QuickAdminProcessDocs 082210

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Quick Administrative Process Plus Court Enforcement Process DELETE BLUE COMMENTS BEFORE PRINTING (last revised 10/18/2010) Step by step document guide Keep in mind you may need legal counsel on some portions of this processes as needed. Consider also incorporating this inexpensive program http://livingfreeandclear.com/selflegal It could prepare you better and help save a lot in legal fees. Then you can decide if you need legal help. Get legal help when needed. Either way it is essential you are the one directing the process. Other processes are likely NOT needed if using this streamline approach. Tools or techniques such as payments with a bonded promissory note, more elaborate notary acceptor processes, accepted for value (A4V), mortgage fraud complaint to the government, or secured party creditor training are generally NOT part of this plan, if using this stand alone process. If you wish to add those other processes, do so based on your own understanding and study elsewhere. Support is generally not provided on those other processes when following this process. URGENT REMINDER: If facing foreclosure, FIRST use the “Stall or Stop Foreclosure” tools to buy necessary extra time to do these processes. Also note, to get the best results, you will use these letter as a way to assemble evidence first. Make the lender prove standing. These are the most likely steps: 1. File the admin letters to establish evidence, and prepare a case on your own. Do NOT hesitate to start this process now. You will have time to study while this process plays out. 2. Part 2 of your evidence development, it to have the proper “live investigator” forensic audit performed, and be sure it includes an appraisal audit and SEC audits as well. Most audits do not feature that. Also be sure they are willing to give you a plan of action and direction. Again, most audits alone to do not accomplish this, but as a LFC mortgage freedom member, the audit providers go the extra step of helping with the recommendation. 3. (RECENT UPDATE) Have a local attorney or professional negotiator negotiate a “Recast and Restructure - rate and term change”. A well designed offer has resulted in 20% to 80% Principal reduction, and subsequent payment adjustments, all out of court. This is the desired result for most people I this process. If

Transcript of QuickAdminProcessDocs 082210

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Quick Administrative Process Plus Court Enforcement Process

DELETE BLUE COMMENTS BEFORE PRINTING (last revised 10/18/2010)

Step by step document guide

Keep in mind you may need legal counsel on some portions of this processes as needed. Consider also incorporating this inexpensive program http://livingfreeandclear.com/selflegal It could prepare you better and help save a lot in legal fees. Then you can decide if you need legal help. Get legal help when needed. Either way it is essential you are the one directing the process.

Other processes are likely NOT needed if using this streamline approach. Tools or techniques such as payments with a bonded promissory note, more elaborate notary acceptor processes, accepted for value (A4V), mortgage fraud complaint to the government, or secured party creditor training are generally NOT part of this plan, if using this stand alone process. If you wish to add those other processes, do so based on your own understanding and study elsewhere. Support is generally not provided on those other processes when following this process.

URGENT REMINDER: If facing foreclosure, FIRST use the “Stall or Stop Foreclosure” tools to buy necessary extra time to do these processes. Also note, to get the best results, you will use these letter as a way to assemble evidence first. Make the lender prove standing.

These are the most likely steps:

1. File the admin letters to establish evidence, and prepare a case on your own. Do NOT hesitate to start this process now. You will have time to study while this process plays out.

2. Part 2 of your evidence development, it to have the proper “live investigator” forensic audit performed, and be sure it includes an appraisal audit and SEC audits as well. Most audits do not feature that. Also be sure they are willing to give you a plan of action and direction. Again, most audits alone to do not accomplish this, but as a LFC mortgage freedom member, the audit providers go the extra step of helping with the recommendation.

3. (RECENT UPDATE) Have a local attorney or professional negotiator negotiate a “Recast and Restructure - rate and term change”. A well designed offer has resulted in 20% to 80% Principal reduction, and subsequent payment adjustments, all out of court. This is the desired result for most people I this process. If they will not give you what you want there, go to step 4.

(NEW OPTIONAL SECTION) – NO LETTER EXAMPLE PROVIDED, BUT DRAFT ACCORDING TO THESE TERMS. SEND A LETTER SUGGESTING YOUR WILLINGNESS TO MITIGATE PRIVATELY PRIOR TO LITIGATION PROCEEDINGS.DRAFT WITH SUPPORTING DOCUMENTS, AND HAVE A LOCAL ATTORNEY SEND FOR YOU OR REDRAFT TO THEIR LIKINGS.

TERMS YOU ARE SEEKING:

A. PROVE STANDING AND THE DAMAGED PARTY (REF ADMIN PROCESS LETTERS). THEY MUST SHOW THEY ARE THE PROPER CREDITOR/ OWNER IN DUE COURSE, WITH THE RIGHT TO MAKE CLAIM OF A DEBT. THEY MUST SHOW ALL ASSIGNMENTS AND REQUIRED PUBLIC UCC ASSIGNMENTS.

B. MAKE THEM PROVIDE RECORDS OF THE HANDLING AND ACCOUNTING OF THE PROMISSORY NOTE AND REVEAL ALL PROFITS GENERATED, INDICATING THEY HAVE GENERATED PROFITS FOMR THAT NOTE AND HOW MUCH. MAKE THEM EXPAIN WHY THOSE PROFITS WERE NOT SHARED WITH THE CREDITOR WHO ORIGINATED IT.

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IF THEY CANNOT PROVE STANDING AND PROVIDE THIS DOCUMENTATION, DEMAND THE MORTGAGE BE RELEASED AND SETTED AS PAID IN FULL.

You may want to draft this, and have an attorney send it for you, just give it weight. Of course show the previous documents generated at attachments, especially if you also filed a complaint or counter claim in court. Show them you are serious, but will to talk.

GOAL: to remove the mortgage if they do not have a claim, or at least a serious principal reduction and favorable terms.

4. File a case (SUIT) in Federal court (or county court in many cases –the fastest way us to use the bankruptcy court – which will also stop the foreclosure). Don't worry though, if you make the lender prove standing, and they cannot, this may get the BK dismissed and the mortgage settled/satisfied.

5. You may be directed by your attorney to file suit against the lender or use the Federal court or BK court to submit the audit while you also demand the lender prove their claim and prove proper securities assignments, as demanded in the admin letters. This is typically something the lender does NOT want seen in court. Be sure your legal advisor knows this is your position and process. YOU direct the process.

6. File a quite title action (see example document)

PREPARATION: We suggest you complete the Mortgage Settlement Preparation Worksheet before starting these documents. You need every field accounted for, prior to beginning the doc prep process. You can then simply COPY and PASTE your completed data into the software or documents. Also we suggest you type up your own written action plan prior to starting.

When filing documents in court or filing a complaint (suit), we suggest you contact a local paralegal or attorney to review your paperwork plan and process, This will ensure you have the “local procedural things” covered. This will also save money. Of course, use an attorney if you feel necessary.

For your convenience in preparing these documents, most of the needed documents you will need in this process are in the ONE large MS-Word file. Just print the PAGE numbers you need, at the time you need print them.

These documents are also assembled to make using the FIND and REPLACE function in WORD or Open Office to edit docs. For example: FIND [OWNER NAME] , including brackets, and “replace all” with JIM SMITH

When done be sure to “SAVE AS” to save as a new document. DO NOT overwrite your original template. You may need the template for more than one loan case. Each existing mortgage/loan requires a separate set of documents prepared.

Remember the “silence is acquiescence” concept is definitely a part of what we do. BEWARE this can

back fire on you!

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If you do receive a “threat’ response (usually they are incomplete, or diversionary, and therefore

non responsive), you could reply with a letter stating:

I received a response re: Dates _________. However, it was considered a non-response according to the terms of the contract, which required an answer to all

counts, point by point, with documented proof.

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UPDATED SEP 2010

Complete these general steps (you can determine some of this on your own).Send all using Certified mail and keep delivery receipts, either green card or print out the online confirmation, for your record.

1. First letter to lender -in response to their suit or claim (even a regular mortgage bill is a claim, if not in foreclosure). Generally you should wait 30 days before sending letter 2 (can go as little as 14 days on letter #1 if needed).

2. Send Second Letter to lender (follow up). Generally wait 3 to 10 days for 3rd letter (or as you specify, it can be less).

3. File the Notice of Default and Cease and Desist (notifying the bank of its failure to respond properly). This is sent to lenders and agents at about the same time you file the court case. This also notifies the lender of your intent to take action and modify the deed of trust if needed.

4. File the Petition of Verification of Debt with the court, if you want to stop the lender from foreclosing in a local court. Let them know you have filed this. A local Paralegal or attorney may be able to guide you to getting this filed.

Then send a letter offering to mitigate based on your finding (NEW OPTIONAL STEP)

YOU MAY WANT TO WAIT ON STEP 4 UNTIL YOU COMPLETE THESE LETTERS in steps 1 - 3, and get the audit in hand. Then decide if you should first negotiate a “Recast and Restructure” rate and term change. It is best to have a professional negotiator OR YOUR ATTORNEY do this for you. You legal counsel may advise to file step 4 as leverage first, then negotiate. It is all about timing and leverage for your particular case.

Then if needed follow up with a suit and make the lender prove standing., and bring out the violations found in the audit. Also note, filing a bankruptcy in Federal court (under legal counsel of course), allows you to verify all debts, including making the lender prove standing. THIS is where you can win, IF you already have your administrative documents complete AND the proper type of audit to indicated lender flaws and/or assignment flaws. The lender has a serious problem proving legal standing if there were flaws in assignments or accounting. Quite often audits are finding out right forgery and fraud in those documents. The lender may likely try to even avoid having it heard in federal court, as the trends indicate. If urgent do this first and let foreclosing lender/and foreclosing trustee/attorney know in person, in order to attempt to stop the foreclosure action.

OPTIONAL: send the Credit Agency Letter now to better protect your credit. You can even send this at about the same time you actually file your court case above.

OPTIONAL: Also send a brief letter to your selling trustee (if an auction is pending), informing them the deed of trust is satisfied, and the matter will be brought up in court, as a result of this process. Let them know they too could become part of any legal actions if they ignore you. This was due to the bank not providing adequate proof of claim during this process. Declare the mortgage and note null and void due to this default, pending court action.REMEMBER: IF THE LENDER IS ESSENTIALLY “STOPED AT THE DOOR” because they cannot even prove standing and proper documentation, this may be a very quick court action in your favor. The key is to set up these circumstances with the administrative letter and the court filing.

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5. Finally you may need to file a Quite Title action in Federal court. Seek counsel on this. You may be able to prepare most of it with a Paralegal, but have an attorney to back you up, just in case. Just be sure they understand your thought process in this from beginning to end. YOU stay in charge, that is the key. Using our experienced professionals we list is also a key, as they understand that is going on better than most untrained local attorneys. This alone may save you money in legal fees.

AFTER THE FACT ACTIONS TO CONSIDER:

If they are still moving forward with foreclosure or action, show the selling trustee your documents immediately, especially your Civil Suit and Motion to Compel (counter claim). Inform them they will also be named in the action if their process continues. Then file this complain with the court, with the intent to follow through.

NOTE: If a recorder stops you from filing anything, use the processes suggested in the recorder’s section. Proceed to the legal filing, and start the suit, then file all these docs then as evidence if needed.

If they ignore you and foreclose anyway, you could also file a Complaint for “Wrongful Foreclosure” if you were previously foreclosed upon or if during final stages of foreclosure. Use the same process essentially, (SLIGHTLY MODIFEID FOR CONTEXT) and legal actions for Wrongful Foreclosure may still apply. Make them prove they had standing and that no fraud was involved.

Chapter 13 bankruptcy is also another option to stop things while you then complete this process. Then have the bankruptcy judge require the lender prove their claim well beyond just providing a standard B10 form.

If you need help, we suggest you have it drafted or at least legally reviewed. Consider prepaid legal for such routine reviews. http://prepaidlegal/hub/assets is our referral link. It is best to have this in place in advance of taking action.

A legal team who works with many of our students, can also be considered for advice or support. Additional fees apply. Get those links on the web site.

Additional steps such as commercial liens or governmental complaints can be used if they proceed to take the house. Other processes like that are now taught elsewhere, but can be an add-

on to this process. The bottom line is to compel a judge to order it “case closed” and get you either paid or have the mortgage removed. Many can get finality in that arena.

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FIRST LETTER TO LENDER (DELETE) – send to current lender and servicer if needed. Send directly using certified mail or notary acceptor is preferred. May also be modified as needed for foreclosure or non foreclosure situations. This is the foundational document on which all follow

up documents are based, keep that in mind.

ALICIA DENISE BADGERc/o Alicia Denise Badger1403 Massachusetts AveLynn Haven, FL 32444

DATE January 20, 2010TO: CEO Kevin Rodman Saxon Mortgage Services, Inc 3701 Regent Blvd Irving, TX 75063

RE: My request for inspection of MY WET INK ORIGINAL Promissory Note Name: ALICIA DENISE BADGER Property Address: 1403 Massachusetts Ave, Lynn Haven, FL 32444 Loan Number: 2000557929

CC: Wells Fargo Mortgage Services, PO Box 10335, Des Moines, IA 50306-0335

SUB: REPLY TO YOUR DEMAND OR NOTICE – FIRST NOTICE

Dear Saxon Mortgage Services, Inc, CEO Kevin Rodman,

I am in receipt of your Notice that (as Servicer) represents Wells Fargo Mortgage Services (hereinafter LENDER), the alleged holder of the above referenced loan. As acceptor of your offer to foreclose, I have the right to dictate terms (especially those protections I have under the law).

This letter will serve as notice as my acceptance of your claim upon presentment of the original unaltered note. ADDITIONALLY we require copies of all required Mortgage document assignments and required public recordings LISTED BELOW, proving you are the damaged party, the true creditor, and/or the true party in interest.

These documents should also include all of these evidentiary documents:1) Form S3 registration statement 2) Form 424(b)(5) prospectus (for the SEC) 3) Form FR 2046 balance sheets 4) Form FR 2049 balance sheets 5) Form FR 2099s balance sheets

This is the first requirement under the terms of this self executing agreement. As you know, upon payment, I am entitled to the original unaltered note and the above mentioned documents, so that it may not be re-presented by another alleged “debt collector.”

In recent cases brought by various banks, the courts have thrown out the complaints for failure by said banks to bring forward the Notes to prove up their claims and proof standing as the damaged party, and the original creditor and true party in interest. Consider the article by Bob Ivry of Bloomburg.com from which this short quote is taken:

U.S. District Judge David D. Dowd Jr. in Ohio's northern district chastised Deutsche Bank National Trust Co. and Argent Mortgage Securities Inc. in October for what he called their ``cavalier approach'' and ``take my word for it'' attitude toward proving ownership of the mortgage note in a foreclosure case.

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John Gallagher, a spokesman for Frankfurt-based Deutsche Bank AG said the bank had no comment.

Federal District Judge Christopher Boyko dismissed 14 foreclosure cases in Cleveland in November due to the inability of the trustee and the servicer to prove ownership of the mortgages.

Similar cases were dismissed during the past year by judges in various states including, Massachusetts, Kansas and New York.

http://www.bloomberg.com/apps/news?pid=20601109&sid=aejJZdqodTCM&refer=patrick.net

The judges in these cases know that to convene a court or award judgment without any basis whatsoever is not only a breach of their oath to be impartial, but conspiracy to defraud.

If you fail to claim (the full payment tendered), or fail to respond to this document with an affidavit, or if you provide a “non-response” letter, the consequences are that you are contractually agreeing to an ex-parte hearing, waiving all legal remedies or rights or litigation, and agree to the terms set forth below.

By failure to produce your standing that you are the holder in due course, you would necessarily agree that LENDER/AGENT’s claims were frauds, without any basis whatsoever. That would make your payoff demand letter a Counterfeit Security, backed by little or no evidence to the contrary. It would also mean you were engaged in a commercial trespass and fraud; therefore injuring me.

Therefore: I will conditionally accept your offer if in return you will agree to have your client LENDER/AGENTS immediately produce the original unaltered note AND all other documents listed above.

As a result of damages incurred for this fraud, you also agree to immediately pay me triple damages. That would be three times the original alleged note amount tendered. So, if you attempt to collect but fail to produce the original unaltered note of $120,000.00 and above mentioned Mortgage related documents, you agree to immediately pay me $360,000.00 Should you fail to immediately pay me $360,000.00 you agree to grant me Power of Attorney to handle this business on behalf of the beneficiary including all LENDER and AGENTS, and its senior officers as well as granting me a lien against all property held by you and the senior officers of all LENDER and AGENTS. You agree that I may collect by selling off your property without your protest and without further notice to you.

To insure that this agreement is fully binding: upon receipt of this agreement, (realizing that LENDER/AGENTS may not have the original unaltered note) you have (3) THREE days after receiving this notice to withdraw your claim by noticing ALICIA DENISE BADGER, at the above mailing location, that the claim of LENDER/AGENTS is null and void and that LENDER/AGENTS claim is withdrawn. Should you fail to withdraw the claim, having had notice and opportunity, you agree to be bound by the terms of this self executing agreement; agree not to proceed with any late payment claims or negative credit reporting, foreclosure, or court case, as I have made known my intent to tender full payment or else will have already tendered payment, and you agree to accept said terms as explained above.

You and the senior partners of Saxon Mortgage Services, Inc, as well as the CEO of ALL LENDER/AGENTS agree to be appointed fiduciaries with the mandatory duty to settle the claim upon receipt of this agreement, and immediately produce your public hazard bonds, so that I may enforce my claim upon your failure to produce the original note and proof of claim documents as required under the law.

The notified LENDER/AGENT agrees that a non-response or incomplete response with specific evidence of standing, which shall be deemed a non-response, would grant the original Grantor/Trustor of this

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TRUST AGREEMENT; ALICIA DENISE BADGER the right to act as or to appoint an agent of the beneficiary for removal of current power of attorney and subsequent appointment of successor trustee for the specific purposes of filing an Amendment of the Deed of Trust, and a Full Reconveyance of the original Deed of Trust, or filing a Satisfaction of Mortgage/ Release of Lien of the original Mortgage instrument, and modification of credit status of ALICIA DENISE BADGER on their credit. These actions will thus finalize the lender’s claim as satisfied in full.

I am the owner of certain real property located at the above address which is security for an alleged loan made by Coastal Community Bank to me. I am doing a verification of claim on this loan as I am entitled by law.

This response is due no later than 14 days after your verified receipt of this letter.

Again, failure to respond to this letter will be taken as an administrative default as per commonly accepted Administrative Procedures. Failure to produce these required documents will be taken as an administrative default.

Please be advised. An altered or unaltered copy of the Note nor an Affidavit of Loss or any other forms will not be acceptable.

Please contact me in writing to arrange for an appropriate point of inspection in Lynn Haven, Bay County, Florida.

Sincerely,

Alicia Denise Badger Authorized Representative for ALICIA DENISE BADGER

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SECOND LETTER TO LENDER – send to current lender and servicer if needed. Send directly using certified mail or notary acceptor as is preferred.

ALICIA DENISE BADGERc/o Alicia Denise Badger1403 Massachusetts AveLynn Haven, FL 32444

______________, 201__

Saxon Mortgage Services, Inc ATTN: Customer Service Department,3701 Regent BlvdIrving, TX 75063

Reference: Property Address: 1403 Massachusetts AvePREVIOUSL LETTER DATED: __________________, 201__

SUB: REPLY TO YOUR DEMAND OR NOTICE – SECOND NOTICE

Dear Saxon Mortgage Services, Inc,

I refer to your care package dated _____________, 201__

THIS IS YOUR SECOND NOTICE TO RESPOND. I wish to advise you that your negotiated instrument has been accepted for value upon proof of claim which may be substantiated by presenting the following debt and document details within 10 days of receipt of this Notice to the address listed above.

1) Proof of the existence of the account or contract in the actual flesh and blood name of ALICIA DENISE BADGERduly signed and witnessed by both parties, not a unilateral agreement and upon which signed page there is reference to the entire agreement.

Note: ALICIA DENISE BADGERis an artificial entity, a limited liability legal fiction trademark which constitutes valuable intellectual property and all rights, titles, and interests are reserved.

2) Proof of Claim that you are the current holder of the due course of the Original Above Mentioned Debt Instrument and it has not been sold to another party. I wish to have the aforementioned instrument presented to me for visual inspection as well as the other documents mentioned in the previous letter (enclosed). Not a copy, nor an affidavit, but the actual ORIGINAL WET INK SIGNATURE PROMISSORY NOTE plus the other listed documents. You are required by law to maintain good care of my legal instrument as per USC Title 18, Part 1, Chapter 101 § 2071.

3) Copy of the actual account whereby bank assay has occurred showing actual loss incurred of the alleged debt from your client. Please stipulate via an affidavit that you are a creditor of the note and have a right to claim a debt is owed as a damaged part in the Deed of Trust or Mortgage, in accordance to Generally Accepted Accounting Principles (GAAP).

Please be advised that I have filed suit (or replied with a counter claim is being sued) against Saxon Mortgage Services, Inc requesting presentment of my ORIGINAL WET INK SIGNATURE PROMISSORY NOTE and other listed Deed of Trust or Mortgage documents, with the CIRCUIT COURT OF THE [OWNER STATE] JUDICIAL CIRCUIT IN AND FOR [OWNER COUNTY] COUNTY, STATE OF [OWNER STATE], CIVIL DIVISION on ___________201__. Case # [CASE NUMBER]. I have previously given you 30 days to comply with my request to produce proof of claim, by presenting to me for visual inspection with the ORIGINAL WET INK SIGNATURE PROMISSORY NOTE and other listed documents. You will find the copy of the case enclosed. You were unable to comply with my request and as such have defaulted on your administrative remedy.

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As a matter of courtesy, I will further extend my request from this date for another 7 days for you to provide me with the proof of claim (expiring on ______________201__. You are hereby given notice that failure to produce proof of claim after this courtesy means you will have exhausted your administrative remedy and no further claim can be made against me nor my property.

Please Note: Incorrectly addressed mail shall be returned unopened and unread. Any or all correspondence from this point must be by mail only.

ALICIA DENISE BADGERdoes not authorize the recording of his voice at any time for any purpose nor does he consent to be contacted by telephone and shall enforce his copyright in all instances such as copyright infringement or trademark violation. No authorization for the use ALICIA DENISE BADGERis implied, granted or admitted.

ALICIA DENISE BADGERagrees to hold harmless Alicia Denise Badger, the natural flesh and blood human being, for all claims and liabilities under private contract between parties.

Sincerely,

Alicia Denise Badger (Upper low case name)Authorized Representative for ALICIA DENISE BADGER

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NOTICE OF DEFAULT ON THE LENDER

ALICIA DENISE BADGER1403 Massachusetts Ave

Lynn Haven, FL 32444____________201__

TO: Saxon Mortgage Services, Inc3701 Regent BlvdIrving, TX 75063

CC: MERSP.O. Box 2026Flint, MI 48501-2026

Re: 1403 Massachusetts Ave Loan Number: 2000557929

Deed of Trust: [DEED OF TRUST NUMBER]

NOTICE OF DEFAULT AND ORDER TO CEASE AND DESIST

Dear Saxon Mortgage Services, Inc,

Thank you for your recent response to my qualified written request for proof of claim. Your copy of the note and other listed documents was not what I had asked for as required by law, and I am hereby notifying you that you have exhausted your administrative remedy.

By your inability and unwillingness to stipulate that you are:

a. A Note Holder of Due Course.b. A Creditor of the Instrument as you can’t and have not provided GAAP book entry debit

evidence of the transaction (documented by the items listed in the First letter delivered to you on _____________201__.

c. A wet ink signature original note as required by law.d. A damaged party and that the alleged Deed of Trust or Mortgage is in fact valid with all

proper assignments and verification of accounting that an actual loan of money occurred, and it was entered into with full disclosure.

You have violated the requirements of TILA and by your actions provide prima facia evidence that you are attempting to collect money on the basis of fraud.

I filed a Notice of Default, Cease and Desist Notice and file legal actions as necessary on this property with the [OWNER COUNTY] County Recorder’s Office. Copies of these recorded documents enclosed.

Additionally we have or will order a forensic audit and further notify you of potential violations, and add those damages to any claims filed. Should these records indicate fraud or suggest legal actions, you will be given the opportunity to negotiate with us on an appropriate Recast and Restructure, rate and term change of the given alleged mortgage at that time. Let this serve as notice of this action pending and demand to negotiate.

You no longer have any claims over my property. You are hereby ordered to Cease and Desist any and all collection efforts and negative credit reporting.

You have 3 days to contest this notice, with specific evidence required, or forever release your claim.

Have a nice day.

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Sincerely,

Alicia Denise BadgerAuthorized Representative for ALICIA DENISE BADGER

Enclosures: Copies of the Cease and Desist Notice, and previous notices.

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DELETE: Consider filed in the court near the beginning of the process. Most agree it can be done at the same time the first letter is mailed to lender. This process can run simultaneously. Any

subsequent recordings can use this case information as reason for action and recording. Note this is most effective in Federal court. The quickest way to Federal court is via Bankruptcy (when you win it is released and attorney fees are paid by the loser). In that event use an attorney for the

proof of claim phase. ALSO if you had an SEC level forensic audit done, that evidence also greatly enhances the effectiveness of previous docs as your evidence and position.

IN THE CIRCUIT COURT OF THE [STATE] JUDICIAL CIRCUIT IN AND FOR [COUNTY] COUNTY, STATE OF [STATE]

CIVIL DIVISION

Date: CASE NO: __________________ALICIA DENISE BADGER1403 Massachusetts AveLynn Haven, FL 32444 PETITION FOR A VERIFICATION OF

Plaintiff, DEBT ELSE RELEASE OF CLAIM

Vs. NO VALUE

Saxon Mortgage Services, Inc3701 Regent BlvdIrving, TX 75063

DefendantCc:

PETITION FOR A VERIFICATION OF DEBTReference:Loan number: 2000557929Deed of Trust number: [DEED OF TRUST NUMBER]

Plaintiff Alicia Denise Badger requests verification of debt from Defendant, Saxon Mortgage Services, Inc . In order to establish whether Defendant has standing to bring forth remedies entitled to Defendant, Plaintiff requests the Defendant to produce the following as proof of claim within 30 days of this notice.

1) The ORIGINAL UNALTERED WET INK SIGNATURE PROMISSORY NOTE and other documents listed below, signed by Defendant in association to the loan pursuant of USC Title 18, Part1, Chapter 101 § 2071.

These documents should also include all of these evidentiary documents proving the validity of the Deed of Trust (or Mortgage depending on what type of state you are in):1) Form S3 registration statement 2) Form 424(b)(5) prospectus (for the SEC) 3) Form FR 2046 balance sheets 4) Form FR 2049 balance sheets 5) Form FR 2099s balance sheets

2) These documents represent proof that the Defendant is in fact the Note Holder in Due Course and have standing as a damaged party of interest in the Promissory Note as Plaintiff has reason to believe the Defendant has sold the Note under “mortgage back securities instrument” to investors under a pooling interest.

3) Defendant to stipulate via affidavit that they are in fact the Creditor in this loan/security instrument. A Creditor needs to show true double entry accounting debits of the loss as a result of the issuance of the loan to Plaintiff according to the Generally Accepted Accounting Principles (GAAP).

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If Defendant cannot produce proof of claim, they have no standing in any future controversy.

If Defendant is unable to produce proof of claim, Plaintiff prays the court to order the Defendant to release all claims against Plaintiff and grant rightful remedies due Plaintiff.

ADD ANY LANGUAGE OR ADDENDUMS WHICH A FORENSIC AUDIT MAY ALSO SUGGEST BE ADDED TO THIS CLAIM

Alicia Denise Badger1403 Massachusetts AveLynn Haven, FL 32444

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CREDIT AGENCY LETTERALICIA DENISE BADGER c/o Alicia Denise Badger1403 Massachusetts Ave

To: Experian Lynn Haven, FL 32444P.O. Box 2002 ______________, 201__Allen, TX 75013

To: EquifaxP.O. Box 740241Atlanta, GA 30374

To: TransUnionP.O. Box 1000Crum Lynne, PA 19022

Cc: Federal Trade Commission,Consumer Response Center600 Pennsylvania, DC 20580

Reference: Saxon Mortgage Services, Inc Loan Number: 2000557929Deed of Trust: [DEED OF TRUST NUMBER]

THIS IS A LEGAL NOTICE

NOTICE: THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE PURPOSE OF OBTAINING

LAWFUL REMEDY AS IS PROVIDED BY LAW.

Greetings,

This item in my credit report is currently in a civil action at CIRCUIT COURT OF THE [OWNER STATE] JUDICIAL CURCUIT IN AND FOR [OWNER COUNTY] COUNTY, STATE OF [OWNER STATE], CIVIL DIVISION on ______________, 201__. Case # [CASE NUMBER]

The lender in this matter was unable to provide proof of claim for their security instrument and have exhausted their administrative remedies. Therefore, they no longer have any claim on my property. This procedure is done in full accordance with the Administrative Procedure Act of 1946 (USC Title 5 Section 500) and the Federal Rules of Civil Procedures.

Please find the enclosed Notice of Default filed at the County Recorder’s office documenting the lender’s default and release of claim.

You will also find enclosed the full reconveyance filed at the County Recorder’s office for the property in question. I am therefore instructing you to mark this item as “Settled in Full”.

Should you choose not to comply with my instruction within 30 days, you agree to contract with me through tacit agreement for harm done to my good name through your inaccurate reporting for a sum of $1,000,000. In addition, I will have no choice but to name you as a co-defendant for this matter in my civil action. Consider this your legal notice.

Please respond in writing within 30 days to avoid unnecessary action. Failure to respond equates to tacit to my offer under the Administrative Procedures Act. (I recommend you pass this notice to your senior supervisor/manager. This is a serious matter.)

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Sincerely,

Alicia Denise BadgerAuthorized Representative for ALICIA DENISE BADGER

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OPTIONAL: Attach to any document. This is used to have a witness of documents actually placed in any envelope as your witness of service

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by Certified U.S. Mail to Saxon Mortgage Services, Inc, 3701 Regent Blvd; Irving, TX 75063

This day of , 201__

x [Natural person]

x

Witness (print) _____________________________

AFFIX MAILING CERTIFICATE HERE

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OPTIONAL: FOR FILING ADDITIONAL COURT COMPLAINTS AT THE END OF THE ADMIN STEPS, AS DOCUMENTATION OF ACTIONS TAKEN. EDIT TO FIT YOUR ACTIONS. COPY CAN BE PROVIDED TO LENDERS AND AGENTS AS WELL. EDIT CAREFULLY TO MATCH

YOUR PREVIOUS ACTIONS. EDIT TO FIT THE FINAL ACTIONS YOU HAVE TAKEN.

After Recording Return To:Alicia Denise Badger 1403 Massachusetts Ave Lynn Haven, FL 32444

AFFIDAVIT AND COMPLAINTSummary Actions of Alicia Denise Badger

State of ___________________ ): Affirmed

County of _________________ )

“Indeed ‘no more than (an affidavit) is necessary to make the prima facie case.’” (United States v. Kiss 658 F. 2d 526, 536 (7th Cir. 1981), cert. denied. 50 U.S.L.W. 2169 (S Ct 3/22/82)

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” - Article IV, Section 1, united States Constitution.

I, Alicia Denise Badger, the undersigned, do hereby say and solemnly Affirm under pains and penalties of Perjury: I am a natural born sovereign Elector (de jure ‘Posterity”) of Lawful adult age and otherwise competent to make this Affidavit; and

Alicia Denise Badger, as a secured party on a properly executed warranty deed is the one true owner fully vested with all rights to the property at 1403 Massachusetts Ave

Alicia Denise Badger states that Saxon Mortgage Services, Inc’s actions of fraud and deceit have foundation in Taylor v. State Compensation Insurance Fund, 175 Mont. 432, 913 P.2d 1242 (1996) where in order to sustain a claim of fraud, claimant was required to plead and prove each of the nine elements of fraud: (1) a representation; (2) falsity of the representation; (3) materiality of the representation; (4) speaker’s knowledge of the falsity of the representation; (5) the speaker’s intent it should be relied upon; (6) the hearer’s ignorance of the falsity of the representation; (7) the hearer’s reliance on the representation; (8) the hearer’s right to rely on the representation; and (9) the hearer’s consequent and proximate injury caused by reliance on the representation.

Alicia Denise Badger believes that all of the above elements exist and having knowledge has reason to believe that on the date of the execution of the Promissory Note, and accompanying MORTGAGE document, the relevant information contained therein was false and materially deceptive, and unfair business trade practices were used to conceal the true nature of the transaction INCLUDING but not limited to:1. A representation: Mortgage Defendants represented that they were going to fund

the loan.2. Falsity of the representation: Mortgage Defendants did not in fact loan money to

Alicia Denise Badger.3. Materiality of the representation: Saxon Mortgage Services, Inc and [CURRENT

LENDER SERVICER]‘s misrepresentations were material because the facts are that under the current monetary system of the USA, the lender loans no money to the borrower as alleged in the loan application or loan documents.

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4. Speaker’s knowledge of the falsity of the representation: The lender falsely stated the lender was loaning money prior to closing, and the title / escrow person who received the check(s) are able to see that the “lender” does not transfer funds into the escrow account and that the source of the funds is from elsewhere but falsely represented that funds did come from the “lender”.

5. The speaker’s intent it should be relied upon: Saxon Mortgage Services, Inc’s words were relied upon by Alicia Denise Badger in good faith. Consequently Alicia Denise Badger was then defrauded during the process of funding and closing the alleged loans.

6. The hearer’s ignorance of the falsity of the representation: Alicia Denise Badger was not privy to the source of funds and was not in an equal or similarly situated business posture as Mortgage Defendants at the time of the Contract formation period, and was taken advantage of by the unfair business practices brought on by Saxon Mortgage Services, Inc, and they were relied upon to the detriment of the Alicia Denise Badger as Alicia Denise Badger was fraudulently induced to pay money of exchange (currency exchanged for a substantial portion of Alicia Denise Badger’s commercial energy) for money of account (Credit on Account as was created by Defendant(s), out of nothing).

7. The hearer’s right to rely on the representation: Alicia Denise Badger relied upon Saxon Mortgage Services, Inc’s offer and was given a good faith estimate, assurances, written agreement, and words that Alicia Denise Badger had a right to rely on, and because Alicia Denise Badger did rely upon the acts, deeds and inducement by Mortgage Defendants who had superior knowledge, and because it is an industry standard operation, Alicia Denise Badger relied upon these representations as were made about the so called “loan”.

8. The hearer’s consequent and proximate injury caused by reliance on the representation: Alicia Denise Badger’s reliance upon fraud in statements and writings provided to him by parties in superior position precluded Alicia Denise Badger from appreciating the essential elements of the undertaking. Alicia Denise Badger’s reliance gave forth to consequent and proximate injuries for:

-Loss by conversion under contract-Financial instability of the home unit due to usury. -Interfering with financial stability.

Loss of use and enjoyment of funds which were paid in unfair advantage to Saxon Mortgage Services, Inc.

Add in any items an audit may suggest as well…

Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] and their officers, and other Banking, Financial, Political, and/or Real Estate Institutions, (unknown at this time) have all knowingly, or unknowingly, conspired against the working class population of the good PEOPLE OF THE County of [PROPERTY COUNTY] and State of [PROPERTY STATE] to submerge the common people in a mountain of perpetual and un-payable debt. The Federal Reserve Banking Corporation of which Mortgage Defendants are each a franchise agent, has demonstrated an historical and documentable track record of purposefully expanding and contracting the money supply at timed intervals so as to purposefully dispossess economically vulnerable Americans from their property. This Alicia Denise Badger and all of the good people of [PROPERTY COUNTY] County, the State of [PROPERTY STATE], and the United States are the pointed targets of a conspiracy by Mortgage Defendants and other banking corporations, to reduce the people of America to a class of obedient and broken slaves in a society with substantially less constitutional rights and in a mirror image likeness to that of Nazi Germany or the previous Soviet Union.

Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] and its officers are active causes of and participants in the present increase in the foreclosure rate in this state. This Alicia Denise Badger does not know whether the individual officers are knowledgeable or not of their criminality, but they have caused detriment and damage to this Alicia Denise Badger, and every

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homeowner in this state by the manner in which they entered into this, and the majority of their other lending contracts.

Alicia Denise Badger claims that Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] operate in a pattern, practice and course of conduct which constitutes a criminal enterprise in violation of Federal and State Racketeering Statutes. Said Defendants regularly engage in cooperative efforts to deprive the public of property and cash under an elaborate scheme or artifice where the unaware public unknowingly enters into contracts under fraudulent terms wherein they are systematically loaned credit when they were led to believe that they were being loaned real money, and are thereby placed into peonage and usury due to a lack of consideration by the mortgage company.

Alicia Denise Badger claims that Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] operate in a pattern, practice and course of conduct which constitutes a criminal enterprise in violation of Federal and State Racketeering Statutes. Said Defendants regularly engage in cooperative efforts to deprive the public of property and cash under an elaborate scheme or artifice where: in order for the public to close on a loan, they are deceived, by a person who is in a superior position, into gifting their property away under the conveyance and security instruments including a MORTGAGE, the nature of which was not fully disclosed, which in turn precluded this Alicia Denise Badger from appreciating the essential elements of the undertaking.

Alicia Denise Badger claims that Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] operate in a pattern, practice and course of conduct which constitutes a criminal enterprise in violation of Federal and State Racketeering Statutes. Said Defendants regularly engage in cooperative efforts to deprive the public of property and cash under an elaborate scheme or artifice wherein said Defendants systematically engage in a foreclosure process and deprive the public of property, upon a fraudulent process founded upon fraudulent documents.

Alicia Denise Badger claims that Saxon Mortgage Services, Inc and [CURRENT LENDER SERVICER] operate in a pattern, practice and course of conduct which constitutes a criminal enterprise in violation of Federal and State Racketeering Statutes. Said Defendants regularly engage in cooperative efforts to deprive the public of property and cash under an elaborate scheme or artifice where this systematic usury and deprivation are the cause of consequent and proximate injuries under the Civil RICO Statutes.

Defendants knew or should have known that they fraudulently made a false oath or account, a violation of State and Federal Law.

Defendants knew or should have known that they fraudulently presented or used a false claim, a violation of Federal and State law.

Defendants knew or should have known that they fraudulently caused a False Security Instrument or Counterfeit Security to be created.

Defendants are engaging in a pattern and practice of conduct that constitutes a criminal enterprise in violation of State and Federal RICO statutes.

x_______________________________ ____________, 20___Alicia Denise Badger

NOTARY SEAL – IF MAILING DIRECT

State of ____________________________ County of ___________________________

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Subscribed and sworn to (or affirmed) before me on this ___ day of ______________, 20_____, by

_________________________________, proved to me on the basis of satisfactory evidence to be the

person(s) who appeared before me.

Signature_______________________________ (seal)

Commission expires ___________________

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STALL FORECLOSURE LETTER – may help stall things if using this process (used by a recent student who was successful in getting the foreclosure temporarily stopped). ADDITIONAL TOOLS ARE FOUND IN THE STALL OR STOP FORECLOSURE DOCS IN THE MEMBERS BACK OFFICE.Edit this

_______________,201___ From: ALICIA DENISE BADGER1403 Massachusetts Ave Lynn Haven, FL 32444 To: Saxon Mortgage Services, Inc 3701 Regent BlvdIrving, TX 75063

AND [FORECLOSING TRUSTEE OR ATTORNEY] RE: Property located at 1403 Massachusetts Ave Loan # 2000557929APN: [PARCEL NUMBER]

NOTICE TO AGENT IS NOTICE TO PRINCIPAL,NOTICE TO PRINCIPAL IS NOTICE TO AGENT

You do not have authority to proceed with the sale of this property.

I have previously provided copies of revocation of power of attorney, a maritime lien, and substitute of trustee. As per contract, Saxon Mortgage Services, Inc /BENEFICIARY has agreed that the balance on account is zero, which we believe indicates they have admitted to fraud, and has granted me power of attorney.

[TITLE COMPANY] are not valid trustees for this property at this point. Further, this account has been settled. There is litigation pending regarding this property, with court dates of ___day of __________, 20___. Saxon Mortgage Services, Inc is only a servicer, and does not own the Note or the Deed of Trust. The foreclosure cannot be brought in the name of Saxon Mortgage Services, Inc as they are not the real party in interest and therefore do not have standing to foreclose on this property. You do not have authority to proceed with the sale of this property. Proceeding with the foreclosure sale of this property constitutes fraud, and, per [PROPERTY STATE] penal code, knowingly selling property that you have no authority to sell is felony grand theft. In order to protect the interests and welfare of all parties, you are hereby noticed of my demand for cancellation of the scheduled ____ day of ___________, 20___ sale that you are wrongfully and fraudulently conducting of the subject property. Additionally, any foreclosure sale and claim to conduct such a sale, proving your right, proper legal standing, and claim, was never produced as requested. Conducting a sale without this proof of claim and standing, and without proper documentation, constitutes fraud on your part. Be prepared to defend these fraud charges in court if this sale is not stopped completely and permanently. Sincerely, Alicia Denise BadgerAuthorized Representative for ALICIA DENISE BADGER

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OPTIONAL: COUNTER CLAIM AND DECLARATION OF THE TRUST. CAN BE FILED TO ESTABLISH A COUNTER CLAIM IF THE LENDER, OR ANY OTHER PARTY IGNORES YOUR PROCESS OR TRIES TO SUE YOU. IF USED IN COURT, AFTER IT IS SEASONED, ONE NEEDS TO COMPELL THE JUDGE TO ENFORCE IT, NOT ARGUE IT. MORE ADVANCED TRAINING ON THIS CAN BE OBTAINED THROUGH THE LEGAL SOURCES FOUND ON THE WEB SITE. A LICENSED LEGAL ADVISOR WHO AGREE WITH YOUR PLAN IS ADVISABEL AT THIS POINT OR AT ANY POINT YOU FEEL THAT NEED.

Alicia Denise Badgerc/o 1403 Massachusetts Ave Lynn Haven, FL 32444

DISTRICT COURTCLARK COUNTY, NEVADA

Saxon Mortgage Services, Inc Plaintiff, )vs. ) Case No. ____________________

)Alicia Denise Badger, an individual, ) NOTICE OF ANSWER

) AND COUNTERCLAIM Defendants ) Alicia Denise Badger )

3rd Party Plaintiff )vs. )

)[ATTORNEY FOR LENDER]. No. _______________ )_ 3 rd Party Defendant ) Alicia Denise Badger, 3 rd Party Interest Intervenor, Grantor/Settlor/Beneficiary

NOTICE OF EXPRESS TRUST

Without waiving any rights, remedies, and defenses: whereas I, Alicia Denise Badger, Grantor/Settlor

of the express revocable trust, Alicia Denise Badger, now comes as beneficiary in the above

named action and states the following principles of law: 1. In construing trusts, unlawful

purpose should not be imputed to the Settlor, 2. The purpose for which the trust may be created,

the intent and purpose of the Settlor in truth is the law of the trust, 3. Alicia Denise Badger’s

expressing of the trust creates no default to him being construed as “trustee”.

NOTICE OF ANSWER AND COUNTERCLAIM ANDLIABILITY OF 3 RD PARTY DEFENDANT

COMES NOW Alicia Denise Badger, a Third Party Interest Intervenor and Beneficiary of Alicia Denise Badger, who is neutral in the public, who is unschooled in law, and

making a special appearance before this court under the supplemental rules of Admiralty,

Rule E(8), a restricted appearance, without granting jurisdiction, and notices the court of

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enunciation of principles as stated in Haines v.Kerner , 404 U.S. 519, wherein the court

has directed that those who are unschooled in law making pleadings and/or complaints

shall have the court look to the substance of the pleadings rather in than the form, and

hereby makes the following pleadings/notices in the above referenced matter without

waiver of any other defenses.1.

NOTICE: The alleged [ATTORNEY FOR LENDER] [sic], [ATTY STATE] Bar No. [ATTORNEY

BAR NUMBER], having failed to put in a notice of appearance nor to put any power of attorney into

the appropriate court, and the Attorney for Plaintiff having failed of protocol has failed to state a claim

upon which relief can be granted. In international law and according to the law of the land, agents of a

foreign principal are required to file any pretended claim in the appropriate district court prior to

exercising rights to that claim.

The district courts have "exclusive original cognizance" of all inland seizures and this includes vessels in

rem (Rule C(3)) such as trust organizations and legal names "...the United States, ... within their

respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a

common law remedy, where the common law is competent to give it; and shall also have

exclusive original cognizance of all seizures on land,..." The First Judiciary Act;

September 24, 1789; Chapter 20, page 77. The Constitution of the United States of

America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl.

1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.

This fact of protocol - filing a claim in district court according to international law - is

beyond dispute and extends into antiquity: "Meanwhile those who seized wreck ashore

without a grant from the Crown did so at their peril." Select Pleas in the Court of

Admiralty, Volume II, A.D. 1547-1602; Introduction - Prohibitions, Note as to the early

Law of Wreck, Selden Society, p. xl, 1897.

1.2. ANSWER AND NEGATIVE AVERMENT

____________________state ) ) affirmed____________________ county )

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I, Alicia Denise Badger, over the age of twenty-one years, competent to witness and with firsthand

knowledge do affirm and say that:

Alicia Denise Badger, Affiant, herein answers the allegations of Plaintiff, to wit:

1. Affiant denies that DISTRICT COURT, [COUNTY] COUNTY NEVADA exists. There is

not any evidence that DISTRICT COURT, [COUNTY] COUNTY NEVADA exists, and

Affiant believes that not any such evidence exists.

2. Affiant denies that Case No. [CASE NUMBER] exists. There is not any evidence that Case

No. [CASE NUMBER] exists, and Affiant believes that not any such evidence exists.

3. Affiant denies that AMENDED COMPLAINT FOR QUIET TITLE, DECLARATORY

RELIEF, AND MONEY DAMAGES (EXEMPT FROM ARBITRATION: ACTION

CONCERNS TITLE TO REAL PROPERTY), exists. There is not any evidence that

AMENDED COMPLAINT FOR QUIET TITLE, DECLARATORY RELIEF, AND

MONEY DAMAGES (EXEMPT FROM ARBITRATION: ACTION CONCERNS

TITLE TO REAL PROPERTY) exists, and Affiant believes that not any such evidence

exists.

4. Affiant denies that Saxon Mortgage Services, Inc corporation, exists. There is not any evidence that Saxon Mortgage Services, Inc

corporation, exists, and Affiant believes that not any such evidence exists.

5. Affiant denies that Alicia Denise Badger , an individual exists, and Affiant believe that not any such

evidence exists.

6. Affiant denies that [ATTORNEY FOR LENDER], NV Bar No. [ATTORNEY BAR NUMBER] exists. There is

not any evidence that [ATTORNEY FOR LENDER], NV Bar No.: [ATTORNEY BAR

NUMBER] exists, and Affiant believe that not any such evidence exists.

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7. As to Plaintiff’s allegation “1.”, unknown answer Affiant.

8. As to Plaintiff’s allegation “2.”, denied answers Affiant. There is not any evidence that

Alicia Denise Badger is a party to this matter or that Alicia Denise Badger is the same as

ALICIA DENISE BADGER, and Affiant believes that any such evidence exists.

9. As to Plaintiff’s [ATTORNEY FOR LENDER]’S Law Firm, denied answers Affiant. There is

not any evidence that [ATTORNEY FOR LENDER]’S Law Firm LLP has any interest in this

instant matter, and Affiant believes that not any such evidence exists.

10. As to Plaintiff’s “28.”, denied answers Affiant. There is not any evidence that to the

allegations contained in “28.” exists, and Affiant believes that not any such evidence

exists.

11. As to Plaintiff’s “29.”, denied answers Affiant. There is not any evidence that to the

allegations contained in “29.” exists, and Affiant believes that not any such evidence

exists.

12. As to Plaintiff’s “30.”, denied answers Affiant. There is not any evidence that the

allegations in “30.” exists, and Affiant believes that not any such evidence exists.

13. As to Plaintiff’s “31.”, denied answers Affiant. There is not any evidence that the

allegations in “31.” exists, and Affiant believes that not any such evidence exists.

14. As to Plaintiff’s “32.”, denied answers Affiant. There is not any evidence that the

allegations in “32.” exists, and Affiant believes that not any such evidence exists.

As to Plaintiff’s PRAYER FOR RELIEF

15. As to Plaintiff’s “1.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

16. As to Plaintiff’s “2.”, denied answers Affiant. There is not any evidence that Plaintiff, a

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fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

17. As to Plaintiff’s “3.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

18. As to Plaintiff’s “4.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

19. As to Plaintiff’s “5.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

20. As to Plaintiff’s “6.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

21. As to Plaintiff’s “7.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

21. As to Plaintiff’s “8.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

22. As to Plaintiff’s “9.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

23. As to Plaintiff’s “10.”, denied answers Affiant. There is not any evidence that Plaintiff, a

fictitious plaintiff, has any standing to pray for relief in a tax payer supported court, and

Affiant believes that any such evidence exists.

NOTICE

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24. Statements by attorneys, who are expatriate and especially those who have failed to

register as agents of a foreign entity under the Foreign Agents Registration Act of 1938, as

amended January 9, 1996 as H.R., IN THE HOUSE OF REPRESENTATIVES, have no

standing nor remedies in the tax payer supported courts. To allow attorneys access to any

remedy in the tax payer supported courts is tax fraud and misappropriation of tax payer

funds.

25. Plaintiff in this instant matter has subrogated all rights and defenses to any relief to the STATE

OF [PROPERTY STATE] and have not any legal expectation of any relief, as Plaintiff has not

prosecuted this matter as a Real Party in Interest.

26. Attorneys for Plaintiff have frauded the court by introducing a fictitious plaintiff.

NOTICE UNDER 18 USC 4 misprision of felony

Affiant believes it to be his duty to report any suspected crime to the appropriate authorities. For

that cause, Affiant notices the court of his belief that a crime or crimes maybe have been committed by

the attorneys in this matter for failure of applicable protocols of seizure. The alleged Attorney for Plaintiff

having failed of protocol has failed to state a claim upon which relief can be granted. In international law

and according to the law of the land, agents of a foreign principal are required to file any pretended claim

in the appropriate district court prior to exercising rights to that claim. The district courts have "exclusive

original cognizance" of all inland seizures and this includes vessels in rem (Rule C(3)) such as

trust organizations and legal names "...the United States, ... within their respective districts, as well as

upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the

common law is competent to give it; and shall also have exclusive original cognizance of all seizures on

land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the

United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl.

1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741. This fact of

protocol - filing a claim in district court according to international law - is beyond dispute and extends

into antiquity: "Meanwhile those who seized wreck ashore without a grant from the Crown did so at their

peril." Select Pleas in the Court of Admiralty, Volume II, A.D. 1547-1602; Introduction - Prohibitions,

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Note as to the early Law of Wreck, Selden Society, p. xl, 1897.

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CERTIFICATION

I, Alicia Denise Badger, on my own unlimited commercial liability do state that I have read the above affidavit and to know the contents to be true, correct, and complete, and not misleading, the truth, the whole truth, and nothing but the truth, and do believe that the above described acts have been committed contrary to the laws of [ATTY STATE] state and the united States of America.

_______________________________ ________ Alicia Denise Badger Date

NOTARY

I, _____________________________ , a notary public residing in ___________ county, ___________, state that on the _____ day of ________________ month, 201___, that a man appearing in his true character as Alicia Denise Badger and upon display of picture identification, did affix his autograph to the above affidavit.

_________________________________ ________ NOTARY date

Seal

NOTICE

Plaintiff is granted twenty (20) business days to rebut the above affidavit point for point, omitting none in

affidavit form, swearing and autograph to rise to the level of swearing by Alicia Denise Badger on said

affidavit. Failure to rebut in total constitutes agreement in full, and the affidavit of Alicia Denise Badger stands

as the truth in commerce. Failure to respond creates estoppel which Alicia Denise Badger will claim as his

remedy in this matter.

COUNTERCLAIM

NOTICE OF EXPRESS TRUST

Without waiving any rights, remedies, and defenses: whereas I, Alicia Denise Badger, Grantor/Settlor of the

express revocable trust, Alicia Denise Badger, now comes as beneficiary in the above named action and

states the following principles of law: 1. In construing trusts, unlawful purpose should not be imputed to

the Settlor, 2. The purpose for which the trust may be created, the intent and purpose of the Settlor in

truth is the law of the trust, 3. Alicia Denise Badger’s expressing of the trust creates no default to him being

construed as “trustee”.

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________________state )) affirmed

________________ county )

I, Alicia Denise Badger, Grantor/Settlor, Affiant, over the age of twenty-one years, competent with

firsthand knowledge do state the following:

1. That I am the Trustor on DEED OF TRUST recorded at [PROPERTY COUNTY] County Recorder as Alicia Denise Badger, and that

2. That I am the “maker” of the note tendered at time of closing of escrow on said

transaction the note being an asset to maker being essentially a loan to the bank, and

3. That upon discovery of fraud in the DEED OF TRUST and resulting mortgage contract I

did correct the fraud and completed administrative due process in that matter, and

4. That parties void of any legal claim in said matter have acted ultra vires, and

5. That said parties have created a vexatious law suit against my secured interests in an

apparent attempt to convert the original fraud for financial gain, and

6. That I am injured by said parties, and

7. That the following verified True Bill is created as my remedy for the unlawful acts of

Plaintiff and Plaintiff’s Attorney(s) to wit:

True Bill

For the injury of property $ 260,000.00Times 3 punative damages $ 780,000.00

Sub-total $1,040,000.00

For the injury of vexatious suit $ 100,000.00

For the slander on title $ 100,000.00Total $1,240,000.00

Invoice

Demand is now made upon Plaintiff and Plaintiff’s Attorney(s) for One-million two-hundred

forty thousand and zero cents ($1,240,000.00) jointly and severally to be paid over to Alicia Denise Badger

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in functional currency of the United States.

Surety

Surety for the True Bill is the following:

1. [ATTY STATE] Bar No. [ATTORNEY BAR NUMBER] 2. [ATTY STATE] Bar No. [ATTORNEY BAR NUMBER]

3. Operational and public hazard bonds of [ATTORNEY FOR LENDER],

4. Operational and public hazard bonds of Saxon Mortgage Services, Inc

5. Any and all bonds, assets, of the real parties involved which may be discovered.

I, Alicia Denise Badger, on my own unlimited commercial liability do state that I have read the above affidavit

and to know the contents to be true, correct, and complete, and not misleading, the truth, the whole truth,

and nothing but the truth.

_______________________________ ________ Alicia Denise Badger date

NOTARY

I, _____________________________ , a notary public residing in ____________ county, _______________, state that on the _____ day of _________________ month, 2010, that a man appearing in his true character as Alicia Denise Badger and upon display of picture identification, did affix his autograph to the above affidavit.

_________________________________ ________ NOTARY date

Seal

Notice to Rebut

Plaintiff and Plaintiff’s Attorney(s) are requested to rebut this affidavit if any rebuttal there be within

twenty (20) days of receipt of this writing. Failure to rebut and swearing to the level sworn by

____________________________ will be fatal, the matter being stare decisis and res judicata thus

creating estoppels against said parties. Any subsequent attempts to rescue said estoppels will result in

trespass on claim of _________________________________ by any and all parties so attempting.

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Notice of Holder in Due Course

For the record, Alicia Denise Badger Accepts for Value Case No.: [CASE NUMBER] and Returns the Same

for Value (see Exhibit RTA) giving Alicia Denise Badger Holder in Due Course status, and does not waive

any defenses on Case No.: [CASE NUMBER], a negotiable instrument.

Notice of Appointment/Nomination of Fiduciary/Trustee

Alicia Denise Badger, Grantor/Settlor for ALICIA DENISE BADGER, a trust/vessel under US registry, as in

Case No.: [CASE NUMBER], nominates Judge ___________________________ (yet unknown) to the

position of Fiduciary Trustee for Alicia Denise Badger to settle and close all matters pertaining to

Case No.: [CASE NUMBER] in a timely manner, to execute and collect True Bill for the estate of

ALICIA DENISE BADGERto be turned over to the Beneficiary Alicia Denise Badger. As executor of [ALL CAPS

NAME] in Case No.: [CASE NUMBER], Judge ___________________________ is granted five

percent (5%) of probate of Alicia Denise Badger thus collected for the estate. The fiduciary trustee is

granted the use of the exemption of Alicia Denise Badger, namely ALICIA DENISE BADGER[Natural Person's

SSN (no dashes)], to settle any and all public matters.

Petition for Quiet Title

Alicia Denise Badger can find no reason why the court ought not grant a quiet title to the property in

question as there are not any valid claims in this matter above that of Alicia Denise Badger.

Bond of Alicia Denise Badger

This is the solemn promise of Alicia Denise Badger to indemnify any and all actors in this matter and

effect payment for any and all valid claims of injury caused by the actions of Alicia Denise Badger in

this tax payer supported court. Alicia Denise Badger believes that remedies afforded to him will cause

no harm to the public.

_________________________________ ________ Alicia Denise Badger, 3rd Party Interest Intervenor dateand Beneficiary to Alicia Denise Badger

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Proof of Mailing and Contents Mailed

I, Alicia Denise Badger, over the age of twenty-one years, competent with firsthand knowledge do state that on the _______ day of ____________ month, 2010, that I did cause a copy to be mailed of the above NOTICE OF ANSWER AND COUNTERCLAIM by posting said document certified mail return receipt requested pre-paid to the following party: [ATTORNEY FOR LENDER] ADDRESS ________________________ CITY ___________________ STATE ____ ZIP ________

_____________________________________ ________ Alicia Denise Badger, UCC 1-308 all rights reserved date

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OPTIONAL – USE IF YOU WANT TO CREATE A TRUST TO HOLD TITLE WHEN PROCESS IS COMPLETE

AGREEMENT AND DECLARATION OF TRUST

THIS AGREEMENT AND DECLARATION OF TRUST Is made and entered into this ____ day of _______, 20__ , by and between ALICIA DENISE BADGER, as Grantor and Beneficiary, (hereinafter referred to as the "Beneficiaries", whether one or more, which designation shall include all successors in interest of any Beneficiary), and [NEW TRUSTEE] as Trustee, whose mailing address is: [NEW TRUSTEE ADDRESS]; [NEW TRUSTEE CITY, STATE ZIP], (hereinafter referred to as the "Trustee", which designation shall include all successor trustees).

IT IS MUTUALLY AGREED AS FOLLOWS:

1. Trust Property. The Beneficiaries are about to convey or cause to be conveyed to the Trustee by deed, absolute in form, the property described in the attached Exhibit "A", which said property shall be held by the Trustee, in trust, for the following uses and purposes, under the terms of this Agreement and shall be hereinafter referred to as the "Trust Property". The trust shall be named (use this format name) “[NEW TRUST NAME] – [NEW TRUSTEE] as Trustee”.

2. Consideration. No consideration was paid by Trustee for such conveyance. The conveyance will be accepted and will be held by Trustee subject to all existing encumbrances, easements, restrictions or other clouds or claims against the title thereto, whether the same are of record or otherwise. The property will be held on the trusts, terms and conditions and for the purposes hereinafter set forth, until the whole of the trust estate is conveyed, free of this trust, as hereinafter provided.

3. Beneficiaries. The persons named in the attached Exhibit "B" are the Beneficiaries of this Trust, and as such, shall be entitled to all of the earnings, avails and proceeds of the Trust Property according to their interests set opposite their respective names.

4. Interests. The interests of the Beneficiaries shall consist solely of the following rights respecting the Trust Property:a. The right to direct the Trustee to convey or otherwise deal with the title to the Trust Property

as hereinafter set out.b. The right to manage and control the Trust Property.c. The right to receive the proceeds and avails from the rental, sale, mortgage, or other

disposition of the Trust Property.The foregoing rights shall be deemed to be personal property and may be assigned and otherwise transferred as such. No Beneficiary shall have any legal or equitable right, title or interest, as realty, in or to any real estate held in trust under this Agreement, or the right to require partition of that real estate, but shall have only the rights, as personally, set out above, and the death of a Beneficiary shall not terminate this Trust or in any manner affect the powers of the Trustee.

5. Powers of Trustee.a. With the consent of the Beneficiary, the Trustee shall have authority to issue notes or bonds

and to secure the payment of the same by mortgaging the whole or any part of the Trust Property; to borrow money, giving notes therefor signed by him in his capacity as Trustee; to invest such part of the capital and the profits therefrom and the proceeds of the sale of bonds and notes in such real estate, equities in real estate, and mortgages in real estate in the United States of America, as he may deem advisable.

b. With the consent of the Beneficiary, the Trustee shall have the authority to hold the legal title to all of the Trust Property, and shall have the exclusive management and control of the property as if he were the absolute owner thereof, and the Trustee is hereby given full power to do all things and perform all acts which in his judgment are necessary and proper for the protection of the Trust Property and for the interest of the Beneficiaries in the property of the Trust, subject to the restrictions, terms, and conditions herein set forth.● Without prejudice to the general powers conferred on the Trustee hereunder, it is hereby declared that the Trustee shall have the following powers, with the consent of the Beneficiaries:

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To purchase any real property for the Trust at such times and on such terms as may seem advisable; to assume mortgages upon the property.

(2) To sell at public auction or private sale, to barter, to exchange, or to dispose of otherwise, any part, or the whole of the Trust Property which may, from time to time form part of the Trust estate, subject to such restrictions and for such consideration for cash and for credit, and generally upon such terms and conditions as may seem judicious, to secure payment upon any loan or loans of the Trust, by mortgage with or without power of sale, and to include such provisions, terms, and conditions as may seem desirable.

(3) To rent or lease the whole or any part of the Trust Property for long or short terms, but not for terms exceeding the term of the Trust then remaining.

(4) To repair, alter, tear down, add to, or erect any building or buildings upon land belonging to the Trust; to fill, grade, drain, improve, and otherwise develop any land belonging to the Trust; to carry on, operate, or manage any building, apartment house, or hotel belonging to the Trust.

(5) To make, execute, acknowledge, and deliver all deeds, releases, mortgages, leases, contracts, agreements, instruments, and other obligations of whatsoever nature relating to the Trust Property, and generally to have full power to do all things and perform all acts necessary to make the instruments proper and legal.

(6) To collect notes, obligations, dividends, and all other payments that may be due and payable to the Trust; to deposit the proceeds thereof, as well as any other moneys from whatsoever source they may be derived, in any suitable bank or depository, and to draw the same from time to time for the purposes herein provided.

(7) To pay all lawful taxes and assessments and the necessary expenses of the Trust; to employ such officers, brokers, engineers, architects, carpenters, contractors, agents, counsel, and such other persons as may seem expedient, to designate their duties and fix their compensation; to fix a reasonable compensation for their own services to the Trust, as organizers thereof.

(8) To represent the Trust and the Beneficiaries in all suits and legal proceedings relating to the Trust Property in any court of law of equity, or before any other bodies or tribunals; to begin suits and to prosecute them to final judgment or decree; to compromise claims or suits, and to submit the same to arbitration when, in his judgment, such course is necessary or proper.

(9) To arrange and pay for and keep in force in the name and for the benefit of the Trustee, such insurance as the Trustee may deem advisable, in such companies, in such amounts, and against such risks as determined necessary by the Trustee.

6. Duties of Trustee. It shall be the duty of the Trustee in addition to the other duties herein imposed upon him:a. To keep a careful and complete record of all the beneficial interests in the Trust Property

with the name and residence of the person or persons owning such beneficial interest, and such other items as he may deem of importance or as may be required by the Beneficiaries.

b. To keep careful and accurate books showing the receipts and disbursements of the Trust and also of the Trust Property, and such other items as he may deem of importance or as the Beneficiaries hereunder may require.

c. To keep books of the Trust open to the inspection of the Beneficiaries at such reasonable times at the main office of the Trust as they may appoint.

1. To furnish the Beneficiaries at special meetings at which the same shall be requested a careful, accurate, written report of his transactions as Trustee hereunder, of the financial standing of the Trust, and of such other information concerning the affairs of the Trust as they shall request.

e. To sell the Trust Property and distribute the proceeds therefrom:1. If any property shall remain in trust under this Agreement for a term which exceeds that

allowed under applicable state law, the Trustee forthwith shall sell same at public sale after a reasonable public advertisement and reasonable notice to the Beneficiaries and,

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after deducting his reasonable fees and expenses, he shall divide the proceeds of the sale among the Beneficiaries as their interests may then appear, without any direction or

consent whatsoever, or (2) To transfer, set over, convey and deliver to all the then Beneficiaries of this Trust their

respective undivided interests in any non-divisible assets, or(3) To transfer, set over and deliver all of the assets of the Trust to its Beneficiaries, in

their respective proportionate shares, at any time when the assets of the Trust consist solely of cash.

7. Compensation of Trustee. The Beneficiaries jointly and severally agree that the Trustee shall receive the sum of $ 1.00 per month for his services as Trustee hereunder.

8. Liability of Trustee. The Trustee and his successor as Trustee shall not be required to give a bond, and each Trustee shall be liable only for his own acts and then only as a result of his own gross negligence or bad faith.

9. Removal of Trustee. The Beneficiaries shall have the power to remove a Trustee from his office or appoint a successor to succeed him.

10. Resignation and Successor.a. Any Trustee may resign his office with thirty (30) days written notice to Beneficiaries and

Beneficiaries shall proceed to elect a new Trustee to take the place of the Trustee who had resigned, but the resignation shall not take effect until a certificate thereof, signed, sealed, and acknowledged by the Trustee, and a certificate of the election of the new Trustee, signed and sworn to by the Beneficiaries and containing an acceptance of the office, signed and acknowledged by the new Trustee, shall have been procured in a form which is acceptable for recording in the registries of deeds of all the counties in which properties held under this instrument are situated. If the Beneficiaries shall fail to elect a new Trustee within thirty (30) days after the resignation, then the Trustee may petition any appropriate court in this state to accept his resignation and appoint a new Trustee.

b. Any vacancy in the office of Trustee, whether arising from death or from any other cause not herein provided for, shall be filled within thirty (30) days from the date of the vacancy and the Beneficiaries shall proceed to elect a new Trustee to fill the vacancy, and immediately thereafter shall cause to be prepared a certificate of the election containing an acceptance of the office, signed, sealed, and acknowledged by the new Trustee, which shall be in a form acceptable for recording in the registries of deeds of all the counties in which properties held under this instrument are situated.

c. Whenever a new Trustee shall have been elected or appointed to the office of Trustee and shall have assumed the duties of office, he shall succeed to the title of all the properties of the Trust and shall have all the powers and be subject to all the restrictions granted to or imposed upon the Trustee by this agreement, and every Trustee shall have the same powers, rights, and interests regarding the Trust Property, and shall be subject to the same restrictions and duties as the original Trustee, except as the same shall have been modified by amendment, as herein provided for.

d. Notwithstanding any such resignation, the Trustee shall continue to have a lien on the Trust Property for all costs, expenses and attorney's fees incurred and for said Trustee's reasonable compensation.

1. Objects and Purposes of Trust. The objects and purposes of this Trust shall be to hold title to the Trust Property and to protect and conserve it until its sale or other disposition or liquidation. The Trustee shall not undertake any activity not strictly necessary to the attainment of the foregoing objects and purposes, nor shall theTrustee transact business within the meaning of applicable state law, or any other law, nor shall this Agreement be deemed to be, or create or evidence the existence of a corporation, de facto or de jure, or a Massachusetts Trust, or any other type of business trust, or an association in the nature of a corporation, or a co-partnership or joint venture by or between the Trustee and the Beneficiaries, or by or between the Beneficiaries.

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12. Exculpation. The Trustee shall have no power to bind the Beneficiaries personally and, in every written contract he may enter into, reference shall be made to this declaration; and any person or corporation contracting with the Trustee, as well as any beneficiary, shall look to the funds and the Trust Property for payment under such contract, or for the payment of any debt, mortgage, judgment, or decree, or for any money that may otherwise become due or payable, whether by reason or failure of the Trustee to perform the contract, or for any other reason, and neither the Trustee nor the Beneficiaries shall be liable personally therefor.

13. Dealings with Trustee. No party dealing with the Trustee in relation to the Trust Property in any manner whatsoever, and, without limiting the foregoing, no party to whom the property or any part of it or any interest in it shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, shall be obliged to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the property; to see that the terms of this Trust Agreement have been complied with; to inquire into the authority, necessity or expediency of any act of the Trustee; or be privileged to inquire into any of the terms of this Trust Agreement. Every deed, mortgage, lease or other instrument executed by the Trustee in relation to the Trust Property shall be conclusive evidence in favor of every person claiming any right, title or interest under the Trust that at the time of its delivery the Trust created under this Agreement was in full force and effect; and that instrument was executed in accordance with the terms and conditions of this Agreement and all its amendments, if any, and is binding upon all Beneficiaries under it; that the Trustee was duly authorized and empowered to execute and deliver every such instrument; if a conveyance has been made to a successor or successors in trust, that the successor or successors have been appointed properly and are vested fully with all the title, estate, rights, powers, duties and obligations of its, his or their predecessor in Trust.

14. Recording of Agreement. This Agreement shall not be placed on record in the county in which the Trust Property is situated, or elsewhere, but if it is so recorded, that recording shall not be considered as notice of the rights of any person under this Agreement derogatory to the title or powers of the Trustee.

15. Name of Trustee. The name of the Trustee shall not be used by the Beneficiaries in connection with any advertising or other publicity whatsoever without the written consent of the Trustee.

16. Income Tax Returns. The Trustee shall be obligated to file any income tax returns with respect to the Trust, as required by law, and the Beneficiaries individually shall report and pay their share of income taxes on the earnings and avails of the Trust Property or growing out of their interest under this Trust.

17. Assignment. The interest of a Beneficiary, or any part of that interest, may be transferred only by a written assignment, executed in duplicate and delivered to the Trustee. The Trustee shall note its acceptance on the original and duplicate original of the assignment, retaining the original and delivering the duplicate original to the assignee as and for his or her evidence of ownership of a beneficial interest under this Agreement. No assignment of any interest under this Agreement, other than by operation of law, that is not so executed, delivered and accepted shall be valid without the written approval of all of the other Beneficiaries who possess the power of direction. No person who is vested with the power of direction, but who is not a Beneficiary under this Agreement, shall assign that power without the written consent of all the Beneficiaries.1. Individual Liability of Trustee. The Trustee shall not be required, in dealing with the TrustProperty or in otherwise acting under this Agreement, to enter into any individual contract or other individual obligation whatsoever; nor to make himself individually liable to pay or incur the payment of any damages, attorney's fees, fines, and penalties, forfeitures, costs, charges or other sums of money whatsoever. The Trustee shall have no individual liability or obligation whatsoever arising from his ownership, as Trustee, of the legal title to the Trust Property, or with respect to any act done or contract entered into or indebtedness incurred by him in dealing with the Trust Property or in otherwise acting under this Agreement, except only as far as the Trust Property and any trust funds in the actual possession of the Trustee shall be applicable to the payment and discharge of that liability or obligation.

19. Reimbursement and Indemnification of Trustee. If the Trustee shall pay or incur any liability to pay any money on account of this Trust, or incur any liability to pay any money on account of being made a party to any litigation as a result of holding title to Trust Property or otherwise in

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connection with this Trust, whether because of breach of contract, injury to person or property, fines or penalties under any law, or otherwise, the Beneficiaries, jointly and severally agree that on demand they will pay to the Trustee, with interest at the rate of 0% per annum, all such payments made or liabilities incurred by the Trustee, together with his expenses, including reasonable attorney's fees, and that they will indemnify and hold the Trustee harmless of and from any and all payments made or liabilities incurred by him for any reason whatsoever as a result of this Agreement; and all amounts so paid by the Trustee, as well as his compensation under this Agreement, shall constitute a lien on the Trust Property. The Trustee shall not be required to convey or otherwise deal with the Trust property as long as any money is due to the Trustee under this Agreement; nor shall the Trustee be required to advance or pay out any money on account of this Trust or to prosecute or defend any legal proceedings involving this Trust or any property or interest under this Agreement unless he shall be furnished with sufficient funds or be indemnified to his satisfaction.

20. Entire Agreement. This Agreement contains the entire understanding between the parties and may be amended, revoked, or terminated only by written agreement signed by the Trustee and all of the Beneficiaries.

21. Governing Law. This agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Washington. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Clark County, State of Washington. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.

22. Binding Effect. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon any successor trustee under it, as well as upon the executors, administrators, heirs, assigns and all other successors in interest of the Beneficiaries.

23. Trustee's Liability to Beneficiaries. The Trustee shall be liable to the Beneficiaries for the value of their respective beneficial interests only to the extent of the property held in Trust by him hereunder and the Beneficiaries shall enforce such liability only against the Trust Property and not against the Trustee personally.

24. Annual Statements. There shall be no annual meeting of the Beneficiaries, but the Trustee shall prepare an annual report of their receipts and disbursements for the fiscal year preceding, which fiscal year shall coincide with the calendar year, and a copy of the report shall be sent by mail to the Beneficiaries not later than February 28 of each year.

25. Termination. This trust may be terminated at any time by the Beneficiaries and with thirty (30) days written notice of termination delivered to the Trustee, the Trustee shall execute any and all documents necessary to vest fee simple marketable title to any and all Trust Property in Beneficiaries.

AGREEMENT AND DECLARATION OF TRUST

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

____________________________________ x____________________________Print GRANTOR

___________________________________ x____________________________Print GRANTOR

___________________________________ x____________________________Print Accepted as Trustee

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Signed, sealed and delivered in the presence of:

STATE OF ______________ COUNTY OF ____________________Before me personally appeared GRANTORS to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed.

WITNESS my hand and official seal in the State and County aforesaid, this ___ day of _______, 20__.

X___________________________Notary Public State of ____________My Commission Expires: __________, 20___

STATE OF _______________ COUNTY OF ___________________Before me personally appeared ____________________________________ as Trustee to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed.

WITNESS my hand and official seal in the State and County aforesaid, this __ day of _______, 20__.

X___________________________Notary Public State of _____________My Commission Expires: __________, 20___

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EXHIBIT "A"

Trust Property Conveyed:

PHYSICAL ADDRESS: 1403 Massachusetts Ave

LEGAL DESCRIPTION: Glue over a copy of a legal description, then copy this page. ALSO TT

IN SEQ OF NEQ SEC 14-2-2E DAF: BEG AT NW COR OF LOT 46 VILLAGE ON THE RIDGE

PH-1 VOL H PG 932 TH N 01DG 49MIN 48 SEC E PLT W LI OF SEQ OF NEQ SD SEC 14 A DIST

OF 47.59 FT TO SLY LI OF THT CTN SANITARY SWR ESMNT PER 9212170227 TH S 68 DG

_________________________________________________________________

EXHIBIT "B "

(DELETE: Break down the shared interest as desired)

Name and Address Interest

Original seller(S) 100%

(OR 50/50 IS HUSBAND AND WIFE)

In the event of simultaneous legal incapacity or death of above mentioned beneficiaries, the contingent beneficiaries are:

(IF APPLICABLE, USUALLY NOT IF ASSIGNING IMMEDIATELY)

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Quite Title Draft

Seek counsel from a local paralegal or attorney about filing procedures. If the lender does nothing to prove otherwise, based on the initial letters, this can be used to clear their lien from title. Could be sent once you have done your admin processes and they failed to provide what was demanded, instead or a suit or in addition to one.

Example:One theory is that the real party in interest on the lender side is the owner of the asset backed security issued by the SPV. The security is usually a “securitized” bond deriving its value from the underlying mortgages of which yours is one. Thus a quiet title action against “John Doe” and served by publication might eliminate the mortgage and note.

Here is a form which you can use at your own risk. It is probably wise to state rescission, fraud and offset as reason for the quiet title. It is from a law firm in California:

___________________________________________

(Name, Address Of Party or attorney)____________________________________State Bar No: ______(____) _____ – ________Attorney for _______ (Or “In Pro Per”)

QUITE TITLE ACTION EXAMPLE (SEEK LEGAL COUNSEL PRIOR TO USE)

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ [PLAINTIFF(S) NAMES]Plaintiffs, v. [DEFENDANT(S) NAMES]Defendants

)))CASE NO: _______ COMPLAINT TO QUIET TITLE TO REAL PROPERTY Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION

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(For ________ Against ____) <>. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of California.<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of California with principle offices located at ___, in the City of ___, County of ___.

<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious names. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained.

<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.<>. Plaintiff___ is___ not and at all times herein mentioned the owner and/or entitled to possession of the property located at ____.

<>. Plaintiff___ is___ informed and believe___ and thereupon allege___ that ______, and each of them, claim___ an interest in the property adverse to plaintiff herein. However, the claim of said Defendant___ is___ without any right whatsoever, and said Defendant___ have___ not legal or equitable right, claim, or interest in said property.

<>. Plaintiff___ therefore seek___ a declaration that the title to the subject property is vested in plaintiff___ alone and that the defendant___ herein, and each of them, be declared to have no estate, right, title or interest in the subject property and that said defendant___, and each of them, be forever enjoined from asserting any estate, right, title or interest in the subject property adverse to plaintiff herein. WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of them, as follows:<>. For an order compelling said Defendant___, and each of them, to transfer legal title and possession of the subject property to Plaintiff__ herein;

<>. For a declaration and determination that Plaintiff__ is___ the rightful holder of title to the property and that Defendant___ herein, and each of them, be declared to have no estate, right, title or interest in said property;

<>. For a judgment forever enjoining said defendants, and each of them, from claiming any estate, right, title or interest in the subject property;

<>. For costs of suit herein incurred;

<>. For such other and further relief as the court may deem proper DATED: _______________ __________________________________________ (Signature) VERIFICATION

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I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.