SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA

Christy Edward;
Plaintiff
CIVIL ACTION
v
FILE NO: ___________________
BAC HOME LOAN SERVICING LP;
Defendants

AFFIDAVIT OF PROBABLE CAUSE AND/OR FRAUD UPON COURT

COMES NOW, Plaintiff Christy Edward In the above styled action, who under the
pains and penalty of perjury does depose and say that:

1. Plaintiff executed a Security Deed for the property located at 2449, Wynsley Way
Tucker GA-30084 in favor of non party CTX Mortgage Company LLC., on or about
February 27th 2007. And without any legal knowledge or explanation appointed
MERS as a nominee for CTX mortgage company.

2. Said deed was duly recorded as: Deed: Book No. 19714 Pages 412 Recorded:
March 2, 2007 involving the property specifically addressed and identified as 2449
Wynsley Way Tucker, Ga. 300844, with a legal description as follows:
All that tract or parcel of land situate lying and being in Land Lot 224 of the 18th
District of Dekalb County, Georgia, being Lot 14, Block A of Wynsley Park
Subdivision, as shown on that certain plat of survey titled “Wynsley Park”, for Centex
Homes, dated January 26, 2006 and recorded at the Plat Book 160, page 104, Revised
at Plat Book 173, page 60, Dekalb County, Georgia records, Said Plat Being
incorporated herein by reference.

3. The Original loan number associated with the above referenced Security Deed
is 400061956.
4. At a unknown date and without the plaintiff’s knowledge during the March
2007, non- party CTX mortgage Company Sold ONLY the note to Countrywide Bank
N.A., without recourse and did not assign the Security instrument that attaches the
above said property to the NOTE. At this time The Note and The Security Instrument
were bifurcated, severing the binding between the NOTE & the SECURITY DEED.
5. Based on present knowledge, facts, investigation, witness information and likely
to have further proof during discovery, On or About the month of May 2007
Countrywide Bank N.A pledged, hypothecated, and/or assigned the promissory note
as collateral security to an unknown entity, foreign trust, later found out as CWABS:
Asset backed Securities 2007-8 through the www.sec.gov website.
$1,264,900,100
(Approximate)
CWABS, Inc.
Depositor
Countrywide Home Loans
Sponsor and Seller
Countrywide Home Loans Servicing LP
Master Servicer
CWABS Asset-Backed Certificates Trust 2007-8
Issuing Entity
Asset-Backed Certificates, Series 2007-8
http://www.sec.gov/Archives/edgar/data/1021913/000114420407030120/v077325_424b5.htm
The defendant BAC is not listed as a SERVICER nor the CREDITOR in the Pooling
and servicing agreement filed with sec.gov.
6. Through Further Research and discovery the Plaintiff found that the Note has
been securitized and is in the pool with several other MOB’s under CWABS Asset-
Backed Certificates Trust 2007-8. and Bank of New York Melon F.K.A Bank of New
York was appointed as the Trustee for the asset backed CERTIFICATES.
7. About this time the Original Loan Number was changed from 400061956 to
159515128 and the Plaintiff started making payments to BAC Home Loan servicing LP.
8. On or About May 10, 2010 an assignment of the SECURITY DEED was filed
with the clerk of court by Mortgage Electronic Registration System inc (Herein after
MERS). The assignment was signed by Andrew Shuping Jr in the capacity of Vice
President of MERS. The plaintiff came to know that Andrew Shuping Jr is an
Attorney for the Defendant and is not an EMPLOYEE of MERS. Further the Plaintiff
found that the signature of Andrew Shuping Jr in the assignment is not consistent with
the other signatures found in the communication between Shuping Morse & Ross
LLP., and the plaintiff.
9. Further Research and discovery the Plaintiff found that MERS does not have
any employees. Also based on MERS Terms and conditions
 Article 2: MERS can soley operate in an administrative capacity as a nominee...
 Article 6: MERS and the Member agree that: (i) the MERS® System is not a
vehicle for creating or transferring beneficial interests in mortgage loans…
10. Also the Assignment had the State of Georgia Corporate Seal. Upon basic
discovery with the Secretary of State, The Plaintiff came to know that MERS
dissolved the corporation in the State of Georgia as of June 4, 2008. And was not a
legal GA Corporation as of May 10, 2010.
11. Based on paragraphs 9 & 10. The Assignment filed by MERS is FRAUD, and
FORGERY.
12. On March 2, 2011. The Plaintiff requested BAC through their Automated
System(only possible way) to send her the Total Pay off Amount as of March 16,2011
(the system would not let us choose a more later date). The plaintiff did not receive
any correspondence from BAC in this regards. Further the Plaintiff contacted BAC’s
Customer service and requested for a Pay off and was Denied. Finally the Plaintiff
sent a Fax requesting a pay off on March 6, 2011 and received a re-instatement
Calculation statement Dated March 9,2011.
13. On or about March 8,2011 the plaintiff sent a Qualified written request to BAC
& the Defendant’s Attorney through Certified Mail.
14. Based on the above basic discoveries the plaintiff filed a Revocation of Power
Of Attorney with the Clerk Of Superior Court of Dekalb county on March 14, 2011,
to remove herself from the fraud and any illegal activity involving the purported note
or Security deed that is being committed against the Court, State and the United state
of America.
15. The plaintiff received a Total Payoff statement from the Defendants Attorney On
March 23, 2011 with a Payoff date of March 31, 2011($305,412.05). The plaintiff also
received a Total Payoff amount from the BAC On March 28 , 2011 with a Payoff date
of March 30, 2011 ($305,301.00). At the Daily interest rate of $51.06 as mentioned in
the payoff statement, the plaintiff is skeptical how the pay off can be approximately
$100.00 more.
16. The Plaintiff Sent a Notice & intent to Tender to BAC at the address mentioned
in the Payoff letter on March 24, 2011 stating the tender will take place at the
Property on March 30,2011 at 9:00 AM. BAC nor their representative nor The
Attorney came in for the Tender exchange meeting.
17. Plaintiff requested BAC several times during the Loan modification process to
give her a chance to contact the Lender, and was told that there is NO LENDER but
only INVESTOR and she cannot contact them but will only talk to the SERVICER.
Thus the plaintiff has been denied actual knowledge in violation of state, federal
statutes, and FDCPA and RESPA, of the holder of the note at present, and failure to
disclose to Plaintiff whether or not BAC is the REAL PARTY OF INTEREST or
THE HOLDER IN DUE COURSE.
18. The Defendants knowingly, willingly, and repeatedly acted in bad faith, and
with blatant disregard of Plaintiff’s property Rights, Federal Law and Georgia Statutes
in an attempt to perpetrate a fraud, and wrongfully foreclose upon subject real
property.
19. The Plaintiff received copies of the original Note (as stated by the Defendant &
their Attorney) on two different occasions. One through the Attorney of the defendant
and one through the defendant. They are different and they don’t have the same
content.
20 Defendants have executed a Notice of Default and Notice of Sale under Power,
without proving that they are the REAL PARTY IN INTEREST or THE HOLDER
IN DUE COURSE to foreclose on the said property as required by Georgia law.
21. To the best of Plaintiff’s knowledge and belief, based on the truth stated
above in paragraphs 1 – 21, The defendant is not the REAL SECURED PARTY
IN INTEREST and is trying to do a wrongful and illegal foreclosure of the
plaintiff’s property.
22. The date of sale is set for July 5, 2011; without intervention from this Court,
Plaintiff’s property will be illegally sold that day .
23. These Defendants knowingly, willingly, wantonly, fraudulently and illegally
continued to pursue the Sale under Power in direct violation of the Fair Debt
Collection Practices Act, § 809(b):
24. These Defendants have knowingly, willingly, wantonly, fraudulently and
illegally continued to pursue the Sale under Power in direct violation of The Real
Estate Settlement Procedures Act.
25. Although requests for information has been repeatedly made, and an offer to pa
was made, Plaintiff has never been supplied with proper evidence that BAC is still in
fact the legal holder of the mortgage.
26. Defendants’ attempt to foreclose upon the subject residential property violates
OCGA § 44-14-162(b).
“The security instrument or assignment thereof vesting the secured
creditor with title to the security instrument shall be filed prior to the
time of sale in the office of the clerk of the superior court of the county
in which the real property is located.”
27. The mortgage note and the Security deed has been bifurcated and the chain of
title has been lost.
28. To Plaintiff’s knowledge and belief, there is no Note on the Official Record to
secure the above referenced Security Deed.
29. Allowing the Sale under Power to be completed, would not only expose
Plaintiff to potentially ruinous financial liability, but would also be a direct
violation of The Standing Clause, and numerous Constitutional guarantees
concerning property.
 That all of the statements made by Plaintiff in the attached Affidavit of
Probable Cause, are made under the pains and penalties of perjury, are made of my
own personal knowledge and are true, except those statements which are made upon
information and belief, which the Plaintiff believes to be true and does hereby make
offer of proof.

Dated: 03/31/2011

____________________________________
Christy Edward, Plaintiff
2449 Wynsley Way,
Tucker GA – 30084

The above signed Christy Edward, did appear before me and did then and there
affix his signature to the attached AFFIDAVIT OF PROBABLE CAUSE.

____________________________, Notary for the State of ___________________.

My commission expires on _______________, 20 _____________.