector BARRETT DAFFIN FRAPPIER TURNER & ENGLE, LLP located at: 15000 SURVEYOR BOULEVARD, SUITE 100, ADDISON, TEXAS 75001 Regarding the acceptance of a trust by the person named as trustee, in the Texas Property Code 112.009(a),(a)1 there are multiple ways a person named on the deed of trust as trustee can accept or reject. Upon examination of the writing evidencing the trust, also called a deed of trust, or security instrument, the instrument does not bare the signature of the person named as trustee on the instrument. Upon examination of all documentation available in the Travis County Public Recorders Office at the time of this investigation there is no separate written acceptance signed or in the name of the person named as trustee on the writing evidencing the trust. Upon examination of all documentation available in the Travis County Public Recorders Office at the time of this investigation, it is unknown if the person named as trustee on the writing evidencing the trust has ever exercised any power or performed duties under the trust. Upon examination of all documentation available in the Travis County Public Recorders Office at the time of this investigation there is no notice of the rejection of the trust signed or in the name of the person named as trustee on the writing evidencing the trust.
End of DEED OF TRUST Summary Review

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5. EVICTION CITATION, DELIVERED MARCH 6, 2012 DOC # C212002858 CAUSE NO. 64884:
This document identifies the following entities: 6. FEDERAL HOME LOAN MORTGAGE CORPORATION as Plaintiff 7. DERRICK KINLEY And/Or ALL OCCUPANTS OF 1906 Scofield Ln., Austin, Texas 78727 as Defendant/s 3. The Honorable Glenn Bass Justice of the Peace as Presiding Judge 4. JACK OBOYLE as Plaintiff Attorney/Agent This document appears to be intended to inform the Defendant/s that there is a cause of action filed into the Justice Court, Precinct 2, located at 10409 Burnet Rd., Ste 108, Austin, Texas 78758. The hearing is set for February 28, 2012 at 9:30 A.M. and will be heard by the Honorable Glenn Bass, Justice of the Peace.
End of EVICTION CITATION Summary Review

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6. ORGINAL PETITION FOR FORCIBLE DETAINER, FILE DATE FEBRUARY 28, 2012
This document identifies the following entities: 8. FEDERAL HOME LOAN MORTGAGE CORPORATION as Plaintiff 9. DERRICK KINLEY And/Or ALL OCCUPANTS OF 1906 Scofield Ln., Austin, Texas 78727 as Defendant/s 10. JACK OBOYLE & ASSOCIATES as prosecuting Law Firm 11. Travis Gray as Prosecuting Attorney 12. Felicia Sanchez Berain as Notary Public This petition appears to seek an order effectuating an eviction of the Defendant/s from the subject property located at: 1906 Scofield Ln., Austin, Texas 78727.
End of ORGINAL PETITION FOR FORCIBLE DETAINER Summary Review

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State Licensed Private Investigator; Is the homeowner in foreclosure? YES As per the investigation was a Real Party in Interest with endorsements, assignments, or allonges conclusively establish through a Public Records investigation? NO As per the investigation was a Chain of Custody established through a public records investigation? NO Did the individuals who signed public records documents pass the background checks? NO As per the investigation was there any evidence that would indicate that the trustee ever accepted the trust? NO Did the person named as trustee sign the Deed of Trust? NO Did the trustee sign a Letter of Acceptance of trust? NO If so, was the letter of acceptance attached to the deed of trust as a rider and filed into the County Recorders Office? N/A Did the person named as trustee perform any duties (action) as a trustee? NO EVIDENCE WAS PROVIDED BY CLIENT INDICATING AS SUCH. NO EVIDENCE WAS DISCOVERED BY AN EXAMINATION OF PUBLUC RECORDS. *** Are there any potential Misdemeanor offense found in the investigation? YES ***Are there any potential Felony offenses found in the investigation? YES Do you recommend further investigation by the State? YES
END OF INVESTIGATORS REPORT.
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NOTICE THIS DOCUMENT IS A SAMPLE DOCUMENT AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. REPRODUCTION OF THIS INFORMATION IS STRICTLY FORBIDDEN BY COPYRIGHT. THE NAME/S OF CLIENT/S HAVE BEEN REDACTED FOR THE PURPOSE OF CLIENT CONFIDENTIALITY PURSUANT TO STRICT COMPANY POLICY
Chain of Title Investigation

Investigator: Vincent Kreischer Texas LIC# 585073 Additional audits conducted by:
Securities Analysis conducted by: ARTHUR BERNARDO Forensic Loan Analysis conducted by: MARLA GIDDINGS
On behalf and at the request of:

DAPHNE AND KENDALL MARQUARDT
Completion 9 FEB 2012
Endless Fraud Detection Corp
Table of Contents
Background of Investigation Summary Conclusions of Investigator Public Records Investigation Real Property Asset Securities Analysis Loan Underwriter Summary Affidavit and Resume of Investigator (REMOVED) Resume and certificate of Auditor (REMOVED) Copy of Public Records Documents (REMOVED) Closing documents provided for Analysis from client (REMOVED) Background Checks p. 2 p. 4 p. 5 Exhibit: A Exhibit: B Exhibit: C Exhibit: D Exhibit: E Exhibit: F Exhibit: G
Copyright 2012 No part of this report may be reproduced without the expressed written permission of Endless Fraud Detection Services or the Investigator.
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Background of Investigation
ENDLESS FRAUD DETECTION SERVICES CORP. IS A TEXAS STATE LICENSED PRIVATE INVESTIGATION COMPANY. LICENSE No. A-17660 Client has now engaged the services of Endless Fraud Detection Services, Corp. to conduct a Chain of Title Investigation in conjunction with American Patriot Investigations, that includes but is not limited to a Public Records search and Forensic Loan Audit. The investigator is to then attempt to establish a clear chain of endorsements consequently establishing whether the title is free of any cloud around such title by identifying the Real Party in Interest. This is tantamount to establishing a Chain of Custody which refers to the chronological documentation or paper trail (endorsements, assignments and or any allonges) showing the seizure, custody, control, transfer, analysis, and disposition of the title of this property. A Chain of Title Investigation is an attempt to establish a clear and unbroken chronological record of the ownership for a specific piece of property for the current owner. This investigation attempts to establish or trace the successive conveyances of title or endorsements, starting with the current Deed and going forward through the securitization process. Each owner is linked to the previous owner and the subsequent owner through transfers and endorsements, forming a chain of title as disclosed through various public and private databases. A gap in the chain of title creates a break in the strength of this chain (referred to as a cloud on the title) which creates uncertainty putting the property owner at a potential disadvantage as they may not qualify for title insurance to sell the home. Over 100 Million homes were securitized and introduced as investments vehicles into the market place over the last 10 years with the Gramm, Leach, Bliley Act, also known as the Financial Services Modernization Act of 1999. The passing of said Act repealed the Glass-Steagall Act, also known as the Banking Act of 1933. To quickly help the reader understand this better the Securitization of home loans is the pooling and selling of the cash flow from thousands of mortgages. Mortgages are pooled into an entity, often referred to as a Special Purpose Vehicle or Trust in order to separate them from the banks who originally lent the money. The structures of these transactions are governed by State and Federal Rules and Regulations as well as the terms of the Pooling and Servicing Agreement. The Pooling and Servicing Agreement is the primary contractual document between all parties involving the transfer of specific home loans from the Originator, Servicer and ultimately to the specific Trust. The general language in a Pooling and Servicing Agreement provides for the following: Regarding an unbroken chain of endorsements:
In connection with such sale, the Depositor has delivered to, and deposited with, the Trustee or the Custodian, as its agent, the following documents or instruments with respect to each Mortgage Loan so assigned: (i) the original Mortgage Note, including any riders thereto, endorsed without recourse (A) in blank or to the order of bank or (B) in the case of a loan registered on the MERS system, in blank, and in each case showing an unbroken chain of endorsements from the original payee thereof to the Person endorsing it to the Trustee The Trusts are required to have an unbroken chain of endorsements from the original payee to the person endorsing it to
Copyright 2012 No part of this report may be reproduced without the expressed written permission of Endless Fraud Detection Services or the Investigator. Page | 2 of 90

the Trustee. This requirement stems from the particular business concern in securitization, namely to evidence that there was in fact a true sale of the securitized assets and that they are in no way still property of the originator, sponsor, or depositor, and thus not subject to the claims of creditors of the originator, sponsor or depositor in the future. If a break has accord it now creates a cloud on title.
County and Court Public Records Offices are Created by the Constitutional Laws of the different States. This means the County Clerks, Court Clerks and Judges have a duty to safeguard the integrity of both the county and court records. The recent disintegration of these records in the various states' county records and courts has severely compromised this integrity. With the creation of MERS and the whole Robo-Signer debacle of 2010 many documents filed into the county records have compromised the integrity of the banking system, judicial system and the county records system.
GMAC v Visicaro Judge Rondolino I really honestly dont have any confidence that any of the documents the Courts are receiving on these mass foreclosures are valid!
For the ease of the reader of this Investigative Report, the conclusion (in a basic question/ answer format) has been presented first with all subsequent investigation documents, audits, affidavits, resumes and exhibits to follow. I, Vincent Kreischer, Affirm and Pledge the following Investigation Standards; To always perform my professional duties in accordance with the highest moral, ethical and professional investigation standards, verify all paperwork, documents, statements, evidence, and facts that may lead to a civil or criminal action whether it involves an individual or organization and to work entirely within the framework and benefit of and for the Rule of Law. Thank you;
Investigator Signature Investigators Name (printed) Texas State Private Investigator License # 585073 Investigation Company Name License # A17354
Although some direct references to law(s), statutes, codes, case law or other such legal topics may be included in this report, each case is different and only someone familiar with the complete facts in a particular situation can provide adequate counsel. For legal advice, consult an attorney. Nothing throughout this report should be construed as legal advice or the formation of any type of attorney-client relationship.
Summary Conclusions: Chain of Title Investigation.

State Licensed Private Investigator; Is the homeowner in foreclosure? NO Was the property securitized? YES As per the investigation was a Real Party in Interest with endorsements, assignments, or allonges conclusively establish through a Public Records investigation? NO As per the investigation was a Chain of Custody established through a public records investigation? NO As per the investigation was a Clear Chain of Title consequently established through a public records investigation? NO Did the individuals who signed public records documents pass the background checks? NO Was there any evidence that would indicate that the trustee ever accepted the trust? NO Did the person named as trustee sign the deed of trust? NO Did the trustee sign an acceptance of trust? NO If so, was the letter of acceptance attached to the deed of trust as a rider and filed into the County Recorders Office? N/A Did the person named as trustee perform any duties (action) as a trustee? UNKNOWN
***Are there any potential Misdemeanor offense found in the investigation? YES State the number of potential misdemeanors: See pages; 13, 15, 16, 17, 18, 19, 20, 21, and 23 ***Are there any potential Felony offenses found in the investigation? YES State the number of potential Felonys: See Pages; 13, 15, 16, 17, 18, 19, 20, 21, and 23
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INVESTIGATORS REPORT SUMMARY

In reference to the investigation of the Chain of Title and Real Parties in Interest regarding 6796 BREUNIG ROAD, MAZOMANIE, WISCONSIN 53560. LOT 1, CERTIFIED SURVEY MAP 9161, RECORDED IN VOL. 51 OF CERTIFIED SURVEY MAPS, PAGE 262, AS DOCUMENT NO. 3065860. IN THE TOWN OF ROXBURY, DANE COUNTY, WISCONSIN. The following documents are filed and available for access in the Dane County Clerks Office. Documents were provided by Abstrax and an online search was conducted on the Dane County Clerks website to verify any and all documents regarding the Mortgage(s) regarding Daphne and Kendall Marquardt and 6796 Breunig Rd. Mazomanie, WI 53560-9737 The following documents are available as of 01Jan2012 per Dane County Clerk, in reference to the Mortgage of Diane and Kendall Marquardt as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 4783151, Assignment of Mortgage, 09AUG2011 (page 12) 4373560, Satisfaction of Mortgage, 12NOV2007 (page 14) 4353859, Mortgage, 06SEP2007 (page 16) 4344770, Mortgage, 14AUG2007 (page 18) 4344769, Mortgage, 14AUG2007 (page 20) 4259316, Satisfaction of Mortgage, 04DEC2006 (page 21) 4136875, Satisfaction of Mortgage, 29NOV2005 (page 24) 3984625, Assignment of Mortgage, 01NOV2004 (page 25) 3906127, Satisfaction of Mortgage, 03MAY2004 (page 26)
10. 3891670, Mortgage, 02APR2004 (page 27) 11. 3206238, Revolving Credit Mortgage, 19APR2000 (page 28) 12. 3177858, Mortgage, 10DEC1999 (page 29) 13. 3177857, Warranty Deed, 10DEC1999 (page 30)
END OF THIS SECTION
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Tracking the Deed of Trust/Mortgage and the Note:

STATUTE INACTED BY THE WISCONSIN LEGISLATURE: 706.09(4) Chain of title: definition. The term "chain of title" as used in this section includes instruments, actions and proceedings discoverable by reasonable search of the public records and indexes affecting real estate in the offices of the register of deeds and in probate and of clerks of courts of the counties in which the real estate is located; a tract index shall be deemed an index where the same is publicly maintained.
Pursuant to the Real Property Asset Securities Audit the following Documents were NOT found to be recorded with in the Dane County Recorders Office:
Based on the findings of the Real Property Asset Securitization Audit there is reason to question whether the following transaction have actually occurred, but to date the following documents were not made available to the investigator through a public records investigation: To date an ASSIGNMENT to MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5 has NOT been located within the DANE County Clerks office. There is no documentation recorded in the DANE County Clerks Office identifying this entity as having any association with this Mortgage. To date an ASSIGNMENT to MERRILL LYNCH MORTGAGE INVESTORS, INC. has NOT been located within the DANE County Clerks office. There is no documentation recorded in the DANE County Clerks Office identifying this entity as having any association with this Mortgage. To date an ASSIGNMENT to MERRILL LYNCH MORTGAGE LENDING, INC. has NOT been located within the DANE County Clerks office. There is no documentation recorded in the DANE County Clerks Office identifying this entity as having any association with this Mortgage. To date an ASSIGNMENT to HSBC BANK USA, N.A. has NOT been located within the DANE County Clerks office. There is no documentation recorded in the DANE County Clerks Office identifying this entity as having any association with this Mortgage. To date an ASSIGNMENT to WELLS FARGO BANK, N.A. has NOT been located within the DANE County Clerks office. There is no documentation recorded in the DANE County Clerks Office identifying this entity as having any association with this Mortgage. To date a LIMITED POWER OF ATTORNEY is NOT filed, indicating any Law Firm or any other Attorney is to act on behalf of or for any of the Mortgage Companies or Servicers in connection with this Mortgage, in any legal capacity. This note was securitized in: TBW MORTGAGE-BACKED TRUST 2007-1 (See Securitization Audit in Exhibit A)
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Endless Fraud Detection Corp A Broken Chain of Assignments may render the Deed of Trust Void and Unenforceable under UCC 3-201, 3-204 & 3-302.
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MERRILL LYNCH MORTGAGE INVESTORS, INC., Depositor WELLS FARGO BANK, N.A. Master Servicer and Securities Administrator and HSBC BANK USA, NATIONAL ASSOCIATION, Trustee POOLING AND SERVICING AGREEMENT Dated as of October 1, 2007 Mortgage Pass-Through Certificates, MANA Series 2007-OAR5 Section 2.01 Conveyance of Mortgage Loans to Trustee. (a) The Depositor concurrently with the execution and delivery of this Agreement, sells, transfers and assigns to the Issuing Entity without recourse all its right, title and interest in and to (i) the Mortgage Loans identified in the Mortgage Loan Schedule, including all interest and principal due with respect to the Mortgage Loans after the Cut-off Date, but excluding any payments of principal and interest due on or prior to the Cut-off Date; (ii) such assets as shall from time to time be credited or are required by the terms of this Agreement to be credited to the Master Servicer Collection Account, (iii) such assets relating to the Mortgage Loans as from time to time may be held by the Servicers in Protected Accounts, the Master Servicer in the Master Servicer Collection Account and the Securities Administrator in the Distribution Account for the benefit of the Trustee on behalf of the Certificateholders, (iv) any REO Property, (v) the Required Insurance Policies and any amounts paid or payable by the insurer under any Insurance Policy (to the extent the mortgagee has a claim thereto), (vi) the Mortgage Loan Purchase Agreement to the extent provided in Section 2.03(a), (vii) the rights with respect to the Servicing Agreements (as assigned to the Depositor on behalf of the Certificateholders by the Countrywide Assignment Agreement, in the case of the Countrywide Servicing Agreement), (viii) any proceeds of the foregoing and (ix) the Depositor's security interest in any collateral pledged to secure the Mortgage Loans, including the Mortgaged Properties to have and to hold, in trust. Although it is the intent of the parties to this Agreement that the conveyance of the Depositor's right, title and interest in and to the Mortgage Loans and other assets in the Trust Fund pursuant to this Agreement shall constitute a purchase and sale and not a loan, in the event that such conveyance is deemed to be a loan, it is the intent of the parties to this Agreement that the Depositor shall be deemed to have granted to the Trustee a first priority perfected security interest in all of the Depositor's right, title and interest in, to and under the Mortgage Loans and other assets in the Trust Fund, and that this Agreement shall constitute a security agreement under applicable law. (b) In connection with the above transfer and assignment, the Depositor hereby deposits with the Trustee or the Custodian, as its agent, the following documents or instruments (I) with respect to each Mortgage Loan, other than a Cooperative Loan: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5 Mortgage Pass-Through Certificates, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Trustee;
(ii) the original recorded Mortgage or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded; (iii) an original Assignment of the Mortgage executed in the following form: "HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5, Mortgage Pass-Through Certificates. (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Trustee as contemplated by the immediately preceding clause (iii), if applicable and only to the extent available to the Depositor with evidence of recording thereon; (v) the originals of all assumption, modification, consolidation or extension agreements, with evidence of recording thereon, if any; (vi) the original of any guarantee executed in connection with the Mortgage Note; (vii) the original mortgagee title insurance policy; (viii) the original of any security agreement, chattel mortgage or equivalent document executed in connection with the Mortgage; (ix) the original power of attorney, if applicable; and and (II) with respect to each Mortgage Loan that is a Cooperative Loan: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5 Mortgage Pass-Through Certificates, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Trustee; (ii) the original duly executed assignment of Security Agreement to the Trustee; (iii) the acknowledgment copy of the original executed Form UCC-1 (or certified copy thereof) with respect to the Security Agreement, and any required continuation statements; (iv) the acknowledgment copy of the original executed Form UCC-3 with respect to the Security Agreement, indicating the Trustee as the assignee of the secured party; (v) the stock certificate representing the Cooperative Assets allocated to the cooperative unit, with a stock power in blank attached; (vi) the original collateral assignment of the proprietary lease by Mortgagor to the originator; (vii) a copy of the recognition agreement;
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Endless Fraud Detection Corp (viii) if applicable and to the extent available, the original intervening assignments, including warehousing assignments, if any, showing, to the extent available, an unbroken chain of the related Mortgage Loan to the Trustee, together with a copy of the related Form UCC-3 with evidence of filing thereon; and (ix) the originals of each assumption, modification or substitution agreement, if any, relating to the Mortgage Loan; provided, however, that in lieu of the foregoing, the Depositor may deliver the following documents, under the circumstances set forth below: (w) the Depositor may deliver a Mortgage Note pursuant to (a)(i) and (b)(i) endorsed in blank, provided that the endorsement is completed within 60 days of the Closing Date; (x) in lieu of the original Mortgage, assignments to the Trustee or its Custodian, as applicable, or intervening assignments thereof which have been delivered, are being delivered or will, upon receipt of recording information relating to the Mortgage required to be included thereon, be delivered to recording offices for recording and have not been returned to the Depositor in time to permit their delivery as specified above, the Depositor may deliver a true copy thereof with a certification by the Depositor on the face of such copy, substantially as follows: "Certified to be a true and correct copy of the original, which has been transmitted for recording"; and (y) in lieu of the Mortgage, assignment to the Trustee or intervening assignments thereof, if the applicable jurisdiction retains the originals of such documents (as evidenced by a certification from the Depositor or the Master Servicer, to such effect) the Depositor may deliver photocopies of such documents containing an original certification by the judicial or other governmental authority of the jurisdiction where such documents were recorded; and provided, further, however, that in the case of Mortgage Loans which have been prepaid in full after the Cut-off Date and prior to the Closing Date, the Depositor, in lieu of delivering the above documents, may deliver to the Trustee or its Custodian, as applicable, a certification to such effect and shall deposit all amounts paid in respect of such Mortgage Loans in the Distribution Account on the Closing Date. The Depositor shall deliver such original documents (including any original documents as to which certified copies had previously been delivered) to the Trustee or its Custodian, as applicable, promptly after they are received. As of the date hereof, recordation of the assignment of the Mortgage Loans to the Trustee or the Custodian, as applicable, is not required in any state by either Rating Agency to obtain the initial rating on the Certificates (upon which statement the Master Servicer, the Trustee and the Custodian may each conclusively rely). If any original Mortgage Note referred to in Section 2.01(b)(I)(i) or 2.01(b)(II)(i) above cannot be located, the obligations of the Depositor to deliver such documents shall be deemed to be satisfied upon delivery to the Trustee or its Custodian, as applicable, of a photocopy of such Mortgage Note, if available, with a lost note affidavit. If any of the original Mortgage Notes for which a lost note affidavit was delivered to the Trustee or its Custodian, as applicable, is subsequently located, such original Mortgage Note shall be delivered to the Trustee or its Custodian, as applicable, within three Business Days. (c) The parties hereto agree that it is not intended that any mortgage loan be included in the Trust Fund that is, without limitation, a "High Cost Loan" as defined by the Home Ownership and Equity Protection Act of 1994 or any other applicable anti-predatory lending laws, including but not limited to (i) a "High-Cost Home Loan" as defined in the New Jersey Home Ownership Act effective November 27, 2003, (ii) a "High-Cost Home Loan" as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (iii) a "High Cost Home Mortgage Loan" as defined in the Massachusetts Predatory Home Loan Practices Act effective November 7, 2004 or (iv) a
Endless Fraud Detection Corp "High-Cost Home Loan" as defined by the Indiana High Cost Home Loan Law effective January 1, 2005. (d) Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge that the functions of the Trustee with respect to the custody, acceptance, inspection and release of Mortgage Files, including but not limited to certain insurance policies and documents contemplated by Section 3.12 of this Agreement, and preparation and delivery of the certifications shall be performed by the Custodian(s) pursuant to the terms and conditions of the Custodial Agreement(s) PSA http://www.sec.gov/Archives/edgar/data/1416072/000095012307015634/x41337k2exv4w1.txt
END OF THIS SECTION
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Documents that are found to be recorded with in the DANE County Recorders Office:
1. ASSIGNMENT OF MORTGAGE, 09AUG2011, DOC# 4783151
Date of Doc: 04AUG2011 This document was filed by BANK OF AMERICA.

The document is reporting the change of Mortgage holder from Countrywide Bank, FSB, to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP

A Background check was conducted on MERS and BAC Home Loans Servicing LP. An injunction was filed against BAC Home Loans Servicing LP to cease business practices. See attached link; http://www.sec.gov/rules/ic/2011/ic-29688.pdf Several cases have been filed against BAC Home Loans Servicing LP and MERS across the U.S.
Please refer to page 18 regarding the identification of MERS Background Checks of the individuals on this document;
#1.1: A Background check was conducted on the signer of the Assignment of Mortgage. This individual singed the document as Assistant Secretary to MERS. His name is Bud Kamyabi. A few documents found with his signature appear different and a signature analysis is recommended. See attached links; http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A201100110752 http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A201100110753
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Endless Fraud Detection Corp #1.3: A Background check was conducted on the notary on the Assignment of Mortgage, on the name, David McCall, Commission #1925272 A check was done at the Secretary of State for California web site for his name and there was no active listing for a David McCall at the time said search was performed. A background check was done for David McCall and additional information is required, such as date of birth and or social security number to properly identify this person.

There are a number of potential State Penal Code violations uncovered during this Investigation regarding the documents filed within the Dane County Clerks office. They are as follows:
Possible Misdemeanors; including but not limited to: 943.38(3)(f) Forgery Class A misdemeanor 943.392 Fraudulent data alteration Class A misdemeanor Possible Felonies; including but not limited to: 943.38(1) Forgery Class H felony 943.39 Fraudulent writings. Class H felony 943.60 Criminal slander of title Class H felony 946.72 Tampering with public records and notices Class H felony
End of Assignment of Mortgage Summary Review

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2.
Satisfaction of Mortgage, 12NOV2007, DOC #4373560

Date of Doc: 31OCT2007
This document was filed by ReconTrust Company.

This document is stating that MERS is satisfying the mortgage deed to MERS held by Daphne and Kendall Marquardt for $288,000.

A Background check was conducted on MERS. Please refer to page 18 regarding the identification of MERS

#1.1: A Background check was conducted on the signer of the Satisfaction of Mortgage This individual signed the document as Assistant Secretary to MERS. Beverly Brooks signed this document as Assistant Secretary to MERS. Several public documents with signed by a Beverly Brooks as Assistant Secretary to MERS show different signatures. Recommend signature analysis. See attached links; http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A201100217001&page=1&view=FitV&scrollbar=0&navpanes=0&statusbar=0&me ssages=0?iframe=true&width=50%25&height=95%25 http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A201100199148 #1.2: A Background check was conducted on the notary on the Satisfaction of Mortgage, on the name, Julie K. Kirby Commission # 1589111 A bankruptcy is found for a Julie K. Kirby filed in 2008. No notary was able to be located for this person. Several public documents were found with a Julie K. Kirby as notary and based on California Notary Law; invalid jurats were utilized each time. See attached links; http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A20070278860 http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A20070271200
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Endless Fraud Detection Corp http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A20070379043

There are a number of potential State Penal Code violations uncovered during this Investigation regarding the documents filed within the Dane County Clerks office. They are as follows: Possible Misdemeanors; including but not limited to: 943.38(3)(f) Forgery Class A misdemeanor 943.392 Fraudulent data alteration Class A misdemeanor Possible Felonies; including but not limited to: 943.38(1) Forgery Class H felony 943.39 Fraudulent writings. Class H felony 943.60 Criminal slander of title Class H felony 946.72 Tampering with public records and notices Class H felony
End of Satisfaction of Mortgage Summary Review

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3.
Mortgage, 06SEP2007, DOC #4353859

Date of Doc: 10NOV2006
This document was filed by CountryWide Home Loans, Inc.

This document is stating that Americas Wholesale Lender is lending $288,000 to Kendall and Daphne Marquardt for the purchase of the property with the address of 6796 Breunig Rd. Mazomanie WI 53560-9737. MERS is listed as nominee to lender.

A background check was conducted on MERS. Please refer to page 18 regarding the identification of MERS A background check was done on Americas Wholesale Lender. Found numerous court cases where Americas Wholesale Lender and it subsidiaries were defendants for improper foreclosure proceedings.

#1.1: A Background check was conducted on the notary on the Satisfaction of Mortgage, on the name, Julie K. Bergholz This is an active notary. The listed business name and address for this notary is 4Ever Mortgage LLC; 1320 Mendota Street. Suite # 119, Madison Wisconsin 53714. The commission is active until 19JAN2014. Upon further investigation, 4Ever Mortgage is a parent company with a d/b/a Baytree National Bank & Trust Company with the same address and phone number; (608)240.9400

End of Mortgage Summary Review

4.
Mortgage, 14AUG2007, DOC #4344770

Date of Doc: 06AUG2007

This document is stating that CountryWide Bank, FSB is lending $15,000 to Kendall and Daphne Marquardt as a Home Equity Credit Line Agreement on the property with the address of 6796 Breunig Rd. Mazomanie WI 53560-9737. MERS is listed as nominee to lender.

A background check was conducted on MERS. Please refer to page 18 regarding the identification of MERS A background check was done on CountryWide Bank, FSB. On April 27, 2009, CountryWide Bank FSB merged with Bank of America and became Bank of America FSB.

#1.1: A Background check was conducted on the notary on the Mortgage, on the name, Michelle Kern This is an inactive notary. The listed business name and address for this notary is Residential Title; 2810 Crossroads Drive. Suite # 1300, Madison Wisconsin 53718. The commission was active until 26JUL2009. Upon further investigation, Residential Title is no longer in business with the listed phone number; (608)245.1144 Upon further investigation into Michelle Kern in the State of Wisconsin, there were found to over 10 different Michelle Kerns listed. More information is required to perform a more detailed investigation such as date of birth or social security number.


5.
Mortgage, 14AUG2007, DOC #4344769

Date of Doc: 06AUG2007

This document is stating that CountryWide Bank, FSB is lending $283,200 to Kendall and Daphne Marquardt for the purchase of the property with the address of 6796 Breunig Rd. Mazomanie WI 53560-9737. MERS is listed as nominee to lender.

A background check was conducted on MERS. Please refer to page 18 regarding the identification of MERS A background check was done on CountryWide Bank, FSB. On April 27, 2009, CountryWide Bank FSB merged with Bank of America and became Bank of America FSB.

#1.1: A Background check was conducted on the notary on the Mortgage, on the name, Michelle Kern This is an inactive notary. The listed business name and address for this notary is Residential Title; 2810 Crossroads Drive. Suite # 1300, Madison Wisconsin 53718. The commission was active until 26JUL2009. Upon further investigation, Residential Title is no longer in business with the listed phone number; (608)245.1144 Upon further investigation into Michelle Kern in the State of Wisconsin, there were found to over 10 different Michelle Kerns listed. More information is required to perform a more detailed investigation such as date of birth or social security number.


6.
Satisfaction of Mortgage, 04DEC2006, DOC #4259316

Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Mea (lacramloara) Draghici, of the Verdugo Trustee Service Corporation P.O. Box 9443, Dept. 1020/CFMC, Gaithersburg, MD 20898-9443, Phone 800-283-7918. Upon making contact with the phone number listed, It was discovered that the phone number is for Citimortgage, Inc. P.O. 68196 Des Moines Iowa 50368-9196. After speaking with Juan, employee #20311, he identified Verdugo Trustee Service Corporation is under Citi-Group.

This document is stating that Citimortgage, Inc. acknowledges receipt of full payment and satisfaction and cancels and discharges mortgage listed in document # 3891670 filed with the Dane County Clerks Office.

A Background check was conducted on MERS. Please refer to page 18 regarding the identification of MERS

#1.1: A Background check was conducted on the signer of the Satisfaction of Mortgage This individual signed the document as Vice-President of Citimortgage, Inc. Geraldine M. Simpson signed this document as Vice-President to Citimortgage, Inc. Several public documents signed by a Geraldine M. Simpson as Assistant Secretary to MERS and Vice-President to Citimortgage showing different signatures. Recommend signature analysis. See attached links; http://67.152.106.40/ailis/search.do?indexName=dallasimages&lq=Instrument%3A200600 399724 http://deeds.desotocountyms.gov/T/T02584-00336.pdf http://www.roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=I nstrument%3A200600466538 http://www.pottco.org/deed_pdf/107/3/2/9/107-3296.pdf #1.2: A Background check was conducted on the notary on the Satisfaction of Mortgage, on the name, Jane Eyler
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Endless Fraud Detection Corp A notary was found for Jane Eyler. Several public documents were found with a Jane Eyler with different signatures. Recommend signature analysis. While investigating Jane Eyler, it was determined that more information is required to properly identify and locate this person such as date of birth and or social security number. See attached links; http://www.roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=I nstrument%3A200600466538
http://deeds.desotocountyms.gov/T/T02584-00336.pdf ***Possible Penal Code Violations:***

There are a number of potential State Penal Code violations uncovered during this Investigation regarding the documents filed within the Dane County Clerks office. They are as follows: Possible Misdemeanors; including but not limited to: 943.38(3)(f) Forgery Class A misdemeanor 943.392 Fraudulent data alteration Class A misdemeanor Possible Felonies; including but not limited to: 943.38(1) Forgery Class H felony 943.39 Fraudulent writings. Class H felony 943.60 Criminal slander of title Class H felony 946.72 Tampering with public records and notices Class H felony

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7.
Satisfaction of Mortgage, 29NOV2005, DOC #4136875

Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Mary Lynn Johnson, of the Peoples Community Bank, with the address of 222 W. Commercial Street Mazomanie, WI 53560.

This document is stating that the Lender; The Peoples community Bank, acknowledges receipt of full payment and satisfaction and cancels and discharges mortgage listed in document # 3177858 filed with the Dane County Clerks Office.

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8.
Assignment of Mortgage, 01NOV2004, DOC #3984625

Date of Doc: 25OCT2004
Based on the information listed on the document, it is not possible to determine who filed this document. It has a return request S.A. Wileman, of the Orion Financial Group, Inc., with the address of 2860 Exchange Blvd. # 100, Southlake, TX 76092.

This document is stating that the MERS; acting solely as nominee to Lender; Americas Mortgage Banc, assigns mortgage to Citifinancial Mortgage Company, Inc., 1111 Northpoint Drive, Bldg. # 4, Suite # 100, Coppell, TX 75019, in reference to mortgage listed in document # 3891670 filed with the Dane County Clerks Office.
End of Assignment of Mortgage Summary Review

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9.
Satisfaction of Mortgage, 03MAY2004, DOC #3906127

Date of Doc: 14APR2004
Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Danielle Kunz, of the Community America Credit Union, with the address of P.O. Box 15950, Lenexa, KS 66285-5950.

This document is stating that the Lender; Community America Credit Union, acknowledges receipt of full payment and satisfaction and cancels and discharges mortgage listed in document # 3206238 filed with the Dane County Clerks Office. .

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10. Mortgage, 02APR2004, DOC #3891670

Date of Doc: 26MAR2004 Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Julie Korth, of the Americas Mortgage Banc, with the address of 10551 Barkley St., # 111, Overland Kansas 66212.

This document is stating that Kansas Corporation is lending $244,800 to Kendall and Daphne Marquardt for the purchase of the property with the address of 6796 Breunig Rd. Mazomanie WI 53560-9737. MERS is listed as nominee to lender. .
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11. Revolving Credit Mortgage, 19APR2000, DOC #3203268

Date of Doc: 22MAR2000 Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Vicki Conway, of the Community America Credit Union, with the address of P.O. Box 7690 Shawnee Mission, KS 66207.

This document is stating that Community America Credit Union is lending $65,000 to Kendall and Daphne Marquardt as a revolving credit line with the property address of 6796 Breunig Rd. Mazomanie WI 53560-9737 as collateral.
End of Revolving Credit Mortgage Summary Review
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12. Mortgage, 10DEC1999, DOC #3177858

Date of Doc: 03DEC1999 Based on the information listed on the document, it is not possible to determine who filed this document. It was prepared by Stacey J. Dyreson, who is listed as the notary of this document. The company that requested a return of document is The Peoples State Bank, One Brodhead Street, P.O. Box 8, Mazomanie, WI 53560

This document is stating that The Peoples State Bank is lending $187,004.25 to Kendall and Daphne Marquardt for the purchase of the property with the address of 6796 Breunig Rd. Mazomanie WI 53560-9737.
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13. Warranty Deed, 10DEC1999, DOC #3177857

Date of Doc: 03DEC1999 Based on the information listed on the document, it is not possible to determine who filed this document. It was drafted by Attorney Brian F. Glynn, who authenticated this document for Allan and Lori Breunig and Kendall and Daphne Marquardt. The Marquardts requested a return of document to 6796 Breunig Road, Mazomanie, WI 53560

This document is stating that Allan and Lori Breunig, Grantor, conveys to Kendall and Daphne Marquardt, Lot # 1 as stated in Document # 3065860, recorded in the Dane County Recorders Office. The property listed in the document has the address of 6796 Breunig Rd. Mazomanie WI 53560-9737.
End of Warranty Deed Summary Review

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Standing Deed of Trust Document;

A Broken Chain of Assignments may render the Deed of Trust Void and Unenforceable under UCC 3-201, 3-204 & 3-302.
Summary of the Deed of Trust;

06SEP2007, Mortgage, Document # 4353859, identifies the following parties: Lender: Americas Wholesale Lender Borrowers: Kendall L Marquardt and Daphne S Marquardt Date: 10NOV2006 Nominee/Beneficiary to Lender: MERS Adjustable Rate Rider This document was signed by both borrowers was Notarized by Julie K. Bergholz. The Rider was signed by both borrowers but not notarized.
On 10NOV2006, Debtors DIANE AND KENDALL MARQUARDT executed a negotiable promissory note and a security interest in the form of a Deed of Trust in the amount of $288,000. This document was filed as document number 4353859 in the Official Records, DANE COUNTY, TEXAS. This document does not identify the loan number. The original lender of the promissory note is Americas Wholesale Lender. Mortgage Electronic Registration Systems, Inc. (hereafter MERS) is not named as the payee of the note, but is named as acting solely as a nominee for lender as the beneficiary of the security interest Deed of Trust.
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MERS
MERS was created to eliminate the need for the executing and recording of assignment of mortgages, with the idea that MERS would be the mortgagee of record. This would allow MERS to foreclose on the property and/or to transfer and assign notes and mortgages/deeds of trust, and at the same time, assist the lenders in avoiding the recording of the Assignments of Beneficiary on loans sold. This saved the lenders money in manpower and the costs of recording these notes, but also comes at a cost of millions of dollars annually to local county recording offices. MERS was also designed to shield investors from liability as a result of lender misconduct regarding the process of mortgage lending. MERS is simply an artificial entity essentially nothing more than a computer - designed to circumvent certain laws and legal requirements dealing with mortgage loans. By designating certain member employees to be MERS corporate officers, MERS has created a situation whereby the foreclosing agencies and MERS' designated officers stand at conflict of interest because, as MERS itself admits and as courts across our nation have recognized, the MERS officers are not actually employees of MERS, but are employees and/or agents of the foreclosing agency. Numerous courts across our nation recognize and agree that employees/agents of servicers executing assignments/transfers of notes is both illegal and ineffective. MERS' involvement in transfers and assignments of notes creates a situation where notes that are purportedly transferred and assigned by MERS were never endorsed and never transferred and assigned to MERS by any party with actual rights to transfer and assign the notes to MERS. In these transactions, (1) MERS is not a party to and did not participate in negotiation of the notes, and (2) neither the notes, nor the mortgages/deeds of trust commonly transferred and assigned along with the notes, give MERS any power to affect the note, to benefit from it or to recognize any value in/from it. Further, in such transfer and assignment transactions, the notes are separated from the mortgages/deeds of trust, which numerous courts across our nation agree is a situation (bifurcation) that renders the debt unsecured and the security instrument (mortgage/deed of trust) void and unenforceable. In addition to all of this, the documents necessary to affect these purported transfer and assignment transactions are executed by employees of the would-be assignees/transferees, who sign as MERS officers, who are often not in the presence of any notary, and who in many cases
Endless Fraud Detection Corp sign multiple names on multiple documents and/or execute several hundred documents per day. When an assignment/transfer of a note is executed, it is the transferee/assignee that goes to the website, downloads the necessary forms, completes the forms and then takes it to the designated MERS officer (who is actually an agent/employee of the transferee/assignee) to sign. What's even worse is that a great many foreclosure actions have been brought in the name of MERS throughout the country. MERS admits and numerous courts across our nation recognize and agree that MERS does not acquire any beneficial interest whatsoever in notes, does not acquire physical possession of notes, cannot transfer beneficial interest in notes, and does not receive any income from any payments on notes. MERS agreements state, and MERS has represented in courts, that MERS and the Member [the MERS customer whose agents/employees act as MERS officers] agree that: (i) the MERS System is not a vehicle for creating or transferring beneficial interest in mortgage loans, and (ii) transfer of servicing interests reflecting on MERS System are subject to the consent of the [true] beneficial owner. It has been recognized in various courts that MERS is not an economic beneficiary despite being named as such in mortgages/deeds of trust. The lender or other holder of the note does not indorse the note to MERS, nor does it transfer and assign the note to MERS, but simply registers the loan on MERS. Thereafter, all sales or assignments of the mortgage loan are accomplished electronically under the MERS system, purportedly in the name of MERS by the above-described MERS officers. MERS does not record a transfer/assignment of a primary market note in the in local land records as required by law until the foreclosure process starts and the Notice of Default has been filed, and apparently so only when it appears that the borrower will not be able to reinstate the loan and foreclosure is inevitable. MERS maintains itself as the beneficiary throughout the entire process, right up to foreclosure. On the secondary market side, assignments and transfers of securitized notes with which MERS is purportedly involved are required to be recorded in local land records by the terms of the Trusts into which the notes are securitized; however, this almost never happens and thus even further obfuscates chain of title whereby real parties in interest could otherwise be easily determined.
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Summary of potential consumer protection laws violated during the origination of the Note Attached* to this Deed of Trust; Senior Certified Forensic Loan Auditor
As per the Forensic Loan Underwriting Audit were State and Federal Laws, statutes and or codes followed regarding the creation of a perfected lien status? Underwriting TILA APR Tolerance Test TILA Finance Charge Test TILA Right of Rescission Predatory Indicators Fraud* Securitization FORENSIC REPORT SUMMARY Total Potential TILA Violations: 11 (See Securitization Audit pages) Total Potential RESPA Violations: 3 (See Securitization Audit page) Total Predatory Lending Violations: 13 (See Securitization Audit pages)
*Note in some instances the Note and Deed of Trust may have been separated and thus bifurcation may have accord according to case law!
FAIL PASS PASS FAIL FAIL FAIL
Consumer protection laws are a form of government regulation which aims to protect the rights of all consumers. Federal Laws and many States as well require that the Note be originated in complete compliance with these laws, rules and regulations in order to assert a lawful claim. This is to insure that overly complicated loans did not take advantage of unsophisticated borrower/ consumers.
TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > 1601 illustrates this perfectly! 1601. Congressional findings and declaration of purpose (a) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
The integrity and strength of a claim made by a Deed of Trust may become suspect if the Note to which it secures violates the most basic intent of these Consumer Protection Laws passed by congress in its origination phase. U.S. Supreme Court; Carpenter v. Longan, 83 U.S. 16 Wall. 271 271 (1872)
In the course of this investigation a Real Property Asset Securitization Audit and a Forensic Mortgage Loan Underwriting Audit was conducted by Certified Forensic Mortgage Underwriter FORENSIC AUDITOR: MARLA GIDDINGS SECURITIES AUDITOR: ARTHUR BERNARDO. Their reports are provided for review;
END OF INVESTIGATORS SUMMARY REPORT!

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Exhibit A
Securitization Analysis
PROPERTY SECURITIZATION ANALYSIS REPORT

This is a Securitization Analysis Report and not a Forensic Audit Report
Borrowers:
KENDALL L. MARQUARDT & DAPHNE D. MARQUARDT

Property: 6796 BREUNIG RD, MAZOMANIE, WI 53560
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SECTION 1: TRANSACTION DETAILS
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SECTION 2: SECURITIZATION
SECURITIZATION PARTICIPANTS:
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Endless Fraud Detection Corp $547,540,000 (APPROXIMATE) MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5 ISSUING ENTITY MORTGAGE PASS-THROUGH CERTIFICATES MERRILL LYNCH MORTGAGE INVESTORS, INC. DEPOSITOR MERRILL LYNCH MORTGAGE LENDING, INC. SPONSOR ASSIGNMENT OF THE MORTGAGE LOANS Under the Mortgage Loan Purchase Agreement, the Sponsor will sell the Mortgage Loans to the Depositor. Pursuant to the Mortgage Loan Purchase Agreement, the Sponsor will make certain representations, warranties and covenants relating to, among other things, certain characteristics of the Mortgage Loans. The Sponsor will represent that no Mortgage Loan is subject to the Home Ownership and Equity Protection Act of 1994 or is a "high cost" or "predatory" loan under any applicable state or local law applicable to the originator of such Mortgage Loan. The Sponsor also will represent that each Mortgage Loan at the time it was made complied in all material respects with applicable local, state and federal laws, including but not limited to, all applicable predatory or abusive lending laws. Such representations and warranties will be assigned by the Depositor to the Issuing Entity. Subject to the limitations described below, the Sponsor will be obligated as described herein to purchase or substitute a similar mortgage loan for any Mortgage Loan as to which there exists deficient documentation or as to which there has been an uncured breach of any such representation or warranty relating to the characteristics of such Mortgage Loan that materially and adversely affects the value of such Mortgage Loan or the interests of the Certificateholders in such Mortgage Loan (a "DEFECTIVE MORTGAGE LOAN"). See "Description of the Agreements--Representations and Warranties; Repurchases" in the accompanying prospectus (the "PROSPECTUS"). The obligations of the Sponsor with respect to the Certificates are limited to the Sponsor's obligations to purchase or substitute for Defective Mortgage Loans. Pursuant to the Pooling and Servicing Agreement, on the Closing Date, the Depositor will sell, transfer, assign, set over and otherwise convey without recourse to the Issuing Entity all of its rights to the Mortgage Loans and its rights under the Mortgage Loan Purchase Agreement (including the right to enforce the Sponsor's repurchase obligations). In addition, the Depositor will assign to the Issuing Entity certain of its rights with regards to the Servicing Agreements. In connection with such transfer and assignment of the Mortgage Loans, the Depositor will deliver or cause to be delivered to the Trustee or its custodian, among other things, the original promissory note (the "MORTGAGE NOTE") (and any modification or amendment thereto) endorsed in blank without recourse, the original instrument creating a first lien on the related Mortgaged Property (the "MORTGAGE") with evidence of recording indicated thereon, an assignment in recordable form of the Mortgage, the title policy with respect to the related Mortgaged Property and, if applicable, all recorded intervening assignments of the Mortgage and any riders or modifications to such Mortgage Note and Mortgage (except for any such document other than Mortgage Notes not available on the Closing Date, which will be delivered to the Trustee or its custodian as soon as the same is available to the Depositor) (collectively, the "MORTGAGE FILE"). Assignments of the Mortgage Loans to the Trustee (or its nominee) will be recorded in the appropriate public office for real property records, except in states where, in the opinion of counsel, delivered at the request and at the expense of the Depositor on the Closing Date, such recording is
Endless Fraud Detection Corp not required to protect the Trustee's interest in the Mortgage Loans against the claim of any subsequent transferee or any successor to or creditor of the Depositor. The Trustee or its custodian will review each Mortgage File within 270 days of the Closing Date (or promptly after the Trustee's or its custodian's receipt of any document permitted to be delivered after the Closing Date) and will hold such Mortgage Files in trust for the benefit of the Certificateholders. If at the end of such 270-day period, any document in a Mortgage File is found to be missing or defective in a material respect and the Sponsor does not cure such omission or defect within 90 days after its receipt of notice from the Trustee or its custodian, then the Sponsor is obligated to purchase the related Defective Mortgage Loan from the Issuing Entity at a price equal to the sum of (a) 100% of the Stated Principal Balance thereof, (b) unpaid accrued interest thereon from the Due Date to which interest was last paid by the mortgagor to the Due Date immediately preceding the repurchase and (c) any unreimbursed Monthly Advances and servicing advances not included in clauses (a) and (b) above. Rather than purchase a Defective Mortgage Loan as provided above, the Sponsor may remove such Mortgage Loan (a "DELETED MORTGAGE LOAN") from the Mortgage Pool and substitute in its place one or more mortgage loans of like kind (such loan, a "REPLACEMENT MORTGAGE LOAN"); provided, however, that such substitution is permitted only within two years after the Closing Date and may not be made unless an opinion of counsel is provided to the effect that such substitution would not disqualify any of the REMICs or result in a prohibited transaction tax under the Code. Any Replacement Mortgage Loan generally will, on the date of substitution, as confirmed by a certificate delivered by the Sponsor to the Trustee, among other characteristics set forth in the Mortgage Loan Purchase Agreement, (i) have an outstanding principal balance, after deduction of all scheduled payments due in the month of substitution, not in excess (and not less than 90%) of the Stated Principal Balance of the Deleted Mortgage Loan (the amount of any shortfall to be deposited in the Distribution Account not later than the succeeding Determination Date and held for distribution to the Certificateholders on the related Distribution Date), (ii) have a maximum Mortgage Rate not less than (and not more than two percentage points greater than) the maximum mortgage rate of the Deleted Mortgage Loan, (iii) have a gross margin not less than that of the Deleted Mortgage Loan and, if Mortgage Loans equal to 1% or more of the Cut-off Date principal balance of the Mortgage Pool have become Deleted Mortgage Loans, not more than two percentage points more than that of the Deleted Mortgage Loan, (iv) have a Loan-to-Value Ratio not higher than that of the Deleted Mortgage Loan, (v) have a remaining term to maturity not greater than (and not more than one year less than) that of the Deleted Mortgage Loan, (vi) not permit conversion of the related Mortgage Rate to a permanent fixed Mortgage Rate, (vii) have the same or higher credit score, (viii) have an initial interest adjustment date no earlier than five months before (and no later than five months after) the initial interest adjustment date of the Deleted Mortgage Loan, (ix) be a "qualified replacement mortgage" within the meaning of Section 860G(a)(4) of the Code and (x) comply with all of the representations and warranties set forth in the Mortgage Loan Purchase Agreement. For each Distribution Date, the "DETERMINATION DATE" will be the determination date as defined in the related Servicing Agreement. This cure, repurchase or substitution obligation constitutes the sole remedy available to the Certificateholders or the Trustee for omission of, or a material defect in, a Mortgage File. 424B5 http://www.sec.gov/Archives/edgar/data/1416072/000095012307014789/y41337e424b5.txt
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Endless Fraud Detection Corp MERRILL LYNCH MORTGAGE INVESTORS, INC., Depositor WELLS FARGO BANK, N.A. Master Servicer and Securities Administrator and HSBC BANK USA, NATIONAL ASSOCIATION, Trustee POOLING AND SERVICING AGREEMENT Dated as of October 1, 2007 Mortgage Pass-Through Certificates, MANA Series 2007-OAR5 Section 2.01 Conveyance of Mortgage Loans to Trustee. (a) The Depositor concurrently with the execution and delivery of this Agreement, sells, transfers and assigns to the Issuing Entity without recourse all its right, title and interest in and to (i) the Mortgage Loans identified in the Mortgage Loan Schedule, including all interest and principal due with respect to the Mortgage Loans after the Cut-off Date, but excluding any payments of principal and interest due on or prior to the Cut-off Date; (ii) such assets as shall from time to time be credited or are required by the terms of this Agreement to be credited to the Master Servicer Collection Account, (iii) such assets relating to the Mortgage Loans as from time to time may be held by the Servicers in Protected Accounts, the Master Servicer in the Master Servicer Collection Account and the Securities Administrator in the Distribution Account for the benefit of the Trustee on behalf of the Certificateholders, (iv) any REO Property, (v) the Required Insurance Policies and any amounts paid or payable by the insurer under any Insurance Policy (to the extent the mortgagee has a claim thereto), (vi) the Mortgage Loan Purchase Agreement to the extent provided in Section 2.03(a), (vii) the rights with respect to the Servicing Agreements (as assigned to the Depositor on behalf of the Certificateholders by the Countrywide Assignment Agreement, in the case of the Countrywide Servicing Agreement), (viii) any proceeds of the foregoing and (ix) the Depositor's security interest in any collateral pledged to secure the Mortgage Loans, including the Mortgaged Properties to have and to hold, in trust. Although it is the intent of the parties to this Agreement that the conveyance of the Depositor's right, title and interest in and to the Mortgage Loans and other assets in the Trust Fund pursuant to this Agreement shall constitute a purchase and sale and not a loan, in the event that such conveyance is deemed to be a loan, it is the intent of the parties to this Agreement that the Depositor shall be deemed to have granted to the Trustee a first priority perfected security interest in all of the Depositor's right, title and interest in, to and under the Mortgage Loans and other assets in the Trust Fund, and that this Agreement shall constitute a security agreement under applicable law. (b) In connection with the above transfer and assignment, the Depositor hereby deposits with the Trustee or the Custodian, as its agent, the following documents or instruments (I) with respect to each Mortgage Loan, other than a Cooperative Loan: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5 Mortgage Pass-Through Certificates, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Trustee;
Endless Fraud Detection Corp (ii) the original recorded Mortgage or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded; (iii) an original Assignment of the Mortgage executed in the following form: "HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5, Mortgage Pass-Through Certificates. (iv) the original recorded Assignment or Assignments of the Mortgage showing a complete chain of assignment from the originator to the Person assigning the Mortgage to the Trustee as contemplated by the immediately preceding clause (iii), if applicable and only to the extent available to the Depositor with evidence of recording thereon; (v) the originals of all assumption, modification, consolidation or extension agreements, with evidence of recording thereon, if any; (vi) the original of any guarantee executed in connection with the Mortgage Note; (vii) the original mortgagee title insurance policy; (viii) the original of any security agreement, chattel mortgage or equivalent document executed in connection with the Mortgage; (ix) the original power of attorney, if applicable; and and (II) with respect to each Mortgage Loan that is a Cooperative Loan: (i) the original Mortgage Note, endorsed in the following form: "Pay to the order of HSBC Bank USA, National Association, as Trustee for the registered holders of the Merrill Lynch Alternative Note Asset Trust, Series 2007-OAR5 Mortgage Pass-Through Certificates, without recourse," with all prior and intervening endorsements showing a complete chain of endorsement from the originator to the Person so endorsing to the Trustee; (ii) the original duly executed assignment of Security Agreement to the Trustee; (iii) the acknowledgment copy of the original executed Form UCC-1 (or certified copy thereof) with respect to the Security Agreement, and any required continuation statements; (iv) the acknowledgment copy of the original executed Form UCC-3 with respect to the Security Agreement, indicating the Trustee as the assignee of the secured party; (v) the stock certificate representing the Cooperative Assets allocated to the cooperative unit, with a stock power in blank attached; (vi) the original collateral assignment of the proprietary lease by Mortgagor to the originator; (vii) a copy of the recognition agreement; (viii) if applicable and to the extent available, the original intervening assignments, including warehousing assignments, if any, showing, to the extent available, an unbroken chain of the related
Endless Fraud Detection Corp Mortgage Loan to the Trustee, together with a copy of the related Form UCC-3 with evidence of filing thereon; and (ix) the originals of each assumption, modification or substitution agreement, if any, relating to the Mortgage Loan; provided, however, that in lieu of the foregoing, the Depositor may deliver the following documents, under the circumstances set forth below: (w) the Depositor may deliver a Mortgage Note pursuant to (a)(i) and (b)(i) endorsed in blank, provided that the endorsement is completed within 60 days of the Closing Date; (x) in lieu of the original Mortgage, assignments to the Trustee or its Custodian, as applicable, or intervening assignments thereof which have been delivered, are being delivered or will, upon receipt of recording information relating to the Mortgage required to be included thereon, be delivered to recording offices for recording and have not been returned to the Depositor in time to permit their delivery as specified above, the Depositor may deliver a true copy thereof with a certification by the Depositor on the face of such copy, substantially as follows: "Certified to be a true and correct copy of the original, which has been transmitted for recording"; and (y) in lieu of the Mortgage, assignment to the Trustee or intervening assignments thereof, if the applicable jurisdiction retains the originals of such documents (as evidenced by a certification from the Depositor or the Master Servicer, to such effect) the Depositor may deliver photocopies of such documents containing an original certification by the judicial or other governmental authority of the jurisdiction where such documents were recorded; and provided, further, however, that in the case of Mortgage Loans which have been prepaid in full after the Cut-off Date and prior to the Closing Date, the Depositor, in lieu of delivering the above documents, may deliver to the Trustee or its Custodian, as applicable, a certification to such effect and shall deposit all amounts paid in respect of such Mortgage Loans in the Distribution Account on the Closing Date. The Depositor shall deliver such original documents (including any original documents as to which certified copies had previously been delivered) to the Trustee or its Custodian, as applicable, promptly after they are received. As of the date hereof, recordation of the assignment of the Mortgage Loans to the Trustee or the Custodian, as applicable, is not required in any state by either Rating Agency to obtain the initial rating on the Certificates (upon which statement the Master Servicer, the Trustee and the Custodian may each conclusively rely). If any original Mortgage Note referred to in Section 2.01(b)(I)(i) or 2.01(b)(II)(i) above cannot be located, the obligations of the Depositor to deliver such documents shall be deemed to be satisfied upon delivery to the Trustee or its Custodian, as applicable, of a photocopy of such Mortgage Note, if available, with a lost note affidavit. If any of the original Mortgage Notes for which a lost note affidavit was delivered to the Trustee or its Custodian, as applicable, is subsequently located, such original Mortgage Note shall be delivered to the Trustee or its Custodian, as applicable, within three Business Days. (c) The parties hereto agree that it is not intended that any mortgage loan be included in the Trust Fund that is, without limitation, a "High Cost Loan" as defined by the Home Ownership and Equity Protection Act of 1994 or any other applicable anti-predatory lending laws, including but not limited to (i) a "High-Cost Home Loan" as defined in the New Jersey Home Ownership Act effective November 27, 2003, (ii) a "High-Cost Home Loan" as defined in the New Mexico Home Loan Protection Act effective January 1, 2004, (iii) a "High Cost Home Mortgage Loan" as defined in the Massachusetts Predatory Home Loan Practices Act effective November 7, 2004 or (iv) a "High-Cost Home Loan" as defined by the Indiana High Cost Home Loan Law effective January 1, 2005.
(d) Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge that the functions of the Trustee with respect to the custody, acceptance, inspection and release of Mortgage Files, including but not limited to certain insurance policies and documents contemplated by Section 3.12 of this Agreement, and preparation and delivery of the certifications shall be performed by the Custodian(s) pursuant to the terms and conditions of the Custodial Agreement(s) PSA http://www.sec.gov/Archives/edgar/data/1416072/000095012307015634/x41337k2exv4w1.txt
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Endless Fraud Detection Corp SECTION 3: FORECLOSURE Chain of Title and Chain of Note Recorded Events on the Loan Including Foreclosure Issues and Securitization
Recorded Chain of Mortgage Possession Date
AUGUST 14, 2007 Instrument # 4344769 Official Records, DANE COUNTY WISCONSIN
Original Mortgage
KENDALL L. MARQUARDT & DAPHNE D. MARQUARDT (Borrower) COUNTRYWIDE BANK, FSB (Lender) Loan # 0178175702 MIN 1001337-0002389255-0
AUGUST 09, 2011 Instrument # 4783151 Official Records, DANE COUNTY WISCONSIN
ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., BUD KAMYABI
Chain of Note Possession Date Note Holder

COUNTRYWIDE BANK, FSB (Lender) AUGUST 06, 2007 Principal Amount: $283,200.00 Loan # 0178175702 MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5
OCTOBER 01, 2007
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SECTION 4: REPORT SUMMARY

MORTGAGE:
On AUGUST 06, 2007, Debtors KENDALL L. MARQUARDT & DAPHNE D.

MARQUARDT executed a negotiable promissory note and a security interest in the form of a MORTGAGE in the amount of $283,200.00. This document was filed as document number 4344769 in the Official Records, DANE COUNTY, WISCONSIN. This document identifies the loan number as 0178175702. The original lender of the promissory note is COUNTRYWIDE BANK, FSB. Mortgage Electronic Registration Systems, Inc. (hereafter MERS) is not named as the payee of the note, but is named as acting solely as a nominee for lender as the beneficiary of the security interest MORTGAGE. The original trustee under this MORTGAGE is N/A. Assignment of MORTGAGE: An Assignment of MORTGAGE was filed as document number 4783151 in the Official Records, DANE COUNTY, WISCONSIN on AUGUST 09, 2011. Securitization: The NOTE was sold, transferred and securitized into ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5. MERS: The Mortgage shows MIN 1001337-0002389255-0 and MERS SERVICER ID website https://www.mers-servicerid.org/sis indicates that BANK OF AMERICA, N.A. is the Servicer. Although MERS records an assignment in the real property records, the promissory note which creates the legal obligation to repay the debt is not negotiated to MERS. MERS is never entitled to receive a borrowers monthly payments, nor is MERS ever entitled to receive the proceeds of a foreclosure or mortgage sale. MERS is never the owner of the promissory note for which it seeks foreclosure. MERS has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee MERS has no legal or beneficial interest in the mortgage indebtedness underlying the security instrument for which it serves as nominee. MERS has no interest at all in the promissory note evidencing the mortgage indebtedness. MERS is not a party to the alleged mortgage indebtedness underlying the security instrument for which it serves as nominee. MERS has no financial or other interest in whether or not a mortgage loan is repaid. The WISCONSIN Secretary of State Business Entity websites shows that MERS has an ACTIVE status for agent of process.
MERRILL
LYNCH
Endless Fraud Detection Corp MERS PROVIDES THE NEW SERVICER
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SECTION 5: CONCLUSION
CHAIN OF TITLE
DANE COUNTY WISCONSIN MAINTAINS ASSIGNMENT HISTORY
KENDALL L. MARQUARDT & DAPHNE D. MARQUARDT BORROWER TRUSTOR MORTGAGOR/MORTGAGER GRANTOR
N/A MORTGAGE TITLE COMPANY/ ESCROW
PROMISSORY NOTE
MORTGAGE ISSUED TO MERS AS NOMINEE FOR THE LENDER SPLIT FROM NOTE MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC. (MERS) WELLS FARGO BANK, N.A. Maintains Assignment History No physical possession No pecuniary interest The mortgage or Assignment of the mortgage of some of the mortgage loan have been or may be recorded in the name of MERS, solely as Nominee for the originator and its successors and assigns MERS serves as mortgagee of record on the mortgage solely as a nominee in an administrative capacity on behalf of the Trustee and does not have interest in the mortgage loan CERTIFICATES
MONTHLY PAYMENTS NOTE WAS SPLIT LENDER/ ORIGINATOR COUNTRYWIDE BANK, FSB
NOTE WAS SOLD & TRANSFERRED MERRILL LYNCH MORTGAGE LENDING, INC. SELLER Purchases loans from originator; forms pool
MASTER SERVICER Services individual loans; Aggregates Collection; Performs Duties Under Trusts Pooling & Servicing Agreement
UNDERWRITERS CERTIFICATES MERRILL LYNCH MORTGAGE INVESTORS, INC. DEPOSITOR Creates Issuing Entity CERTIFICATES SELLS CERTIFICATES TO INVESTORS; COLLECTS OFFERING PROCEEDS
OFFERING PROCEEDS
MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007OAR5 TRUST FUND ISSUING ENTITY Holds pool of loans; issues certificates
HSBC BANK USA, N.A. TRUSTEE FOR THE TRUST& UNDERLYING CUSTODIAN Represents Investors Interests; Calculates Cash Flows; Remits Net Revenues RETURN ON INVESTMENTS
INVESTORS Purchase Mortgage Backed Securities as defined in Certificates
ARROW LEGEND PURPLE MORTGAGE DOCUMENTS BLUE SECURITIES CERTIFICATES RED INVESTOR FUNDS GREEN BORROWER FUNDS
The creation of MERS changed the lending process. Instead of the lender being the Beneficiary on the MORTGAGE, MERS was now named as either the Beneficiary or the Nominee for the Beneficiary on the MORTGAGE. The concept was that with MERS assuming this role, there would be no need for Assignments of the MORTGAGE, since MERS would be given the power of sale through the MORTGAGE.
Endless Fraud Detection Corp The naming of MERS as the Beneficiary meant that certain other procedures had to change. This was a result of the Note actually being made out to the lender, and not to MERS. Before explaining this change, it would be wise to explain the Securitization process. As mentioned previously, Securitization and MERS required many changes in established practices. These practices were not and have not been codified, so they are major points of contention today. One of the first issues to be addressed was how MERS might foreclose on a property. This was solved through an unusual practice.
MERS has only 44 employees. They are all overhead, administrative or legal personnel. How could they handle the load of foreclosures, Assignments, etc to be expected of a company with their duties and obligations? When a lender, title company, foreclosure company or other firm signed up to become a member of MERS, one or more of their people were designated as Corporate Officers of MERS and given the title of either Assistant Secretary or Vice President. These personnel were not employed by MERS, nor received income from MERS. They were been named Officers solely for the purpose of signing foreclosure and other legal documents in the name of MERS. (Apparently, there are some agreements which authorize these people to act in an Agency manner for MERS.)
This solved the issue of not having enough personnel to conduct necessary actions. It would be the Servicers, Trustees and Title Companies conducting the day-to-day operations needed for MERS to function. As well, it was thought that this would provide MERS and their Corporate Officers with the legal standing to foreclose. However, this brought up another issue that now needed addressing:
When a Note is transferred, it must be endorsed and signed, in the manner of a person signing his paycheck over to another party. Customary procedure was to endorse it as Pay to the Order of and the name of the party taking the Note and then signed by the endorsing party. With a new party holding the Note, there would now need to be an Assignment of the Debt. This could not work if MERS was to be the foreclosing party.
The promissory note was made payable to COUNTRYWIDE BANK, FSB. No record document suggests that it has been indorsed to MERS or any other named entity Once a name is placed into the endorsement of the Note, then that person has the beneficial interest in the Note. Any attempt by MERS to foreclose in the MERS name would result in a challenge to the foreclosure since the Note was owned by ABC and MERS was the Beneficiary. MERS would not have the legal standing to foreclose, since only the person of interest would have such authority. So, it was decided that the Note would be endorsed in blank, which effectively made the Note a Bearer Bond, and anyone holding the Note would have the legal standing to enforce the Note under Uniform Commercial Code. This would also suggest that Assignments would not be necessary.
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Endless Fraud Detection Corp MERS has recognized the Note Endorsement problem and on their website, stated that they could be the foreclosing party only if the Note was endorsed in blank. If it was endorsed to another party, then that party would be the foreclosing party. The question now becomes as to whether a Note Endorsed in Blank and transferred to different entities as indicated previously does allow for foreclosure. If MERS is the foreclosing authority but has no entitlement to payment of the money, how could they foreclose? This is especially true if the true beneficiary is not known. Why raise the question of who the true beneficiary is? Again, from the MERS website..
On MERS loans, MERS will show as the beneficiary of record. Foreclosures should be commenced in the name of MERS. To effectuate this process, MERS has allowed each servicer to choose a select number of its own employees to act as officers for MERS. Through this process, appropriate documents may be executed at the servicers site on behalf of MERS by the same servicing employee that signs foreclosure documents for nonMERS loans. Until the time of sale, the foreclosure is handled in same manner as nonMERS foreclosures. At the time of sale, if the property reverts, the Trustees MORTGAGE Upon Sale will follow a different procedure. Since MERS acts as nominee for the true beneficiary, it is important that the Trustees MORTGAGE Upon Sale be made in the name of the true beneficiary and not MERS. Your title company or MERS officer can easily determine the true beneficiary. Title companies have indicated that they will insure subsequent title when these procedures are followed.
There, you have it. Direct from the MERS website. They admit that they name people to sign documents in the name of MERS. Often, these are Title Company employees or others that have no knowledge of the actual loan and whether it is in default or not. Even worse, MERS admits that they are not the true beneficiary of the loan. In fact, it is likely that MERS has no knowledge of the true beneficiary of the loan for whom they are representing in an Agency relationship. They admit to this when they say Your title company or MERS officer can easily determine the true beneficiary. To further reinforce that MERS is not the true beneficiary of the loan, one need only look at the following Nevada Bankruptcy case, Hawkins, Case No. BK-S-07-13593-LBR (Bankr.Nev. 3/31/2009) (Bankr.Nev., 2009) A beneficiary is defined as one designated to benefit from an appointment, disposition, or assignment . . . or to receive something as a result of a legal arrangement or instrument. BLACKS LAW DICTIONARY 165 (8th ed. 2004). But it is obvious from the MERS Terms and Conditions that MERS is not a beneficiary as it has no rights whatsoever to any payments, to any servicing rights, or to any of the properties secured by the loans. To reverse an old adage, if it doesnt walk like a duck, talk like a duck, and quack like a duck, then its not a duck. In the case of MERS, the Note and the MORTGAGE are held by separate entities. This can pose a unique problem dependent upon the court. There are many court rulings based upon the following: The MORTGAGE is a mere incident of the debt it secures and an assignment of the debt carries with it the security instrument. Therefore, a MORTGAGE is inseparable from the debt and always abides with the debt. It has no market or ascertainable value apart from the obligation it secures.
Endless Fraud Detection Corp A MORTGAGE has no assignable quality independent of the debt, it may not be assigned or transferred apart from the debt, and an attempt to assign the MORTGAGE without a transfer of the debt is without effect. This very simple statement poses major issues. To easily understand, if the MORTGAGE and the Note are not together with the same entity, then there can be no enforcement of the Note. The MORTGAGE enforces the Note. It provides the capability for the lender to foreclose on a property. If the MORTGAGE is separate from the Note, then enforcement, i.e. foreclosure cannot occur. The following ruling summarizes this nicely. In Saxon vs Hillery, Dec 2008, Contra Costa County Superior Court, an action by Saxon to foreclose on a property by lawsuit was dismissed due to lack of legal standing. This was because the Note and the MORTGAGE were owned by separate entities. The Court ruled that when the Note and MORTGAGE were separated, the enforceability of the Note was negated until rejoined. The mortgage securing the note, while naming COUNTRYWIDE BANK, FSB as Lender, separately names the Mortgage Electronic Registration Systems, Inc. (MERS) as the Mortgagee. The conveyancing language granted the mortgage to MERS solely as nominee for Lender and Lenders successors and assigns. COUNTRYWIDE BANK, FSB was a correspondent lender that originated mortgage loans which in turn, was sold and transferred into a federally-approved securitization trust named MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5. The Note and MORTGAGE have taken two distinctly different paths. The Note was securitized into MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5. The written agreement that created the MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5 is a Pooling and Servicing Agreement (PSA), and is a matter of public record, available on the website of the Securities Exchange Commission. The Trust is also described in a Prospectus Supplement, also available on the SEC website. The Trust by its terms set a CLOSING DATE of OCTOBER 31, 2007. The promissory note in this case became trust property in compliance with the requirement set forth in the PSA. The Trust agreement is filed under oath with the Securities and Exchange Commission. The acquisition of the assets of the subject Trust and the PSA are governed under the law. In view of the foregoing, all Assignment of MORTGAGE executed after the Trusts Closing Date would be a void act for the reason that it violated the express terms of the Trust instrument. The loan was originally made to COUNTRYWIDE BANK, FSB and was sold and transferred to MERRILL LYNCH ALTERNATIVE NOTE ASSET TRUST, SERIES 2007-OAR5. There is no record of Assignments to either the Sponsor or Depositor as required by the Pooling and Servicing Agreement. In Carpenter v. Longan 16 Wall. 271,83 U.S. 271, 274, 21 L.Ed. 313 (1872), the U.S. Supreme Court stated The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity.
Endless Fraud Detection Corp An obligation can exist with or without security. With no security, the obligation is unsecured but still valid. A security interest, however, cannot exist without an underlying existing obligation. It is impossible to define security apart from its relationship to the promise or obligation it secures. The obligation and the security are commonly drafted as separate documents typically a promissory note and a MORTGAGE. If the creditor transfers the note but not the MORTGAGE, the transferee receives a secured note; the security follows the note, legally if not physically. If the transferee is given the MORTGAGE without the note accompanying it, the transferee has no meaningful rights except the possibility of legal action to compel the transferor to transfer the note as well, if such was the agreement. (Kelley v. Upshaw 91952) 39 C.2d 179, 246 P.2d 23; Polhemus v. Trainer (1866) 30C 685) Where the mortgagee has transferred only the mortgage, the transaction is a nullity and his assignee having received no interest in the underlying debt or obligation, has a worthless piece of paper (4 Richard R. Powell), Powell on Real Property, 37.27 [2] (2000) By statute, assignment of the mortgage carries with it the assignment of the debt. . . Indeed, in the event that a mortgage loan somehow separates interests of the note and the MORTGAGE, with the MORTGAGE lying with some independent entity, the mortgage may become unenforceable. The practical effect of splitting the MORTGAGE from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the MORTGAGE is the agent of the holder of the note. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the MORTGAGE will never experience default because only the holder of the note is entitled to payment of the underlying obligation. The mortgage loan becomes ineffectual when the note holder did not also hold the MORTGAGE.
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AUDITORS RESUME HAS BEEN REMOVED FOR THE EXPRESS PURPOSE OF CONFIDENTIALITY
END OF THIS REPORT

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EXHIBIT B
Loan Analysis Summary
Re: Forensic/Securitization Audit for Mr. and Mrs. Kendall Marquardt Loan #: 1st-178175702, 2nd-178175710 Dear Audit Recipient: The loan transaction for the above-referenced borrower/property has been audited1 for violations of the Truth in Lending Act [15 U.S.C. 1601] (TILA), the Real Estate Settlement Procedures Act [12 U.S.C. 2601] (RESPA), and to the extent applicable, violations of other state and federal laws discussed below. This report was based exclusively on the documentation provided by the borrower and attorney. There is no attempt made by Endless Fraud Detection Services, Corp. to contact the lender, broker, title company or servicer. It also required that we make reasonable assumptions respecting disclosures and certain loan terms that, if erroneous, may result in material differences between our findings and the loans actual compliance with applicable regulatory requirements. While we believe that our assumptions provide a reasonable basis for the review results, we make no representations or warranties respecting the appropriateness of our assumptions, the completeness of the information considered, or the accuracy of the findings. Disclosure: You have engaged Endless Fraud Detection Services, Corp. to examine your real estate documents. This information is not to be construed as legal advice or the practice of law, pursuant to Business and Professions Code, it is the intent of EFDS, its members, auditors and independent contractors, not to engage in activities that could be considered the practice of law by conduct exhibiting any of the following practices: the doing and/or performing of services in a court of justice in any matter depending therein throughout the various stages and in conformity with the adopted rules of procedure. It includes legal advice and counsel and the preparation of legal instruments and contracts by which the legal rights are secured although such matter may or may not be depending in a court. Sincerely, Auditors Signature Auditors Name (printed) Senior Certified Forensic/Securitization Loan Auditor Endless Fraud Detection Services, Corp. 1-800-788-2196
Please note that a complete mortgage servicing audit (i.e., audit for RESPA and/or breach of contract violations for the entire servicing history of the loan) is not included in this audit; QWR recommended before such audit can be accomplished.
Endless Fraud Detection Corp INTRODUCTION Transaction Participants:

ORIGINAL MORTGAGE LENDER / TABLE FUNDER Countrywide Bank, FSB 1199 North Fairfax Street, Suite 500 Alexandria, VA 22314 MORTGAGE BROKER New Millennium Mortgage Corp, dba Millennium Mortgage 4210 E. Washington Avenue Madison, WI 53704 MORTGAGE SERVICER: Bank of America P.O. Box 5170 Simi Valley, CA 93062 MORTGAGE TRUSTEE MORTGAGE NOMINEE/BENEFICIARY MERS Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48051 ESCROW/TITLE Residential Title Services, Inc. 2810 Crossroads Dr., Suite 1300 Madison, WI 53718
N/A
Forensic Documents Provided for Review:

1st X X X X X X X X X 2nd X X N/A X X X X X Loan Application (Form 1003) Loan Commitment/Lock Letter Good Faith Estimate MISSING Truth in Lending Disclosure Statement (3-Day) Notice of Right to Cancel (may not find with purchase money loans) ONLY 1 COPY FOR EACH LOAN, MISSING 3 COPIES FOR EACH LOAN HUD-1 (or HUD-1A) Settlement Statement Note (with Addendums) Deed of Trust (with Riders)MISSING PREPAYMENT RIDER Underwriting and Transmittal Summary (Form 1008) MISSING Appraisal Report RESPA servicing disclosure MISSING FOR 2ND Hazard Insurance disclosure MISSING Credit score disclosure MISSING Lenders Closing Instructions MISSING X X N/A X X Affiliated Business Arrangement Disclosure I/O and/or Neg-Am disclosure MISSING FOR 1ST ARM disclosure MISSING FOR 1ST Itemization of Amount Finance Disclosure MISSING FOR 2ND Right to Receive a Copy of the Appraisal MISSING Equal Credit Opportunity Act Disclosure MISSING Patriot Act Disclosure MISSING Fair Lending Notice MISSING Privacy Policy MISSING 2 Year W-2s or Tax Returns MISSING Current Mortgage statement within the last 30 days MISSING X Deed of Trust Assignment Substitution of Trustee MISSING Notice of Default Notice of Sale Trustees Deed Modification Documentation
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Endless Fraud Detection Corp FORENSIC REPORT SUMMARY Total Potential TILA Violations (see p. 13): 11 Total Potential RESPA Violations (see p. 14): 3 Total Predatory Lending Violations: (see p. 15): 13 CLAIM Underwriting TILA APR Tolerance Test TILA Finance Charge Test TILA Right of Rescission Predatory Indicators Fraud* Securitization
*(Probability of Violations Ratings: No Evidence or Possible)
CONCLUSION FAIL PASS PASS FAIL FAIL FAIL
Forensic Loan Summary: The borrowers were approved for a 1st loan in the amount of $283,200.00 and a 2nd in the amount of $15,000.00. The transactions were refinances for they closed concurrently. The CLTV (Combined Loan to Value) is 84.24%. When the 1st loan reaches the cap of 115% which is a principal balance of $325,680.00 the CLTV will then be 96.24%. Now the lender has created a condition whereas if the property value depreciates then the obligation becomes greater than the property value! The 1st loan is a Payment Advantage 5/1 ARM with Negative Amortization. It is tied to the 1 Year LIBOR. The interest rate is 7.875% with a monthly payment of $1,174.98. The interest rate can adjust after 5 years to an interest rate of not greater than 12.875% or less than 2.25% for the first payment. The interest rate can adjust annually thereafter at no more than 2.0% for each subsequent adjustment. The floor or minimum interest rate is 2.25% and the cap or maximum interest rate is 12.875%. The borrower can make 4 different loan payments, 1.) Minimum payment, the payment is not sufficient to pay for all the interest that is due, therefore the principal balance will increase up to 115% of the initial loan balance, 2.) Interest only, the payment is sufficient to pay only the interest therefore; the principal balance remains the same, 3.) Fully Amortized loan, the payment is principal and Interest; therefore the principal balance decrease, 4.) 15 Year amortization, the principal balance will be paid in 15 years. The borrower can make the minimum payment until the recast date of 09/01/2017 or the Maximum Negative Amortization cap of 115%, (principal balance of $325,680.00) has been reached. The minimum payment is calculated by the current index rate minus 5.0%. The minimum payment can never be lower than 1.0%. So in essence the borrowers initial payment of $1,174.98 is based on a 2.875% interest rate. This will create a negative amortization from the very first payment. By month 29 the principal will reach the cap of 115% and now the principal balance has increased by $42,480.00! The borrower now has to pay the principal balance of $325,680.00 with the principal and interest payments of
Endless Fraud Detection Corp $3,624.56! That is EXTREME PAYMENT SHOCK, for that increase is more than TRIPLE!! Predatory Lending -Unfair Business Practices Deceptive Business Acts -are all possible violations of this loan. The borrowers closed a 2nd loan concurrently with the 1st in the amount of $15,000.00. The loan is a HELOC (Home Equity Line Of Credit) and it is an ARM loan for 25years. The index is Prime. The interest rate is 10.0%. The initial payment is $125.00, which is the minimum payment of Interest Only. The loan has a 60 month draw period. It has an automatic renewal for another 60 month draw period. The margin is high at 1.75% for the average margin is 1.0%. The cap or maximum interest rate is 18.0%. The borrower can make the minimum payment during the draw period only. In other words, the principal balance of $15,000.00 will not decrease and remain the same for the first 10 years! The borrowers will pay $15,000.00 for the first 10 years and the not a penny goes toward the loan. When the borrowers have to make the principal and interest payments they now have to pay the loan off in 15 years. The monthly principal and interest payment at the cap or maximum interest rate of 18.0% is $241.56! That payment is almost DOUBLE the amount of the initial the payment of $125.00. PAYMENT SHOCK! Predatory Lending -Unfair Business Practices Deceptive Business Acts -are all possible violations of this loan. There are modification documents in the file including a completed application for HAMP by the borrowers.
The OCC has written several letters of action against the major banks and servicers including Bank of America for the unsafe and unsound Foreclosure Practices. "These comprehensive enforcement actions, coordinated among the federal banking regulators, require major reforms in mortgage servicing operations," said acting Comptroller of the Currency John Walsh. "These reforms will not only fix the problems we found in foreclosure processing, but will also correct failures in governance and the loan modification process and address financial harm to borrowers. Our enforcement actions are intended to fix what is broken, identify and compensate borrowers who suffered financial harm, and ensure a fair and orderly mortgage servicing process going forward." THE HOMEOWNERS ARE A PRIME EXAMPLE OF THE HARMFUL AND WRONGFUL FORECLOSURE AGAINST THEM.
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Endless Fraud Detection Corp SUMMARY OF LOAN TERMS The essential loan terms were found to be as follows:
Type of Loan: Loan Document Date: Amount of Loans: Appraised Value or Sales Price: Loan to Value: Originating Lender: Loan Broker: Current Servicer: Current Note Holder: 1st Note (ARM) Terms: Initial Fixed Rate: Initial Payment: Fully Amortized Payment: 1st Interest Rate Adjustment: Loan Program: Index: Index Rate: Margin: Fully Indexed Rate: Floor/Ceiling Rate: TILA disclosed APR: Total Closing Costs: Total "Closing Costs" %: Prepayment Penalty: Unsecured Debt Paid off by Refinance: Loan Origination Fees: Loan Discount Fees: Total Broker Fees: 2nd Note (Fixed) Terms: Fixed Rate: Initial Payment: Term of Loan: Payment Feature: TILA disclosed APR: Total Closing Costs: 10.0% $125.00 (interest only) 25 Years HELOC N/A $162.02 30 Years 2.875% $1,174.98 $2,053.40 09/01/2012 5/1 ARM with Negative Amoritization 1 Year LIBOR 5.343% 2.25% 7.593% 2.25% / 12.875% 7.899% $8,113.58 2.86% 3 Years $1,942.38 $2,872.00 0 $7,859.00 Refinance 08/06/2007 1st-$283,200.00 $354,000.00 80.0% CLTV: 84.24% 2nd-$15,000.00
Countrywide Bank, FSB New Millennium Mortgage Corp, dba Millennium Mortgage
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Endless Fraud Detection Corp ITEMIZATION OF CLOSING COSTS FEES/CHARGES Loan Origination: Loan Discount Points: Broker Premium (YSP): Credit Report: Flood Cert Fee: Tax Service: Appraisal Fee: Administration Fee: Processing Fee: Prepaid Interest: Hazard Insurance Premium: Hazard Insurance: County & City Property Taxes: Aggregate Adjustment: Settlement/Closing Fee: Title Insurance: Doc Prep Fee: Recording Fee: Wire Fee: Delinquent Taxes of 2006: Origination Services: Round Rock consolidated Taxes: Williamson County Taxes: Tax Certificates: Escrow Fee: State of Texas Policy Guaranty Fee: Courier Fee: TOTAL: $75.00 $8,113.58 $150.00 $284.00 $25.00 $49.00 $17.00 $1,942.38 $4,602.00 (not included in total) $18.00 (POC) $26.00 $81.00 $325.00 $555.00 $350.00 $1,344.20 $2,872.00
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FINANCIAL & UNDERWRITING ANALYSIS Underwriting Standards The purpose of an underwriter is to determine whether the borrowers can qualify for a loan and if the borrowers have the ability to repay the loan. This determination of the ability to repay a loan is based upon employment and income in large measure, which is proved by getting pay stubs, 1040s, W-2s and a Verification of Employment and Income on the borrowers. If an underwriter has evaluated the loan properly, then there should be no question of the ability of the borrower to repay the loan. Debt ratios will have been evaluated, credit reviewed and a proper determination of risk made in relation to the loan amount. Approvals and denials would be made based upon a realistic likelihood of repayment.
Automated Underwriting Systems The underwriters role in approving loans has been delegated to a support role in the past decade. Automated Underwriting Systems became the normal approval method. An underwriter or even a loan officer would simply input the data and the Automated System would give an approval or denial. Any documents requested would be gathered and then loan documents drawn and signed. The real issue with the automated systems is that they were not designed to be the final word in approval. The system approval was designed to be a guide, a preliminary approval and nothing more. After approval was received, the underwriter would then be expected to extensively review the file, closely examining the documents for final approval. DISCUSSION: Borrowers financial status at the time of the loan is taken from the loan application. An analysis of borrowers financial status at the time of the loan reveals the following: The following figures are based on the information stated on the Loan Application and have not been verified.
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Gross Monthly Income Initial Mortgage Payment (PITI) with 2nd $2,015.15 $2,893.75 Fully Amortized Payment (PITI) with 2nd Other Monthly Debt Total Monthly Debt Debt-to-income ratio
$5,025.00 $5,025.00
At cap rates of 12.875% & 18.0% Tax returns-24 mo average income $6,929.00
$0 $0
$2,015.15 $2,893.75
40.10% 57.58%
$4,581.29
$0
$4,581.29
91.17% 29.08% 66.12%
$2,015.15
$4,581.29
$0
CONCLUSION: Normal underwriting practices include analysis for a 28/36% debt-to-income ratio
for Conventional loans, 31/43% for FHA loans and 41% for VA loans During 2003 to 2006, subprime lending involved higher DTI ratios, from 33/38% to 38/50%. Lenders underwriting
standard for this loan far exceeded normal underwriting practices for normal and subprime loans. The Lender/Broker has a fiduciary duty not to put the borrower in HARMS WAY and by approving this loan; the Lender/Broker had put him in HARMS WAY!
I was unable to review the credit report, income/employment documentation to determine the debt/income ratios. The purpose of an underwriter is to determine whether the borrowers can qualify for a loan and if the borrowers have the ability to repay the loan. This determination of the ability to repay a loan is based upon employment and income in large measure, which is proved by getting pay stubs, 1040s, W-2s and a Verification of Employment and Income on the borrowers. If an underwriter has evaluated the loan properly, then there should be no question of the ability of the borrower to repay the loan. Debt ratios will have been evaluated, credit reviewed and a proper determination of risk made in relation to the loan amount. Approvals and denials would be made based upon a realistic likelihood of repayment.
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Endless Fraud Detection Corp Risk factors for the loan: 1. Stated income 2. Equity Stripping 3. High Debt to income Ratios 4. Discounted Rate 5. Prepayment Penalty 6. Lack of due diligence in underwriting 7. ARM loan 8. Interest Only 9. Negative Amortization 10. Excess Fees/Charges 11. Yield Spread Premium 12. High CLTV 13. Payment Shock 14. Less than adequate reserves verified 15. High Margin-2nd loan 16. Minimum Payment
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Endless Fraud Detection Corp TRUTH IN LENDING ACT ANALYSIS APPLICATION: The TILA applies because the transaction involves the extension of credit to a consumer for personal, family or household purposes that is subject to a finance charge and/or payable by written agreement in more than four installments. 15 U.S.C. 1601-1666.
YES NO
XBoth X-1st N/A2nd X-1st XBoth XBoth XBoth
Notice of Right to Cancel (2 copies per borrower; filled out completely). 12 C.F.R. 226.23(b). MISSING 3 COPIES FOR BOTH LOANS TIL Disclosure Statement provided. 12 C.F.R. 226.17, 226.18. Payment Schedule correctly identified on TIL. 12 C.F.R. 226.18(g), (h). ARM LOAN Interest rate consistent and properly disclosed: Loan app-GFE-Commitment-TIL; variable rate. 12 CFR 226.17-18. MISSING GFES Delivered good faith estimates of disclosures (preliminary TILDS) within 3 days of loan application. 12 C.F.R. 226.19(a). MISSING Consumer Handbook on Adjustable Rate Mortgages (CHARM) provided within 3 days of application. [Or equivalent disclosure - see 12 CFR 226.19(b)]. MISSING
X-1st N/A2nd X-1st
X-1st X-1st X-2nd XBoth
Interest-only payment feature adequately disclosed. 15 U.S.C. 1638, 12 C.F.R. 226.17-18. MISSING DISCLOSURE FOR 1ST LOAN Negative-amortization payment feature adequately disclosed. 15 U.S.C. 1638, 12 C.F.R. 226.17-18. MISSING DISCLOSURE FOR 1ST LOAN Itemization of amount financed. 12 C.F.R. 226.18(c).[RESPA-GFE may be substituted] MISSING Property/Hazard Insurance disclosure provided (choice by consumer). 12 C.F.R. 226.4(d)(2). NO EVIDENCE IN FILE Prepayment Penalty disclosed. 12 C.F.R. 226.18(k). MISSING MORTGAGE RIDER APR Calculation 1ST Lien Result Disclosed:7.899% vs. Actual:7.899% Difference = <.0%> 1ST Lien Result Disclosed: $559,945.01 vs. Actual:$559,949.75 Difference = <$4.74 > 2ND Lien Result Disclosed: % vs. Actual: % Difference = <. %> 2ND Lien Result Disclosed: $ vs. Actual: $ Difference = <$ >
N/A2nd X-1st
X-1st
X-1st
Finance Charge Calculation
XBoth
All disclosures accurately reflect the legal obligation between the parties; 15 U.S.C. 1638, 12 C.F.R. 226.17(c).
Total Potential TILA Violations: 11 FURTHER RECOMMENDATIONS: None at this time.
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Endless Fraud Detection Corp POTENTIAL REMEDIES FOR VIOLATIONS: Where a material disclosure was not given or inaccurate (APR, finance charge, amount financed, payment schedule, or total of payments), or consumer was not provided with proper notice of right to cancel, the right of rescission is extended to 3 years. Statutory (up to $2000) and actual damages, as well as attorney's fees, may also be available for the violations noted. REAL ESTATE SETTLEMENT PROCEDURES ACT ANALYSIS APPLICATION: The RESPA applies because lender regularly extends federally related mortgage loans aggregating more than $1 million per year, and intended for the purchase of a one- to fourfamily residential property. 12 U.S.C. 2601-2617.
YES NO
X1ST N/ABoth N/Aboth XBoth X-1st X-1st
X2ND
Informed borrower of intention to transfer the servicing of the loan and/or failed to inform the borrower of the actual transfer within fifteen (15) days before the effective date of the transfer. 24 C.F.R. 3500.21. Did not require deposit of funds in escrow in excess of the statutorily permitted amounts. 24 C.F.R. 3500.17. Purchase Money: Provided the Special Information Booklet explaining the settlement costs within three (3) business days after consumer submitted loan application. 24 C.F.R. 3500.6. No fees charged for preparation of the settlement statement, escrow account statement, and/or the TILA disclosure statement. 24 C.F.R. 3500.12.
X2nd X2nd
Disclosed all affiliated business arrangements. 24 C.F.R. 3500.15. NO EVIDENCE IN FILE Did not give, provide or receive a hidden fee or thing of value for the referral of settlement business, including but not limited to, kickbacks, hidden referral fees, and/or yield spread premiums. 24 C.F.R. 3500.14. Brokers Premium Properly and timely paid for property taxes, insurance and other charges for which Defendants are collecting within an escrow impound account; or other servicing violations. 24 C.F.R. 3500.17. HUD-1 provided at closing (or 1 day before if requested) and accurate. 24 C.F.R. 3500.8(b).
TBD XBoth X2nd N/ABoth X-1st
No fees charged in excess of the reasonable value of goods provided and/or services rendered. See Below Purchase Money: Seller did not impose use of particular service provider. 24 C.F.R. 3500.16.
Total Potential RESPA Violations: 3 FURTHER RECOMMENDATIONS: QWR/discovery re mortgage servicing for potential servicing violations or breach of contract. POTENTIAL REMEDIES FOR VIOLATIONS: Actual damages, statutory (up to $1000 if show pattern and practice), and treble damages for excessive portion of fees (below), plus attorneys fees and costs for violations noted.
Endless Fraud Detection Corp The following are suspect or excessive closing costs/fees that may be actionable for treble damages pursuant to 12 U.S.C. 2607: Premium $4,602.00 and Administration Fee $555.00. (The lower portion of this page has been intentionally left blank)
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PREDATORY LOAN INDICATORS Predatory lending is a general term used to describe unfair, deceptive, or fraudulent practices of lenders during the loan origination process. Predatory lending is often a combination of several factors that can only be evaluated in the context of the overall lending transaction. Typically, no single factor can be relied upon to consider it a predatory loan. A large number of agencies and consumer organizations recognize predatory lending, including, for example, the Department of Housing and Urban Development, Federal Deposit Insurance Corporation, National Consumer Law Center, Wisconsin Department of Real Estate, Fannie Mae, National Association of Consumer Advocates, Association of Community Organizations for Reform Now, National Home Equity Mortgage Association, and Center for Responsible Lending. The predatory lending factors present in the subject transaction were found to be as follows:
NO YES
X X TBD X X X X X X X X X X X X TBD X TBD X X
Stated Income/Stated Assets or No Income/No Assets loan program. Mortgage broker and corresponding lender involved. PREMIUM (YSP) Borrower was a minority and/or the transaction was conducted in a foreign language. Loan-to-value ratio above 80%. CLTV 84.24% Debt-to-income ratio above 28/36%. 40.10%, 57.58%, 91.17%, 66.12% Teaser rate involved. 2.875%-1ST, 8.250%-2ND Interest rate on 1st was more than 2 points above: 6.08% (2.77 margin) [average US 5/1 ARM rate] or 6.4% [average 30-year fixed]. (source: Freddie Mac 1/2003-12/2006) Excessive Closing Costs/Fees. $555.00 Prepayment Penalty. 3 YEARS Interest-Only Payments. PAYMENT OPTION FOR BOTH LOANS Negative Amortization Payments. 115% Broker Compensation >2% (including yield spread premium). 2.78% Loan Flipping refinance within 3 years of previous loan. PRIOR LOAN 2006 Balloon Payments. Unsecured Debt Shifted to Secured (i.e., credit cards). DELINQUENT TAXES Unnecessary insurance and other products offered in closing. Mandatory arbitration clause in Note or Disclosure. Bait & Switch e.g., borrower initially offered lower rate than final Note Elder Abuse. Other unfair, deceptive, or fraudulent practices in transaction.
Total Predatory Indicators: 13
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Endless Fraud Detection Corp PREDATORY LOAN ANALYSIS Predatory Lending The terms abusive lending or predatory lending are most frequently defined by reference to a variety of lending practices. Although it is generally necessary to consider the totality of the circumstances to assess whether a loan is predatory, a fundamental characteristic of predatory lending is the aggressive marketing of credit to prospective borrowers who simply cannot afford the credit on the terms being offered. While such disregard of basic principles of loan underwriting lies at the heart of predatory lending, a variety of other practices may also accompany the marketing of such credit. Some Predatory Lending practices found in this loan: Targeting -Targeting inappropriate or excessively expensive credit products to older borrowers, to persons who are not financially sophisticated or who may be otherwise vulnerable to abusive practices, and to persons who could qualify for mainstream credit products and terms. Spurious Open End Mortgages -In order to avoid making required disclosures to borrowers under the Truth in Lending Act, many lenders make "open-end" mortgage loans. Although the loans are called "open-end" loans, in fact they are not. Instead of creating a line of credit from which the borrower may withdraw cash when needed, the lender advances the full amount of the loan to the borrower at the outset. The loans are non-amortizing, meaning that the payments are interest only, so that the balance is never reduced. Yield Spread Premium -Does not plainly and prominently disclose on the good faith estimate of closing costs the size of any yield spread premium paid directly or indirectly, in whole or in part, to a mortgage loan officer. Negative Amortization -Loans where the borrower is often told that the payment and rate are actually such that the balance on the loan can increase monthly. See above analysis. Excessive Fees and Rates -Requires borrowers to pay interest rates, fees and/or charges not justified by marketplace economics in place at the time the lien was originated. Loan Flipping & Equity Stripping -Repeated refinancing of borrowers into loans that have no tangible benefit to the borrower and can be the same lender or different ones. Loans and refinances whereby equity is removed from the home through repeated refinances, consolidation of short term debt into long term debt, negative amortization or interest only loans whereby payments are not reducing principle, high fees and interest rates. Eventually, borrower cannot refinance due to lack of equity. Shifting Unsecured Debt into Mortgage -Mortgage lenders badger homeowners with advertisements and solicitations that tout the "benefits" of consolidating bills into a mortgage
Endless Fraud Detection Corp loan. The lender fails to inform the borrower that consolidating unsecured debt such as credit cards and medical bills into a mortgage loan secured by the home is a bad idea. If a person defaults on an unsecured debt, they do not lose their home. If a homeowner rolls their unsecured debt into their mortgage loan and default on their mortgage payments, they can lose their home. Furthermore, since unsecured debt generally is paid off between three and five years, shifting unsecured debt into a mortgage loan extends the payoff period to 15 to 30 years. Paying off unsecured debt with a mortgage loan also necessarily increases closing costs because they are often calculated on a percentage basis, thereby increasing the loan balance. Whereas the old total monthly household debt payments may in some cases be less than the monthly payments on the new mortgage loan, the monthly mortgage payments are often more than the previous mortgage payments, thus exacerbating the risk that the homeowner will lose the home to foreclosure. High Debt Ratios -This is the practice of approving loans with high debt ratios, usually 50% or more, without determining the true ability of the borrower to repay the loan. This can often be seen with Prime borrowers approved through the Automated Underwriting Systems. High Loan to Value Loans - Loans offered to a borrower having little or no equity in the home. Usually adjustable rate mortgages that the borrower will not be able to refinance out of when the rate adjusts due to lack of equity. Fraudulently Caused to Execute Loan Documents -Adjustable rate mortgage loan was an inter-temporal transaction on which Plaintiffs had only qualified at the initial teaser fixed rate, and could not qualify for the loan once the interest rate terms changed in two years. Deception, Fraud, Unconscionable -Is marketed in a way that fails to fully disclose all material terms. Includes any terms or provisions which are unfair, fraudulent or unconscionable. Is marketed in whole or in part on the basis of fraud, exaggeration, misrepresentation or the concealment of a material fact. Includes interest only loans, adjustable rate loans, negative amortization and HOEPA loans. Stated or No Income/No Assets -Is based on a loan application that is inappropriate for the borrower. For instance, the use of a stated-income loan application from an employed individual who has or can obtain pay stubs, W-2 forms and tax returns. Lack of Due Diligence in Underwriting -Is underwritten without due diligence by the party originating the loan. No realistic means test for determining the ability to repay the loan. Lack of documentation of income or assets, job verification. Usually with Stated Income or No documentation loans, but can apply to full documentation loans. Inappropriate Loan Programs -Is materially more expensive in terms of fees, charges and/or interest rates than alternative financing for which the borrower qualifies. Can include prime borrowers who are placed into subprime loans, negative or interest only loans. Loan terms whereby the borrower can never realistically repay the loan. Prepayment Penalty -This loan has a 3 year prepayment penalty where if the borrower makes a partial of full prepayment of more than 20% of the original principal amount in any 12 month period, then the borrower will pay a prepayment penalty of 6 months advance interest on the amount prepaid in excess of 20% of the original principal amount.
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Endless Fraud Detection Corp Contractual Interference -By paying the broker a Par Premium or YSP to bring a loan to a lender, and the loan having an interest rate higher than what the borrower could have qualified for, the lender has engaged in a practice of interfering with the Fiduciary Duty of the broker to the borrower. POTENTIAL ADDITIONAL CLAIMS ANALYSIS
(Probability of Violations Ratings: No Evidence or Possible) Note: Federal laws may preempt certain state claims.
Equal Credit Opportunity Act (discrimination) The Equal Credit Opportunity Act provides at Sec. 202.1 Authority, scope and purpose:
Possible
(b) Purpose. The purpose of this regulation is to promote the availability of credit to all creditworthy applicants without regard to race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant's income derives from a public assistance program; or to the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The regulation prohibits creditor practices that discriminate on the basis of any of these factors. The regulation also requires creditors to notify applicants of action taken on their applications; to report credit history in the names of both spouses on an account; to retain records of credit applications; to collect information about the applicant's race and other personal characteristics in applications for certain dwelling- related loans; and to provide applicants with copies of appraisal reports used in connection with credit transactions. Additionally, at Sec. 202.4 General Rule Prohibiting Discrimination: 1. Scope of section. The general rule stated in Sec. 202.4 covers all dealings, without exception, between an applicant and a creditor, whether or not addressed by other provisions of the regulation. Other sections of the regulation identify specific practices that the Board has decided are impermissible because they could result in credit discrimination on a basis prohibited by the act. The general rule covers, for example, application procedures, criteria used to evaluate creditworthiness, administration of accounts, and treatment of delinquent or slow accounts. Thus, whether or not specifically prohibited elsewhere in the regulation, a credit practice that treats applicants differently on a prohibited basis violates the law because it violates the general rule. Disparate treatment on a prohibited basis is illegal whether or not it results from a conscious intent to discriminate. Disparate treatment would be found, for example, where a creditor requires a minority applicant to provide greater documentation to obtain a loan than a similarly situated nonminority applicant. Disparate treatment also would be found where a creditor waives or relaxes credit standards for a nonminority applicant but not for a similarly situated minority applicant. Treating applicants differently on a prohibited basis is unlawful if the creditor lacks a legitimate nondiscriminatory reason for its action, or
Endless Fraud Detection Corp if the asserted reason is found to be a pretext for discrimination. DISCUSSION: No direct evidence of discrimination, but the loan terms offered by this lender may be less than favorable: recommend investigation into borrowers credit, income etc.
Fraud
Possible
Deceit is defined as one who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. Deceit is defined as either of the following: 1.) The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.) The assertion, as a fact of that which is not true, by one who has no reasonable ground for believing it to be true; 3.) The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or 4.) A promise, made without any intention of performing it. Actual fraud consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him to enter into the contract: 1.) The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.) The suppression of a fact which is true, by one having knowledge or belief of the fact; 4.) A promise, made without any intention of performing it; or 5.) Any other act fitted to deceive. Constructive fraud is defined as 1.) In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or, 2.) In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud. A party to a contract may rescind the contract in the following cases: 1. If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake or obtained through duress, menace, fraud, or undue influence, exercised by or with the (1) Connivance or the party as to whom he rescinds, or of any other party to the contract jointly interested with such party. DISCUSSION: Fraud in the Factum
Endless Fraud Detection Corp Fraud in the Factum is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 293). This can be when the maker or drawer of a negotiable instrument, such as a promissory note or check, is induced to sign the instrument without a reasonable opportunity to learn of its fraudulent character or essential terms. Determination of whether an act constitutes fraud in the factum depends upon consideration of all relevant factors. Fraud in the factum usually voids the instrument under state law and is a real defense against even an holder in due course. Other State/Common Law Claims Possible
Need to evaluate entire mortgage-servicing history for breach of contract QWR RECOMMENDATION. [Statute of Limitations of 4 years, CCP 337 may be subject to equitable tolling.] Breach of Implied Covenant of Good Faith and Fair Dealing The law provides that in every contract, there is an implied duty of good faith and fair dealing between the parties. This implied covenant imposes the requirement that neither party will do anything, which will injure the right of the other to receive the benefits of the agreement. Breach of Fiduciary Duty In certain situations, courts have implicitly recognized imposing fiduciary duties on lenders based on policy grounds. For instance, a lender may be considered a fiduciary when it takes control of the borrower, or when moral, social, personal, or domestic relationships are shown to exist between the parties. (Cases cited in American Bar Association Business Tort Litigation (2d Ed.) Further, when the lender undertakes to perform a task on behalf of the borrower, then it is likely that the lender has made itself a fiduciary for the borrower, based on the law of agency. Often times, when a loan officer or mortgage broker is helping to arrange a loan for a borrower, that loan officer/mortgage broker is, in reality, acting as the agent for both the lender and borrower. The fiduciary duty of the lender is a responsibility to perform their own diligence to determine if a customer is being placed in a loan that is legal, properly disclosed, is the best loan for the consumer given their financial circumstance and affordable over the life of the loan if present financial positions hold steady. If the lender knew or should have known that the Borrower has a likelihood of defaulting on this loan, he/she has a fiduciary duty to the borrower to not place them in that loan (in harms way). When a loan transaction occurs, any missteps in the loan transaction process can lead to dire consequences for the borrower. It is for this reason that the law should impose more liberally a fiduciary relationship between borrower and lender, especially in the residential home loan marketplace where the average borrower is not as sophisticated as the lender. If fiduciary relationships were more liberally imposed, we would likely see lenders implementing more safeguards before underwriting a loan. If the lender is aware that the borrowers would be better off with another type of loan that the lender offers, they have violated their duty to the consumers and such act of deception would be likely be considered fraud on the consumer and predatory. Brokers owe a fiduciary duty to borrowers. Liability potential for lender may exist if borrower can prove either that: (1) a special relationship or circumstance existed ,(2) the lender directly ordered, authorized or participated in the brokers tortious conduct, or (3) that broker acted as lenders agent for the transaction .

Unjust Enrichment Unjust enrichment is a general equitable principle that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained. The elements to prove this claim are threefold. First, the plaintiff must have provided the defendant with something of value while expecting compensation in return. Second, the defendant must have acknowledged, accepted, and benefited from whatever the plaintiff provided. Third, the plaintiff must show that it would be inequitable or unconscionable for the defendant to enjoy the benefit of the plaintiff's actions without paying for it. Unconscionability The court has the power to refuse to enforce a contract or a clause in a contract that is unconscionable when made. The common law contract defense of unconscionability could be applied to stop a foreclosure when either the mortgage terms are unreasonably favorable to the lender or certain aspects of the transaction render it unconscionable.2 Civil Conspiracy A civil conspiracy or collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective. Unfair/Deceptive Practice OTHER CLAIMS & RECOMMENDED LEGAL RESEARCH
Note: Federal laws may preempt certain state claims.
Fair Debt Collection Practices Act (Fed. & State) The FDCPA, 15 U.S.C. 1692 et seq., a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act, broadly defines a debt collector as any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts.
END OF THE FORENSIC REPORT

2
In re Maxwell, 281 B.R. 101 (Bankr. D. Mass. 2002); Hager v. American Gen. Fin. Inc., 37 F.Supp. 2d 778 (1999). For example, a Connecticut court found a second mortgage contract to be unconscionable based on the facts that: The defendant had limited knowledge of English, was uneducated and did not read very well; The defendants financial situation made it apparent she could not reasonably expect to repay the mortgage; At the closing, the defendant was not represented by an attorney and was rushed by plaintiffs attorney to sign the loan document; The defendant was not informed until the last minute that, as a condition of credit, she was required to pay one years interest in advance and there was an absence of meaningful choice on the part of the defendant; and In addition, the court found that the contract was substantively unconscionable, because it contained a large balloon payment that the borrower had no means of paying, and that the borrower had no reasonable opportunity to understand the terms of the contract. FamilyFin. Servc. V. Pencer, 677 A.2d 479, (Conn. Ct. App. 1996); and Emigrant Mortg., Co., Inc., v. DAngostino, 896 A.2d 814 (Conn. App. Ct. 2006).
EXHIBIT C
INVESTIGATORS RESUME HAS BEEN REMOVED FOR THE EXPRESS PURPOSE OF CONFIDENTIALITY
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INVESTIGATORS VERIFIED AFFIDAVIT HAS BEEN REMOVED FOR THE EXPRESS PURPOSE OF CONFIDENTIALITY
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EXHIBIT D
RESUME HAS BEEN REMOVED FOR THE EXPRESS PURPOSE OF CONFIDENTIALITY
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Exhibit E
PUBLIC DOCUMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 4783151, Assignment of Mortgage, 09AUG2011 4373560, Satisfaction of Mortgage, 12NOV2007 4353859, Mortgage, 06SEP2007 4344770, Mortgage, 14AUG2007 4344769, Mortgage, 14AUG2007 4259316, Satisfaction of Mortgage, 04DEC2006 4136875, Satisfaction of Mortgage, 29NOV2005 3984625, Assignment of Mortgage, 01NOV2004 3906127, Satisfaction of Mortgage, 03MAY2004
10. 3891670, Mortgage, 02APR2004 11. 3206238, Revolving Credit Mortgage, 19APR2000 12. 3177858, Mortgage, 10DEC1999 13. 3177857, Warranty Deed, 10DEC1999
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Endless Fraud Detection Corp Exhibit F Client-Provided Closing Documents for Forensic Loan Audit
1st X X X X X X X X X 2nd X X N/A X X X X X Loan Application (Form 1003) Loan Commitment/Lock Letter Good Faith Estimate MISSING Truth in Lending Disclosure Statement (3-Day) Notice of Right to Cancel (may not find with purchase money loans) ONLY 1 COPY FOR EACH LOAN, MISSING 3 COPIES FOR EACH LOAN HUD-1 (or HUD-1A) Settlement Statement Note (with Addendums) Deed of Trust (with Riders)MISSING PREPAYMENT RIDER Underwriting and Transmittal Summary (Form 1008) MISSING Appraisal Report RESPA servicing disclosure MISSING FOR 2ND Hazard Insurance disclosure MISSING Credit score disclosure MISSING Lenders Closing Instructions MISSING X X N/A X X Affiliated Business Arrangement Disclosure I/O and/or Neg-Am disclosure MISSING FOR 1ST ARM disclosure MISSING FOR 1ST Itemization of Amount Finance Disclosure MISSING FOR 2ND Right to Receive a Copy of the Appraisal MISSING Equal Credit Opportunity Act Disclosure MISSING Patriot Act Disclosure MISSING Fair Lending Notice MISSING Privacy Policy MISSING 2 Year W-2s or Tax Returns MISSING Current Mortgage statement within the last 30 days MISSING X Deed of Trust Assignment Substitution of Trustee Notice of Default Notice of Sale Trustees Deed Modification Documentation
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Endless Fraud Detection Corp Exhibit G Background Checks 1.1 Bud Kamyabi REGARDING DOC # 4783151 Investigator Background Report Report Date: 02/09/2012 Client Reference: Possible Subject(s) Matching SSN SSN: 071-62-AAAA is valid. Issued in New York in year 1978-1980 1.) BAHADOR KAMYABI DOB: 07/1960 Age: 51 2.) BUD B KAMYABI DOB: 07/1960 Age: 51 AKA: BAHADOR KAMYABI AKA: BAHADOR B KAMYABI AKA: BUD B KAMYABI Civil Indexes for BUD B KAMYABI County: SAN DIEGO Court: SAN DIEGO Case Number: U080364 Filed Date: 08/17/1999 Type: PRIMARY DEFENDANT Name: KAMYABI BUD B Filed Date: 08/17/1999 Type: SECONDARY, OTHER PLAINTIFF Name: SCHWARTZ LYNN Filed Date: 08/17/1999 Type: SECONDARY, OTHER PLAINTIFF Name: SCHWARTZ ROBERT
Professional Licenses for BAHADOR KAMYABI Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: P O BOX 4154, WEST HILLS, CA 91308
Endless Fraud Detection Corp License Type: SALESPERSON Class Code: NO BROKER/CORP AFFILIATION Primary Status: NO RESTRICTIONS Original Date: 02/04/2006 Expiration Date: 02/03/2010 Transaction Date: 03/09/2006
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: P O BOX 4154, WEST HILLS, CA 91308 License Type: SALESPERSON Class Code: IN THE EMPLOY OF A BROKER/CORP Primary Status: NO RESTRICTIONS Broker Reference: 00491433 Original Date: 02/04/2006 Expiration Date: 02/03/2010 Transaction Date: 05/16/2006
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: P O BOX 4154, WEST HILLS, CA 91308 License Type: SALESPERSON
Endless Fraud Detection Corp Class Code: IN THE EMPLOY OF A BROKER/CORP Primary Status: NO RESTRICTIONS Broker Reference: 01233867 Original Date: 02/04/2010 Expiration Date: 02/03/2014 Transaction Date: 02/25/2010
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: 1914 MORLEY ST, SIMI VALLEY, CA 93065 License Type: SALESPERSON Class Code: IN THE EMPLOY OF A BROKER/CORP Primary Status: NO RESTRICTIONS Broker Reference: 01233867 Original Date: 02/04/2010 Expiration Date: 02/03/2014 Transaction Date: 10/15/2010
Professional Licenses for BUD B KAMYABI Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: P O BOX 4154, WEST HILLS, CA 91308 License Type: SALESPERSON Class Code: NO BROKER/CORP AFFILIATION Primary Status: NO RESTRICTIONS Original Date: 02/04/2006 Expiration Date: 02/03/2010 Transaction Date: 03/09/2006
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: P O BOX 4154, WEST HILLS, CA 91308 License Type: SALESPERSON
Endless Fraud Detection Corp Class Code: IN THE EMPLOY OF A BROKER/CORP Primary Status: NO RESTRICTIONS Broker Reference: 00491433 Original Date: 02/04/2006 Expiration Date: 02/03/2010 Transaction Date: 05/16/2006
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KAMYABI BUD BAHADOR License Number: 01732567 Address: 1914 MORLEY ST, SIMI VALLEY, CA 93065 License Type: SALESPERSON Class Code: IN THE EMPLOY OF A BROKER/CORP
Endless Fraud Detection Corp Primary Status: NO RESTRICTIONS Broker Reference: 01233867 Original Date: 02/04/2010 Expiration Date: 02/03/2014 Transaction Date: 10/15/2010
Fictitious Business Names for BUD B KAMYABI Database: SAN DIEGO COUNTY FICTITIOUS BUSINESS NAMES File #: 1992010701 File Date: 06/16/1992 Business Name: BUFFALO BILLS CORNER CLUB County: SAN DIEGO Owner: KAMYABI BUD B Business Type: OTHER Database: SAN DIEGO COUNTY FICTITIOUS BUSINESS NAMES File #: 1995004496 File Date: 03/09/1995 Business Name: SUCCESS ENTERPRISES INTERNAT Business Address: 4662 CHEROKEE AVE #1 SAN DIEGO, CA 92116 County: SAN DIEGO Owner: KAMYABI BUD Owner Address: 4662 CHEROKEE AVE #1 SAN DIEGO CA 92116 Business Type: OTHER Owner: KAMYABI BUD B. Business Type: OTHER
Database: SAN DIEGO COUNTY FICTITIOUS BUSINESS NAMES File #: 1995004496 File Date: 03/09/1995 Business Name: SUCCESS ENTERPRISES INTERNATIONAL County: SAN DIEGO Owner: KAMYABI BUD Owner Address: 4662 CHEROKEE AVE #1 SAN DIEGO CA 92116 Business Type: OTHER Owner: KAMYABI BUD B. Business Type: OTHER
Database: SAN DIEGO COUNTY FICTITIOUS BUSINESS NAMES File #: 1997028686 File Date: 11/05/1997 Phone: (619) 280-2349 Business Name: BUFFALO BILLS CORNER CLUB
Endless Fraud Detection Corp Business Address: 710 GARNET AVE SAN DIEGO, CA 92109 County: SAN DIEGO Owner: KAMYABI BUD Owner Address: 4662 CHEROKEE AVE # 1 SAN DIEGO CA 92116 Business Type: INDIVIDUAL Owner: KAMYABI BUD B Owner Address: 4662 CHEROKEE AVE #1 SAN DIEGO CA 92116 Business Type: INDIVIDUAL
Database: SAN DIEGO COUNTY FICTITIOUS BUSINESS NAMES File #: 2001020574 File Date: 07/31/2001 Business Name: SUCCESS ENTERPRISES INTERNATIONAL Business Address: 9849 CAMINITO MARLOCK #24 SAN DIEGO, CA 92131 County: SAN DIEGO Owner: KAMYABI BUD B Owner Address: 9849 CAMINITO MARLOCK #24 SAN DIEGO CA 92131 Business Type: INDIVIDUAL
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1.4 Julie K. Kirby REGARDING DOC # 4373560 Investigator Background Report Report Date: 02/09/2012 Client Reference: Possible Subject(s) Matching SSN SSN: 555-53-AAAA is valid. Issued in California in year 1978-1979 1.) JAS JOYCE HANLEY 2.) JULIE KRISHAWNA KIRBY DOB: 10/1975 Age: 36 3.) JOYCE A HANLEY DOB: 03/1941 Age: 70 AKA: JAS JOYCE HANLEY AKA: JULIE KRISHAWNA KIRBY AKA: JULIE K KIRBY AKA: JOYCE A HANLEY
Possible Bankruptcies 1 Case Number: 08-10011 Date Filed: 01/02/2008 Debtor Name: KIRBY JULIE KRISHAWNA Address: 22815 BANYAN PL, SANTA CLARITA, CA Other Parties Involved Description: TRUSTEE Name: ROJAS ELIZABETH (SV) Address: 15301 VENTURA BLVD B, SHERMAN OAKS, CA
Civil Indexes for JULIE K KIRBY County: SACRAMENTO Case Number: 00AS05347 Case Type: PI - MOTOR VEHICLE Filed Date: 09/28/2000 Type: DEFENDANT Name: MITCHELL JULIE KIRBY Filed Date: 09/28/2000 Type: DEFENDANT Name: MITCHELL SCOTT
Endless Fraud Detection Corp Filed Date: 09/28/2000 Type: DEFENDANT Name: SOLON TECHNOLOGIES Filed Date: 09/28/2000 Type: PLAINTIFF Name: PILIMAI JILL County: SANTA CLARA Court: DOWNTOWN COURTHOUSE Case Number: 1-93-CV-735532 Case Type: AUTO - UNLIMITED Filed Date: 10/20/1993 Type: DEFENDANT Name: ZHANNE SHI Filed Date: 10/20/1993 Type: PLAINTIFF Name: JULIE KIRBY Filed Date: 10/20/1993 Type: PLAINTIFF/GUARDIAN AD LITEM Name: NINA KIRBY County: SANTA CLARA Court: DOWNTOWN COURTHOUSE Case Number: 1-95-FL-050239 Case Type: DOMESTIC VIOLENCE/PRE-CONVERSION Filed Date: 06/28/1995 Type: PETITIONER Name: JULIE KIRBY Filed Date: 06/28/1995 Type: RESPONDENT Name: DAVID AGUON County: SAN BERNARDINO Court: CHINO Case Number: CCH 21381 Case Type: CIVIL Filed Date: 08/18/1999 Type: DEFENDANT Name: KIRBY JULIE Filed Date: 08/18/1999 Type: PLAINTIFF
Endless Fraud Detection Corp Name: MEZA MIKE County: LOS ANGELES Court: BURBANK-GLENDALE Case Number: NCC 14618 G Case Type: CIVIL Filed Date: 07/20/1984 Type: DEFENDANT Name: KIRBY JULIE Filed Date: 07/20/1984 Type: PLAINTIFF Name: STEWART CATHERINE M County: SAN BERNARDINO Court: CHINO Case Number: SCH 29859 Case Type: SMALL CLAIMS Filed Date: 12/15/2003 Type: DEFENDANT Name: KIRBY JULIE County: SAN BERNARDINO Court: BLANK OR UNKNOWN Case Number: SMC CS080860 Case Type: BLANK OR UNKNOWN Filed Date: 09/19/2008 Type: DEFENDANT Name: KIRBY JULIE Filed Date: 09/19/2008 Type: PLAINTIFF Name: CASHCALL INC Professional Licenses for JULIE K KIRBY Record Type: CALIFORNIA PROFESSIONAL LICENSES Bureau or Agency: BOARD OF PHARMACY Licensee Name: KIRBY JULIE ANN License Number: 00000487 Address: 12361 FILERA ROAD, SAN DIEGO, CA 92128 License Type: PHARMACY TECHNICIAN Primary Status: CLEAR - PAID RENEWAL - VALID Original Date: 10/06/1992 Expiration Date: 05/31/1996
Endless Fraud Detection Corp Transaction Date: 11/20/1994
Record Type: CALIFORNIA PROFESSIONAL LICENSES Bureau or Agency: BOARD OF PHARMACY Licensee Name: KIRBY JULIE ANN License Number: 00000487 Address: 5445 BALTIMORE DR APT 52, LA MESA, CA 91942 License Type: PHARMACY TECHNICIAN Primary Status: CLEAR - PAID RENEWAL - VALID Original Date: 10/06/1992 Expiration Date: 05/31/2000 Transaction Date: 05/19/1998
Record Type: CALIFORNIA PROFESSIONAL LICENSES Bureau or Agency: BOARD OF PHARMACY Licensee Name: KIRBY JULIE ANN License Number: 00000487 Address: 5445 BALTIMORE DRIVE NO 52, LA MESA, CA 91942 License Type: PHARMACY TECHNICIAN Primary Status: CLEAR - PAID RENEWAL - VALID Original Date: 10/06/1992 Expiration Date: 05/31/2002 Transaction Date: 04/06/2002
Record Type: CALIFORNIA PROFESSIONAL LICENSES Bureau or Agency: BUREAU OF SECURITY AND INVESTIGATIVE SERVICES Licensee Name: KIRBY JULIE MARIE License Number: 00650199 Address: 1010 S J STREET #214, OXNARD, CA 93030 License Type: GUARD Primary Status: DELINQUENT Original Date: 09/08/1988 Expiration Date: 09/30/1992 Transaction Date: 07/16/1996
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KIRBY JULIE A License Number: 01122971 Address: PO BOX 2344, OLYMPIC VALLEY, CA 95730 License Type: SALESPERSON
Class Code: NO BROKER/CORP AFFILIATION Primary Status: NO RESTRICTIONS Original Date: 10/22/1991 Expiration Date: 10/21/1995 Transaction Date: 03/10/1995
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KIRBY JULIE A License Number: 01122971 Address: P O BOX 6881, TAHOE CITY, CA 96145 License Type: SALESPERSON Class Code: NO BROKER/CORP AFFILIATION Primary Status: NO RESTRICTIONS Original Date: 10/22/1995 Expiration Date: 10/21/1999 Transaction Date: 04/14/1998
Record Type: CALIFORNIA REALTORS LICENSES Bureau or Agency: DEPARTMENT OF REAL ESTATE Licensee Name: KIRBY JULIE A License Number: 01122971 Address: REQUESTED NO MAILING License Type: SALESPERSON Class Code: NO BROKER/CORP AFFILIATION Primary Status: NO RESTRICTIONS Original Date: 09/07/2000 Expiration Date: 09/06/2004 Transaction Date: 03/15/2002 Corporations, LPs, and LLCs for JULIE K KIRBY Record Type: CORPORATIONS Business Name: STONEWOOD OWNERS ASSOCIATION Filing Number: 02161578 File Date: 04/27/1999 Corporation Type: ARTICLES OF INCORPORATION - NON-STOCK (NONPROFIT) Corporation Class: MUTUAL BENEFIT Most Recent Statement of Officers Statement #: 0665568
Endless Fraud Detection Corp Statement Date: 04/07/2011 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 15268 ICKNIELD WAY, TRUCKEE, CA 96161 President: ROGER FISHER 17301 EL RANCHO AVE, MONTE SERENO, CA 95030 Agent: BOB FITTRER 15268 ICKNIELD WAY, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0657293 Statement Date: 01/30/2009 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 15268 ICKNIELD WAY, TRUCKEE, CA 96161 President: JULIE KIRBY 10197 PINE CONE RD, TRUCKEE, CA 96161 Agent: BOB FITTRER 15268 ICKNIELD WAY, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0663212 Statement Date: 02/20/2007 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 900 NORTHSTAR DR, TRUCKEE, CA 96161 President: JULIE KIRBY 10187 PINE CONE RD, TRUCKEE, CA 96161 Agent: PETER MILLER 14888 DONNER PASS RD, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0667350 Statement Date: 02/25/2005 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 900 NORTHSTAR DR, TRUCKEE, CA 96161 President: JULIE KIRBY 10187 PINE CONE RD, TRUCKEE, CA 96161
Agent: PETER MILLER 14888 DONNER PASS RD, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0680663 Statement Date: 04/19/2004 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 900 NORTHSTAR DR, TRUCKEE, CA 96161 President: JULIE KIRBY 10187 PINE CONE RD, TRUCKEE, CA 96161 Agent: PETER MILLER 14888 DONNER PASS RD, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0687880 Statement Date: 07/07/2003 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 900 NORTHSTAR DR, TRUCKEE, CA 96161 President: JULIE KIRBY 10187 PINE CONE RD, TRUCKEE, CA 96161 Agent: PETER MILLER 3079 ASPEN GROVE, TRUCKEE, CA 96161 Previous Statement of Officers Statement #: 0706492 Statement Date: 07/03/2000 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 10101 PINE CONE ROAD, TRUCKEE, CA 96161 President: SUSAN FITCH 16696 CYPRESS WAY, LOS GATOS, CA 95030 Agent: SUSAN FITCH 16696 CYPRESS WAY, LOS GATOS, CA 95030 Previous Statement of Officers Statement #: 0121402
Endless Fraud Detection Corp Statement Date: 04/26/2000 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 10101 PINE CONE RD, TRUCKEE, CA 96161 President: SUSAN FITCH 16696 CYPRESS WAY, LOS GATOS, CA 95030 Agent: SUSAN FITCH 16696 CYPRESS WAY, LOS GATOS, CA 95030 Previous Statement of Officers Statement #: INITIAL FILING Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: BERDING & WEIL 2339 GOLD MEADOW WAY, SACRAMENTO, CA 95670 Agent: WILLIAM C FITCH 111 WEST ST JOHN STREET STE 1010, SAN JOSE, CA 95113 Amendment History History Date: 07/07/2003 Amendment Number: CD002367 History Record Type: COMMON INTEREST DEVELOPMENT STATEMENT
History Date: 04/19/2004 Amendment Number: CD013195 History Record Type: COMMON INTEREST DEVELOPMENT AMENDMENT
History Date: 02/25/2005 Amendment Number: CD026419 History Record Type: COMMON INTEREST DEVELOPMENT STATEMENT History Date: 02/20/2007 Amendment Number: CD057073 History Record Type: COMMON INTEREST DEVELOPMENT STATEMENT History Date: 01/30/2009 Amendment Number: CD088929 History Record Type: COMMON INTEREST DEVELOPMENT STATEMENT History Date: 04/07/2011 Amendment Number: CD125459 History Record Type: COMMON INTEREST DEVELOPMENT STATEMENT
Record Type: CORPORATIONS Business Name: THE MAASAI WILDERNESS CONSERVATION FUND Filing Number: 02810741 File Date: 11/03/2005 Foreign State: DE Corporation Type: STATEMENT & DESIGNATION BY FOREIGN CORPORATION NON-STOCK (NONPROFIT)
Most Recent Statement of Officers Statement #: E792949 Statement Date: 07/27/2009 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: GAIL YOUNG 2938 TORITO RD, SANTA BARBARA, CA 93108 President: EDWARD NORTON 200 PARK AVENUE SOUTH 8TH FLOOR, NEW YORK, NY 10003 Agent: GAIL YOUNG 2938 TORITO RD, SANTA BARBARA, CA 93108 Previous Statement of Officers Statement #: E792949 Statement Date: 07/27/2009 Status: FORFEITED FTB Status: FORFEITED FTB Suspension Date: 11/02/2009 Mailing Address: GAIL YOUNG 2938 TORITO RD, SANTA BARBARA, CA 93108 President: EDWARD NORTON 200 PARK AVENUE SOUTH 8TH FLOOR, NEW YORK, NY 10003 Agent: GAIL YOUNG 2938 TORITO RD, SANTA BARBARA, CA 93108 Previous Statement of Officers Statement #: 0662684 Statement Date: 02/22/2007 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 4190 FOOTHILL RD, CARPINTERIA, CA 93103 President: JULIE KIRBY
Endless Fraud Detection Corp PO BOX 508, LOS OLIVOS, CA 93441 Agent: SUZE WILLIAMS 4190 FOOTHILL RD, CARPINTERIA, CA 93103 Previous Statement of Officers Statement #: 0420903 Statement Date: 09/15/2006 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: PO BOX 1413, SANTA BARBARA, CA 93101 President: FRITZ PINNEY 1060 TISHA CT, SANTA BARBARA, CA 93111 Agent: LAURA CIONTEA 200 E CARRILLO STE 202, SANTA BARBARA, CA 93101 Previous Statement of Officers Statement #: 0102142 Statement Date: 02/27/2006 Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: 4591 CAMINO DEL MIRASOL, SANTA BARBARA, CA 93101 President: FRITZ RINNEY 1060 TISHA CT, SANTA BARBARA, CA 93111 Agent: LAURA CIONTEA 4591 CAMINO DEL MIRASOL, SANTA BARBARA, CA 93110 Previous Statement of Officers Statement #: INITIAL FILING Status: ACTIVE FTB Status: NOT SUSPENDED (IN GOOD STANDING) Mailing Address: CIONTEA 4591 CAMINO DEL MIRASOL, SANTA BARBARA, CA 93110 Agent: LAURA CIONTEA 200 EAST CARRILLO ST STE 202, SANTA BARBARA, CA 93102 Amendment History History Date: 12/11/2008 Amendment Number: A0686156
Endless Fraud Detection Corp History Record Type: AMENDED STATEMENT AND DESIGNATION BY FOREIGN Comment: NAME CHANGE FROM: THE MAASAI FOUNDATION OF EAST AFRICA Other Corp Involved: 02810741 History Date: 11/02/2009 History Record Type: FRANCHISE TAX BOARD FORFEITURE
Page | 91 of 90
Endless Fraud Detection Corp UCC Index Source 2, by Debtor for JULIE K KIRBY Record Type: CALIFORNIA UCC INDEX File Number: 057050627476 File Date: 11/30/2005 Debtor # 1: JULIE R KIRBY Debtor Address: 76830 RANCHITA CYN RD, SAN MIGUEL, CA 93451 Debtor # 2: RODNEY R KIRBY Debtor Address: 76830 RANCHITA CYN RD, SAN MIGUEL, CA 93451 Secured Party # 1: BANK OF THE WEST Secured Address: P.O. BOX 8160, WALNUT CREEK, CA 94596
End of Background Checks
Page | 92 of 90

Detailed Investigation of Robo Signers

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Detailed Investigation of Robo Signers

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In the interest of client confidentiality the clients name and any other identifying information have been redacted

ENDLESS FRAUD DETECTION SERVICES, CORP.

PUBLIC RECORDS INVESTIGATION Regarding the following property

ENDLESS FRAUD DETECTION SERVICES, CORP.

ENDLESS FRAUD DETECTION SERVICES, CORP.

ENDLESS FRAUD DETECTION SERVICES, CORP.

INVESTIGATORS REPORT SUMMARY

ENDLESS FRAUD DETECTION SERVICES, CORP.

ASSIGNMENT OF DEED OF TRUST, DOC # 2011157160:

Summary of Public Recorded Document:

Background Checks of the company involved in this document;

Background Checks of the individuals on this document;

***Possible Penal Code Violations:***

End of ASSIGNMENT OF DEED OF TRUST Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

APPOINTMENT OF SUBSTITUTE TRUSTEE EXECUTED JANUARY 2, 2012, DOC # 2012009533:

Summary of Public Recorded Document:

Background Checks of the individuals on this document;

***Possible Penal Code Violations:***

Misdemeanor: 51.901. FRAUDULENT DOCUMENT OR INSTRUMENTATION - Class A

End of APPOINTMENT OF SUBSTITUTE TRUSTEE Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

SUBSTITUTE TRUSTEES DEED, FEBRUARY 07, 2012, DOC # 2012026994:

Summary of Public Recorded Document:

Background Checks of the individual names found on this document:

End of SUBSTITUTE TRUSTEES DEED Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

4. DEED OF TRUST, APRIL 16, 2008 DOC # 2006073288:

End of DEED OF TRUST Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

End of EVICTION CITATION Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

End of ORGINAL PETITION FOR FORCIBLE DETAINER Summary Review

ENDLESS FRAUD DETECTION SERVICES, CORP.

END OF INVESTIGATORS REPORT.

Chain of Title Investigation

On behalf and at the request of:

Completion 9 FEB 2012

Endless Fraud Detection Corp

Endless Fraud Detection Corp

Endless Fraud Detection Corp

Endless Fraud Detection Corp

Summary Conclusions: Chain of Title Investigation.

Endless Fraud Detection Corp

INVESTIGATORS REPORT SUMMARY

END OF THIS SECTION

Endless Fraud Detection Corp

Tracking the Deed of Trust/Mortgage and the Note:

Endless Fraud Detection Corp

Endless Fraud Detection Corp

END OF THIS SECTION

Endless Fraud Detection Corp

Summary of Public Recorded Document:

Background Checks of the company involved in this document;

***Possible Penal Code Violations:***

End of Assignment of Mortgage Summary Review

Endless Fraud Detection Corp

Satisfaction of Mortgage, 12NOV2007, DOC #4373560

This document was filed by ReconTrust Company.

Summary of Public Recorded Document:

Background Checks of the company involved in this document;

Background Checks of the individuals on this document;

Endless Fraud Detection Corp http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instru ment%3A20070379043

Possible Penal Code Violations:

Possible Penal Code Violations:

Possible Penal Code Violations:

Possible Penal Code Violations:

Possible Penal Code Violations:

Possible Penal Code Violations:

Possible Penal Code Violations:

http://deeds.desotocountyms.gov/T/T02584-00336.pdf Possible Penal Code Violations: