I

2
3

ANDREWC.BAIILEY 2500 N. Page Springs Rd

Corriville, email:

FILED
AUL

AZ 86325

" tj

0 ZB10

928 634-4335

andrew@cameronbaxter.net

_W9

4
5 6

PI
U,

04P

Setf-Represented

Litigant
IN THE UNITED STATES BANKRUPTCY

COURT

FOR TUE DISTRICT

8 9

OF ARIZONA

ANDREW C. BAI]LEY
10
11

Plaintiff.
V

Chapter BK Case AP Case

11

2:09-bk-06979-PHX-RTBP 2:09-ap__QI728-SSC

12

13

14

15

16 17
18

THE BANK OF NEW YORK MELLON, as trustee of the CWALT, INC. ALTERNATIVE LOANTRUST 2007-HY4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HY4; BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, Lp; COUNTRYWIDE BANy,
FSB; MORTGAGE

FOURTHAMENDEDCOMPLAINT
TO DETERMINE T111E VAUIDITY, PRIORITY OR EXTENT OF A LIEN OR OTIIER INTEREST IN REAL PROPERTY AND PETITION FOR INJUNCFIVERELIEF.

19

ELECTRONIC REGISTRATIONS SYSTEMS INC; AND JOHN DOES I -IO inclusive,

20
21

Defendant/s.
COMES NOW the Debtor/Plaintiff, Amended restraining Complaint

Re: Real Property located at: 2560 N. Page Springs Rd, Cornville, AZ 86325 Bailey, and hereby submits his Fourth

Andrew

C.

22
23

as set forth below. Additionally Injunction

Plaintiff moves for a temporary

Defendants from conducting a
to this Court that

order and a preliminary

enjoining

24 25

Trustee's Sale unless and until such time that Defendants

can establish

and they are qualified to act and exercise the powers and remedies of the Trustee

Beneficiary
2
3

pursuant to AR.S.

33-801 et seq.

Plaintiff alleges
4
5
1.

as

follows:

This Court hasjurisdiction

I I

over this matter pursuant to 28 U.S.C. and Rule 700

1,

1334-

11

U.S.C.

6 7
8 9 10 I
1

506(a);
is a 2.

U. S.C.

I I 23(b)(5);

et seq. Rules

of Bankruptcy Procedure.
157(b)(2)(B)

This

core proceeding

pursuant to 28 U.S.C. 157(b)(2)(A),

and 157(b)(2)(K).

Venue is proper in this Court pursuant to 28 U.S.C. 1408 and 1409.

BACKGROUND

MATERIAL

FACTS

12

3.

Plaintiff

is a

resident of the State of Arizona living in and otherwise

using and

13

occupying
14

his home located at 2560 N. Page Springs Rd, Corriville,

AZ 86325 (the

"Property").

15

16 17
18

4.

Defendant BAC HOME LOANS SERVICING,

LP, F/K/A COUNTRYWIDE

HOME organized in

LOANS SERVICING,

LP, is and was, at all times material hereto, a corporation in the State

the State of Texas and doing business

of Arizona.

19

20
21

5.

Defendant

COUNTRYWIDE

BANK FSB, a defunct entity, is and was, at all times

material hereto, the "originator"

of the "subject loan". COUNTRYWIDE

BANK FSI3

22
23

ceased to exist on or about July 2, 2008.

24 25

6.

Defendant COUNTRYWIDE

HOME LOANS, INC A/K/A COUNTRYWIDE

HOME

LOANS SERVICING,

LP, a defunct entity, is and was, at all times material hereto, the

servicer'
2

of the "subject loan". COUNTRYWIDE

HOME LOANS SERVICING,

HOME LOANS, INC A/K/A

LP ceased to exist on or about July 2,2008.

COUNTRYWIDE
3

4
7. 5
.

all Defendant THE BANK OF NEW YORK MELLON (BONY MELLON) is and was, at

times material hereto, a corporation

6

organized

in the State

of New York and doing

business
7 8 8. 9 10

in the State

of Arizona.

Defendant MORTGAGE

ELECTRONIC

REGISTRATIONS organized

SYSTEMS, INC. (MERS) is

in the State

and was, at all times material hereto, a corporation doing business

in the State

of Delaware and

of Arizona.

12

9.
13

Defendant CWALT, INC. ALTERNATIVE CERTIFICATES, organized

SERIES

LOAN TRUST 2007-HY4 MORTGAGE 2007-HY4 is and was, at all times material

PASS-THROUGH
14

hereto, a corporation
15

in the State

of California and doing business in the State

of Arizona.
16
17
1

0.

Defendants

JOHN DOE

I0

are undisclosed, conduits,

unnamed

and unknown

investors,

participants, corporate
19

or other entities,

trustees, servicers,

custodians and

others in a securitization unknown parties.

scheme that involved the Defendants

and other known and

20
21

22
1

1.

The term "Defendanf' collectively

shall hearinafter

refer to each and all of the above-named

23

defendants
24 25
12.

and individually.

ALTERNATIVE

LOAN TRUST 2007-HY4 MORTGAGE

PASS-THROUGH

CERTIFICATES,
2
3

SERIES 2007-HY4

is a

mortgage-backed

securities trust that allegedly and Servicing

includes Plaintiff s "loan". The trust is governed dated May

1,

by a Pooling

Agreement

2007.

4
5

13.

On April 8th, 2009 three of Plaintiff s unsecured

7

creditors filed an involuntary

I I

petition

6
7

against the Plaintiff for relief under Chapter

,

of title

of the United States Code (the

.'Bankruptcy

Code").

8 9

14.
10

On May 28th, 2009 (the "Petition Date") this Court entered an order granting Plaintiff s
I

motion to convert to Chapterl

11

thereby commencing

the above-captioned

lead case.

12

15.
13

On December

23, 2009,

Plaintiff filed the instant adversary proceeding.

14

16.
15

Plaintiff

is

the owner of certain real property located at 2560 North Page Springs Rd,

Comville,
16

Arizona (the "Property").

17

17.
18

The Property is the Plaintiff s principal place of residence;

additionally

the Property

is

used as part of a bed and breakfast / retreat center business property at 2500 N. Page Springs Rd.

along with the contiguous

19

20
21

18. 22
23

On or about March 29, 2007 Plaintiff executed a Promissory Bank, F. S.B. ("Countrywide")

Note in favor of

Countrywide residence.

secured by a Deed of Trust on Plaintiff s Bank, F.S.B. as

The Promissory

Note and the Deed of Trust name Countrywide

24
25

the "Lender".

19.
2 3

The Deed of Trust names MERS as "the beneficiary

under this security

The Doc ID# is 00016499918403007.

The MERS ID4 (MIN#) is 1001337-0002066505-8.

4
5

20. The Trustee under the Deed

of Trust

is

Fidelity National

Title Insurance

Co, an

Arizona corporation.
6
7 8 9 10

21. It is not known at this time what consideration

if any was paid by any of Defendants

to

obtain the alleged ownership

of the Note and Deed of Trust.

22. On or about September

II
12

2, 2009 BAC Home Loans Servicing,

LP (BAC) filed a proof

of

claim (POC) (Claims Register document 6- 1), claiming to be owed $486,401.44 Note secured by the Deed of Trust. Although

under the

the POC was filed by BAC, attached to the Bank, F.S.B. secured by a Bank, F. S.B. The Home

13

proof of claim
14

is a

Promissory

Note payable to Countrywide

Deed of Trust executed by the Plaintiff in favor of Countrywide Promissory Note carries no assignment

15

of the Note to BAC or to Countrywide

in interest.

16
17

Loans, Inc, BAC's alleged predecessor

18

23. On or about November

19

12,2009 THE BANK OF NEW YORK MELLON as trustee of LOAN TRUST 2007-HY4 MORTGAGE PASS-

the CWALT, INC. ALTERNATIVE

20
21

THROUGH CERTIFICATES, pertaining

SERIES

2007-HY4 filed a Motion for Relief from Stay

#

to the subject property

(Lead Case Doc

82) which had attached thereto a Note.

22
23

copy of the purported There are irregularities

Deed of Trust and a copy of the underlying Promissory with certain of these and subsequent

Exhibits as set forth below.

24 25

24. The Motion was accompanied

by a Federal

Fair Debt Collections

Practices Act

I 2 3

"Special Notice", to which Plaintiff timely responded.

No reply was ever received,

in

violation of the relevant statute. (See Exhibit "A" Response

to FDCPA Special Notice)

4
5

25. On February 2, 20 0 this Court denied BONY

1

Mellon's Motion for Relief from Stay

without prejudice.
6
7 8

The Court stated: Movant failed to provide adequate information

The

for

the Court to determine that it is the real party in interest.

Court notes that the

named lender on the Note and Deed of Trust is Countrywide

Movant is BONY Mellon.
The Movant

Bank, FSB. However the

has failed to demonstrate how BONY Mellon

9
10

obtained its interest in the Note and Deed of Trust.

26. On May 14, 20

12

Defendant,

after substituting

counsel, renewed its Motion for Relief not

from Stay (Doc

13

178). The renewed

Motion now names three entities as Movants,

merely BONY MELLON but also BAC Home Loans Servicing, LP, and MERS. They did not include the FDCPA Special Notice.

14

15

16

27. The Renewed

17
18

Motion claimed that BONY Mellon is the "holder in due course."

Plaintiff questions that claim and alleges that there are breaks in the chain of title.

19

28. The Renewed

20
21

Motion was supported

by a number

of Declarations

to which the

Plaintiff objected as incompetent

hearsay by persons with no personal

knowledge.

22
23

29. The Renewed

Motion was supported

by a materially

altered version of the Note.

24

30.
25

Plaintiff hereby Objects to the materially altered version of the Note, for reasons set

forth below.

IRREGULARITI]ESWfrHDEFENDANT'SEXHMITS
3

4
3 5
1.

The purported

Deed of Trust offered by Bank of New York Mellon by and through

Esq., on November 12, 2009 (Doc
#

counsel Gerard R. O'Meara,

6
7
,;c

82 Exhibit "B"), carries no

,MIN" number (MERS ID #) or Doc ID#. Both numbers appear to have been erased or whited out" using correction fluid. The copy of the Deed of Trust previously filed with

this Court and at the Yavapai County Recorder's Office carries both the MIN# and the
9

Doc ID #. (Compare Exhibits "B" and "C". Exhibit "B" is front page of Doc #82, Ex.13.
10

Exhibit "C" is front page of the Yavapai County original.)

11

12

32. The copy

13

of the Note offered by Bank of New York Mellon by and through counsel
Esq. on November
12,

Gerard R. O'Meara,
14

2009 (Lead Case at Doc

# 82

Ex. A), carries no

endorsement
15

or allonge or other evidence

3,

of any assignment.

Neither does the copy of the

Note provided by BAC on September

16

2009 in support of its POC. (Exhibit "D" Unaltered

Note back page)

17

18

33. However,
19

the copy of the identical Note offered as Exhibit "A" by Declarant

Jacqui E.

Whitney in support of her May 14, 2010 Declaration,

20

now carries, on the signature page,

in Blank. (See Exhibit

both a purported
21

Assignment

and a purported

Endorsement

"E"

Altered Note back page)

22
23

33. It is indisputable
24

that the purported

Assignment

from Countrywide

Bank, FSB to Home

Countrywide
25

Home Loans, Inc and the Endorsement

in Blank from Countrywide

Loans, Inc were stamped onto the Note between the dates of November 12, 2009 and May

14,2010. 2
3

34.

Neither the purported

assignment

nor the purported

assignment in blank are dated and

neither Countrywide
4
5

Bank, FSB nor Countrywide assignment was executed.

Home Loans, Inc were in business at the assignments appear to have

time the purported been fraudulently

The stamped

affixed in an attempt to prove up the chain of title.

6 7

35. Stamped
8

on the signature

(last) page of the altered Note offered as Whitney's Exhibit which states:

"A"
9

is

what purports

to be an assignment,

PAY TO THE ORDER OF

10

COUNTRYWIDE
II

HOME LOANS, IN

WITHOUT RECOURSE
12

COUNTRYWIDE
13

BANK, FSB

BY
14

LAURIEMEDER
15

SENIORVICEPRESIDENT
16

The signatory,
17

Laurie Meder, provides no employment she serves as "Senior Vice President". Bank, FSB. The "assignment"

information. Presumably,
is

She does not state

what company
18

her employer

would

have been Countrywide

19

undated. or Endorsement in Blank,

Additionally
20

the Note now carries a purported

Assignment

which states:
21

PAY TO
22
23

ME ORDER

OF

WITHOUT RECOURSE
24

COUNTRYWIDE
25

HOME LOANS, INC

BY

MICHELE SJOLANDER.
2
3

EXECUTIVE

VICE PRESIDENT

Once again, the signatory,

4
5

Michele Sjolander,

provides no employment

information.

She

does not state what company employer

she serves as "Executive

Vice President". Presumably,

her

would have been Countrywide

Home Loans, Inc. Again, the "assignment in

6
7 8

blank" is undated. (See Exhibit "E")

36.
9

Neither the purported Assignment

nor the Assignment

in Blank has anything

on it to

identify that it relates to the Note in question. (See Exhibit "E")

10 I
1

37. Furthermore,
12

both signatures

appear to be photocopied.

They are obviously

not "Wet"

signatures.
13

Ms. Meder and Ms. Sjolander

may or may not know that their photocopied

signatures were used in this manner. (See Exhibit "E")

14

15

38. The addition

16

of a purported Assignment

plus a purported

Assigninent

in Blank is a

material difference
17

from copies of the Note previously Exhibits

on file in these proceedings

as

avowed "true and correct copies". (Compare

18

"D" and "E")

19

39.
20

Neither Countrywide

Bank FSB nor Countrywide

Home Loans, Inc were in existence at

by officers

the time the alterations

21

to the Note were made, allegedly

of those companies.

Countrywide
22

Bank FSB and Countrywide

Home Loans, Inc ceased to exist as of July 2,

by the Bank

2008, the date both companies

23

were purchased

of America. The material

alterations
24

to the Note were made between

the dates of November 12, 2009 and May 14, attempt to prove up the chain of title.

20
25

in a belated,

improper and fraudulent

by Defendants 2
3

is

legitimate

or effective.

4 4
5

1.

The alterations

to the Note appear to be an attempt to commit fraud upon this Court.

42. On information
6

and belief, this Court's reliance upon the purported Assignment

Stay.

was

pivotal to this Court's decision to lift the Automatic

7 8

43. On infori-nation
9

and belief, this Court's reliance upon the purported Assignment

was

pivotal to this Court's decision to dismiss Plaintiff s previous amended complaints.

I

PROOFS OF CLAIM
12

44. On or about September

1

2, 2009, BAC Home Loans Serving, LP, by and through Dean

Prober, Esq., of the California

14

law firm Polk, Prober and Rafael as counsel for BAC Home

Loans Servicing, LP filed a Proof of Claim stating'. " At the time this case filed, the TOTAL
1

SECURED
16 17

CLAIM (Payoff Amount) was $486,401.44."

45. Attached
18

to the

Proof of Claim were the Note, Deed of Trust, and Fixed/Adjustable

-

Rate

Rider to the Note. (see Exhibit "D"

19

Note)

20 46. Significantly,
21

as of September

2, 2009 the Note does not carry any assignment

or other

stamp on the signature page or anywhere

22
23

else. Such assignment

is an

absolute prerequisite BAC has

for BAC Home Loans Serving, LP to enforce its claim. Absent such assignment
no standing in the

Plaintiff

bankruptcy

proceedings.

(see Exhibit "D"

Note)

24 25

THE PROMISSORY

NOTE

10-

47. On or about March 29, 2007

3

Plaintiff executed a Promissory

Note in favor of

Countrywide
4
5

Bank, FSB, secured by a Deed of Trust on Plaintiff s residence.

48.
6

In these proceedings,

the original Promissory

Note has not been produced by

Defendant.
7

At least two materially

different copies of the Note have been produced,

however, as set forth below:

8 9

49. The Note as filed with

10

the Court on or about November

12,

2009, by Gerard O'Meara

Esq. (BONY
I I

Mellon's counsel) in support of BONY Mellon's Motion for Relief from the
attached. (See Exhibit "D")

Automatic
12 13

Stay (Lead Case Doc # 82 Ex. A) has no assignment

50. On or about February

14

23, 20 0 counsel was substituted

1

with respect to both BAC Home parties is

Loans Servicing, LP and BONY Mellon. The new counsel for all Defendant
15

Bryan Cave, LLP, which is authorized

16 17 5
1

to accept service for all Defendant

parties.

1.

The Promissory
1

Note was re-filed with the Court by the new counsel on or about May
#

14, 20
1

0,

(Lead Case Doc

180 Ex. A). This version

of the Note carried material

in Blank. (See

alterations
20

to wit a purported

Assignment

and a purported Assignment

Exhibit "E")
21

22
23

52. Under penalty

of pe ri 'ury, Jaqui Litigation

#

E.

Whitney, Assistant Vice President/Paralegal

in the

Legal Department
24 25

Division of Bank of America Corporation,

filed the altered

Note (at Lead Case Doc

180 Ex. A.) in support

of the Defendant's Renewed Motion for

#

Relief from the Automatic

Stay (Lead Case at Doc

178).

-II-

53. The altered Note has an undated assignment,

3

purporting

to assign the Note from

Countrywide
4
5

Bank FSB to Countrywide

Home Loans, Inc. Neither Countrywide

Bank FSB

nor Countrywide

Home Loans, Inc. was in existence as of November 12, 2009, the earliest

date the alteration could have been made.

6
7

54. The undated "assignment"

8

stamped on the signature (last) page of the note is purported

to have been executed by Laurie Meder, in her capacity as Senior Vice President
9

of an

unnamed and unident ified company. The assignment

10

I I contai ns no Iidentifiers (i.e., loan

number, date or who it is payable to) that indicate that it is in any way related to the Note
I I

that it has become mysteriously

12

attached to. Additionally,

the signature appears to be a

photocopy
1

rather than being an actual or "wet" signature.

14

55. The Note has been filed with the Court on several previous
15

occasions

and avowed to be

a true and correct copy each time.

16
17

56. It is incontrovertible
1

that two materially

different copies of the Note have been

submitted to this Court.

1

20
2
1

THE DEED OF TRUST

22
23

57. The copy

of the Deed of Trust filed with the Court as Exhibit "B", on or about

November 12,2009, by Gerard O'Meara, Esq. of law firm Gust Rosenfeld, P.L.C., (BONY Mellon's counsel) in support of BONY Mellon's Motion for Relief from the Automatic
Stay (Doc #82) has no MIN # or Doc ID #. The numbers

24 25

appear to have been erased or

12

I
4@

whited out" using correction

fluid. (See Doc #82 Ex "B") (Exhibit "B")

2
3

58. It is not known by 4

5

Plaintiff what might have motivated anyone to erase the MIN and

Doc ID numbers from the Deed of Trust and to submit such an altered document to this Court. The act certainly smells of malfeasance. In any event the Motion was denied and

counsel was substituted

7 8

immediately

thereafter.

THE SUBSTITUTION
9

OF TRUSTEE

59. According
10

to the Deed

of Trust, the Trustee

is

Fidelity National Title Insurance

Co, an

Arizona corporation.
I
1

12

60. On or about September

13

26, 2008

Plaintiff received a notice alleging default on the

Company". (Exhibit "F"

,,loan".
14

The notice came from a Texas entity called "Recontrust

Notice of Default)
15 16 6 17
1.

On or about September

23, 2008 Recontrust

Company,

a Texas entity, was substituted

by MERS, as recorded
1

at Yavapai County Recorder's Office on that date. (Exhibit "G"

Substitution
19

of Trustee)

20
21

62. The Substitution

of Trustee by MERS as Grantor to Recontrust

is

ineffective.

MERS

cannot substitute a trustee. MERS has no power or authority to do anything other than record the mortgage. SYSTEMS,
[T] he

22
23

See for example

MORTGAGE

ELECTRONIC

REGISTRATION
1

INC. v. SAUNDERS

Supreme Judicial Court of Maine. August 12, 20 mortgage

only rights conveyed to MERS in either the Saunderses' promissory

or the

24

corresponding
25

note are bare legal title to the property for the sole and the corresponding right to record the

purpose of recording the mortgage

13

I 2 3

mortgage with the Registry of Deeds. The remaining,

beneficial

rights in the and assigns. As

Its

mortgage and note are vested solely in the lender and its successors

discussed above, MERS's only right is the right to record the mortgage. designation as the "mortgagee

4
5 6 7 8 9
I

of record"

in the document

does not change or expand

that right; and having only that right, MERS does not qualify as a mortgagee pursuant to our foreclosure
63. The Notice

statute.
by Recontrust

of Default and Notice of Trustee's Sale filed and recorded

because Recontrust
is

are ineffective

not a proper Trustee as set forth above. (See Exhibits

"F" and "H") THE SECURITIES TRUST

0
1

64. ALTERNATIVE
12

LOAN TRUST 2007-HY4 SERIES 2007-HY4,

MORTGAGE

PASS-THROUGH

CERTIFICATES,
13

the trust referenced

in this case, had a closing date

or cut-off date, the final date when properties

14
1

could have been added to the trust under the that governed the trust. The Agreement (recorded or was

terms of the Pooling and Servicing Agreement dated May unrecorded)

1,

2007.

Because there has never been any Assignment

to the trust,

16 17
1

of the Note or Deed of Trust

Plaintiff's loan was never in the trust.

8 9

65. No evidence

has been offered that Plaintiff s loan was ever in the trust, other than an Michael Cerchio that "it is my understanding that the

unsupported

statement by Declarant

20
21

Note is presently in the possession

of BNY Mellon Trust Co as the designated agent of

BNY Mellon, trustee of the Trust". (See Lead Case Doc # 182) The Declarant did not personally confirm that the Note was in the trust, or when it allegedly entered the trust, nor
in the possession

22
23

was it made clear whether the Note allegedly was the original or the improperly

of BNY Mellon Trust Co

altered version.

24 25 66. Therefore

BONY Mellon, as alleged trustee for a trust which has not been shown to

14

I 2

contain Plaintiff s loan, has no proven interest, ownership

67. There is no holder in due course, as a consequence

or authority in the Property.

of the securitization

of the alleged

promissory
4
5 6 7 8 9
1

note. BONY Mellon is not the holder in due course.

68. Upon information

and belief, the Note and Deed of Trust have become separated as a

consequence ownership

of the securitization
and possession

of the alleged promissory note. Severance of the

of the original note and mortgage has occurred. Therefore the

debt.

Note is unsecured

and should be treated as an unsecured

0
1

THE "ASSIGNMENT"

STAMPED ON THE BACK PAGE OF THE NOTE

12
1

69.

The purported assignment

12,

was improperly
0

stamped at some time between the dates of page of the copy of the Note created, is undated,

November

2009 and May 14, 201

on the signature

14 15

submitted by Jaqui E. Whitney. It is invalid because it was fraudulently and is improperly signed, inter alia.

16 17
1

70. Furthermore,

the purported

assignment

is

invalid because neither of the parties to the While the

purported assignment purported assignment

was in business as of the date of the purported assignment.

is

19

undated, the alteration to the Note occurred some time between

1

20
21

November 12, 2009 and May 14, 20

prior to November assignment

0.

The "assignment"

cannot be back-dated
to the purported

to a date

12, 2009, at which time neither

of the parties

22 23 24 25

was in existence.

71.

EveniftheCourtfindstheassignmentwasproperlystampedonthebackpageofthe
created in an attempt to give the appearance

Note, it was fraudulently

of propriety.

15

72. If the assignment

3

is

found to be fraudulent,

none of the Defendants

can be found or

to be a party in interest 4

or a "real" party in interest, or to have either constitutional

prudential
5 6

standing.

AUTHORITY
7

OF SERVICER

OR TRUSTEE

TO BE REAL PARTY IN INTEREST

FORINVESTORS
8 9

73. Defendant
10

BAC cannot base their standing solely upon their alleged role as loan

servicer.
I
1

12

74. Defendant
,13

BONY Mellon cannot base their standing solely upon the alleged existence
As set forth above,

of a trust for which they are the Trustee.

14

Plaintiff

loan was never

shown to be in the trust.

1

16

APPLICATION
17 18

OF FUNDS TOWARDS INDEBTEDNESS

75. The May

19

1,

2007 Pooling and Servicing Agreement

provides for payment to the trust of

substantial
20
21

consideration

which was never credited towards the indebtedness.

76. It
22
23

is

believed that other insurance,

governmental

proceeds and/or credit obligation.

default swaps have been disbursed as credit towards the underlying

24 77. Discovery 25

must be conducted

to deten-nine the application

of monies

to the account.

16

CONCLUSION
2 3

78. Based upon the facts and circumstances 4

5 6

set forth above, it is alleged that Defendants

have no legal standing to assert a claim on the Promissory

Note and Deed of Trust that is

the sub'ect matter of this litigation. There would appear to be secret and dishonest activity and alteration with regard to some of the documents submitted to this Court by Defendants.

Defendant

BONY Mellon claims to be the true holder of the note but has not proved that breaks in the chain of title. A temporary restraining and resolved.

such is the case. There are significant

9

order should be granted until such time as these matters have been examined
10 I
1

79.
2

Plaintiff

Fourth Amended

Complaint

is

timely served in accordance

with this Court's

instructions.
1

14

WHEREFORE,
1

Plaintiff prays that this Court find as follows:

16

A. The assignment
17
1

by Countrywide

Bank, FSB to Countrywide

Home Loans, Inc,

purported to have been executed by Laurie Meder be declared to be invalid; and

8 9

B.

The assignment

in blank by Countrywide

Home Loans, Inc, purported to have been and

20
21

executed by Michele Sjolander be declared to be invalid-

22
23

C.

The substitution

of trustee

to Recontrust,

purported to have been executed by MERS

be declared to be invalid; and

24 25

D. That any and all documents

executed by Recontrust

in this matter be declared to be

17

invalid; and
2 3

E.

That all funds paid by, or on behalf of, the Plaintiff be properly accounted

for and

4
5 6

applied; or the funds be returned to the Plaintiff, and

F. That the Defendants

7

be declared to have no claim or standing whatsoever due their failure to demonstrate

in the

Plaintiff
8

bankruptcy

any interest in the Note and Deed of

Trust submitted in this matter; and

9

10

G.
I I

If the Court declines to eliminate Defendant's claim altogether; that the Note be
to be unsecured

determined
12

as listed in Plaintiff s Amended

Schedules,

and be treated as an

unsecured
13 14

claim; and

G. That any recorded

15

liens purported to be impressed

on the Property
s

as a result of the Note

I

and Deed of Trust be released at the conclusion

1

of the Plaintiff

Chapter

Plan; and

17

H. For an order requiring

1

Defendant

to show cause why they should not be enjoined as set

forth in this complaint;

1

and

20
1.

For a temporary

retraining

order as set forth below.

22
23

RES

CTFULLYSUBMITTEDthlsl8thdayofAugust,2010.

24 25

By
W

C.

z@ . Bailey, fla 7 iff

11

18

PETITION FOR TEMPORARY

3

RESTRAINING

ORDER AND PRELIMINARY

INJUNCTION
4
5

80.
6 7 8 9 10 I
1

Plaintiff incorporates

and re-alleges paragraphs

1-79.

Plaintiff hereby moves for a temporary restraining

enjoining Defendant Defendant from conducting
a

order and a preliminary

injunction

Trustee's Sale unless and until such time that the

can establish to this Court that they are qualified to act and exercise the powers pursuant to A.R.S.

and remedies of the Trustee and Beneficiary

33-801 et seq.

This motion is supported by the following Memorandum

12

of Points and
herein by

Authorities,
13

paragraphs

1-80 above, and Exhibits A thru H which are incorporated

this reference.
14 15 16 17
1

1.

Introduction.

81. On or about July 29, 2010 the Defendant

was awarded relief from the automatic

stay by

this Court.
8 19

82. The Court may have been left without a choice on the question stay should be lifted due to the limited issues presented,

of whether the

20
21

but new evidence and a closer look

shows that Defendants

presented

fraudulent

and altered documents.

22
23

83. As set forth above, the Note presented

to the Court by Jacqui E. Whitney

was materially The purported

24 25

different than the original presented to the Court on two previous occasions. Assignment

of the Note by Countrywide

Bank, FSB to Countrywide

Home Loans, LP. was

added to the Note after the Countrywide

entities were no longer in existence.

19

2 3

84. Based on the fraudulent

and misleading injunction

evidence presented to the Court, a temporary

is

restraining Sale.

order and preliminary

required to prevent the impending

Trustee's

4
5

6
7

11.

Statement of Facts. Plaintiff

the owner of real property within the jurisdiction of this Court located at

85.
8

is

2560 N. Page Springs Rd, Corriville, AZ 86325.

9
1

86. On or about March 29, 2007

I I

Plaintiff executed a Promissory

Note in favor of

Countrywide
12

Bank, F.S.B. ("Countrywide")

secured by a Deed of Trust on Plaintiff s

resi 'dence.
13 14

87. The Deed

15

of Trust named Countrywide

Bank, FSB as the "lender",

MERS as the as the

beneficiary,
16

and Fidelity National

Title Insurance Co, an Arizona corporation,

Trustee.
17
1

88. During

Plaintiff

Chapter

bankruptcy

proceedings,

BAC Home Loans Servicing,

LP

19

filed a Proof of Claim and BONY Mellon filed a Motion for Relief from the Automatic
Stay.

20
21

89. The copy 22 23 24 25

of the Note attached to BONY Mellon's Motion was identical to the copy of
were avowed to be true and

the Note attached to BAC's Proof of Claim. The attachments correct copies of the original Note.
and Motion for

The copies of the Note attached to the Proof of Claim

Stay carry no evidence

Relief from the Automatic

of any assignment,

assignment

in blank, endorsement

or allonge. A copy is attached hereto as Exhibit "D".

20

2 3

90. However,

the Note presented to the Court by Jacqui E. Whitney is materially Assignment

different
by

from the Note originally presented to the Court. A purported Countrywide Countrywide Bank, FSB to Countrywide

of the Note

4
5

Home Loans, LP. was added to the Note after the

See Exhibit "E" attached.

entities were no longer in existence.

6
7 8 9 10 I I 12 13

1.

Laurie Meder and Michele Sjolander allegedly executed the Assignment

in Blank respectively on the copy

and

Endorsement
E.

of the Note entered into evidence by Jaqui

Whitney.

See Exhibit "E" attached.

92.

Plaintiff requests the opportunity

to examine Laurie Meder and Michele

Sjolander to
in Blank

determine whether they in fact executed the Assignment

and Endorsement

belatedly stamped upon the Note, and if so, why and upon what authority, that both Countrywide time.

given the fact

entities had been out of business for at least sixteen months at the

14 15

93. Additionally,

the copy of the Deed of Trust filed with the Court on or about November

16
17
1

12, 2009, by Gerard

O'Meara, Esq. of law firm Gust Rosenfeld, P. L. C., (BONY Mellon's

Stay (Doc

counsel) in support of BONY Mellon's Motion for Relief from the Automatic
#82 Ex. A) has been materially

altered. It has no MIN # or Doc ID #. The numbers appear fluid. (Lead Case at Doc #82 Ex. B)

19

to have been erased or "whited out" using correction See Exhibit "B" attached.

20
21

94. Without 22
23

an order from this Court, the

Plaintiff

home will be sold at Trustee's Sale at

Defendant's earliest opportunity.

24 25

111.

Legal Argument.

21

95. A

Trustee's Sale

is a

statutory remedy provided to beneficiaries

pursuant to a Deed of
is

2 3

Trust. AR.S.
801

33-801 et seq., a "beneficiary"

of a Deed of Trust

defined by AR.S.

33-

(I): "Beneficiary"

means the person named or otherwise

designated

in a Trust Deed as in interest.

4
5

the person for whose benefit a Trust Deed is given, or the person's successor

6
7

96. There is no Assignment

of Deed of Trust recorded

in Yavapai

County identifying
As set forth

BONY Mellon as the current owner or beneficiary above there are significant
8 9
I

of the Plaintiff's mortgage.

breaks in the chain of title.

97. The

Plaintiff

is

simultaneously

filing his Fourth Amended

Complaint

to determine

the

extent, validity or priority of the Defendant's purported Restraining Order and Preliminary Injunction
to preclude

lien and this Petition for Temporary the Defendants from conducting
a

I I 12
1

Trustee's Sale, until such time as the authenticity

be determined

of the documents

in these proceedings

can and

and the issues of who is the real party in interest, and who has prudential standing can be examined.

constitutional
14
1

98. Preliminary

injunctions

are appropriate

where there is (1) a strong likelihood injury not remediable

by

of

success on the merits; (2) a possibility damages; (3) a balance of hardships

of irreparable
in the
v.

17
1

Movant's favor; and (4) a public policy in favor

TCR-Montana Ranch Joint Venture, II, 176 Ariz.

8 9

of granting the relief. Powell-Cerkoney

275, 280, 860 P.2d 1328, 1333 (Ct App. 1993).

20 A. A
21

Strong Likelihood of Success on the Merits.

22
23

99. Defendants

have been granted favorable verdicts by this Court on the basis of fraudulent The Automatic Stay has been lifted. Despite Defendant's avowals,

or altered documents. the several materially

24 25

different copies of the Note presented to this Court in the Proof of

Stay cannot all be true and correct copies

Claim and Motion for Relief from the Automatic

22

of the original Note.

2
3

100. The purported

"true and correct copy" of the Note most recently entered Jacquie E. Whitney on May 14, 20 0 contains
1

evidence
1

4
5 6

by BONY Mel Ion's sworn Declarant

material alterations

as set forth below and elsewhere

in this pleading.

(See Exhibit "E".)

1.

An undated stamp carrying a purported

Assignment

of the Note form Countrywide

7 8 9 10 I I 12 13 14
1

Bank FSB to Countrywide

Home Loans, Inc was added to the signature page of the Note at

some time between the dates of November 12, 2009 and May 14, 201 0.

102. Countrywide

Bank FSB and Countrywide

Home Loans, Inc did not exist between the

by Bank

dates of November

12, 2009 and May 14, 201 0. Both entities were purchased

Of

America on or about July 2, 2008, approximately

2009.

sixteen months prior to November 12,

103.

There is no Assignment

of the Deed of Trust to BONY Mellon on record.

16
17
1

104.

There is no Assignment

of the Note

to BAC on record.

8 9

105.

The Substitution

of Trustee

to Recontrust

Company by MERS was improper.

106.

20
2
1

The copy of the Deed Of Trust entered into evidence by BONY Mellon contains The MERS ID # and Doc ID
#

material alterations.

were erased from the document.

(Lead

Case at Doc #82 Ex. B) (See Exhibit "B" attached.)

22
23

107. Clearly this Court cannot and will not condone the

Defendant's willful

24 25

misrepresentations merits.

to this Court.

Therefore,

there is a strong likelihood

of success

on

the

23

2 3

B.

Irreparable Injury Not Remediable by Monetary Damages.

4
5 6

108. The

Plaintiff seeks to retain his family residence which

is

additionally

used as an

essential part of his business. inadequacy Sabin

v.

When dealing with real property, a "... Court may assume the remedy without the necessity of a showing to that effect."

of damages

as a

Rauch, 75 Ariz. 275, 280 (Ariz. 1953).

7 8

C. A
9

Balance of Hardships in the Movant's Favor.

10
I

109.

The hardship to the Plaintiff is extreme and the hardship to the Defendant The Plaintiff will sustain a loss of approximately $325,000
in equity

is

slight at
is

best.

if the house

12
1

sold at Trustee's Sale values, and will sustain untold permanent

damage to his business.

3
1

10.

14
15

The Defendant

allegedly holds this property as one of many assets.

They collectively

hold many thousands

16
1

of similar Deeds of Trust.

1.

Granting the Temporary

Restraining

Order will only slightly delay a process that has Property

7 8 9

already been a long process.

If anything, the delay may help the Defendant.

values appear to be rising slightly. Plaintiff will continue to care for and maintain the property as he has done for approximately
D.

five years.

20
21

Public Policy.

22
23

12.

The legislature

created a very specific Deed of Trust statute.

It represents

compromise

between the rights of a creditor and the rights of a homeowner.

24
1
1

3.

The creditor was given an expedited remedy in exchange The Defendant must be held to these procedures.

for strict procedural The very least of these

25

safeguards.

24

I 2 3

procedures documents

is to

put true and correct documents

into the record.

According

to the

filed with this Court, the Defendant altered and fraudulent documents.

has not done so, and has in fact filed

contradictory,

4
1

14.

Property rights are crucial to our social system. should be conducted

A full exploration
is

of possible

infringements
6

before a homeowner

stripped of their home and

equity.
7 8 9 10 I I 12

15.

Public Policy also favors equitable behavior. manner:

In the instant case, the Defendants

have

acted in a highly inequitable

They presented a Note to this Court that is not a true and correct copy of the original Note.

14
1

They presented a Deed of Trust to this Court that is not a true and correct copy of the

original Deed of Trust.

5 6 7 8 9

Laurie Meder, as Senior Vice President of an unspecified signed the Assignment question.
-

entity, is alleged to have

in

on the Note. The authenticity

of this document remains

Michele Sjolander,

as Executive

Vice President of an unspecified

entity, is alleged to

20
2
1

have signed the Assignment remains in question.

in Blank on the Note. The authenticity

of this document

22
23

The purported Assignment which Countrywide

of the Note was executed at some unspecified date at

Home Loans, Inc no longer existed.

Bank FSB and Countrywide

24 25

Lastly, MERS substituted

Recontrust

Company as Trustee but had no right or

25

I 2
3

authority to do so. IV. Conclusion.

4
5 6 7 8 9

The Defendant

has engaged in inequitable

conduct.

They have obtained favorable

decisions

from this Court based on evidence that is, at best, a misrepresentation fraud. A Temporary preventing
a

and, at worst, outright

Restraining

Order is critical to maintaining

the status quo and hearing can be performed

to

Trustee's Sale until discovery and an evidentlary

committed

evaluate the nature and extent of the infractions

by the Defendant.

WHEREFORE,
10 I
I

it is

respectfully

requested that:

A. The Defendants
12
3

be enjoined from foreclosing

or taking any other adverse actions against

the Property without further Order of the Court; and

14

B.
1

5 6 7

Such other relief be granted as this Court deems J'ust and proper.

DATED this 18th day of August, 20 0.

1
1

8 9

20 2
1

iyew-C.

22
23

Bai-le@,@laintiff

24 25

26

2
3

4
5 6 7 8 9 10

Verification of Complaint Plaintiff Andrew

C.

Bailey states under penalty of pe 'ury that the facts and allegations complaint are true and correct to the best of his knowledge

set forth in his fourth amended

and understanding.

DATED this 18th day of August, 20 0.

1

I I 12 13 14 15 16 17 18 19

An re@ve. Bailey-Plaintiff

20
21

22
23

24 25

27

Andrew C Bailey c/o 2500 N. Page Springs Road Comville, AZ 86325

Z@l

Gerard R. O'Meara Esq Gust Rosenfeld, PLC I South Church Avenue, Tucson, AZ 85701-1620

Suite 1900

December

10,

2009.

Re: Attached Federal Fair Debt Collections Act "SPECIAL NOTICE" dated 11/12/2009
Dear Mr. O'Meara,
I

hereby acknowledge receipt of the attached Federal Fair Debt Collections Act SPECIAL NOTICE and CONSUMER DISCLOSURE filed concurrently with your motion of 11/12/09. am responding within the stated 30-day period.
1

With regard to the underlined section of the first paragraph of the notice, "Nothing in this statement modifies or changes the hearin2 date or response time specified in the attached documents ...... Nowhere in the attached documents is any response time specified. Neither does Local Rule 4001 appear to be specific as to response time. The Court was unable to clarify the issue when I telephoned with a query on the subject.
1.

hereby notify you, as attorneys of record for THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as Trustee for the Certificateholders, CWALT, Inc, Alternative Loan Trust 007-HY4 Mortgage Pass-Through Certificates, Series 2007-HY4, its assignees and/or successors in interest, that all or part of the alleged obligation or judgment to THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as Trustee for the Certificateholders, CWALT, Inc, Alternative Loan Trust 007-HY4 Mortgage Pass-Through Certificates, Series 2007-HY4, its assignees and/or successors in interest is DISPUTED.
2.
1 fn

await the prompt mailing of "a written verification

of the obligations

orjudgment

and

the amounts owed to THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as Trustee for the Certificateholders. CWALT, Inc, Alternative Loan Trust 007-

HY4 Mortgage successors

Pass-Through

Certificates,

Series 2007-HY4,

its assignees

and/or

in interest."

E-)

note that no response time (on the bank's part) is specified in this matter, but ask you and vour client to diligently expedite the matter. Assurnedly this information is readily available, action in the bankruptcy court. given your recent foreclosure-related C
.

hereby request the name and address of the original "creditor", if different from the current "creditor" per the final sentence of the attached Special notice. Am I to understand the word "creditor" to be synonymous with the word "lender"? I specifigAlly request the name, address and contact person of the actual lender, not the entity who acted as mortgage broker or loan originator. That entity was Countrywide Home Loans. The lender by definition is the person or entity who actually provided the money to fund the loan, and who would therefore be damaged by a default on the subject loan. This information will greatly assist me, and the court, in determining who my lender is and how much I owe them. This is of course the primary purpose of the Qualified Written Request and Debt Validation Letter, which I have mailed to you today.
I

3. In addition.

look forward to your cooperation

in clarifying

these confusing

matters,

Sincerely,

Andrew C Bailey

@39

1-1

@5

:7@'Jl:

101

@19

77!@,D

TO:

-4

SPECIAL NOTICE
2

E@rENT

THE FOLLOWING NOTICE IS GIVEN TO YOU IN THE THAT THE FEDERAL FAIR DEBT COLLECTIONS ACTAPPLIES TO THIS COMMUNICATION.
statement provicics
thin,

The following
by

you with

notice

of certain
the ho

rights which
ax in& cia t e 0
@

you
x
12 -

m,

ay
ti M in

law.

Nothing
in

in

statement

modifips

or changes
to

re s onse

sipecifled matter.
]Local

the attachmi

documents or yourticed

take legal action

to

protect your rights

to comply

this with

No provision of the following rules concerning

statement modifies

or removes. your need

the attached documents.

CONSOJER
10

DirsCLOSWU
to

This information
12

communication
obtained

is made

in

an

attempt

collect
Please

on

a debt

or judgment

and

uny

will be used

for that purpose.

be advised
fQT

that if you notify

nc

Bank
13

of New York Mellon,

Inc., AlWmative
in

f/k/a The Bank Loan Trust

of New York, As -rnistee Mortgage

a

the C@,rtificatchoAcrs,

CWALT,
14

2007-1,IY4
30 days

Pass-Through

Certificates.

Series

2007-HY4's
15

attorneys

writingwithin York
Mollon, Inc.,
is

that all or The Loan Bank Trust

part of your obligation York, As

orjudgment
for the

to
16

The

Bank

of New

Wit

of New

Trustee

Certificatcholders,
17

CWALT,
2007-11Y4

Alternative

2007-HY4

Mort&3&c

Pass-Through

0@rtiflcaics,

Sorics

disputed,

then The Bank of New York Mellon, Inc., Alternative

lWa The Bank

Loan mail Bank

is
oi
19

'Now York, As Trustcc for the Cartificaw- holders, CWALT, Mortgage

verification

rrusi 1007to
@ou
a

HY4
,.Io

Pass-Through

Cartificatos,

Series

2007-14Y4's

attomcys
owed

will
to The

written

of the obligations

or judip-nent

and the amounts

of Now
Inc.,
In
kind

York.Mcllon, Altcrnativc .3
1:

Ma
Loan

The Bank of Now York, Trust 2007-14Y4

As Trustcc for the Certificateholders,

CWALT, '4007-14Y4,

Mortgage

Pass-Through
30

Ccrfificato6,

Series

@,ddillon 24

and upon your written

requcstwithin

days, you will be providcd with the nume

address of the original

creditor, if different frorn the Current creditor.

Case Z09-R-08979-RTSP

Doc 82

Filed

11/1 2109

Entered
6 of 6

11112JO9

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DEFINITIONS Words
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C_

LOAN

if Bbri6w6f is not a Uderest in the Properly is sold or If an or my part of the properV or any transfm-ed) without Landees prior written consent, Borrower is sold or this option However, natural person and a benaftend interest m rou in of au sum secured by this security rnewmant. shall am excoral" this Lender way require immediate payment Law. Lender also exercise to prohibited by Applicable intended shall not be exeralsed by Lender If such required by Lender to evaluate the to Lender information C&US es to be submitted tf6 (a) Borrower that Landees option . and (b) Lender reasonably determines me& to the transferee; or agreement in transferee ar, if a now loan were being and that 1he risk of a brewh of any covenant win not be Impaired by the loan assumption secuft this Security Instrument is acceptable to Lender. as a condition to Lander's, Law, Lander may charge a reasonable fee TO the extent permitted by Applicable agreement that is transferee to sign an asmunption Lender may also reqidrs in *a Note and consent to the joart swunpdon. *U the promises and agreements mule to keep acceptable to Lender and that obligates the tranaftm and this Security Instrument under the Note Borrower will continue to be obligated in this Security instrument. notice of Lender releases Borrower in writing, unless payment in felt Leader shall give Bommar require Immediate if Leader exercises the option to period of not less than 30 days ftom the date the notice Is given In accordance accateration. The notice shall provide a if Borrower fidis to all sums secured by this security b1strument. by this Security with Soodon 15 within which Borrower must pay period, Lender may Invoke any rernedles pennitted this pay them sum prior to the wtpirstion of without fiather notice or demand on Borrower.

ft

instrument

WUNTISS

THE HAND(S)

fi@ND

SEAL(S) OF THE UND

NED.

MDRVW

a.

LEY

-Bomwer

(Seal)
-Borrower

CSORD

-BorrOwer

(seal)
.Borrower

[Sign OrigbW OnW

ootW

Wer"t OnV AWUSTASM * MULTWAM 20806-vX 404103)

RAIN

MOTS

ONE

YffM UWK

INIM P&"4of4

LOAN

part of the Property or any Intorest in the Property is sold or transferred (or-if Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise Is prohibited by Applicable Law. Lender also shall not exercise this option If' (a) Borrower causes to be submitted to Lender Information required by Lender to evaluate the intended transferee as if a new loan were being made to tho transferee; and (b) Lender reasonably determines that Lendees security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender'sconsent to the loan assumption, Lender may also require the transferve to sign an assumption that is agreement acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower
in full, Lender immediate shall give Borrower notice of payment a period of not less than 30 days from the date the notice Is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fwther notice or demand on Borrower.

If

all or any

If Lender exercises the option acceleration The notice shall provide

in writing. to require

WnWESS THE RAND(S)

AND

SEAL(S)

OF 77-M

UNDER

GYNED.

(Seal)
ANDREW

C.

SAILEY

-13offower

(Seal)
-normwer

(Seal)
-Borrower

(seal)
-Bonower

[Sign Original Only]

CONV 0 MULMSTATE 20805.XX (04/03)

Interest

Only

ADJUSTABLE

RATE

NO'M

ONIK

YEAR

U13OR

INDEX

Page

014

Lenaer may require irnamuimc paylil-L ill lull U, "II -j this by Applicable Law, Lender also shall not exercise is prohibited shall not be exercised by Lender if such exercise by Lender to evaluate the intended information required option if. (a) Borrower causes to be submitted to Lender determines that Lender' s being made to the transferee; and (b) Lender reasonably transferee as if a new loan were risk of a breach of any covenant or agreement in security will not be impaired by the loan assumption and that the this Security Instrument is acceptable to Leader. reasonable fee as a condition to Lender's To the extent permitted by Applicable Law, Lender may charge a agreement that is Lender may also require the transferee to sign an assumption consent to the loan assumption. made in the Note and all the promises and agreements acceptable to Lender and that obligates the transferee to keep and this Security Instrument in this Security Instrument. Borrower will continue to be obligated under the Note

--

unless Lender releases Borrower in writing. notice of shall give Borrower in full, Lender If Lender exercises the option to require immediate payment date the notice is given in accordance acceleration. The notice shall provide a period of not less than 30 days from the Borrower fails to with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If invoke any remedies permitted by this Security pay these sums prior to the expiration of this period, Lender may Instrument without fin-ther notice or demand
on Borrower.

WITNESS

THE HAND(S)AND

SEAL(S)

OF THE UNDERAGNED.

(Seat)
ANDREW

C.

BAILEY

-Borrower

(Seal)
-Borrower

(Seal)
-Borrower

(Seal)
-Borrower

[Sign Original

Only]

P'w

7r)

0P4

Note

or

/A(C

E_

C-ULA

C,

_4A_

OL

01 080100290

TS No. 0&0100290 Property Address:

2560 N PAGE SPRINGS RD AZ 86325-6122 CORNVH,LE,

September

19, 2008

Important
RECONMuST

Lffal Notice

is COWANYI, acting in its capacity as trustee or substituted trustee, required by law to advise you of the following-. it obtum RECONTRUST COMPANY is attempting to, coRect a debt and any information

will be used for that purpose. The name of the Creditor to whom the debt is owed: TIRE CERTMCATE-HOLDERS, THE BANK OF NEW YORK, AS TRUSTEE FOR TRUST 2007-HY4 MORTGAGE PASS-THROUGH CWALT, INC, ALTERNATIVE LOAN CERTIFICATES,, SERIES 2007-HY4 Debt Validation Notice:
believe that you may be entitled to the benefit of the Service Members Civil Relief Act of 2003, it is recommended that you consult with your attorney. and other (a.) As of the date of this letter, you owe $436,941.00. Because of interest, late charges,

if you

chargesthatmayvaryfromdaytoday,theamomtduconthedayyoupay-maybegeater.Hence,if check, in you pay the amount shown above, an atustment may be necessary after we receive your
which event we will inform. you before depositiiig write the undersigned or call (800) 281-8219. the check for collection.

For further information,

(b.) Unless you, within (30) days after the receipt of this letter, dispute the validity of the debt or COMPANY will assume the amount to be valid. any portion of the debt, RECONTRUST COMPANY in writing, to the address provided below within thd thirty (30) day period, that you dispute the debt, or any portion of the deK RECON71RUST COMPANY will obtain verification ofthe debt and mail it to you. Ifyou so request in writing to the address provided below withm the thirty (30) day period, RECOMIRUST COMPANY will provide you with the name and address of the original mvffitor if it is diflerent from the current creditor
@(c.)

If you notify RECONTRUST

RECONTRUST

COMPANY

2380 Performance Dr, RGV-D7-450 Richardson, TX 75082

Sincerely,

RECONTRUST

COMPANY

M.Ufflff"1#k%D

BY:

An&

COMPANY RECONTRUST 2380 Performance Dr, RGV-D7450 TX 75082 Richardson, WHEN RECORDED MAIL TO: HOME LOANS, INC COUNTRYWIDE WAY SV-35 400 COUNTRYWIDE SIMI VALLEY, CA 93065 DEPT Atto.- FORECLOSURE TS No. 08-01002" Title Order No. 3871"5 APN No. 407-27-016C

RECORDS OFFICIAL TITLE FIRST AMERIM

Uayevi-Trujille,

Recorder
YAVAPAI COIMTY SUTR INS

B-4641
U12312M
14.00

P-252
e3:5V 42SSM

OF

=II j kV9
SUTR

P-252 of 2
4266293

SUBSTITUTIONOFTRUSTEEARIZONA
The undersigned beneficiary hereby appoints RECONTRUST COMPANY c TX 75082, SUCCESSOR TRUS TF'E; &CE th RGV-D7450 Richardson, ftr ANDREW C. BAILEY, AN UNMARRIED MAN AND CONSTELEC'U UNMARRIED WOMAN, as trustor(s), in which MORTGAGE and FIDELITY SYSTEMS, INC., is named beneficiary, ARIZONA CORPORATION, as original trustee, and Recorded on Arizona, as Instrument Number 4134299, Book 4504, Page 23 1,
property as

2AG@qrmk*

Dr, by

CO. AN County; trust

SEE ATTACHED

EXHIBIT A

LEGAL

DESC

RECONTRUST COMPANY HAS BEEN AS QUALIFIES RECONTRUST COMPANY SECTION ARIZONA REVISED STATUTES CORPORATION REGULATED BY THE OFYIq OF THRIFT TO THE FEDERAL HOME LOAN BANK BOA@D.,,,"'

OR TRUSTEE. ST DEED UNDER A. 5., BECAUSE IT IS A SUPERVISION (OTS), SUCCESSOR

'j
DATED: 09/19/2008

C/'

REGISTRATION

SYSTEMS,

State of.

TAM

GWNwd
,

Assistant

Secretary

f6regoing ins

personally appeared (or proved to me on the oath of to be the person whose name is subscribed to the that he/she executed the same for the purposes and to me
el"
p, G
C

Alq

go'tary Publ' Form azsub (08106)

impact

WLM;

r@%rn TAI
Q)

Ana
FIRST

Uayman-Trujillo,
RECORDS TITLE OF INS
AMERICAN

Recorder
YAVAPAI
NTS COUNTY

B-4623

P-253

OFFICM

STED BY: RECONTRUST COMPANY 2380 Performance Dr, RGV-D7-450

03iSOP 09/2312006 4265284 14.00

111111

Hill

11111

11111

ON

1111

1111111

III

11111

31 101

8@4623 P-253 Page: i of 3

NTS

Richardson, TX 75082 WHEN RECORDED MAIL TO: HOME LOANS, INC COUNTRYWIDE
WAY SV-35 400 COUNTRYWIDE 93065 SIMI VALLEY, CA Attn: FORECLOSURE DEPT TS No. 08-0100290 Title Order No. 3871995 AFN No. 407-27-016C

4265284

NOTICE OF TRUSTEE'S SALE ARIZONA

certain Deed The following legally described trust property will be sold, pursuant to the power of sale under that 23 1, in the records of of Trust Recorded on 05/04/2007, as Instrument Number 4134299, Book 4504, Page Old Yavapai County Yavapai County, Arizona, at public auction to the highest bidder: On the front steps of the I 1:00 AM of said day. Courthouse, facing Gurley Street, Prescott, AZ. on 12/29/2008 at SEE ATTACHED EXHIBIT
A
-

LEGAL DESCRIPTION.

APN No. 407-27-016C

The Deed of Trust and/or Beneficiary provide the following purported property 2560 N PAGE SPRINGS RD, CORNVILLE, Yavapai County, AZ 86325-6122

location:

implied, Said sale will be made for cash (payable at time of sale), but without covenant or warranty, express or the remaining principal sum of the note secured by said Deed to pay regarding title, possession or encumbrances said Deed of Trust, which includes interest thereon as provided in said note, advances, if any under the terms of and expenses of the Trustee and of the trust created by said of Trust, interest on advances, if any, fees, charges Trustee will accept only cash or cashier's check for Deed of Trust. The original sum of the note is $425,000.00, the last day reinstatement or price bid payment. Reinstatement payment must be paid before five o'clock P.M on the sale, The Purchaser at the sale, other than the other than a Saturday or legal holiday before the date of beneficiary to the extent of his credit bid, shall pay the price no later than five o'clock P.M. of the following day, other than a Saturday Dr legal holiday.
,

Name and Address of Original Trustor: ANDREW C BAILEY, and CONSTANCE BAXTER MARLOW, AZ 86325-6122 N PAGE SPRINGS RD, CORNVILLE, Address of Current Trustee: RECONTRUST COMPANY, 2380 Performance Dr, RGV-D7-450 Name and INFORMATION CALL: (800) 281-8219 Richardson, TX 75082 FOR INFORMATION/SALE 400 MORTGAGE ELECTRONIC REGISTRATION, and Address of Current Beneficiary: Name WAY SV-3 5,, SIMI VALLEY, CA 93065 PHONE: (800) 669-6650 COUNTRYWIDE

2560

COMPANY QUALIFIES AS A RECONTRUST COMPANY IS THE CURRENT TRUSTEE. RECONTRUST TRUSTEE OF THE TRUST DEED UNDER ARIZONA REVISED STATUTES SECTION 33-803, SUBSECTION A. 5., BECAUSE IT IS A CORPORATION REGULATED BY T14E OFFICE OF THRIFT SUPERVISION (OTS), SUCCESSOR TO THE FEDERAL HOME LOAN BANK BOARD

Et*

@A

Form aznos (05108)

6-4623
Page'.
NTS

P-253
2

of 3 4265284

DATED:

September

19,2009 RECONTRUST As Trustee COMPANY

State

of-, of-.

lbm
WIN

BY: Mia Bowers, am Member

County

On

Rachel

K. VVaPMS

personally appeared

or throu foregoing instrument and acknowledged consideration therein expressed,

know to me (or proved to me on the oath of to be the person whose name is subscribed to the to me that he/she executed the same for the purposes and

Witness my hand and official seal,

/* @7)
14otary Public's Signattife
0@

PIP

'NMI

OBTAINED WILL THIS FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION THE DEBT SET FORTH ON THIS NOTICE WILL BE BE USED FOR THAT PURPOSE THIS OFFICE ASSUMED TO BE VALID UNLESS YOU DISPUTE THE DEBT BY PROVIDING OF YOUR RECEIPT OF 30 DAYS WITH A WRITTEN NOTICE OF YOUR DISPUTE WITHIN THE BASIS OF YOUR DISPUTE. IF YOU DISPUTE THE THIS NOTICE, SETTING FORTH VERIFICATION OF THE DEBT IN WRITING WITHIN 30 DAYS, WE WILL OBTAIN AND MAIL DIFFERENT THAN DEBT TO YOU. IF THE CREDITOR IDENTIFIED IN THIS NOTICE IS NAME AND ADDRESS YOUR ORIGINAL CREDITOR, WE WILL PROVIDE YOU WITH THE IN WRITING WITHIN THIS INFORMATION OF THE ORIGINAL CREDITOR IF YOU REQUEST
30 DAYS.