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1 Your Name Here, pro per

12345 E. Whatever Dr.


2 Scottsdale, Arizona 85000
(602) 000-0000
3 <jyouremail@email.com>
4 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
5
IN AND FOR THE COUNTY OF MARICOPA

6 Your Name Here, pro per ) Case no:


Plaintiff,
7 Vs. )
)
8 BANK OF AMERICA, N.A., ) REPLEVIN IN DETINET
9 BAC HOME LOANS SERVICING, )
LP, ) PLAINTIFF’S MOTION,
10 )
RECON TRUST COMPANY, N.A., “in the nature of a writ of right,”
11 )
HOMECOMINGS FINANCIAL, ) TO SEQUESTER
12 LLC (F/K/A HOMECOMINGS )
FINANCIAL NETWORK, INC.), THE GENUINE ORIGINAL
13 )
COUNTRYWIDE HOME LOANS, ) ADJUSTABLE RATE NOTE
14 INC., )
UNTIL FINAL ADJUDICATION
15 MORTGAGE ELECTRONIC )
REGISTRATION SYSTEMS, INC., ) OF THIS MATTER
16 )
JOHN DOES (Investors) 1-10,000,
17 )
BLACK AND WHITE ) Assigned to Honorable
18 CORPORATIONS 1-100, )
19 JANE DOES 1-100,
20 JOHN DOES 1-100,
21 et al.,
Defendants.
22
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COMES NOW, Your Name Here, pro per, Plaintiff “Your Name Here”, for
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this Replevin in Detinet to have this Court Sequester the Genuine Original
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ADJUSTABLE RATE NOTE that Homecomings Financial, LLC [f/k/a/
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Homecomings Financial Network, Inc.] (“Homecomings”) acquired in a currency
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exchange with Your Name Here for the real property.
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Your Name Here Moves this Court to order, in the nature of a writ of right,
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that the Genuine Original ADJUSTABLE RATE NOTE be sequestered and held by
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this Court until such time as this Court adjudicates this matter; and if this Court
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rules in favor of Defendants, thus allowing Defendants to foreclose on Your Name
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Here’s real property, then said Genuine Original ADJUSTABLE RATE NOTE
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shall be cancelled and returned to Your Name Here or held by this Court; and if this
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Court rules in favor of Your Name Here then this Court shall return the Genuine
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Original ADJUSTABLE RATE NOTE to Defendants.
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Defendant Bank of America, N.A. is attempting to confiscate Your Name
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Here’s real property through a fraudulent non-judicial foreclosure procedure based
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on the felonious acts of filing numerous false and/or forged documents in an
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Arizona public office by Defendants.
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If Bank of America, N.A. is successful in the foreclosure proceedings against
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Your Name Here, Bank of America, N.A.’s use of felonious acts notwithstanding,
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then Bank of America, N.A. has voluntarily relinquished all rights to possession of
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the Genuine Original ADJUSTABLE RATE NOTE.
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See: JAMES F. JOHNSTON and SANDRA JOHNSTON, Appellants,
18 v. JEANNE HUDLETT, Appellee. No. 4D08-4636 [March 31, 2010]
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA,
19 FOURTH DISTRICT, January Term 2010 “Moreover, in the case of
original mortgages and Promissory notes, they are not merely exhibits
20 but instruments which must be surrendered prior to the issuance of a
judgment. The judgment takes the place of the Promissory note.
21 Surrendering the note is essential so that it cannot thereafter be
negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726
22 (Fla. 5th DCA 2004). The judgment cancels the note.”
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24 This Motion is supported by the laws and Constitution of Arizona, the prior
25 rulings of courts, the docket of this case, each of which are incorporated by this
26 reference as if fully set forth, and for each of which Your Name Here asks this
27 Court to take judicial notice thereof. This Motion is further supported the
28 accompanying Memorandum of Points and Authorities.
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2 MEMORANDUM OF POINTS AND AUTHORITIES

3 1. Your Name Here has filed this Replevin in Detinet contemporaneously

4 with Your Name Here’s Complaint as an action to invoke Your Name Here’s Rights

5 protected pursuant to Arizona Law and Arizona’s Constitution, especially Your

6 Name Here’s Due Process of Law and Property Rights.

7 2. Your Name Here states her right to claim pursuant to, inter alia, A.R.S.

8 § 33-807(B) that Bank of America, N.A. may not sell Your Name Here’s real

9 property until this action is concluded. The sale of Your Name Here’s real property

10 is relative to the transfer of the Genuine Original ADJUSTABLE RATE NOTE,

11 which is currently pendente lite and therefor Bank of America, N.A. may be justly

12 barred from selling Your Name Here’s real property until all matters concerning the

13 Genuine Original ADJUSTABLE RATE NOTE are settled and/or dismissed by this

14 Court.

15 4. Your Name Here has the substantial right to have this Court sequester

16 the Genuine Original ADJUSTABLE RATE NOTE until Bank of America, N.A. is

17 allowed to foreclose on Your Name Here’s real Property; notwithstanding said

18 foreclosure being lawful or not.

19 5. In fact, this Court should sequester the Genuine Original

20 ADJUSTABLE RATE NOTE as the Genuine Original ADJUSTABLE RATE

21 NOTE is a pertinent issue in this case and any adjudication of this matter may be

22 unenforceable and/or invalid if the Genuine Original ADJUSTABLE RATE NOTE

23 is somehow destroyed, transferred and/or lost.

24 6. It is incumbent on this Court to protect the interests of all parties and

25 said interest is reliant on the Genuine Original ADJUSTABLE RATE NOTE being

26 in good condition and not altered in any way by any party during this case.

27 7. Pursuant to Perry v. Fairbanks, Id., this Court may be required to

28 immediately cancel and hold said Genuine Original ADJUSTABLE RATE NOTE if
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the foreclosure does proceed in accordance with any possible future ruling of this
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Court.
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8. Sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
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in no way similar to any so called “show me the note” theories as espoused on the
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internet as Plaintiff is not requesting to “see” the Genuine Original ADJUSTABLE
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RATE NOTE, Plaintiff is ONLY requesting that this Court protect Plaintiff’s due
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process of law rights to have the property of interest in this matter be protected by
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this Court.
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9. Your Name Here states on and for this Court’s record that Your Name
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Here is in fact the TRUE OWNER of the real property in question, and that any
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claim of legal ownership by any party is unsubstantiated; and substantiation
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notwithstanding, TRUE OWNERSHIP is a higher Right than legal ownership in
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ALL matters pursuant to Keech v. Stanford 1726, which has never been abrogated
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and/or abolished and/or altered by any court in this nation.
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10. Your Name Here also invokes Your Name Here’s right to replevin
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action pursuant to, inter alia, A.R.S. §§ 47-2711(2)(b); and 2716(3).
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11. The lawfulness and or fraudulent nature of the non-judicial foreclosure
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proceeding withstanding or notwithstanding; once Bank of America, N.A. attempts
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to take possession of the real property in question, Bank of America, N.A. may be
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required by the laws of Arizona, especially and specifically, inter alia, A.R.S. § 47-
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3501, and others, to return the Genuine Original ADJUSTABLE RATE NOTE
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relating to the real property to Your Name Here immediately after the foreclosure or
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the foreclosure may not be considered lawfully consummated.
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12. Accordingly, Your Name Here hereby moves this Court to sequester
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the Genuine Original ADJUSTABLE RATE NOTE until this case is adjudicated;
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and after said adjudication return and/or cancel the Genuine Original
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ADJUSTABLE RATE NOTE pursuant to this Court’s decision.
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13. Your Name Here’s fear that the Genuine Original ADJUSTABLE
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RATE NOTE may be somehow transferred and/or sold and/or otherwise held by an
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improper party are sufficient grounds for her request for sequestration as Your
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Name Here has provided sufficient evidence to this Court that Defendants, jointly
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and/or separately, alter, falsify and/or forge documents and record such documents
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into a public office.
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14. Sequestration of the Genuine Original ADJUSTABLE RATE NOTE in
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no way harm’s any Defendant.
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15. The ONLY possible harm that may come to Defendants from this
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Court’s ruling to sequester the Genuine Original ADJUSTABLE RATE NOTE is if
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the Defendants are not in possession of the Genuine Original ADJUSTABLE RATE
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NOTE and therefore cannot avail the Genuine Original ADJUSTABLE RATE
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NOTE for sequestration.
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16. The possibility of harm to Your Name Here for refusal of this Court to
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order the sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
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immeasurable.
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17. Your Name Here may be unlawfully sued by a future party that
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somehow garners possession of the Genuine Original ADJUSTABLE RATE NOTE
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through lawful and/or unlawful means.
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18. Your Name Here may be forced to again pay for the Genuine Original
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ADJUSTABLE RATE NOTE if another party claims to be in possession of the
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Genuine Original ADJUSTABLE RATE NOTE.
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19. Accordingly, Your Name Here also moves this Court to sequester all
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copies, certified or not, of the Genuine Original ADJUSTABLE RATE NOTE in
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this action.
26 20. Factual events pertaining to this matter:
27 a. Homecomings traded Your Name Here the real property for the

28 Genuine Original ADJUSTABLE RATE NOTE.


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b. Bank of America, N.A. is attempting to take possession of the
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real property from Your Name Here pursuant to rights Bank of
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America, N.A. claims they acquired when they purportedly acquired
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the Genuine Original ADJUSTABLE RATE NOTE;
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c. If successful, Bank of America, N.A. MUST by law then cancel
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the Genuine Original ADJUSTABLE RATE NOTE and relinquish
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possession of such to this Court.
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d. Bank of America, N.A. cannot by law be allowed to be in
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possession of both the real property and the Genuine Original
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ADJUSTABLE RATE NOTE, such is also inclusive of all copies,
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certified or not, of the Genuine Original ADJUSTABLE RATE NOTE;
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e. Your Name Here cannot by law be stripped of all rights and
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possession of the real property while the Genuine Original
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ADJUSTABLE RATE NOTE is in the possession of Bank of America,
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N.A.;
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f. The law of equity requires that neither party have both the
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Genuine Original ADJUSTABLE RATE NOTE and the real property;
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g. As stated in Your Name Here’s Complaint filed
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contemporaneously with this motion, many of the Defendants filed
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false and/or forged documents in a public office in Arizona, each filing
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being a felony under Arizona law;
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h. The foreclosure of the real property is not fully ‘completed’ nor
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‘perfected’ nor consummated in accordance with Arizona law until
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such time as the Genuine Original ADJUSTABLE RATE NOTE is
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cancelled by this Court.
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i. Defendants and/or other parties may currently be in unlawful
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possession of the Genuine Original ADJUSTABLE RATE NOTE and
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copies thereof, certified or not;
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j. Your Name Here is currently in possession of the real property
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as the True owner, which is one aspect in relation to Homecomings and
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Your Name Here’s currency transaction;
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k. There is no basis in law for either party in a “currency exchange”
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and/or other transaction to achieve possession of all items in the
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transaction even after default of a party;
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m. There is no factual evidence that Your Name Here ever defaulted
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on Homecomings, their successor or assigns, and Your Name Here’s
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transaction.
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For the foregoing reasons and in the interest of justice and equity, Your
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Name Here moves this Court to sequester the Genuine Original ADJUSTABLE
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RATE NOTE and all copies thereof until final adjudication of this mater.
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VERIFIED STATEMENT
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The undersigned Plaintiff, Your Name Here, pro per, a woman, and a
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civilian, hereinafter “Plaintiff”, does solemnly declare and state as follows:
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1. Plaintiff is competent to state the matters set forth herein.
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2. Plaintiff has knowledge of the facts stated herein.
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3. All the facts herein are true, correct and complete, not misleading, to
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the best of Plaintiffs knowledge and belief, and admissible as evidence, and if called
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upon as a witness, Plaintiff will testify to their veracity.
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DATED: the 27th day of September, in the year of Our Lord, 2010
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28 BY: ____________________________, agent
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1 Your Name Here, pro per
2
Signed reserving all my rights at A.R.S. § 47-1308

3
4 CERTIFICATE OF SERVICE

5
ORIGINAL and ONE COPY delivered to THE SUPERIOR COURT OF
6 THE STATE OF ARIZONA COUNTY OF MARICOPA, this 27th day of September, 2010.
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I HEREBY CERTIFY that a true and correct copy of the above REPLEVIN has been
8 furnished by certified U.S. Mail on this 27th day of September, 2010 to:

9 Certified mail return receipt #


BANK OF AMERICA, N.A.
10 c/o C T CORPORATION SYSTEM
11 2394 EAST CAMELBACK ROAD
PHOENIX, AZ 85016
12
Certified mail return receipt #
13 BAC HOME LOANS SERVICING, LP
c/o C T CORPORATION SYSTEM
14 2394 EAST CAMELBACK ROAD
15 PHOENIX, AZ 85016

16 Certified mail return receipt #


RECON TRUST COMPANY, N.A.,
17 a wholly-owned subsidiary of BANK OF AMERICA, N.A.
2380 PERFORMANCE DR.
18
RICHARDSON, TX 75082
19
Certified mail return receipt #
20 COUNTRYWIDE HOME LOANS, INC.
c/o C T CORPORATION SYSTEM
21 2394 EAST CAMELBACK ROAD
PHOENIX, AZ 85016
22
23 Certified mail return receipt #
MORTGAGE ELECTRONIC REGISTRATION
24 SYSTEMS, INC.
1818 LIBRARY STREET SUITE 300
25 RESTON, VA 20190
26
Certified mail return receipt #
27 HOMECOMINGS FINANCIAL, LLC
(f/k/a/ HOMECOMINGS FINANCIAL NETWORK, INC.)
28 2338 W. ROYAL PALM ROAD SUITE J
8
1 PHOENIX, AZ 85021

2 BY: ____________________________, agent


Your Name Here, pro per
3 Signed reserving all my rights at A.R.S. § 47-1308
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