Nancy Duffy McCarron, CBN 164780 Attorney, Real Estate Broker, Notary Public, BBB Arbitrator Master Certified

Forensic Loan Auditor tel/fax: 805-965-3492 email: nancyduffysb@yahoo.com

___________________________________________________________________________________________

PROPERTY SECURITIZATION ANALYSIS REPORTTM

This is a Securitization Analysis Report and not a Forensic Audit Report

Prepared for: MICHAEL HAMMER, A SINGLE MAN

For Property Address 980 13th STREET, ARCATA, CA 95521 APN 020-104-003-000

Prepared on: July 14, 2013

Disclosure: You have retained NANCY DUFFY MCCARRON to examine your real estate documents. Although the undersigned is an attorney with an active California Attorney Bar License #164780, and is a Real Estate Broker with an active California License #853086, the import of this Securitization Report is limited to the content therein and may not be construed as an agreement in any way to represent the borrower as attorney of record in any anticipated or pending legal action in federal or state court, arbitration, bankruptcy, or any other adversary proceeding including: the doing and/or performing of service 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 contacts by which the legal rights are secured although such matter may or may not be depending in a court.

This Securitization Report is provided for an attorneys use in representing the borrower during negotiations or any other proceeding as described above. If the borrower wants the undersigned to represent the client in any anticipated or pending proceeding as described above such representation will necessarily require the execution of a separate, written attorney/client representation agreement. The invoice submitted for this audit was prepared after all work to complete the audit was finished.

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TABLE OF CONTENTS
SUMMARY OF ISSUES ............................................................................................................................................3 SECTION 1: TRANSACTION DETAILS ................................................................................................ 4

SECTION 2: SECURITIZATION .............................................................................................................. 5

SECTION 3: LEVEL 3 ANALYSIS .................................................................................................... 10

SECTION 4: FORECLOSURE AND CHAIN OF TITLE ............................................................ 20

CHAIN OF TITLE DIAGRAM ................................................................................................... 22

SECTION 5: SIGNATURE AND FRAUD ANALYSIS [ROBOSIGNING] ................................. 23 SECTION 6: FINAL ANALYSIS AND CONCLUSION ........................................................................... 28 AFFIDAVIT OF FACTS .................................................................................................................................. 31

EXHIBITS ATTACHED

EXHIBIT A

TRUST DEED ($544,000.00) recorded JUNE 2, 2008

EXHIBIT B

ASSIGNMENT OF DEED OF TRUST recorded April 26, 2010

EXHIBIT C

VOLUNTARY LIEN REPORT for APN 020-104-003-000

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SUMMARY OF ISSUES
Loan not in default Servicer is required by Pooling and Servicing agreement to advance any payments not made by borrower to the trust which owns the loan. Servicer advanced payments to borrower is technically not in default. Failed securitization The deed of trust shows no recorded transfer to any of the parties in the securitization. Break in chain of title-actual holder of the note is unknown MERS attempted assignment of the deed of trust and the money due under the note to the loan servicer from the original lender, who did not have ownership or possession of the note at the time of the attempted assignment since it had been sold to the trust, was invalid and void ab initio. No assignments of the deed of trust to the parties in the securitization were recorded. Robosigning of Assignment of Deed of Trust Robosigner execution of Assignment of Deed of Trust by MERS is questionable and potentially invalid. MERS is not registered to do business in California An entity not registered to do business in California is not authorized to foreclose in California. Conflict of interest by loan servicer; securitization damaged borrower by restricting modification The loan servicer can only be reimbursed for advances made to the trust through liquidation or insurance proceeds from foreclosure and has a financial incentive to foreclose rather than modify a loan. The loan servicer must make up any shortfall from a modification and pay it to the trust from the servicers own funds, and therefore has no incentive to offer a modification despite promises to the contrary. The tax free status of the trust (REMIC) restricts the type of modification that can be made. Borrower was not a party to this when he entered into the transaction. Multiple parties have the apparent right to foreclose Due to an invalid assignment and transfers of the note, more than one party can allege the right to foreclose on the property at the same time. The trust that is receiving payments cannot now obtain ownership of the note The representations in the trust agreement and the IRS code prohibit the trust from receiving assets after the closing date of the trust. The note and the deed of trust have not been endorsed to the trust as of the closing date and cannot now be put into the trust. Also, a non-performing loan cannot be put into the trust. The attempt by the servicer to foreclose instead of modifying the loan violates Civil Code 2923.6 The servicer is required to maximize the net present value of the asset, and if the net present value from a modification exceeds the net present value from a foreclosure, the servicer is obligated to offer the modification. The Bloomberg sheets show a high rate of foreclosure, a high percentage rate of loss, and yet only one modification. The Bloomberg figures do not justify denial of a loan modification.

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SECTION 1:

TRANSACTION DETAILS

BORROWER & CO-BORROWER:

BORROWER MICHAEL HAMMER, a single man CURRENT ADDRESS 82-5988 NAPOOPOO, CAPTAIN COOK HI 96704 SUBJECT ADDRESS 980 13th STREET, ARCATA, CA 95521 CO-BORROWER

TRANSACTION PARTICIPANTS
AMOUNT MORTGAGE SERVICER MORTGAGE NOMINEE/BENEFICIARY MORTAGE ELECTRONIC SERVICES CORPORATION MERS (soley as nominee for Lender and Lenders successors and assigns) and the successors and assigns of MERS TITLE COMPANY

$544,000.00
Executed May 28, 2008 Trust Deed recorded 6/2/08

CITIMORTGAGE

ORIGINAL MORTGAGE LENDER

MORTGAGE TRUSTEE

CITIMORTAGE, INC.

VERDUGO TRUSTEE SERVICE CORPORATION

FIRST AMERICAN TITLE INSURANCE COMPANY

The above is data for an original loan in the amount of $544,000.00 executed on May 28, 2008, secured by a Deed of Trust recorded against the real property as Document No. 2008-136-16 on June 2, 2008 at the County Recorders Office in Humboldt County. It has a MERS ID number as MIN #1001152005428192. The loan was securitized as loan number 0775984139 showing in the Bloomberg Investor Loan Database.

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SECTION 2: SECURITIZATION
SECURITIZATION PARTICIPANTS:
ORIGINATOR/LENDER SPONSOR/SELLER CITIMORTAGE INC. A NEW YORK CORPORATION DEPOSITOR

CITIMORTAGE, INC.

Citicorp Mortgage Securities, Inc. a Delaware Corporation (CMSI)

MASTER SERVICER/ SERVICER

ISSUING ENTITY CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2

TRUSTEE

U.S. Bank National Association

CUT OFF DATE June 1, 2008

CITIMORTGAGE
CLOSING DATE ON OR ABOUT June 26, 2008

CUSTODIAN CITIBANK

During the securitization process, the loan was sold from the Originator to the Sponsor/Seller, then from the Sponsor/Seller to the Depositor, then from the Depositor to the Trustee of the Trust. Each sale must be supported by a delivery and acceptance certificate from the receiving party, an endorsement of the Note and an assignment of the Deed of Trust. Only the Depositor is allowed to make the final transfer to the trust, and all transfers must be made as of the closing date to preserve the tax free status of the trust. Also, no loans in default (non-performing loans) may be placed into the trust. Once the Trust owns the note, only the Trustee of the trust has the right to foreclose on behalf of trust investors, to appoint an agent to foreclose, to assign the Deed of Trust, or to substitute a Trustee to foreclose. The report below contain links to the full documents and excerpts from Trust, Investor Prospectus, and the Pooling & Servicing Agreement which support the above statements and are relevant to this report. _______________________________________________________________________ The Trust agreements that created and govern the CMSI Series 2008-N Trust are the Prospectus, the Prospectus Supplement and the Pooling and Servicing Agreement. These documents are filed under oath with the Securities and Exchange Commission. The Trust documents can be accessed on the Bloomberg Terminal under Company Filings using the CF Screen Command. These documents can also be found through the Edgar database at www.sec.gov or www.secinfo.com. The following excerpts are from the first page of the prospectus supplement for Trust containing the subject loan, various excerpts from the Prospectus, the first page of the Pooling & Servicing Agreement and excerpts from that Agreement relevant to this report. Page | 5

PROSPECTUS PROVIDED TO INVESTORS:

Link to full text of prospectus supplement, and imported header shown below internet link: http://www.sec.gov/Archives/edgar/data/811785/000141079008000008/cmst2008-2424b5.htm 424B5 1 cmst2008-2424b5.htm CMST 2008-2 FORM 424B5

Prospectus June 25, 2008

Citicorp Mortgage Securities, Inc.

(Depositor)

CitiMortgage, Inc.
(Sponsor)

Citicorp Mortgage Securities Trust, Series 2008-2

(Issuing Entity)

$202,851,747 (approximate) Senior and Subordinated REMIC Pass-Through Certificates

SUMMARY OF TRANSACTION AND TRANSACTION PARTIES

Excerpts from the prospectus provided for investors are shown below: Page | 6

CONVEYANCE OF THE MORTGAGE LOANS TO THE TRUST PURSUANT TO NY LAW:

SERVICER ADVANCES TO THE TRUST PURSUANT TO POOLING & SERVICING AGREEMENT:

MODIFICATIONS TO LOANS IN THE TRUST:

ABOVE EXCERPTS ARE FROM: PROSPECTUS 425B REPORT SUBMITTED TO SEC UNDER OATH http://www.sec.gov/Archives/edgar/data/811785/000141079008000008/cmst2008-2424b5.htm

________________________________________________________________________________

The Header and Excerpts from the Pooling & Servicing Agreement are show below: (Transfer of Mortgage Loans)

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POOLING AND SERVICING AGREEMENT

LINK TO FULL TEXT OF POOLING & SERVICING AGREEMENT FILED AT SEC UNDER OATH:
http://www.sec.gov/Archives/edgar/data/811785/000141079008000014/poolingandservicingagreement.htm

EXHIBIT 4.1

Citicorp Mortgage Securities, Inc.

Depositor

CitiMortgage, Inc.
Servicer and Master Servicer

U.S. Bank National Association

Trustee

Citibank, N.A.
Paying Agent, Certificate Registrar and Authenticating Agent

Pooling and Servicing Agreement Citicorp Mortgage Securities Trust, Series 2008-2 REMIC Pass-Through Certificates
June 1, 2008 Section 2.1 Transfer of Mortgage Loans

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EXCERPTS ABOVE ARE FROM: POOLING & SERVICING AGREEMENT FILED AT SEC:
http://www.sec.gov/Archives/edgar/data/811785/000141079008000014/poolingandservicingagreement.htm [FULL TEXT OF P & S AGREEMENT CAN BE VIEWED OR DOWNLOADED BY CLICKING ON THE ABOVE LINK]

The Trust agreements that created and govern Citicorp Mortgage Securities Trust, Series 2008-2 REMIC Pass-Through Certificates [CMSI 2008-2] are the Prospectus, the Prospectus Supplement and the Pooling and Servicing Agreement. These documents are filed under oath with SEC, which is the Securities and Exchange Commission. The Trust documents can be accessed on Bloombergs Terminal under Company Filings using the CF Screen Command. These documents can also be located through the Edgar database at www.sec.gov or www.secinfo.com. CONFIRMATION SUBJECT LOAN EXISTS IN MERS DATABASE OF SECURITIZED LOANS
MERS Min#100111520054286192 appears on a recorded trust deed, reciting security instrument executed 5/28/08 which is replicated at https://www.mers-servicerid.org/sis/search showing same Min #, Lender and Note date:

THE UNDERSIGNED CERTIFIES THAT ALL DATA EXPORTED INTO SECURITIZATION REPORT WAS EXPORTED FROM THE ACTUAL DATA UPLOADED TO SEC AND/OR BLOOMBERG [FROM THE PROSPECTUS OR POOLING & SERVICING AGREEMENT] Page | 9

SECTION 3: SECURITIZATION ANALYSIS

A Level 3 Analysis is a report of information obtained by using the Bloomberg special purpose software known as the Bloomberg Terminal. The Bloomberg Terminal is a computer system provided by Bloomberg L.P. that enables financial professionals to access the Bloomberg Professional service through which users can monitor and analyze real-time financial market data movements and place trades. The system also provides news, price quotes, and messaging across its proprietary secured network. Use of the Bloomberg terminal makes it possible to enter the characteristics of a mortgage loan and identify the Trust into which it has been securitized and which Classes within the Trust contain a portion of the loan. In many cases, the loans that were placed in these trusts were fractionalized or broken into multiple parts and combined with other loans into Classes with varying credit risk profiles and maturities. Each of these classes was assigned a separate CUSIP number and sold as an individual security. Some of these securities may have been completely paid off through payments by the borrower, credit default swaps, mortgage insurance or government programs. The Bloomberg terminal allows us to identify which classes contain a portion of the subject loan.
The subject loan was found in the CMSI 2008-2 Trust as investor loan number 0775984139 which replicates the characteristics of the loan as recorded. The $544,000 loan is shown as active in Groups 0,1, 3.

The above screen shows 163 active loans and the average borrower credit score of 714.

DESCRIPTION OF SECURITY FROM BLOOMBERG

The above describes the security CMSI 2008-2, CUSIP, Issuer: Citicorp Mortgage Securities, Inc. Page | 10

GROUP DESCRIPTION

DEAL DESCRIPTION COMMENT SECTION PERTAINING TO TRUST INCLUDING CREDIT ENHANCEMENTS May further offset risks of owners or provide reimbursements to certain certificate holders

The above shows credit enhancements and identifies loans as Residential First Mortgage Loans, and that the loans were cross-collateralized. Page | 11

STRUCTURED FINANCE NOTES SCREEN

The above shows Citigroup as Underwriter, CitiMortgage Inc. as Servicer, US Bank NA Trustee This matches all data indicated on borrowers Recorded Trust Deed and data at MERS lookup.

Participants in the Securitization

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LOAN LEVEL DETAIL Loan 0775984139 is shown as being in Active status, $544,000 in Groups 0, 1, 3.

Loan is a Fixed term loan for an Owner Occupied SFR located in zip code 95521.

VIEW ALL LOAN CLASSES SCREEN The Bloomberg Terminal shows all of the Classes/Tranches within the Trust shown below. Each of the Classes has a separate CUSIP number and each is a traded security. The LFND screen command shows all of the classes and the original balance for each class. It also shows which of the classes have been paid off (gray color). Payments can be made in a number of ways, through credit default swaps, mortgage insurance or government programs and/or bailouts, and normal waterfall payments as described in the Trust Prospectus. The subject loan was found in 10 of the 15 classes as the loan is located in Group 0 (all collateral) Group 1 and Group 3. 8 classes are UNPAID (in yellow) and the remaining 7 CLASSES (in grey) are completely paid. CUSIP numbers are shown below.

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LOAN COLLATERAL PERFORMANCE Few modifications (only 1) relative to the delinquency rate

Continued on next page:

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The above shows collateral performance data and that only 1 modification was issued despite very high delinquency rates indicated exceeding 40%. COLLATERAL COMPOSITION

This shows that 97% of the loans were fixed rate, owner occupied SFR, less likely to default.

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LOSS SEVERITY SCREEN

STRUCTURE PAYDOWN Shows the classes that have been completely paid off

Shows current % loss on portfolio assets for the past month, 3 months, 6 months and year. Page | 16

RATING CHANGES ON LOANS (ratings reduced over time)

Shows rating agencies (Fitch, Moodys) have downgraded the securities ratings. PROSPECTUS PULLED FROM BLOOMBERG full text of 424b5 (Prospectus Supplement) http://www.sec.gov/Archives/edgar/data/811785/000141079008000008/cmst2008-2424b5.htm
Prospectus June 25, 2008

Citicorp Mortgage Securities, Inc.

(Depositor)

CitiMortgage, Inc.
(Sponsor)

Citicorp Mortgage Securities Trust, Series 2008-2 (Issuing Entity)

$202,851,747 (approximate) Senior and Subordinated REMIC Pass-Through Certificates
________________________________________________________________________ Page | 17

This prospectus registered with SEC confirms it is an operating trust in which the loan exists. LEGAL ACTIONS AGAINST THE TRUST

MERS IS NOT REGISTERED TO DO BUSINESS IN CALIFORNIA Mortgage Electronic Registration System, Inc. surrendered its CA business license on 5/21/2002 The corporate agent for service of process resigned 3/25/09: http://kepler.sos.ca.gov/

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MERS, Inc. surrendered its CA business license on 12/02/2010-agent for service of process resigned 7/29/11:

From: http://kepler.sos.ca.gov/

An unregistered business is not authorized to prosecute foreclosure.

CITIMORTGAGE, INC. IS REGISTERED AS AN ACTIVE CORPORATION AS OF 7/14/2013.

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SECTION 4:

FORECLOSURE

Recorded Events on the Loan Including Foreclosure Issues and Securitization

Recorded Chain of Mortgage Possession Date Original Mortgage Date Chain of Note Possession Note Holder

June 2, 2008 Instrument #2008-13612 Official Records, Humboldt County, CA

DEED OF TRUST
Borrower: MICHAEL HAMMER $544,000.00 30 years
Lender: CITIMORTGAGE, INC.

June 2, 2008

CITIMORTGAGE

April 21, 2010 Instrument #2010-08589

NOTICE OF DEFAULT
Default Date April 20, 2010 Default Amount $64,333.47

ON OR ABOUT June 26, 2008

CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2

ASSIGNMENT OF
April 26, 2010 MORTGAGE Instrument #2010-08587 New Lender: CITIMORTGAGE Official Records, Previous Lender: MERS Humboldt County, CA Lisa Markham AVP MERS
Prepared by: CR Title Services, Inc.

July 27, 2010 Instrument #2010015969 Official Records, Humboldt County, CA

NOTICE OF TRUSTEE SALE

No. T10-61183 Mortgage Amt: $544,000.00 Unpaid Balance: $620,876.25 CR TITLE SERVICES, INC.

March 29, 2011 TRUSTEE SALE Instrument #2011-06794 No. T10-61183 Official Records, Mortgage Amt: $544,000.00 Humboldt County, CA Unpaid Balance: $661,859.14 CR TITLE SERVICES, INC. April 25, 2011 Instrument #2011-09005 Official Records, Humboldt County, CA

NOTICE OF

TRUSTEES DEED
Sale Price: $449,900.00 Sale
Type:Unknown Stamp:$494.89 Grantor: CR Title Services, Inc.

Grantee: CitiMortgage, Inc. Page | 20

FORECLOSURE SUMMARY
Deed of Trust: On June 2, 2008, Debtor MICHAEL HAMMER, a single man, executed a negotiable PROMISSORY NOTE and a SECURITY INTEREST in the form of a First Deed of Trust in the amount of $544,000.00. This document was filed as document number 2008-13612 in the Official Records of Humboldt County. The original lender of the promissory note and mortgagee is CitiMortgage, Inc. Mortgage Electronic Records Services (MERS) was named as both the nominee and beneficiary in the Deed of Trust. Min #100011520054286192 Prepared by CitiMortgages, Inc., 7958 So. Chester St., Centennial, CO 80112 but returned (after recording) to: CitiMotgage Inc., Attn: Document Processing, PO Box 790021, St. Louis, MO 63179-0021 Securitization (The Note): The NOTE was sold, transferred, assigned and securitized into the CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2 [CMST 2008-2] with a Closing Date of on or about June 26, 2008. Assignment of Deed of Trust: An Assignment of Deed of Trust was recorded on April 26, 2010 as Document #2010-08587 in the Official Records of Humboldt County, MERS to CitiMortgage, Inc. The assignment was created by CR Title Services, Inc. and was signed by Lisa Markham as Assistant Vice President of MERS, notarized by Kristen B. Lindner, Notary public, Pima County, AZ, commission expiring Feb 21, 2014. The document was prepared by CR Title Services, Inc.; when recorded mail to: CT Title Services, Inc. 1000 Technology Drive MS 314, OFallon, MO 63368 Substitution of Trustee: No Substitution of Trustee was recorded in the Official Records of Humboldt County at any time. Notice of Default Recorded: A Notice of Default was recorded on April 21, 2010 in the Official Records of Humboldt County. The document number was #2010-08589. Notice of Sale Recorded: A Notice of Sale was recorded on July 27, 2010 in the Official Records of Humboldt County, with a document number of #2010-015969. Notice of Sale Recorded: A Notice of Sale was recorded on March 29, 2011 in the Official Records of Humboldt County, with a document number of #2011-06794. Trustee's Sale Deed Recorded A Trustee Sale Deed was recorded on April 25, 2011in the Official Records Of Humboldt County, with a document number of #2011-09005 from CR Title Services, Inc. to CitiMortgage, Inc.

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CHAIN OF TITLE
MICHAEL HAMMER
BORROWER TRUSTOR MORTGAGOR/MORTGAGER GRANTOR PROMISSORY NOTE DEED ISSUED TO DEED OF TRUST

First American
TITLE COMPANY/ ESCROW

Humboldt County Recorder MAINTAINS ASSIGNMENT HISTORY of Recorded Documents on Parcel

CitiMortgage
NOTE WAS SPLIT FROM THE DEED MONTHLY PAYMENTS SPLIT FROM NOTE

NOTE WAS SOLD & TRANSFERRED CITIMORTAGE INC. A NEW YORK CORPORATION SPONSOR/SELLER Purchases loans from originator; forms pool

CitiMortgage, Inc.
LENDER/ ORIGINATOR

CITIMORTGAGE
MASTER SERVICER Services individual loans; Aggregates Collection; Performs Duties under Trusts Pooling & Servicing Agreement

CERTIFICATES Citicorp Mortgage Securities, Inc. a Delaware Corporation (CMSI) DEPOSITOR Creates Issuing Entity

CITIGROUP
UNDERWRITERS SELLS CERTIFICATES TO INVESTORS; COLLECTS OFFERING PROCEEDS CERTIFICATES

CERTIFICATES

OFFERING PROCEEDS

US BANK, NA
TRUSTEE FOR THE TRUST

INVESTORS Purchase Mortgage Backed Securities as defined in Certificates

CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2

TRUST FUND ISSUING ENTITY Holds pool of loans; issues certificates

Represents Investors Interests; Calculates Cash Flows; Remits Net Revenues _________________________ UNDERLYING CUSTODIAN Document Custody

RETURN ON INVESTMENTS

ARROW LEGEND PURPLE MORTGAGE DOCUMENTS BLUE SECURITIES CERTIFICATES RED INVESTOR FUNDS GREEN BORROWER FUNDS

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SECTION 5: SIGNATURE ANALYSIS

Robosigners are persons who were employed by foreclosure and/or document processing firms such as LPS and Nationwide Title Clearing to sign thousands of documents such as the critical Assignments of Deeds of Trust and Substitutions of Trustee without either examining the documents for accuracy or having the authority to sign these documents. Often these robosigners would pose as officers of companies that they did not work for in signing the documents. The notaries who attested to the validity of these signatures were also often robosigners. In preparation for a challenge to these documents, it is recommended that the following be verified: 1. Check that the person who signed the documents was actually an employee of the organization that he or she indicated (e.g. MERS) on the date that the documents were signed, and if the signer had the appropriate authority to sign and bind the corporation or entity. The person signing as an officer of MERS must have been approved by the board of directors and have signed with the knowledge of MERS, or the document is not valid. 2. Check the validity of the notarys signature by obtaining a copy of the notary oath from the Secretary of State where the Notary is registered (AZ) and comparing it to the signature on the notarized document. Lisa Markham is a known robosigner who purportedly executed an assignment from MERS to CitiMortgage, Inc. on April 21, 2010 recorded as Doc #2010-8587-2 on April 26, 2010. Below is Lisa Markhams purported signature.

Lisa Markhams signature on above left does not match her signature on the subject loan shown on above right. Suspect forgery because the signatures were not signed by the same person. One of left writes on the center line, one on right writes below the center line. The initiating curl of the L is distinctively different. The initials on the left slant to the left; the initials on the write do not slant. The signers hand shakes or slips on the right. Page | 23

LinkedIn shows Lisa Markham employed as an escrow officer at Title Company in Arizona.

The undersigned believes Lisa Markham was never a MERS employee nor ever served as Vice-President for MERS.

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Factual Background
Deed of Trust: On May 28, 2006 Michael Hammer, a single man, executed a negotiable promissory note and a security interest in the form of a Deed of Trust in the amount of US $544,00.00. This document was recorded as document 2008-13612-16 in Official Records, Humboldt County, CA. The original lender of the promissory note is CitiMortgage, Inc. and the trustee is Verdugo Trustee Service Corporation. Mortgage Electronic Registration Systems, Inc. (MERS) is not named as the payee of the note, but is named as acting solely as a nominee for lender and as beneficiary of the security interest Deed of Trust: The following excerpt from the subject Deed of Trust recorded 6/2/08 recites:

The assignment was invalid as shown below under the MERS analysis below. MERS ANALYSIS: The Deed of Trust shows MIN 100011520054286192 and the MERS SERVICER ID website https://www.mers-servicerid.org/sis indicates that Citimortgage is Servicer of the loan. Although MERS records an assignment in real property records, the promissory note creating the legal obligation to pay the debt is not negotiated to MERS. The following is on page 73 of the MERS manual:

Transfer of Beneficial Rights (Overview)

Although the MERS System tracks changes in ownership of the beneficial rights for loans registered on the MERS System, the MERS System cannot transfer the beneficial rights to the debt. The debt can only be transferred by properly endorsing the promissory note to the transferee

MERS is never entitled to receive a borrowers monthly payments, nor is MERS ever entitled to receive the proceeds of a foreclosure or deed of trust sale. MERS is never the owner of the promissory note and cannot foreclose on it. 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. MERS had no power to convey or transfer any interest because it was not a beneficiary of the loan or its agent. Page | 25

Transfer of the note The original note was not available for examination, and it is unknown whether it was endorsed to the parties in the securitization and when these endorsements took place. Securitization: The NOTE was purportedly sold, transferred and securitized into the CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2 on or before the closing date of the trust on June 26, 2008. The trustee of the trust is U.S. Bank National Association and the servicer of the trust is CitiMortgage. The trust is governed by the laws of the State of New York as a grantor trust. As of the date of this report, the payments from the borrowers note are showing as being used to make payments to the active securities in the trust. As of the date of this report, the trust shows that the subject property is an owner occupied single family dwelling. The trust includes 163 active loans and 15 separate securities (classes or tranches), of which 7 have been fully paid off from proceeds of the notes in the trust. The subject loan is in 10 of classes, including all 7 of the paid off classes, two in class 1, and 1 in class 3. The servicer and the trustee of the trust are required to make payments to the trust in the event that the borrower defaults on the payments as shown in the Trust Agreement. The full text of the Trust agreement is available at:
http://www.sec.gov/Archives/edgar/data/811785/000141079008000014/poolingandservicingagreement.htm Exh.4.1

Issues, potential issues and damages to borrower

Issue: Borrower was not in default A notice of default has been recorded, and the loan is shown as being in foreclosure status in the trust. However, the loan may still be current with respect to the true holder of the loan. In order to exercise a power of sale under a Deed of Trust, borrower must be in default to the recorded lender. However, as shown above, the trust agreement specifies that both the Servicer and the Trustee have an obligation to make payments to the noteholders of the trust in the event that the borrower has defaulted on his payments. The obligation to make these payments is limited only, if in the opinion of the Servicer and/or Trustee, they would not be recoverable. However, since repayments of these advances have priority over any other payments, it is likely that any advances made would be recoverable from the sale of the property upon foreclosure. Plaintiff did not sign, and was not a party to, the acceptance of the Prospectus or the Pooling and Servicing Agreement (PSA) of the trust, which specifies required servicer advances in the event of borrower default and the distribution of payment proceeds of Plaintiffs mortgage loan. Therefore, he is not responsible for repaying the servicer, sub-servicer or anyone else for amounts paid in order to keep her loan current with the holder of the note or actual creditor(s) pursuant to their own agreements. There is no agreement between Plaintiff and the loan servicer for repayment of any advanced amount. Because there is no actual default in the payments on Plaintiffs note to the lender or his assigns, as specified in the original deed of trust there can be no valid enforcement action based on alleged default in payments. Only the real party in interest with standing in relation to the debt should be allowed to appear in any legitimate enforcement action, as it is only that party who may be harmed or benefitted by such an action with respect to a default in note payments. When a third party such as a loan servicer intervenes and makes advances on the debt to preserve its own contractual obligations in the servicing agreement, it does not thereby step into the shoes Page | 26

of the creditor with respect to enforcement rights under the deed of trust on the actual debt obligation. If the loan is not in default with respect to the original lender or his assigns, there is, of course, no basis for exercising the power of sale or foreclosing on the property. Servicer has only an unsecured equitable claim for reimbursement. Issue: Securitization of the loan damaged borrower by not allowing modification Because the loan was securitized, the borrower was restricted in his ability to modify the loan. Federal Reserve Bank of Chicago, in a report, The Role of Securitization in Mortgage Negotiation states: ABSTRACT
We study the effects of securitization on renegotiation of distressed residential mortgages over the current financial crisis. Unlike prior studies, we employ unique data that directly observe lender renegotiation actions and cover more than 60% of the U.S. mortgage market. Exploiting within-servicer variation in these data, we find that bank-held loans are 26% to 36% more likely to be renegotiated than comparable securitized mortgages (4.2 to 5.7% in absolute terms). Also, modifications of bank-held loans are more efficient: conditional on a modification, bank-held loans have lower post-modification default rates by 9% (3.5% in absolute terms). Our findings support the view that frictions introduced by securitization create a significant challenge to effective renegotiation of residential loans.

The language in the governing trust agreement further restricts borrowers ability to obtain a loan modification: Issue: Identification of the owner of the note is required to determine who has standing to foreclose Even before a party can initiate a non-judicial foreclosure in California, the foreclosing party must have standing to do so. California Civil Code 2924 (1) identifies who has standing to foreclose: The trustee, mortgagee, or beneficiary, or any of their authorized agents shall first file for record, in the office of the recorder of each county wherein the mortgaged or trust property or some part or parcel thereof is situated, a notice of default Standing is a requirement based in Article III of the United States Constitution, and a defect in standing cannot be waived by the parties. Chapman v. Pier I Imports (U.S.) Inc., 631 F.3d939, 954 (9th Cir 2011) Further, there is a general prohibition on a litigants raising another persons legal rights. Oregon v. Legal Servs. Corp., 552 F.3d 965,971 (9th Cir. 2009).
.

There is confusion regarding the true owner of the note. The Deed of Trust specifies CitiMortgage as the lender and MERS as the beneficiary. There is no assignment of the deed of trust to Citicorp Mortgage Securities, Inc. a Delaware Corporation (CMSI), Depositor, and no endorsement to CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2 (the Trust) or its trustee, U.S. Bank National Association, prior to the closing date of the trust (June 28, 2008), as is required by the governing trust agreement and under New York law. It is not possible at this time to identify the true owner of the note who has authority to foreclose or assign the deed of trust to an agent to foreclose. Issue: Neither the servicer of the loan or its agent has standing to foreclose The foreclosing trustee must have both note and deed of trust, or be agent of the holder of both deed of trust and the note, in order to foreclose. If the servicer of the loan or its agent attempts to foreclose, they must provide proof that they hold these documents or proof that they are the agent of whomever holds both documents. Often attempts are made during the foreclosure process to transfer the Deed of Trust to the foreclosing party. However, the transferor must be the legal holder of the note at the time of transfer. If the loan has been sold to a trust in a securitization, the original lender has no interest in the note and no ability to transfer the Deed of Trust. If the securitization has failed, the trustee of the trust has no authority to transfer the Deed of Trust. If the original trustee on the loan has a Deed of Trust, but the note has been transferred, they do not have the right to foreclose. Page | 27

In this case, Title Court issued a notice of default on April 20, 2010. At that time, Title Court had not been substituted as trustee nor had Title Court been assigned the deed of trust. Therefore, the notice of default is invalid and void since Title Court lacked standing to issue a Notice of Default. Issue: Missing assignments during securitization caused a break in title chain rendering the note unsecured. The chain of title to real property must be recorded and maintained intact at all times. A break in the chain of tile invalidates the security interest. In the securitization process of the subject loan, the following transfers by assignment were required by the governing documents: 1. Originator to Seller/Sponsor a. Originator: CitiMortgage Inc. b. Seller/Sponsor: CitiMortgage Inc, a New York Corporation Lehman Brothers Holdings Inc. There was no recorded assignment of the Deed of Trust. 2. Seller/Sponsor to Depositor a. Seller/Sponsor: CitiMortgage Inc, a New York Corporation b. Depositor: Citicorp Mortgage Securities, Inc. a Delaware Corporation (CMSI) There was no recorded assignment of the Deed of Trust. 3. Depositor to the Trustee of the Trust a. Depositor: Citicorp Mortgage Securities, Inc. a Delaware Corporation (CMSI) b. Trustee: U.S. Bank National Association, trustee of Citicorp Mortgage Securities Trust, Series 2008-2 There was no recorded assignment of the Deed of Trust. The Bloomberg screens show note payments are being made to the securities in the trust, but the actual location of the original note is unknown. If the note is in the trust and the Deed of Trust is held by MERS, there has been a break in the chain of title. If the note is not in the trust, the current owner of the note is unknown. A break in the chain of title invalidates the security instrument and renders the debt obligation (the note) unsecured.

SECTION 6

FINAL ANALYSIS AND CONCLUSION

In the Traditional Lending Model, prior to the Securitization Lending Model, only the original Trust Deed was recorded in the Chain of Title because banks maintained the executed note and trust deed in its own loan portfolio files, and serviced the own loan. If the borrower repaid in full the bank issued and recorded a deed of reconveyance to clear title. If the borrower defaulted the bank foreclosed and sold the property. Banks did not sell loans; hence, only the original trust deed appeared in the banks name in chain of title. In the Securitization Lending Model, especially through Private Investors and not Fannie Mae or Freddie Mac, involved an entirely new process in mortgage lending. The Notes and Deeds of Trust were sold once, twice, three times or more. The Traditional Lending Model required recording new Assignments of the Deed and Note as each transfer of the Note or Deed of Trust occurred. Obviously, this required time to create and execute the documents and expenses to record each document in the appropriate county. (The selling or transferring of the Note is not to be confused with the selling of the Servicing Rights, which is simply the right to collect payments on the Note, and keep a small portion of the payment for Servicing Fees. Usually, when a homeowner states that the loan was sold, the homeowner is referring to Servicing Rights.)

Page | 28

SECURITIZING A LOAN
Securitizing a loan is the process of selling it to Wall Street and private investors. It is a method with many issues to be considered. The methodology of securitizing a loan generally followed these steps:

A Wall Street firm would approach other entities about issuing a Series of Bonds for sale to investors and would come to an agreement. In other words, the Wall Street firm pre-sold the bonds. The Wall Street firm would approach a lender and usually offer the lender a warehouse Line of Credit. The Warehouse Credit Line would be used to fund the loan. The Warehouse Line would be covered by restrictions resulting from the initial Pooling & Servicing Agreement Guidelines and Mortgage Loan Purchase Agreement. These documents outlined the procedures for the creation and administration of the loans prior to, and after, the sale of the loans to Wall Street. The Lender, with the guidelines, essentially solicited buyers for the loans, people who fit the general characteristics of the Purchase Agreement. Guidelines were very general and most people could qualify. The Lender would execute the loan and fund it, collecting payments until there were enough loans funded to sell to the Wall Street firm who could then issue the bonds. Once the necessary loans were funded, the lender would then sell the loans to the Sponsor, usually either a subsidiary of the Wall Street firm, or a specially created Corporation of the lender. At this point, the loans were separated into tranches (groups) of loans, where they were eventually converted into bonds. Next, the loans were sold to the Depositor. This was a Special Purpose Vehicle designed with one purpose in mind---to create a bankruptcy remote vehicle where the lender or other entities are protected from what might happen to the loans, and/or the loans are protected from the lender. The Depositor would be, once again, created by the Wall Street firm or the lender. Then the Depositor would transfer the loans into the Issuing Entity, which is another entity created solely for the purpose of selling the bonds. Finally, bonds were sold, with a Trustee appointed to ensure bondholders received monthly yield payments. CitiMortgage was a correspondent lender who originated mortgage loans. These loans, in turn, may have been sold and transferred into a federally-approved securitization REMIC trust named the
CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2

The Note and Deed have taken two distinctly different paths. The Note may have been securitized into the CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2
.

The written agreement which created the CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2 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, provided to investors before they purchased the security investment, also available on SEC website. The Trust by its terms set a CLOSING DATE on or about June 26, 2008. The promissory note in this case became trust property in compliance with requirement set forth in a PSA. The Trust agreement is filed under oath with the Securities and Exchange Commission. [SEC] The acquisition of the assets of the subject Trust and the PSA are governed under New York law. The trust is a grantor trust under NY law. Page | 29

In view of the foregoing, the Assignment of Deed of Trust executed after the Closing Date of 6/26/08 would be a void act because it violated the express terms of the grantor trust and governing IRS regulations. The loan was originally made payable to CitiMortgage and may have been sold and transferred to the CITICORP MORTGAGE SECURITIES TRUST, SERIES 2008-2. There is no record of any 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 United States Supreme Court held, 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. 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 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 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 (1952) 39 Cal.2d 179, 246 P.2d 23; Polhemus v. Trainer (1866) 30 Cal. 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 deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Without the agency relationship, the person holding only the trust 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 deed of trust.

DISCLAIMER This report was based exclusively on the documentation provided. The undersigned makes reasonable assumptions respecting disclosures and certain loan terms that, if erroneous, may result in material differences between findings and the loans actual compliance with applicable regulatory requirements. While the undersigned believes the assumptions provide a reasonable basis for the review results, the undersigned makes no representations or warranties respecting the appropriateness of the assumptions, the completeness of the information considered, or the accuracy of the findings. The contents of this report is being provided with the understanding that the undersigned does not have any attorney/client relationship, contractual or otherwise, with anyone other than the recipient. The undersigned does not, in providing the report, accept or assume responsibility for any other purpose. The undersigned is not representing the borrower in any anticipated or pending legal proceeding or arbitration, and any such representation may only occur upon the execution of a separate written attorney/client agreement.

Page | 30

AFFIDAVIT OF FACTS STATE OF CALIFORNIA ) ) sv.: AFFIDAVIT COUNTY OF SANTA BARBARA ) RE: Michael Hammer I, Nancy Duffy McCarron, a citizen of the United States and the State of California over the age of 21 years, and declare as follows, under penalty of perjury that the facts stated herein are true, correct and complete. The undersigned believes them to be true and admissible as evidence in a court of law, and if called upon as a witness, will testify as stated herein:
1.

That I have completed the required training to understand and use the Bloomberg financial software, to access publically recorded real estate documents and the Securities and Exchange Commission database. I have the requisite knowledge and the trained ability to navigate and perform effective searches on the on the Bloomberg terminal. I am a Certified Mortgage Securitization Auditor and my qualifications, expertise and experience provide me with the background necessary to certify the audit services and to be qualified as an expert in this field. I have produced Securitized Analysis Reports in residential real estate mortgage investigation. I have the trained skills and qualifications to navigate and perform searches on the Bloomberg terminal in regards to the automated tracking and determination of mortgage and loan related documents and information. The contents of this report are factual, but it is provided for information purposes only and is not to be construed as legal advice.1 On 7/14/2013, I researched the Bloomberg online Database at the request of Michael Hammer whose property address is 980 13th. Street, Arcata, CA 95221 Based on the information I was provided, Michael Hammer signed a Promissory Note in favor of CITIMORTGAGE, Inc.. on June 2, 2008. Loan was identified in the Citicorp Mortgages Securities Trust 2008-2, with the Master Servicer being CitiMortgage, the Sponsor / Seller being CitiMortgage Inc., a New York Corporation, and the Depositor being CitiMortage Securities Mortgages Inc, a Delaware Corporation. The basis of the identification of Loan in the Citicorp Mortgages Securities Trust 2008-2 was made from the following factors/information that exactly correspond with the mortgage loan documents provided:; Original Amount: $544,000.00; Origination Date: June 2, 2008; Location of Property: 980 13th. Street Arcata, California, 95221; Property Type: Single Family Residence; Occupancy: owner-occupied; Zip Code: 95221; Type Loan: Fixed, SFR; Payment status: foreclosure. Michael Hammers Note was split-apart or fractionalized, as separate accounting entries and deposited separately into Classes. Each Class is insured up to 30 times the face value of each Note Page | 31

2.

3.

4.

5.

6.

7.

8.

9.

therein, which is permissible under the Federal Reserve System.

10.

Pursuant to my extensive research, I have found the Loan in 15 Classes of the REMIC TRUST. Citicorp Mortgages Securities Trust 2008-2. These classes represent the sections that the Citicorp Mortgages Securities Trust 2008-2 are divided into. Individuals invest in these Classes based on heir desired maturities, yield, credit rating and other factors. The Citicorp Mortgages Securities Trust 2008-2 pays interest, usually monthly, to investors and principal payments are paid out in the order of the maturity and as specified in trust agreements. The Citicorp Mortgages Securities Trust 2008-2 has been divided into 15 classes and their CUSIP numbers, which is a nine (9) character alphanumeric code identifying any North American security for the purpose of facilitating clearing and settlement of trades. There are a total of 15 classes in the Citicorp Mortgages Securities Trust 2008-2. The loan is in 10 classes. 7 classes out of the 15 have been paid. The loan is in groups 0 (all collateral) and group 1 and 3. Generally, if the Deed of Trust and the Note are not together with the same entity, there can be no legal enforcement of the Note. The deed of trust enforces the Note and provides the capability for the lender to foreclose on the property. Thus, if the Deed of and the Note are separated, foreclosure legally cannot occur. The Note cannot be enforced by the Deed of Trust if each contains a different mortgagee/beneficiary; and, if the Deed of trust is not itself a legally enforceable instrument, there can be no valid foreclosure on the homeowners property. No Entity can be a CREDITOR if they do not hold/own the asset in question (i.e. the NOTE and/or the property); a Mortgage Pass Through Trust (i.e. R.E.M.I.C., as defined in Title 26, Subtitle A, Chapter 1, Subchapter M, Part II 850-862) cannot hold assets, for if they do, their tax exempt status is violated and the Trust itself is void ab initio. Therefore, either the Trust has either voided its intended Tax Free Status, or the asset is not in fact owned by it. In the event that the loan was sold, pooled and turned into a security, the alleged holder can no longer claim that it is a real party of interest, as the original lender has been paid in full. Further said, once the Note was converted into a stock, or stock equivalent, it is no longer a Note. If both the Note and the stock, or stock equivalent, exist at the same time, that is known as double dipping. Double dipping is a form of securities fraud. Once a loan has been securitized, which the aforementioned loan may have been done many times, it forever loses its security component (i.e., the Deed of Trust), and the right to foreclose through the Deed of Trust is forever lost. The Promissory Note has been converted into a stock as a permanent fixture. It is now a stock and governed as a stock under the rules and regulations of the SEC; hence, the requirement for the filings of the registration statements, pooling and servicing agreements, form 424B-5, et.al. There is no evidence on Record to indicate that the Deed of Trust was ever transferred concurrently with the purported legal transfer of the Note, such that the Deed of Trust and Note has been irrevocably separated, thus making a nullity out of the purported security in a property, as claimed (Federal Rules of Evidence Rules 901 & 902). Page | 32

11.

12. 13.

14.

15.

16.

17.

18.

19.

20.

Careful review and examination reveals that this was a securitized loan. The Assignment of Mortgage pretended to be an A to D transaction when in fact the foreclosing party was hiding the A to B, B to C, and C to D facts of true sales, where A is the original lender, B the sponsor/seller, C the bankruptcy-remote depositor, and D, the issuing mortgage-backed securities trust. They also hid the legal SEC filings, governing the transaction according to our findings. But to be controlled by those SEC filings, the true original loan Note and Mortgage had to be provided by the Document Custodian certified to have been in possession of them by them on or about June 28, 2008. Because it was not, the claim of ownership by the Trust cannot be substantiated and the loan servicing rights not established at law by agreement. I supply this report as written testimony and am available for oral testimony. Nancy Duffy McCarron

By:

Signed:

Name: Nancy Duffy McCarron Certified Mortgage Securitization Auditor / Bloomberg Specialist

Page | 33

EXHIBIT A

Recorded - Official Records Humboldt County, Callforda Carolyn Cmich, Recorder

Recording Requested By: CitiMortgrgo, Ina Return To:
CitiMottg~gq Ina A m Dooumcmt Pr @g
Recorded by FIRST AMERICAN TITLE MS CO.

2008-13612-16

Rec Fee 52.00 Clerk: LH Total: 5 2 00 Jun 2, 2008 at 14:15

P . O . Box 790021 St. Lou& MO 63179-0021

Prepared By: CitiMortg;ags,Inc. 7958 South Chatat Strsat Contcmnlal, CO 80112

[Space Above ThL Line For Recording Data]

@w*
DEFINITIONS

DEED OF TRUST

MIN

100011520054286192

Words used in multiple sections of this document are detlned below and other words are deflned in Sections 3, 11, 13, 18, 20 and 21. Certaln rules regardjng Ihe usage of words used in this document are also provided in Section 16.

(A) "Sew& Instrument" means this document, whlch is datedMay 28,2008 together with all Riders to thls document. ( B ) "Botrowarmis Micbiel Hamma, A Single Man

Borrower's address is 825988 Napoopw, C a p W Cook,HI 96704 . Borrower is the trustor under this Securlty [nstrument. (C) "Landerw Is CitiMortgge, Inc.
~

Lender Is a Corporation organized and existing under the laws of New York 002005428619
CAUFO~IA-Slngle Famlly-FmnleMaelFreddie Mac UNlFORh4 INSTRUMENT WITH M W Wolten Kluwer Flnenciel Services
VMP "*A(-)
POP.? O f 1 8 (07 11)

Form 3006 1/01

Lender's address Is 1000 Technology D r i v q 0' Flllan, MO 63368-2240

@) "Trusted is Vordugo Trustce SQvics Corporation

MERS Is a separate corporation that IS actlng solely as a nominee for Lender and Lender's successors and asslgns. MERS is the bacfie-y unda thb Sewity Instrumcmt. MERS is orgadzed and existlag under the laws of Delaware. and has an address and telephone number of P.O. Box 2026. FUnt. MI 48501-2026. tel. (888) 679-MERS. (P) "Notenmeam the promissory note slgned by Borrower and dated May 28, 2008 The Note states that Bormwer owes LenderFive Hundred Forty Four Thousand Dollan ) plus interest. Bormwer has promised to pay thls debt In regular Periodic (U.S. $544,000.00 Payments and to pay the debt in full not later than 06/01/2038 (O) "PrapsrtyF - - means the property that is described below under the heading "Transfer of Rights In the PGPerty." ( H ) "Lornnmeans the debt evidenced by the Note, plus Interest, any prepayment charges and late charges du6 under the Note. and all sums due uuder lhls Security Instrument, plus interest. (1) "RidaoE" means 1 Riders to thls Security lnslrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]:
@) "MERSa is Mortgage Elec(ronic Reglstratlon Systems, Inc.

0Balloon Rlder 0VA IUder

AdJustable Rate Rlder

Second Home Rlder CondomMum Rlder a Planned Unlt Development Rlder 0 1-4 Famlly Rider C] Biweekly Payment Rlder 0 Other(s1 lspecifyl Other@):

(J) "AppUorble La+ means all conmlhg applicable federal, state and local statutes, reguktions, ordinances and admlnlstrative rules and orders (thac have the effeel of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Asmddon Ducq Peas, and Assesansntr" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners associalon or slmllar organlzatlon. (L) "Electronic Fun& Transfar"means any transfer of funds, other than a transaction originated by check, draft, or sMlar paper Instrument. whlch i s tnltlated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order. Instruct, or authorize a financial InsUtution to debit s not IMted to, polnt-of-sale transfen, automated teller or c d t an account. Such term Includes, but I machine traasactions, transfers inltlated by telephone, wire transfers, and automated cleatlnghouse transfen. (M) "EsaowItsma" means those items that are descdbed In Sectlon 3. (N) " ~ s io s m ls o s l t Procssda" means any compensaUon. seltlement, award of damages, or proceeds paid by any thlrd party (other than insurance proceeds pald under the coverages descdbed In Section 5) for: (i) damage to, or destruction of, the Property: (ill condemnation or other taking of all or any part of the 1 1 1 ) conveyance In lieu of condemnation: or (iv) mlsrepresentatlons of, or omlssloas as to, the Property; ( value andlor condition of the Property. (0)"Mortgage Insurance" me& i&urance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Poriodio Paymentn means the regularly scheduled amount due for (I) principal and Interest under the Note, plus (11) any amounts under Section 3 of chls Security Instrument.
002005428619
CAUFORNIA-SingleFamily-Fannle MeelHeddk Mac UNIFORM INSTRUMM VMP@BA(CA) (0711) pap z 0l15

Form 3005

1/01

CItIMoflgage 3.2.13.21 V4

(Q) "RESPA"means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and Its lmplementlng regulation. Regulation X (24 C.F.R. Part 3500), as they mlght be amended from tlme to time, or any additional or successor legislation or regulation that governs the same subject matter. As used i n chls Securlty Instrument, "RESPA"refers to all requiremenls and restrictions that are imposed In regard to a "federally related mortgage loan" even If the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Succww in Interest of Barrowarmmeans any party that has taken tltle to the Property, whether or not that party has assumed Borrower's obllgatio~ls under the Note andlor this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

The benetlclary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successom and asslgns) and the successors and assigns of MERS. Thls Securlly Instnunent
secures to Lender: (I) tbe repayment of the Loan, and all renewals, extensions and modlflcations of the Note; and (it) the performance of Borrower's covenants and agreements under thls Secvlty lnstrument and the Note. For this purpose, Borrower Irrevocably grants and conveys to Trustee, In trust, with power of sale, the followtng described property located In the C-tY of Humboldt
[Type of Recording Jurlsdlctlonl

[Name of RecordingJurisdlctlon]

Tho h n r w r ' s Parcel Number (Ptopeaty Tax ID#) for the Real Property is 020-104-003-000. See Schedule A attached hereto and made a p u t thereof

Parcel ID Number: 020-104.003-000 980 13th Str& Atma ("Property Address"):

which currently has the address of lcttyl, Califomla 9M21-5562

ISmcll [zip Codel

TOGETHER WITH all the improvements now or hereafter erected on the properly, and all easements, a urtenances, and flxrures now or hereafter a part of the property. All replacements and additions s h # a h be covered by this Seoulf). Instrument. All of the foregoing is referred to in ihh Secwi Instrument as the "Property." Borrower understands and agrees that MERS holds only legal UUe to the nterests ted by Borrower In lhls Securlp Instrument, but, if necessary to comply wltb law or has the ri t: to e r a d r e my custom. MERS r n o m l n e e for Lender and Lender s successors and assl or all of those Interests. lncludln , but not Hmited to, the rlght to forec ose and sell tI ? e Property: and to take any acllon required of' Len%er including, Cut not limited to. releasing and uncellng thlr Swurlly Instrument. BORROWER COVENANTS that Borrower b lawfully selsed of the estate hereby conveyed and has the rlght to grant and convey the Property and that the Property is unencumbered, except for encumbrances 00200s4mi9

?'

CAUFOfflM-Single Famlty-F~nle MWheddb Mac UNIFORM INSTRUMEM WITH VMP * ~ A ( c A )107111 Pep. 3 ,,I 15 ~ n m a l . : . -

F m (Oo5 "01 ClllMorfgage 3.2.13.21 V4

Tltle Order Number. 1201-301966s

Fik Number:

1201-3019665

Exhlblt "A"
Real property In the City of Arcata, County of Humbotdt, State of Calfomla, described as follows:
BEGINNING at the Southwesterly comer of Block 272 of the City of Arcata, aao~ording to the Official Map of said Clty of Arcata, filed in the Recorder's Omce of Humboldt County, California, in Book 5 of Maps, page 81; running thence Northerly along J Street, 125 feet; thence Easterly parallel with Thirteenth Street, 117 feet; thence Southerly parallel with J Street, 125 feet to Thirteenth S W ; thence Westerly along Thirteenth Street, 117 feet to the point of beginning. APN: 020- 104-003-000

EXHIBIT B

Recorded Official Records Humboldt County, California Carolyn Cmich, Recorder

Recorded by TITLE COURT

2010-8587-2

Requested and Prepared by: CR Title Services, Inc.

Rec Fee 16.00 DA Fraud Fee 3 -00 Clerk: MM Total: 19 . 0 0 Apr 26, 2010 at 12:47

When Recorded Mail To: CR Title Services, Inc, 1000TECENOLOGY DRIVE MS 314

O'FALLON, MO 63368

APN: 020- 104-003-000

SPACE ABOVE THUl LLNE Poll RECORDER'S USE

TS No: T10-61183-CA

Order No: 4433857

ASSIGNMENT OF DEED OF TRUST

For Value Received, the undersigned corporation hereby grants,assigns, and transfers to:
CI7'IMORTGAGE INC. all beneficial interest under that certain Deed of Trust dated: 05-28-2008 executed by MICHAEL HAMMER, A SINGLE MAN, as Trustor(s), to VERDUGO TRUSTEE SERVICE CORPORATION,as Trustee, recorded 06-02-2008, as Instrument No. 200813612-16, in Book, Page, ,of Official Records,in the office of the County Recorder of HUMBOLDT County,CALIFORNLA together with the Promissory Note secured by said Deed of Trust and also all rights accrued or to accrue under said Deed of Trust.

Date: April 2 1,2010

"MERSH I S MORTGAGE ELECTRONIC REGISl'RATION

Assistant V i c e President State of AZ )ss County of PIMA) ss

On April 2 1,20 10 before me, Kristen B. Lindner Notary Public, personally appeared Lisa Markham, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is bue and correct.

WITNESS my hand and official seal.

NOTARY PUBLIC-ARIZONA

EXHIBIT C

~ ~ ~ ~ l ~ - fProperty o M ainformation x & Real Estate Public Records Research

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2012

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Voluntary Liens Report

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'Deposit

PROPERTY
Location Address: 980 13TH ST, ARCATA, CA 95521-5562.
Owner Name: CITIMORTGAGE M C CR

Left: $46.00 Expiration: 17-Apr-13

Reports Obtained

County: HUMBOLDT
APN: 020- 104-003000

Basic: Detailed: History: Voluntary Liens: Legal & Vesting: VP4 Valuation: Parcel Map: Document Images: Commercial Permits: Residential Permits:

1 SUMMARY OF RECORDS

Add to bly De~osit

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YP4 Valuation

Parcel %lap

Document I~nancs

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FIo~neInfoMax- Property Information & Real Estate Public Records Research

Page 2 of 9
i << Pur~hese ~ocument I -

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20080602 (Jun 2, 2008) 20031217 (Dec 17, 2003) 20030905 (Sep 5, 2003) 200305 14 (May 14, 2003)

FINANCE

000000013612

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FINANCE

000000049202

CC

purchase~ 0 c u G . 1

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FINANCE

000000034459

cc pwchase DOCU-

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FINANCE

000000017528

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000000004161

Record # 1: SALE Sale Recording Date: 201 10425 (Apr 25, 1201 1) Sale Date: 201 10420 (Apr 20,201 1) Sale Document No: 9005

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Sale
$449,900.00 Sale Type: UNKNOWN Sale Stamp Amount:%494.89 Ownership Transfer:
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Document Type: TRUSTEE'S DEED Grantor: CR TITLE SERVICES INC

Title Company: FlRST AMERICAN Transfer Document No:

C rantee: CITIMORTGAGE INC

Last Sale: N
lici~irn to summary ti~blt: -

Record # 2: FORECLOSURE Recording Date: 201 10331 (Mar 3 1. 201 1 )

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Trustee Sale No: TI 0-6 1 I 83

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Recording Document No: 000000006794 Trustee Name: CR TITLE SERVICES

INC

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Document Type: NOTICE OF TRUSTEE'S SALE Document Filing Date: 20 1 10329 (Mar 29,201 1)
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Trustee Phone No: 71 4573 1965

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Defendant 1: HAMMER MICHAEL Defendant 2: Defendant 3: Defendant 4:

Default Date: Default Amount:

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mortgage Amount: $544,000.00

Lender Name:

I Unpaid Balance: $661,859.14

1-Case NO:
Lis Pendens Type: Vesting: / / SMGLE MAN
Return fo ~ L I I T I I W ~table I-I:

I Plaintiff I:
I Plaintiff 2:
Original Recording Date: 20080602 (Jun 2, 2008)
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Original Document No: 0000000 136 12

Record # 3: FORECLOSURE Recording Date: 201 00727 (Jul27, 201 0)

Recording Document No: 0000000 15969 Document Type: NOTICE OF TRUSTEE'S SALE

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Trustee Sale No: T10-61183

Trustee Name: CR TITLE SERVICES INC

Trustee Phone No: 7145731965

TITLE INSURANCE

Lis Pendens Type:

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Vesting: / 1 SMGLE MAN ltctt~rn to stlmman t:rble

Original Document No: 00000001361 2

Record # 4: FORECLOSURE Recording Date: 201 00426 (Apr 26, 2010) Recording Document No: 000000008589 Trustee Sale No: TI 0-61 183 Trustee Name: CR TITLE SERVICES lNC

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Document Type: NOTICE OF DEFAULT Trustee Phone No:

Page 4 of 9

Document Filing Date: 20100421 (Apr 21,2010) Default Date: 20100420 (Apr 20,201 0)
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Title Company: TITLE COURT

1 Defendant 1: HAMMER MICHAEL

Defendant 2: Defendant 3: Defendant 4: Plaintiff 1: Plaintiff 2:

Default Amount: $64,333.47 Mortgage Amount: $544,000.00

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Lender Name: CITIMORTGAGE Unpaid Balance:

Case No:
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Lis Pendens Type:

ing: / / SINGLE MAN

Original Recording Date: 20080602 (Jun 2,2008) Original Document No: 0000000 13612

Return to sumniaw table

f c o r d # 5: ASSIGNMENT Recording Date: 201 00426 (Apr 26, 12010)

Borrower 1: HAMMER MICHAEL

I Recording Document No: 000000008587 1 Borrower 2:

Document Type: ASSIGNMENT OF MORTGAGE

Borrower Borrower 4: Original Recording Date: 20080602 (Jun 2,2008) Original Document No: 0000000 I36 12

New Lender: CITIMORTGAGE Previous Lender: MORTGAGE ELECTRONIC REGISTRATI Vesting: / / SINGLE MAN

Return - to suinrnaw table

Record # 6: RELEASE

Recording Date: 20080717 (111117,2008) Original Recording Date: 20030905 (Sep Recording Document No: 000000017355 Original Document No: 000000034459 Document Type: DEED OF RELEASE

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Record # 7: RELEASE Recording Date: 20080701 (Jul 1,2008) Original Recording Date: 20000228 (Feb 28.20001

Recording Document No: 0000000 16173 Original Document No: 000000004161 Document Type: DEED OF RELEASE
Ilctum to summan, table -

HomeInfoMax - Property Information & Real Estate Public Records Research

Record # 8: SALE Sr FlNANCE Sale Recording Date: 20080602 (Jun 2, 2008) Sale Date: 20080320 (Mar 20,2008) Sale Document No: 1361 1 Document Type: GRANT DEED
Sale Price: ~680,000~00

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Sale Type: FULL Sale Stamp Amount:$748.00 Ownership Transfer:

Grantor: PETERSON JERRY & JANICE Title Company: FIRST AMERICAN TlTLE RVSURANCE K

1 Grantee: HAMMER MICHAEL

Last Sale: Y

1 Transfer Document No:

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Mortgage Recording Date: 20080602 (Jun 2,2008) Mortgage Document No: 0000000 13612 Lender Name: ClTlMORTGAGE

Loan Amount: s544,OOO.O

Down Payment: Mortgage Rate Type: Mortgage Term: 30 YEARS Mortgage Rate Percent: Description: RESALE Title insurance Company:

1 Borrower I: HAMMER MICHAEL

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Borrower 2: Borrower 3: Borrower 4:

Vesting: 1 / SINGLE MAN Return to sunl~?iary table --

Record # 9: FINANCE

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Mortgage Recording Date: 2003 12 17 (Dec 17,2003)

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Loan Amount: $, 00,000~00
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Mortgage Document No: 000000049202 Lender Name: BANK OF AMERICA Borrower 1: PETERSON JERRY Borrower 2: PETERSON JANICE K Borrower 3: Borrower 4: Vesting: i I HUSBAKDIWIFE Retwn to suniniary table Mortgage Rate Type: FIXED RATE LOAN Mortgage Term: Mortgage Rate Percent: Description: REF1

Title Insurance Company: FIRST AMERICAN TITLE INSURANCE

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Record # 10: FINANCE Mortgage Recording Date: 20030905 (Sep 5,2003) Mortgage Document No: 000000034459
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Loan Amount: $201,500,00

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Down Payment:

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Lender Name: BANK OF AMERICA Borrower I: PETERSON JERRY Borrower 2: PETERSON JANICE K Borrower 3:
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Mortgage Rate Type: ADJUSTABLE INT RATE LOAN

mortgage Term: 30 YEARS

Mortgage Rate Percent: 4.750 Description: REF1

Borrower 4:
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Title Insurance Company: TITLE COURT

Vesting: i I
Retu~n to suniniar) table

Record # 11: FINANCE

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Mortgage Recording ,Date: 200305 14 (May 14,2003) Mortgage Document No: 00000001 7528 Lender Name: BANK OF AMERICA Borrower 1: PETERSON JERRY Borrower 2: PETERSON JANICE K

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Loan Amount: $50,000.00

Mortgage Rate Type: FIXED RATE LOAN Mortgage Term: Mortgage Rate Percent:

f Borrower 3:

I Description: REF1

Borrower 4:

Title insurance Company: FIRST AMERICAN TITLE INSURANCE

Vesting: I I HUSBANDIWIFE
lictum lo summarv tithle

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Record # 12: FINANCE Mortgage Recording Date: 20000228

(Feb 28,2000)

Loan Amount: $50,000.00

Down Payment: Mortgage Rate Type: ADJUSTABLE ,NT RATE LOAN Mortgage Term: Mortgage Rate Percent: Description: REF1

Mortgage Document No: 000000004161

Lender Name: BANK O F AMERICA

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Borrower I: PETERSON JERRY Borrower 2: JANICE K Borrower 3:

Borrower 4: Vesting: EU / I HUSBAND/WIFE

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rdingDate: \998083\

Title Insurance Company: FIRST AMERICAN TITLE I

Record # 13: FINANCE

HomeInfoMax - Property Infonnation & Real Estate Public Records Research

Mortgage Document No: 22498-7 Down Payment:

Page 7 of 9

Lender Name: BANK OF AMERICA Borrower 1: PETERSON JERRY Borrower 2: PETERSON JANICE K Borrower 3:

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Mortgage Rate Type: FIXED RATE LOAN

mortgage Term: 30 YEARS

mortgage Rate Percent:

Description: REF1 Title Insurance Company:

Borrower 4: Vesting: 11 HUSBANDIWIFE

Keturn to summan. titblc

Record # 14: SALE & FINANCE

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ISale Type: I
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Sale Stamp Amount: Ownership Transfer: Y

1 Sale Date:
Sale Document No: 4590

Sale Recording Date: 19960223 (Feb 23, 1996)

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Document Type: DEED (REG)

1 Grantor: PETERSON JERRY & JANICE I Title Company:

Grantee: PETERSON JERRY & PETERSON JANICE K

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Transfer Document No:

Last Sale: N

Mortgage Recording Date: 19960223 (Feb 23, 1996) Mortgage Document No: 4591 -7 Lender Name: BANK OF AMERICA Borrower 1: PETERSON JERRY Borrower 2: PETERSON JANICE K Borrower 3: Borrower 4: Vesting: / J O N T TENANTS /
licturn to summery t
a ~

Loan Amount: $189,000,00

Down Payment: Mortgage Rate Type: Mortgage Term:

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1
-

Mortgage Rate Percent: Description: NOMINAL Title Insurance Company:

Record # 15: SALE Sr FlNAKCE Sale Recording Date: 19940712 (Jul 12, 1994) Sale Date: Sale Document No: 195 1 1-2 Document Type: GRANT DEED Grantor: FORD-PETERSON JERRY E

Price: S82,500,00
Sale Type: FULL Sale Stamp Amount:$90.75 Ownership Transfer: Title Company: EUREKA TITLE CO

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1 Grantee:

PETERSON JERRY

1 Transfer Document No:

Last Sale: N

mortgage Recording Date: 199407 12 (Jul 12, 1994)

Mortgage Document No:

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Loan Amount: $, 5,000.00

Down Payment: Mortgage Rate Type: ADJUSTABLE INT RATE LOAN Mortgage Term: Mortgage Rate Percent: Description: RESALE

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Lender Name: Borrower 1: PETERSON JERRY Borrower 2: Borrower 3:

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Borrower 4:

Title Insurance Company:

I Vesting: EA / / MARRIED MAN

Return to s u n m a w a t m

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I Record # 16: FINANCE

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Mortgage Recording Date: 19921229 (Dec 29, 1 992)

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Loan Amount: $, 57,000~00

Down Payment: Mortgage Rate Type: ADJUSTABLE INT RATE LOAN
Mortgage Term:
Mortgage Rate Percent: 4.620

Mortgage Document No: 37305- 10 Lender Name: BANK O F AMERICA Borrower 1: FORD-PETERSON JERRY E Borrower 2: FORD-PETERSON JANE C Borrower 3:

Description: REF1

Borrower 4: Vesting: EU / / HUSBAND/WIFE

Title Insurance Company: EUREKA TITLE C O

Return to surntna1-v table

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