Affidavit of Fact
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Transcript of Affidavit of Fact
AFFIDAVIT OF JOSEPH R. ESQUIVEL JR.
I, Joseph R. Esquivel Jr, declare as follows:
1. I am over the age of 18 years and qualified to make this affidavit.
2. I am a licensed private investigator of the State of Texas, License #A18306, and make
this affidavit based on my own personal knowledge. I have no direct or indirect interest in the outcome
of the case at bar for which I am offering my observations. I am available for court appearances, in
person or via telephone, for further clarification or explanation of the information provided herein, if
necessary.
3. I have personal knowledge and experience in the topic areas related the securitization of
mortgage loans, derivative securities, the securities industry, real property law, Uniform Commercial
Code practices, predatory lending practices, Truth in Lending Act requirements, loan origination and
underwriting, accounting in the context of securitization and pooling and servicing of securitized loans,
assignment and assumption of securitized loans, creation of trusts under deeds of trust, pooling and
servicing agreements, issuance of asset-backed securities and specifically mortgage-backed securities
by special purpose vehicles in which an entity is named as trustee for holders of certificates of
mortgage backed securities, the economics of securitized residential mortgages, appraisal fraud and its
effect on APR disclosure, the foreclosure process of securitized and non-securitized residential
mortgages in both judicial and non-judicial states, and the various forms of foreclosure-related fraud.
4. I perform my research through the viewing of actual business records and Corporate/Trust
Documents. I use specialty licensed software ABS Net and other professional resources to view these
records and documents. I have the training, knowledge and experience to perform these searches and
understand the meaning of these records and documents with very reliable accuracy. I am available for
court appearances, in person or via telephone for further clarification or explanation of the information
provided herein, or for cross examination if necessary. I have examined the following documents;
A. Deed of Trust pertaining to the Note of John Doe in the amount of $229,800 made payable to
American Mortgage Network, Inc.
B. A document purported to be an “Assignment of Deed of Trust” dated February 17, 2013
pertaining to John Doe
C. Documents filed into court record pertaining to Security Instrument that is detached from Note
in the amount of $229,800 pertaining to John Doe
D. Voluntary Lien Search pertaining to the Transaction Details for 1234 Any Street, Any Town,
USA 12345 which includes all publicly recorded documents filed at the (Your County) County
Recorder Office.
5. I have performed an investigation and determined through records I have seen, available in
public and through professional sources that Federal National Mortgage Association is the owner of the
John Doe Intangible Obligation and made that acquisition on or before the closing date for the FNMA
2007-029 Trust. Those same documents shows Your Servicer is the servicer of the John Doe Intangible
Obligation for FNMA 2007-029 Trust.
6. Upon reviewing the public records filed at the County Recorder’s office I did not see Federal
National Mortgage Association listed into public record as Nominee or Beneficiary for the John Doe
Security Instrument.
7. I have inspected the document purported to be be an “Assignment of Mortgage” dated January
4, 2008 recorded January 4, 2008 in the Official Records of (Your County) County, USA ins#
987654321( See exhibit “C” attached within) This document purported to be an “Assignment of Deed
of Trust” has on its face issues which cause this document to be invalid as an Assignment of the
Coello-Pagan Mortgage.
8. Because Your Servicer is the servicer of the John Doe Intangible Obligation for Fannie Mae.
The document purported to be an “Assignment of Deed of Trust ”dated January 4, 2008 a violation of
15 USC Chapter 41 § 1641(f) has occurred and the document purported to be be an “Assignment of
Deed of Trust”dated January 3, 2008 is invalid as an Assignment of Mortgage .
15 USC Chapter 41 § 1641(f) Treatment of servicer
(1) In general
A servicer of a consumer obligation arising from a consumer credit transaction shall not be
treated as an assignee of such obligation for purposes of this section unless the servicer is
or was the owner of the obligation.
(2)Servicer not treated as owner
on basis of assignment for administrative convenience
A servicer of a consumer obligation arising from a consumer credit transaction shall not be
treated as the owner of the obligation for purposes of this section on the basis of an
assignment of the obligation from the creditor or another assignee to the servicer solely for
the administrative convenience of the servicer in servicing the obligation. Upon written
request by the obligor, the servicer shall provide the obligor, to the best knowledge of the
servicer, with the name, address, and telephone number of the owner of the obligation or
the master servicer of the obligation.
The above statements are affirmed by me under penalty of perjury under the laws of the State of Texas
to be true and correct to the best of my knowledge and belief, are based on my own personal
knowledge, and I am competent to make these statements.
FURTHER THE AFFIANT SAYETH NAUGHT
By ____________________________________ Executed on _____________________
Joseph R Esquivel Jr
Mortgage Compliance Investigators # A18306
STATE OF TEXAS )
)
COUNTY OF TRAVIS )
Subscribed and sworn before me, ________________________________,
Notary Public, on this _____________ day of _______________, 2013 by
_____________________________________________, Proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me. WITNESS my hand and official seal.
_____________________________________________
Notary Public