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Affidavit of Fact

Affidavit of Fact

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This Affidavit will take all of the findings in the Chain of Title Analysis and convert the findings to factual statements. Trimmed of all unnecessary information, this document is ideal to be entered into court as evidence.
This Affidavit will take all of the findings in the Chain of Title Analysis and convert the findings to factual statements. Trimmed of all unnecessary information, this document is ideal to be entered into court as evidence.

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Categories:Types, Presentations
Published by: Mortgage Compliance Investigators on Oct 29, 2013
Copyright:Attribution Non-commercial

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07/28/2014

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

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