Affidavits of Title_EXECUTED_06 26 2015

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AFFIDAVIT RELATII,IG TO TITLE. UNDER M.GI,. CHAPTER 183. SECTJON sB Property Address: 80 Bradford Drive, Feeding Hillso Massachusetts 01030 I, Tim A. Bryant, being duly swom, do hereby depose and swear of my own personal knowledge as follows: 1.) At all times described herein, I, together with my lawful spouse, Michelle M. Bryant, as husband and wife, and Tenants by the Entirety, have and continue to be, the lawful, record owner of the premises at 80 Bradford Drive, Feeding Hills, MA ("the premises", "the propertlr", or "our home", as the case may be) by virtue of a deed, dated August 2A,2004, recorded on the same day, at the Hampden county Registry of Deeds ("the Registry"), in Book 14429, on Page 76. 2.) We have maintained continued possession and continuous occupancy of the Property as our residence since said purchase. 3.) I obtained a refinance mortgage loan for 5228,000.00 for 30 years, secured by our home (as evidenced by the promissory note and mortgage, collectively "mortgage loan"), from countrywide Home Loans, Inc., on September 23, 2005. 4.) The mortgage was recorded at the Registry on September 28,2005, in Book 15365, on Page 423,inthe name of Mortgage Electronic Registration Systems, Inc. ("MERS"), as "Nominee" for Countrywide Home Loans, Inc. ("Countrywide"). The said mortgage recorded in the Registry is defective, as I was the only party designated by Countrywide to execute the mortgage documents. At no time did Michelle M. Bryant execute any of the mortgage

description

Bryant affidavit of title under Massachusetts General Law

Transcript of Affidavits of Title_EXECUTED_06 26 2015

  • AFFIDAVIT RELATII,IG TO TITLE. UNDER M.GI,. CHAPTER 183.SECTJON sB

    Property Address: 80 Bradford Drive, Feeding Hillso Massachusetts01030

    I, Tim A. Bryant, being duly swom, do hereby depose and swear of my ownpersonal knowledge as follows:

    1.) At all times described herein, I, together with my lawful spouse, MichelleM. Bryant, as husband and wife, and Tenants by the Entirety, have andcontinue to be, the lawful, record owner of the premises at 80 BradfordDrive, Feeding Hills, MA ("the premises", "the propertlr", or "our home", asthe case may be) by virtue of a deed, dated August 2A,2004, recorded on thesame day, at the Hampden county Registry of Deeds ("the Registry"), inBook 14429, on Page 76.

    2.) We have maintained continued possession and continuous occupancy of theProperty as our residence since said purchase.

    3.) I obtained a refinance mortgage loan for 5228,000.00 for 30 years, securedby our home (as evidenced by the promissory note and mortgage,collectively "mortgage loan"), from countrywide Home Loans, Inc., onSeptember 23, 2005.

    4.) The mortgage was recorded at the Registry on September 28,2005, in Book15365, on Page 423,inthe name of Mortgage Electronic RegistrationSystems, Inc. ("MERS"), as "Nominee" for Countrywide Home Loans, Inc.("Countrywide"). The said mortgage recorded in the Registry is defective,as I was the only party designated by Countrywide to execute the mortgagedocuments. At no time did Michelle M. Bryant execute any of the mortgage

  • 5.)

    6.)

    7.)

    8.)

    e.)

    loan documents.

    Between the date of execution, September 23,2005, and the date ofrecording, September 28,2005, Michelle M. Bryant's name was hand typedonto the executed mortgage by an unknown party, as evidenced on pages 1,10, and 11. Her signature was added to the mortgage by unknown means, onpages 10 and 11, as well.

    Michelle Bryant's initials were added to pages I-2,4-9, and page 11 of themortgage. Tellingly, those initials appear nowhere on page 3. The initials onpage 2, appear to have been added by attaching documents to create a singleone.

    At no time, did Countrywide, nor MERS, ever disclose the terms of thenominal relationship of the parties, nor was it ever disclosed that neitherparty had any intention of abiding by the recording laws of theCommonwealth of Massachusetts, against the strict terms of the recordedmortgage's applicable law clause.

    At no time did Countrywide, nor MERS, ever disclose that the mortgagewas intended to be a Document of Title, as defined in the MassachusettsUniform Commercial Code, and governed by Article 7. The word"mortgage" as describing the documento does not match the reality of whatit actually is.

    At no time did Countrywide, nor MERS, ever disclose that a third-party,MERSCORP, Inc. ("MERSCORP") would hold the mortgage, as aDocument of Title, in bailment, and transfers of rights, titles, and interests,were to be transferred not by recording in the Registry under the applicablelaw of the document, but by MERSCORP's proprietary trademarked MERSSystem. This was done even though the MERS SYSTEM TERMS &CONDITIONS, Clause 6, specifically forbid this practice.http s : //www.mers inc. org/j o in-mers/mers-re si denti al

    10.) MERSCORP was never a party to the mortgage, but surreptitiously

  • controlled and reissued the mortgage in an alternative, electronic form, asevidenced by the Mortgage Identification Number ("MIN") attached to thetop of the document. This MIN allowed numerous undisclosed parties totransfer interests in the property, against the applicable law governing the"mortgage", and creating a clouded title to the property. None of the partieswho owned or held the note and mortgage, have recorded their interests inthe Registry for as long as the mortgage was recorded in MERS'name.

    11.) At no time did MERS ever disclose their Governing Documents, nor theirElectronic Tracking Agreements ("ETA"s) which show that MERS, norMERSCORP, were ever granted authority to hold any right, title, or interestin any properly registered on the MERS System. In fact, MERS wasspecifically forbidden, by their own MERS SYSTEM TERMS &CONDITIONS, Clause 2, fromhaving any rights to any mortgaged propertyregistered on MERS, and from asserting any such rights. As such, themortgage is defective, as MERS did not have the legal capacity to enter intoa binding contract, with me, nor any other borrower.

    12.) Countrywide Home Loans, Inc, ceased to exist as of July 1, 2008http://www.sec.gov/Archives/edgar/datal251911000095014408005376/g14113k2e8vk.htm , yet MERS continued to claim to be the "nominee" fordefunct Countrywide Home Loans until an Assignment of Mortgage, datedMay 16,2011, and recorded in the Registry on May 19,2011, in Book18776, Page 128. This assignment was from MERS to BAC Home LoansServicing, L.P. ("BAC"), flkla Countrywide Home Loans Servicing, L.P.The address stated for BAC is not its address, but that of Wells FargoCorporate Trust Offices in Columbia, Maryland.

    13.) This assignment was created, executed, and recorded by employees of BACHome Loan Servicing, not MERS. There is no evidence on its face of anydual agency of the employees, for this assignment, nor is there evidence thatMERS executed this assignment at all, within and under their corporateauthority. Considering that MERS no longer had an office in Ocala, Floridaat the time of the recording, it is doubtful it was under its corporateauthority.

  • 14.) This assignment claims to convey all beneficial interests in the mortgage,note, and obligations. In the mortgage, MERS claimed to hold "LegaITitle"only. No evidence exists that MERS has ever held any beneficial interests inthe mortgage, note, or obligations, or explanation as to how it would havecome into the possession of such. Because of this all subsequentassignments, which claim to convey these same interests in the note andmortgage, are defective.

    15.) On April 17,2012, Bank ofAmerica, N.A. as successor by merger to BAC,recorded an Assignment of Mortgage in the Registry in Book 19212, Page475, and dated April 10,2012, claiming to assign the note and mortgage,and the "claim secured thereby", to HSBC Bank USA, N.A., as Trustee forGSAA Home Equity Trust 2005-15 clo Bank of America (a New York trust).As the Closing Date ofthe trust was December 29,2005, this trust cannot,by the applicable law of the trust, accept an "unqualified" mortgage, indefault, per the terms of the trust's Pooling and Servicing Agreement, filedwith the SEC. The assignment is void by operation of law, under N.Y. EPT.LAW S 7-2.4: NYCode - Section 7-2.4: Act of trustee in contravention oftrust, which states;

    "If the trust is expressed in the instrument creating the estate of the trustee,every sale, conveyance or other act of the frustee in contravention of thetrust, except as authorized by this orticle and by any other provision of law,is void."

    http://codes.lp.findlaw.com/nvcode/EPT/7/2/7-2.4#sthash.v0YPuRMv.dpuf

    16.) OnAugust 19, 2013, Bank ofAmerica inexplicably recorded anotherassignment claiming to again assign the mortgage, note, and obligations toNationstar Mortgage,,LLC when it had already claimed to assign all theseinterests ayear earlier to HSBC Bank USA, as Trustee for GSAA HomeEquity Trust 2005-15. This Assignment of MortBage, dated July 30, 2013, isrecorded in the Registry in Book 19977, Page 594. As Bank ofAmerica hadpreviously assigned all of their interests to another party, this assignment is

  • a nullity.

    17.) Nationstar Mortgage,LLC recorded a Certification Pursuant toMassachusetts 209 CMR I8.2IA(2X c) in the Registry reciting thisassignment, as part of its chain of title but failing to explain how it waspossible with the un-contradicted prior record assignment.

    18.) On December 7,2005, GS Mortgage Securities Corp ("GSMSC"), filed aForm 8-K, dated, November 29,2A05, with the United States SecuritiesExchange Commission ("SEC") claiming to be the owner of loan #t14726037.vfww.sec. gov/Archives/edgar/datal80764 V0000905 1 48-05-0059 I 5.txtNeither Countrywide, nor MERS, had any claim to the mortgage loan, yetMERS continued to claim to be the nominal mortgagee for Countrywide inthe Registry. GSMSC also had their Massachusetts Foreign CorporationCertificate revoked in 1999, and never had the authority to transact businesswithin the Commonwealth of Massachusetts.

    19.) GSMSC purchased all right, title, and interest in the mortgage loan fromGoldman Sachs Mortgage Company ("GSMC"), per Form 42485, filed withthe SEC on December 8, 2005. MERS continued to claim to be the nominalmortgagee for Countrywide in the Registry. GSMC did not have authority totransact business in the Commonwealth of Massachusetts until 2013.

    20.) Countrywide sold "all of Countrywide's right, title and interest, excludingservicing rights, in and to those certain mortgage loans" to GSMC, asevidenced by the MASTER MORTGAGE LOAN PURCHASEAGREEMENT, dated as of July 1,2004, by and between CountrywideHome Loans, Inc., and Goldman Sachs Mortgage Companywww. sec. gov /Archives/ed garldatal 1 3 8663 7/000 I I 442 0407008 3 8 0/v065778 ex99-2.htm

    21.) Servicing "rights" were not a negotiated right under the note or mortgage,nor were they a stated interest as part of the mortgage loan, nor given

  • consideration for interests in the property as collateral security for.Nationstar Mortgage, nevertheless, placed a lien on the property by way ofassignment from Bank ofAmerica, based on aMORTGAGE SERVICING RIGHTS PURCHASE AND SALE AGREE-I\4ENT, Dated and effective as of January 6,2AI3, by and between Bank ofAmerica and Nationstar Mortgage.http://www.sec.gov/Archives/edgar/datal1520566/090119312513009512/d46l579dex2L.lrtm This Assignment of Mortgage, dated July 30, 2013, isrecorded in the Registry in Book 19977, Page 594. This recording hascreated a cloud on our title.

    22.) In a Januaryll,2Al3 response to my Qualified Written Request toSpecialized Loan Servicing,LLC, it states on page 2 that the CurrentCreditor was :

    Morgan Stanley Mortgage Capital Holdings,LLCc/o Speci alized Loan Servicing, LLC8742 Lucent Blvd, Ste 300Highlands Ranch, CO 80129Phone: 1-800-3 15-4757

    23.) No documents have been recorded in the Registry showing this entityholding any right, title, or interest in the mortgage loan, nor has any partyexplained how it received such interests, and what has been the dispositionof them, since.

    24.) I have attempted to have the parties correct the chain of title on multipleoccasions, and through the use of multiple law firms. To this day, no pa{;,other than myself, the party who gave the property's title as collateralsecurity for a loan, have made any efflort to correct the clouded title, whichhas destroyed the sole purpose of the mortgage loan, and has rendered itcommercially unreasonable.

    25.) Each fictitious assignment of the note and mortgage, was given and receivedthrough criminal misconduct of bank offrcers, employees, and agents, in

  • violation of Massachusetts General Law Chapter 266, Section 35A.

    26.) Each fictitious assignment of the note and mortgage, which were recordedin the Hampden County (MA) Registry of Deeds, were made throughcriminal acts of bank officers, employees, and agents, in violation ofMassachusetts General Law Chapter 267, Section 1.

    27.) Each fictitious assignment of the note and mortgage, which were recordedin the Hampden County (MA) Registry of Deeds, were uttered throughcriminal acts of bank officers, employees, and agents, in violation ofMassachusetts General Law Chapter 267, Section 5.

    28.) Each fictitious assignment of the note and mortgage, which were recordedin the Hampden County (MA) Registry of Deeds, were created, uttered, andpassed as true, through criminal acts of bank officers, employees, andagents, in violation of Title 18, Chapter 25, Section 5 14 of the United StatesCode.

    29.) For all the foregoing reasons, but not limited to, I rescinded the mortgageloan contract by letter, dated June 12,2015, mailed on June 15,2015 bycertified mail, return receipt requested at the United States Post Office inFeeding Hills, MA legally effective on mailing in accordance with the TruthIn LendingAct, 15 U.S.C. Section 1635 and the Supreme Court's January13, 2015 decision in JESINOSKI et al v. Countrywide Home Loans Inc. et

    ).

    30.) Foreclosing on my property following a valid loan rescission is a furtherfact nullifuing any purported exercise of the statutory power of salecontained in our mortgage.

    al.(

  • Subscribed to, and sworn, under the pains and penalties of perjury, this a/" dayofJune, 2015

    Signed:TimA. Bryarl

    COMMONWEALTH OF MASSACHUSETTSHampden County, ss.

    On this e( " day of June 2015 before me, the undersigned notary public,personally appeared Tim A. Bryant, who proved to me through Y(mark an X) satisfactory evidence of identification, which was his driver'slicense(s) or was/were

    _

    (mark an X) known to me to be the person(s) whosigned the preceding document in my presence, and who swore or affirmed to methat the contents of the document are truthful and accurate to the best of hisknowledge and belief.

  • Affidavit

    I, Michelle M. Bryant, property owner of 80 Bradford Drive, Feeding Hills, MA01030, state under oath:

    1. I have personal knowledge of the statements of fact on this duyifohnn"2015. Under oath that the documents attached is not my signature or my initialsand are forged on a mortgage ("the mortgage") dated September 23,2005, andrecorded at the Hampden County (MA) Registry of Deeds, on September 28,2005,in Book 15365, on Page 423,in the name of Mortgage Electronic RegistrationSystems, Inc. ("MERS"), as'Nominee" for Countrywide Home Loans, Inc.("Countrywide").

    2. I have personal knowledge of the statements of fact on this dapfuQJune2015. Under oath that the I never signed this mortgage and is not my signature ormy initials and are forged on the mortgage.

    3. The mortgage is a forgery of my signature and initials. My signature andinitials have been forged using my name and initials.

    4. I, have never signed and initialed second mortgage in the name of MortgageElectronic Registration Systems, Inc. ("MERS"), as'T.{ominee" for CountrywideHome Loans, Inc. ("Countrywide"), along with my husband, Tim A. Bryant.

    Subscribed to, and sworn, under the pains and penalties of perj ury,tnirC$tuyofJune,2015

    elle M.

  • COMMONWEALTH OF MASSACHUSETTS

    Hampden County, ss.

    On this eUpersonally appeared

    day of June 2015 before me, the undersigned notary public,Michelle M. Bryant, who proved to me through

    (mark an X) satisfactory evidence of identification, which was her driver'slicense(s)orwas/were-(markanX)knowntometobetheperson(s)who signed the preceding document in my presence, and who swore or affirmed tome that the contents of the document are truthful and accurate to the best of herknowledge and belief.

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