SentAsha - REBUTTAL TO ALDRIDGE CONNORS LLP’S & … · 2015-02-26 · SentAsha KeyAma-Joy EL P.O....

Tor’asha • Yah’asha • Mor’asha

Inheritance • Legacy • Heredity

In Full Life via the Breath of Life

REBUTTAL TO ALDRIDGE CONNORS LLP’S & WESTERN PROGRESSIVE LLC’S LETTERSDEMAND FOR DEBT VALIDATION - RE: OCWEN #705794592

Notice to Principal is Notice to Agents. Notice to Agents is Notice to Principal.

Scott Nathan and the Principals/Agents Working on Behalf of and for the Benefit of Western Progressive LLC: This is a formal rebuttal to the debt collection letter that was sent on November 19th 2014 in reference to Ocwen# 705794592. • There is no note. It was discharged in April 2011.• There has been a break in the chain of title.• Ocwen has no actual legal interest in the title and is not the holder of the note.• The assignment of mortgage has hidden defects. • There exists SEC and REMIC violations.

In truth, Ocwen never had standing to issue a modification, and the principals/agents working on behalf of and for the benefit of Aldridge Connors LLP have no standing. Further attempts to further convey my domicile or to create any type of encumbrances in light of the aforementioned facts will be an act of theft. If what I stated is not correct, then respond to the attached questionnaire under oath and affirmation and thor-oughly fulfill this debt validation request. If you all can’t do this within 30 days then you shall cease from collec-tion activity.

From,

SentAsha KeyAma-Joy EL (f/k/a SentAsha KeyAma-Joy Williams) All Rights Reserved. [email protected] / 404.496.5100

December 16, 2014

Aldridge Connors LLP 3575 Piedmont Rd NE #500 Atlanta, GA 30305 Attn: Scott Nathan

Fax: 888.755.2507 888.529.9214

Email: [email protected]

Western Progressive LLC P.O. Box #9087 Temecula, CA 92589-9087

File# 1017-658115A

Demand Letter and Rebuttal to Ocwen’s Chicanery



SentAsha-Ocwen Demand Letter & Rebuttal 12.5.14

DEBT VALIDATION REQUEST

1.Provide proof of agency (power of attorney) signed by the principals of Ocwen that Aldridge Connors

LLP has the authority to represent them in this matter.

2. Provide the date that the MIN was deactivated in the MERS database. Also, provide the date that the

allonge was signed.

3.Provide evidence that either, SUTTON FUNDING LLC, DEUTSCHE BANK NATIONAL TRUST COM-

PANY, SECURITIZED ASSET BACKED RECEIVABLE LLC, SECURITIZED ASSET BACKED RECEIV-

ABLE LLC TRUST, MERS, HomEq or Ocwen issued a negotiable instrument where SentAsha KeyAma-Joy

Williams was listed as the Payee.

4. Provide the original Pooling and Servicing Agreement (Including actual indorsements of the PSA) and

the contact information name, mailing address, phone, fax, email for the primary contacts for the natural

persons: principals and/or agents of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE

FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006 and the

SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4.

5. Provide a copy of all PMI insurance claims. Front and back of all claims along with the name of the PMI

Insurance carrier and the contact information (phone, mailing address, fax, email address) for the lead prin-

cipal and agents.

6. Provide evidence that OCWEN, is the real parties in interest that have legal standing to allege anything

or enforce any type of borrower’s allegations. If you all are claiming to be the agent of the real lender (real

party in interest) then show proof that such agency existed at the time of the loan closing.

7. Provide proof that Ocwen is on the title. Provide proof that Ocwen had a lawful right to administer a

modification.

REBUTTAL TO ALDRIDGE CONNORS LLP & WESTERN PROGRESSIVE’S LLC’S “DEBT” COLLECTION LETTER

SentAsha-Aldridge Connor LLP -Rebuttal - Debt Validation






8. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce all Book-

keeping Journal Entries associated with the Loan bearing the Account Number 705794592 and given to

SENTASHA KEYAMA-JOY WILLIAMS. Include the complete names, the addresses, the locations, and the

business contacts of all the acting Trustee(s) and / or the Surety Holders.

9. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce evidence

of the ‘Insurance Policy’ that was put in place on or against SENTASHA KEYAMA-JOY WILLIAMS “Bor-

rower’s” ‘Promissory Note’ and associated with the Loan.

10. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce all ‘Call

Reports’ and any other related ‘Notes’ or instruments made or constructed for the entire RP period covering

the Loan.

11. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce evidence

of the original ‘Deposit Slip’ issued for the Deposit of SENTASHA KEYAMA-JOY WILLIAMS “Borrower’s”

‘Promissory Note’ associated with the Loan.

12. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the ‘Origi-

nal Order’ authorizing the withdrawal of Funds from the Borrower’s ‘Promissory Note’ Deposit Account.

13. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the ‘Ac-

count Number’ and source from which the money came to ‘Fund’ the original ‘Check’ given to the ‘Bor-

rower’.

14. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce ‘Verifica-

tion’ evidence, and proof that SENTASHA KEYAMA-JOY WILLIAMS “Borrower’s” ‘Promissory Note’

was a ‘Gift’ to the ‘Lender’ from SENTASHA KEYAMA-JOY WILLIAMS, Borrower; and that the same was

disclosed to the Borrower (SENTASHA KEYAMA-JOY WILLIAMS).

REBUTTAL TO ALDRIDGE CONNORS LLP’S & WESTERN PROGRESSIVE’S LLC

SentAsha-Aldridge Connor LLP -Rebuttal - Debt Validation Request








15. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the full

and complete ‘Names’ and the ‘Addresses’ of the ‘Lender’s CPA and ‘Auditor’ or any other holder or record

-keeper for the entire period covering the Execution of the Mortgage or Loan.

16. Provide evidence that the holder of the deed of trust is the agent of the holder of the note.

17. Provide evidence that MERS is the original holder of the promissory note or that the principals/agents

of FREEMONT INVESTMENT AND LOANS gave MERS the authority to transfer the note.

18. Provide copies of the following:

1) Form S3 registration statement 2) Form 424(b)(5) prospectus (for the SBC)[;]

3) Form FR 2046 balance sheets[;] 4) Form FR 2049 balance sheets[;]

5) Form FR 2099s balance sheets

19. Provide a copy of the 1099 OID for this loan “security” and fill out the enclosed W-9.

20. Provide evidence under oath and affirmation that the note was never split from the security deed.

21. Stipulate via an affidavit of truth that the Allonge that transferred the promissory note (negotiable

instrument) from Secured Funding LLC to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS

TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006

SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST 2006-FR4 was not robo-signed.

22. Provide a copy of All Assignment and Assumption Agreement that have been created since the com-mencement of this loan to date.








23. Provide a copy of the chain of securitization for LOAN# 705794592 / MIN# 1001944-6000226540-3.

24. Provide a copy of the corporate charters for OCWEN LLC, ALDRIDGE CONNORS LLP, DEUTSCHE NATIONAL TRUST, SECURITIZED ASSET BACKED RECEIVABLES LLC, WESTERN PROGRESSIVE LLC, AND ALTISOURCE.

25. Provide thorough itemized documentation of all payments received from SentAsha from March 2010 to present. Copies of check payments (back and front), wires and ACH documentation.

Validation of the alleged debt is due within 30 days from receipt of this notice.

From,

SentAsha KeyAma-Joy EL (f/k/a SentAsha KeyAma-Joy Williams) All Rights Reserved. [email protected] / 404.496.5100P.O. Box 957 Atlanta, Georiga 30301 North America




QUESTIONNAIRE IN SUPPORT OF DEBT VALIDATION

FULFILLMENT

December 7, 2014

TO: Scott Nathan ALDRIDGE CONNORS LLP

3575 Piedmont Rd NE #500 , Atlanta, GA 30305

Below are 18 questions. After completion, please sign and have this questionnaire notarized. Then mail to my attention: SentAsha KeyAma-Joy EL P.O. BOX 957,Atlanta, Georgia 30301, North America

1. On what date was the allonge to the note signed for Loan#705794592 (formerly Freemont Loan# 0325389666)?

Response:

2. On what date was the current Assignment of Mortgage recorded for #705794592 (formerly Freemont Loan# 0325389666)?

Response:

3. On what date did Ocwen’s employees stipulate via affidavit that the Assignment was Lost?

Response:

4. How did the Assignment get lost? Who assigned the deed to Ocwen?

Response:

5. Did Ocwen have a legal cognizable interest/standing to modify Loan#705794592? If so, please thoroughly explain how and

substantiate your answer with exhibits.

Response:

6. Did Ocwen ever send Proof of Agency to SentAsha?

Response:

7. Is Ocwen the secured creditor or a debt collector?

Response:

QUESTIONNAIRE #1 Ocwen #705794592


INTERNATIONAL

DOCUMENT Member Nation-State: United States of America

Nation- State Subsidiary: State of Georgia Corporation: Ocwen Loan Servicing LLC

Legal Representation: Aldridge Connors LLP

EVIDENCE

December 16, 2014

Aldridge Connors LLP 3575 Piedmont Rd NE #500 Atlanta, GA 30305 Attn: Scott Nathan

Property: Aldrige Connor LLP - Questionnaire #1 – 12.12.2014 Page 2 of 3

8. On what date was Loan#705794592 (formerly Freemont Loan# 0325389666) securitized ?

Response:

9. What is the CUSIP number connected to Loan#705794592 that was placed into the Securitized Asset Backed Receivables

LLC Trust 2006-FR4?

Response:

10. Is SentAsha’s name and social security trust fund account number interlaced with that particular CUSIP or any other

CUSIPs within the Securitized Asset Backed Receivables LLC Trust 2006-FR4?

Response:

11. What is the fax, email, phone, mailing address and name for the lead contact person for Security Asset Backed Receivables

LLC 2006-FR4? An actual person that can validate details…

Response:

12. What was the cut-off date for the Securitized Asset Backed Receivables LLC Trust 2006-FR4?

Response:

13. What was the closing date for the Securitized Asset Backed Receivables LLC Trust 2006-FR4?

Response:

14. During assignment of the mortgage deed that is currently recorded. Was Freemont Investors and Loans still Open? If not,

who was their assignee/successor?

Response:

15. Is Ocwen’s name on the Assignment of Mortgage? If so, please provide a certified copy of it? Response:

Property: Aldrige Connor LLP - Questionnaire #1 – 12.12.2014 Page 3 of 3

16. Did Ocwen fulfill SentAsha’s Qualified Written Request and rebut SentAsha’s affidavit point-for-point? If not, why? Response:

17. Has SentAsha given Ocwen’s principals, agents, vendors, or representatives authorization to publish her trademark or any

of her intellectual property (i.e. SENTASHA KEYAMA-JOY WILLIAMS, SENTASHA KEYAMA-JOY EL) in any publication?

(Not pertaining to direct one-on-one correspondences.)

Response:

18. Did SentAsha give Ocwen permission to share her assigned Social Secuirty Number (Old Age Survivors Insurance Trust

Fund Account Number) with your and the agents/principals of Aldridge Connors LLP? If yes, please share a copy of the

documentation to support your answer.

Response:

Your answers to this questionnaire must be verified, dated and signed.

I declare under the penalty of perjury under the laws of the State of Georgia and the United States of America that the foregoing answers of

this 18-part questionnaire , 3-page document are true and correct.

Your Name Printed Date

Your Name Signed Date

NOTARY STATEMENT

State of: ________________ County of: ____________ On ____/____/______, Before me, ________________________________ Personally appeared. Verified. __________________________ Has proved to me on the basis of satisfactory evidence to be the natural person whose name I subscribed to within this questionnaire and has hereby acknowledged to me that he has executed the same in her authorized capacity. Witness my hand and official seal. _______________________________________________ Notary Signature _______________________________________________ Print Name




AFFIDAVIT IN SUPPORT OF SENTASHA’S REBUTTAL


Tor’asha • Yah’asha • Mor’asha Inheritance • Legacy • Heredity

Sis. SentAsha KeyAma-Joy El(Copyright) (f/k/a SentAsha KeyAma-Joy Williams) Authorized Representative/Beneficiary of the Corporate Trust/Estate: SENTASHA KEYAMA-JOY WILLIAMS MIP (Trademark)

c/o P.O. Box 957 • Terrestrial Atlanta, Gerogia [30301] • Continent: North America Fax: 866.323.6925 | Phone: 404.944.2072 | Email: [email protected]

Heir Apparent • Aboriginal American • Primogeniture Descendant • In Propria Persona Sui Juris All Universal Laws, The Zodiac Constitution, The Constitution for the United States of America,

Laws of the United States and International Treaties, Declarations and Conventions Accepted for Full Value. All Rights Reserved. Without Prejudice.

\

AFFIDAVIT OF TRUTH DISPUTE OF DEBT, DEMAND FOR VALIDATION, DEBT ALREADY DISCHARGED IN BANKRUPTCY

IN APRIL 2011 LOAN # 705794592 WAS DISCHARGED IN BANKRUPTCY IN MAY 2011 OCWEN EXECUTED A MODIFICATION ON A DISCHARGED LOAN

OCWEN IS 3RD PARTY DEBT COLLECTOR / OCWEN HAD NO STANDING TO OFFER A MODIFICATION OCWEN SHALL CEASE IN COLLECTING DEBT / OCWEN’S PMI CLAIMS SHALL NOT BE HONORED

OCWEN WAS NEVER THE REAL PARTY IN INTERST/ OCWEN IS NOT THE HOLDER IN DUE COURSE MERS IS NOT A REAL PARTY IN INTEREST / THE MIN FOR THIS LOAN IS NOT ACTIVE IN MERS

OCWEN SHALL ZERO OUT LOAN #705794592 AND CEASE FROM COLLECTION PRACTICES

Notice to Principal is Notice to Agent. Notice to Agent is Notice to Principal.

Sent via Express Mail, Email & Fax

September 28, 2013 OCWEN Financial Corporation P.O. Box 24738 / West Palm Beach, Florida 33416-4736 Attn: Bankruptcy Research Department, Customer Service Ronald M Faris, CEO | John V. Britti, CFO (561) 682-8000 | S.P. Ravi, CRO Fax: 407.737.6375 | 407.737.5199

Peace and Good Day All:

1. Ocwen’s principals/agents do not have standing to foreclose on LOAN# 705794592 / MIN# 1001944-6000226540-3. A.) The loan was discharged in Bankruptcy. B.) Ocwen is not the holder in due course.

2. Ocwen’s principals/agents never were real parties in interest thus never had a right to administer a modification.

3. On May 12, 2006, I executed a Promissory Note (negotiable instrument) that was made payable to FREEMONT INVESTMENT AND LOANS.

of 15


Affidavit of Truth

4. On May 12, 2006 A Security Deed was executed where the beneficiary/nominee was listed as Mortgage Electronic Registration Systems (MERS). However, the promissory note (negotiable instrument) listed FREEMONT INVESTMENT AND LOANS as the “The Lender”.

5. IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI regarding the Box Case No. 10-20086. An order demanding relief from stay, cited Missouri Court of Appeals take on Ocwen’s Standing: “In the case Bellistri v. Ocwen. Missouri Court of Appeals, the borrower executed a promissory note in favor of lender BNC Mortgage Inc. As here, the deed of trust did not name BNC as the beneficiary, but instead named Mortgage Electronic Registration System (MERS) solely as BNC’s nominee. The promissory note made no reference to MERS. The note and deed of trust both required that payments be made to the lender, not MERS. These facts regarding the loan documents are, for all relevant purposes, identical to those in the case at bar. Thereafter this loan was securitized and placed into a pooling and service agreement.” “The Missouri Court of Appeals discussed the law of mortgages in order to determine Ocwen’s interest in the property. The Court explained:

Generally, a mortgage loan consists of a promissory note and security instrument, usually a mortgage or a deed of trust, which secures payment on the note by giving the lender the ability to foreclose on the property. Typically, the same person holds both the note and deed of trust. In the event that the note and the deed of trust are split, the note, as a practical matter becomes unsecured. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. The mortgage loan [becomes] ineffectual when the note holder [does] not also hold the deed of trust.”

Regarding assignments “When the holder of the promissory note assigns or transfers the note, the deed of trust is also transferred. An assignment of the deed of trust separate from the note has no “force.” Effectively, the note and the deed of trust are inseparable, and when the promissory note is transferred, it vests in the transferee “all the interest, rights, powers and security conferred by the deed of trust upon the beneficiary therein and the payee in the notes.”

6. In the case of loan# 705794592, the Deed of Trust and the Note have been taken into 2 different paths. The deed

of trust was never transferred. The note was however pooled, sold and transferred LOAN# 705794592 / MIN# 1001944-6000226540-3 of $143,920 was combined with other loans and mortgages and this pool of loans and mortgages is valued at approximately $638,832,000.

7. Per George v. Surkamp, 76 S.W.2d 368, 371 (Mo. 1934. An assignment of the deed of trust separate from the note has no “force.”

8. The cut-off date for MIN# 1001944-6000226540-3 was November 1, 2006 and the closing date was December 12, 2006. This designates the timing for the initiation and completion of the securitization of the note. Since the note had been securitized by December 12, 2006, there is no way that one would be able to transfer or assign the note after December 12th because the note had already been securitized.

of 15


Affidavit of Truth

9. On April 7, 2011, Loan# 705794592 serviced by Barclay’s Homeq was discharged via a Chapter 7 Bankruptcy, Case No. 10-60992-jb in the United States Bankruptcy Court North District of Georgia.

10. For evidence of the discharge of the loan see Exhibit A & B.

11. On April 28, 2013 agents of OCWEN facilitated a modification of this loan #705794592 although it was discharged on April 7, 2011 via a Chapter 7 Bankruptcy.

12. Ocwen’s principals/agents knowingly administered a modification on loan #705794592 as if they were the Real Party in Interest and the Holder in Due Course.

13. For the past 3 years Ocwen’s principals/agents have been collecting United States Dollars (Federal Reserve Notes) from me as if they were the Real Party in Interest and the Holder in Due Course.

14. Per the Security Deed the MER’s Mortgage Identification Number for this loan is 1001944-6000226540-3. See Exhibit C.

15. The MER’s Mortgage Identification Number 1001944-6000226540-3 is Inactive in the MERS Service ID database system. See Exhibit C

16. An inactive status in MERS means that the either the note has been assigned to a non MERSCORP member or that the loan is non-existent (i.e. foreclosed or discharged).

17. OCWEN has already documented for the record that the ‘Assignment is Lost’ which means that they do not have proof of an assignment. In their own documented words ‘A good faith effort has been made in accordance with our procedure for locating the lost assignment’ See Exhibit D.

18. Ocwen’s agents: Joe Simmons, Noemi Morales, Leticis N. Arias, Christopher Kelley, and Debra Spruill signed and bared witness to an Affidavit of lost assignment on April 26, 2013 which shows that Ocwen does not have the assignment and could not find the assignment. Thus, Ocwen has no prima facie evidence of being a real party of interest in this loan and as a result has no right to enforce the instrument. See Exhibit D

19. This Affidavit of Lost Assignment that the agents of Ocwen submitted was not signed under the penalty of perjury thus, it is not a lawful affidavit. See Exhibit D

20. Per UCC 3-309 ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT. (a) A person not in possession of an instrument is entitled to enforce the instrument if: (1) the person seeking to enforce the instrument (A) was entitled to enforce it the instrument when loss of possession occurred, or (B) has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred; (2) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (3)(a) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument

of 15


Affidavit of Truth

and the person's right to enforce the instrument. If that proof is made, Section 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means

21. OCWEN Servicing is acting as a rightful collector and has been collecting payments from me since April 28, 2010.

22. OCWEN did not fund this deal.

23. OCWEN has been collecting on a mortgage that has been discharged.

24. Per the Chapter 7 Bankruptcy Laws regarding Collection of Discharged Debts Prohibited, ‘The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor.

25. Since SentAsha’s indorsement of the negotiable instrument which gave LIFE to the note, all insurance claims for recoupment of the mortgage serve is an act of ERROR. All PMI Insurance claims shall be denied. For the record, OCWEN and or DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST 2006-FR4 did not fund the origination of this deal.

26. The first line of the May 12, 2006 promissory note states: 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 143,920.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FREMONT INVESTMENT & LOAN

27. In return for a loan that I have received? It is obvious that full disclosure was not provided during execution of this promissory note (negotiable instrument). For the akasha record, I didn’t receive a negotiable instrument FREEMONT INVESTMENT AND LOANS that was made payable to me. If there was a loan made out to me, I sure enough didn’t get the check or the memo. Where’s the check that listed me as the Payee?

28. The second paragraph of the May 12, 2006 promissory note states: I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder" Per Black’s Law Dictionary 4th Edition: Note – A unilateral instrument containing an express and absolute promise of signer to pay to a specified person or order, or bearer, a definite sum of money at a specified time. Holder – The holder of a bill of exchange, promissory note, or check is the person who has legally acquired possession of the same, by endorsement or delivery, and who is entitled to receive payment of the instrument. Crocker-Woolworth national Bank vs. Nevada Bank, 139 Cal. 564, 73 P. 456, 63 L.R.A. 245, 96 Am. St. Rep 169

of 15


Affidavit of Truth

Holder in Due Course – A holder who has taken a bill of exchange (check or note) complete and regular on the face of it, under the following conditions, namely: (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (b) That he took the bill (check or note) in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it. Uniform Negotiable Instrument Act Section 52.

29. The promissory note that I executed on May 12, 2006 shows that: a. The Payee/Indorsee = FREEMONT INVESTOMENT AND LOANS b. The Payor/Payer who Indorsed the promissory note (Negotiable Instrument) = SentAsha KeyAma-Joy Williams the authorized representative for: SENTASHA KEYAMA-JOY WILLIAMS c. The Indorser who signed the back of the promissory note = FREEMONT INVEMENT & LOANS, Vice President Michael Koch. Who made the promissory note (negotiable Instrument) payable to the order of Sutton Funding LLC (without recourse) d. Sutton Funding LLC then made the promissory note (negotiable instrument) payable to the order of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST 2006-FR4 which is where the securitization occurred. The official close out date on this negotiable instrument was on December 12, 2006.

DEMAND FOR VALIDATION OF DEBT, DEMAND FOR PROOF OF AGENCY AND STANDING On April 25, 2013, I sent OCWEN’s Attorney, John Young with WEISSMAN NOWACK CURRY & WILCO, P.C. a Writ of Discovery that demanded validation of the debt connected to LOAN# 705794592. There were 17 request points that contained a multitude of queries. To date, September 25, 2013 the principals and agents of Ocwen alongside with their attorney, John Young have only fulfilled 75% of the 17 requested points.

Pursuant to the Federal Rules of Civil Procedure Title V Rule 26. Duty to Disclose; General Provisions Governing Discovery, Rule 36 Special Admissions and the Fair Debt Collection and Practices Act 15 USC §1692g (b) – Validation of Debts, I am demanding for you all to fulfill the remaining 25% of the original 17 requested points and a new set of additional points:

30. Provide evidence of the location and registrants of the security and all security issuance documents.

31. Where’s the Check? The check that FREEMONT issued that was made payable to SENTASHA KEYAMA-JOY WILLIAMS. Provide evidence that there were funds paid to me. Again the first sentence of the promissory notes reads: ‘In return for a loan that I have received’. Where’s the Check? ETF? ACH? Etc. Records are required.

32. Provide evidence that either, SUTTON FUNDING LLC, DEUTSCHE BANK NATIONAL TRUST COMPANY, SECURITIZED ASSET BACKED RECEIVABLE LLC, SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST, MERS, HomEq or Ocwen issued a negotiable instrument where SentAsha KeyAma-Joy Williams was listed as the Payee.

33. Provide the original Pooling and Servicing Agreement (Including actual indorsements of the PSA) and the contact information name, mailing address, phone, fax, email for the primary contacts for the natural persons: principals and/or agents of DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST 2006-FR4.

34. Provide a copy of all PMI insurance claims. Front and back of all claims along with the name of the PMI Insurance carrier and the contact information (phone, mailing address, fax, email address) for the lead principal and agents.

35. Provide proof that the principals and agents of WEISSMAN NOWACK CURRY & WILCO, P.C., OCWEN , DEUTSCHE BANK NATIONAL TRUST COMPANY, SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST have a license to handle securities.

of 15


Affidavit of Truth

36. Per Fed. R. Civ. P. 17, and Rule 17(a)(1) “An action must be prosecuted in the name of the real party in interest.” Provide evidence that WEISSMAN NOWACK CURRY & WILCO, P.C., OCWEN , DEUTSCHE BANK NATIONAL TRUST COMPANY, SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST are the real parties in interest that have legal standing to allege anything or enforce any type of borrower's allegations. If you all are claiming to be the agent of the real lender (real party in interest) then show proof that such agency existed at the time of the loan closing.

37. Per Wahl v. Braun, 980 S.W.2d 322 (Mo. App. E.D. 1998). Lack of standing cannot be waived and may be considered by the court sua sponte.

38. Produce proof that I, SentAsha indorsed an authority agreement making WEISSMAN NOWACK CURRY & WILCO, P.C/ John Young the Attroney-In-Fact for Me.

39. Provide proof of John Young’s BAR membership.

40. Provide the names and contact information for all parties (attorneys, notaries, et allii) of WEISSMAN NOWACK CURRY & WILCO, P.C that facilitated the closing on May 12, 2006.

41. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce all Bookkeeping Journal Entries associated with the Loan bearing the Account Number 705794592 and given to SENTASHA KEYAMA-JOY WILLIAMS. Include the complete names, the addresses, the locations, and the business contacts of all the acting Trustee(s) and / or the Surety Holders.

42. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce evidence of the ‘Insurance Policy’ that was put in place on or against SENTASHA KEYAMA-JOY WILLIAMS “Borrower’s” ‘Promissory Note’ and associated with the Loan.

43. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce all ‘Call Reports’ and any other related ‘Notes’ or instruments made or constructed for the entire RP period covering the Loan.

44. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce evidence of the original ‘Deposit Slip’ issued for the Deposit of SENTASHA KEYAMA-JOY WILLIAMS “Borrower’s” ‘Promissory Note’ associated with the Loan.

45. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the ‘Original Order’ authorizing the withdrawal of Funds from the Borrower’s ‘Promissory Note’ Deposit Account.

46. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the ‘Account Number’ and source from which the money came to ‘Fund’ the original ‘Check’ given to the ‘Borrower’.

47. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce ‘Verification’ evidence, and proof that SENTASHA KEYAMA-JOY WILLIAMS “Borrower’s” ‘Promissory Note’ was a ‘Gift’ to the ‘Lender’ from SENTASHA KEYAMA-JOY WILLIAMS, Borrower; and that the same was disclosed to the Borrower (SENTASHA KEYAMA-JOY WILLIAMS).

48. Ocwen, Deutsche Bank National Trust et alii or its Assigns are hereby ‘Requested’ to produce the full and complete ‘Names’ and the ‘Addresses’ of the ‘Lender’s CPA and ‘Auditor’ or any other holder or record - keeper for the entire period covering the Execution of the Mortgage or Loan.

49. Provide evidence that the holder of the deed of trust is the agent of the holder of the note.

50. Provide evidence that MERS is the original holder of the promissory note or that the principals/agents of FREEMONT INVESTMENT AND LOANS gave MERS the authority to transfer the note.

of 15


Affidavit of Truth

51. Provide copies of the following:

1) Form S3 registration statement 2) Form 424(b)(5) prospectus (for the SBC)[;] 3) Form FR 2046 balance sheets[;] 4) Form FR 2049 balance sheets[;] 5) Form FR 2099s balance sheets All of which are subject to disclosure under the privacy act, Title 5 USC 552(b)(4).

52. Provide a copy of the 1099 OID for this loan and fill out the enclosed W-9.

53. Stipulate via an affidavit that is signed under the penalty of perjury that Ocwen (principals/agents) are in-fact the Creditor in this loan/security instrument that is the Real Party in Interest and that a note can be transferred and assigned to another party after it has been securitized.

54. Stipulate via affidavit of truth that the closing attorney, WEISSMAN NOWACK CURRY & WILCO, did not receive any funds (money) from FREEMONT INVESTMENT and LOANS that pertained to the loan proceeds outside of the pertinent closing costs.

55. Stipulate via an affidavit of truth that the Allonge that transferred the promissory note (negotiable instrument) from Secured Funding LLC to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLE LLC TRUST 2006-FR4 was not robo-signed.

56. Provide a copy of All Assignment and Assumption Agreement that have been created since the commencement of this loan to date.

57. Provide a copy of the chain of securitization for LOAN# 705794592 / MIN# 1001944-6000226540-3.

58. Provide a copy of the corporate charters for OCWEN, WEISSMAN NOWACK CURRY & WILCO & ALTISOURCE.

59. Who has lawful possession of the securities? Names and titles of the investors, principals and agents (natural persons). Produce the prospectus and the detailed earnings report for this note that has been securitized?

60. Per my public constructive notice that is filed on the Public Records of the Superior Court of Fulton County, LIBER# 2013-243863-MISC-NR-BOOK-MS-24-Page 436-438 use or publishing of the trademark, SENTASHA KEYAMA-JOY WILLIAMS without my written/verbal consent is a violation that creates a self-executing agreement where the violator(s) agree to compensate me for such ill-will.

61. Who placed the order to print my trademark, SENTASHA KEYAMA-JOY WILLIAMS inside of the Daily Report Newspaper? Names, titles, and contact numbers for the principals and agents (natural persons) along with the name of the corporate entity. Do provide a copy of the order entry form that was submitted in June 2013. As a result of that order my trademark was published in the newspaper without my consent.

Refusal to provide the aforementioned shall be deemed as a violation of 15 USC §1692g (b), the Uniform Commercial Code, laws of Discovery, The Truth & Lending Act,

and the Real Estate Settlement and Procedures Act Validation of Ocwen’s alleged claims and data within the letter is required within 5 business days.

of 15


Affidavit of Truth

If you all wish to waive this disclosure and discovery process, then it will be fair plumb and square to release all claims, liens and cease all existing/future controversy and honor the facts of this matter; acknowledge that this loan has been discharged and that Ocwen is not the true party in interest and that Ocwen never lent I, SentAsha anything. In accepting this offer, one of your principals and/ or leading agents shall write a letter stating that this there is a zero balance and that you all acknowledge that this loan has been discharged in bankruptcy and that Ocwen had no standing to administer a modification and apologizes for such error. Also all pertinent documentation in regards the release of all liens shall be provided as well. The letter and documentation can be sent to my attention via USPS express/certified mail and faxed to: Sis. SentAsha KeyAma-Joy El (f/k/a SentAsha KeyAma-Joy Williams) IN RE: SENTASHA KEYAMA JOY WILLIAMS (Trademark) P.O. BOX 957 Terrain: Atlanta, Georgia [30301] Continent: North America Fax: 866.323.6925

Affiant Closing Statement and Exhibits to Follow

of 15


Affidavit of Truth

______________________________ _______________________________________________________

In Full Life via the Breath of Lfie; All Rights Reserved. Without Prejudice. SentAsha KeyAma-Joy El (f/k/a SentAsha KeyAma-Joy Williams),In Propria Persona Sui Juris Authorized Representative and Beneficiary for the Corporate Trust/Estate: SENTASHA KEYAMA-JOY WILLIAMSMIP (Trademark) c/o Post Office Box 957 • Terrain: Atlanta, Georgia Terrain [30301] • Continent: North America Phone: 404.944.2072 • [email protected] • Fax: 866.323.6925

I Am:

Hibu (Love), Haqq (Truth), Salaam (Peace), Hurryatun (Freedom), Adl (Justice)

Tor’asha (Inheritance), Yah’asha (Legacy), Mor’asha (Heredity)

of 15


Affidavit of Truth

EXHIBIT A: DISCHARGE ORDER

of 15


Affidavit of Truth

EXHIBIT B: Mortgage Discharged

EXHIBIT

EXHIBIT: 1st Mortgage

Proof that the loan has been discharged.

of 15


Affidavit of Truth

EXHIBIT C: Mortgage is Inactive In MERS

of 15


Affidavit of Truth

EXHIBIT D: Page 1 -Affidavit of Lost Assignment

of 15


Affidavit of Truth

EXHIBIT D: Page 2 - Affidavit of Lost Assignment

of 15


Affidavit of Truth

ACKNOWLEDGED

NO AMOUNT DUE DISCHARGED IN BANKRUPTCY

Case# 10-60992-jb

Ocwen: Should’ve Never Been Collecting Payments or Administering Modifications.

Ocwen: NOT the Holder in Due Course. Ocwen: NOT the Real Party in Interest

Ocwen: Has NO Standing Ocwen: NOT a winner in the case

Bellistri v. Ocwen Why? Ocwen Couldn’t Prove that they

are the Holder in Due Course and couldn’t prove that they have standing and could not prove that they are the real party in interest.

of 15


Affidavit of Truth

ACKNOWLEDGED

NO AMOUNT DUE DISCHARGED IN BANKRUPTCY

Case # 10-60992-jb

Ocwen: Should’ve Never Been Collecting Payments or Administering Modifications.

Ocwen: NOT the Holder in Due Course. Ocwen: NOT the Real Party in Interest

Ocwen: Has NO Standing Ocwen: NOT a winner in the case Bellistri v. Ocwen

Why? Ocwen Couldn’t Prove that they are the Holder in Due Course and couldn’t prove that they

have standing and could not prove that they are the real party in interest.

SentAsha - REBUTTAL TO ALDRIDGE CONNORS LLP’S & … · 2015-02-26 · SentAsha KeyAma-Joy EL P.O....

Documents

Transcript of SentAsha - REBUTTAL TO ALDRIDGE CONNORS LLP’S & … · 2015-02-26 · SentAsha KeyAma-Joy EL P.O....