B. RELEVANT FACTUAL BACKGOUND (the real history)

9/23/05 Gates executed pro~nissory note &trust deed to Washin~on Mutual Bank. FA (ver.complt. Exh A-5-34 the note onlv had his signature - not t h e e "Cindy Riley to DB St~uctured Products, Inc."robostarn WaMu was the loan servicer; Gates does not know when the endorse~nent was stamped on---or by whon Gates made monthly payments to WaMu until it transferred loan servicing rights to GMAC on 9-1 -08

1/17/08 Andrew Beal-sensi~~g WaMuiCountrywide were failing created MGC to buv loan servicing rights (Ex D Beal seized the opportunity to buy servicing rights from CW & WaMu loans from GMAC sub-service1 MGCIBeal hired FISERV to install servicing platform & create a new loan servicing o~era t ioq (Ex E Beal knew manv securitized toxic loans were defaultine & intended to foreclose & acauire the ~ronertie - & .

Beal knew trustee Deutsche National Bank had abandoned securitized loan pools & its certificate llolder Beal intended E M o r t r a x e to be a pretendlender whiles MGC senricer foreclosed to steal the homes Beal could then steal for&losed when his trustees "conveyed" homes to his LPP Mortgage

9/1/08 WaMu. ready to file BK transferred loans to DB and loan sewicing rights on Gates' loan to GMAC WaMu dumped loans & loan servicing rights so when it filed BK asscis wouldn't be on balance sheets

9/25/08 OTS seized WaMu;FDIC sold it to JPMorgan Chase;WaMu filed bankruptcy 9/27/08 (ver.complt Ex I)

10/1/08 Gates made his first mortgage payment to GMAC rather than WaMu and continued paying to 5/1/09

12/29/08 GMAC gets S5 of $700 billion TARP $ to help distressed homeowners under HAMP program (Ex Fl

5/06/09 Gates' homc burns-Jesusita fire; tenants relocated; Gates tells GMAC he lost renters & can't Day

5/21/09 GMAC gets $7.5 + $3.8 billion 12/30/09 (total $16.3 TARPP) with HAMP funding conditions (Ex F1) 2 weeks GMAC can't foreclose a defaulting debtor like Gates due to TARPIHAMP distress prohibitions (Ex F2

later) GMAC works a "deal with Beal" to unload Gates' "loan servicing" as HAMP rules prohibit foreclosinp Beal can foreclose Gates' home since Beal Bank did not get TARP $--he had too many billions in cash

i/12/09 MGC fabricateslrecords 2 assignments: 1)- to DP [back-dated to 8-30-06 before WaMu filed BK] 5 weeks and 2)DP to LPP Mortgage [back-dated to 3-1 6-09 before Gates' home burns) (ver.comp1t.Exh.B) after fire) Note: although recorded 4 days before Gates got notice of change in loan servicer from GMAC to MG(

the purported sale date of the "master loan purchase" is 8-22-08 (4 weeks before WaMu filed BK)

5/16/09 4 days later GMAC/MGC both notify Gates on the same dav that MGC is new loan servicer (Ex G) 4 days later) 1-9-09 7 weeks after MGC buys servicing of Gates loan Beal moves to foreclose and take Gates' home (Ex H 7 wks later)

Usine LPP as prelmd lender & MGC to foreclose Beal's net income iumped $559 million in 2009 (Ex I:

Beal has operated LPP Mortgage since 2000, gaining inside information from Wall Street buddies who

.egularly borrowed from Beal Bank that WaMu and Countrywide would collapse in 2008. Real knew trustees ha(

~bandoned trusts after being paid commissions, default swap payoffs, short payoffs, and government bailoilt fund

3eal cut deals with trustees to buy servicing rights to pool loans intending to convert properties he'd foreclose on

3eal's buddy brokers at DB Structured Products, Inc. sold Beal trust notes WaMu had endorsed in blank (per the

'&S agreement) after stamping DB Structured Products, Inc after the words pay to on those blank endorsements.

RZPLY to Oppasltlon (by MGC-LPP-LAC, to P r e l i m i n a r y Injunction

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