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California Notary Public Complaint

Certified Mail #7009 2250 0003 7738 3482 and #7009 2250 0003 7738 3499

Patrick Leslie Fishell


500 North Estrella Pkwy. #B2-121
Goodyear, Arizona 85338

January 03, 2011


Ms. Debra Bowen, Mr. Edmund G. Brown,
California Secretary Of State California Attorney General
Notary Public Section Office of Victims Services
P.O. Box 944877 P.O. Box 944255
Sacramento, California 94277-0001 Sacramento, CA 94244-2550
Certified Mail # Certified Mail #
7009 2250 0003 7738 3482 7009 2250 0003 7738 3499

RE: Notary Public Complaint

Dear Ms. Bowen and Mr. Brown,

I am formally requesting the Secretary of State of the State of California and the Attorney
General of the State of California investigate the notary violations and apparently criminal
actions of California Notary Public Kraig M. Kirtley, Commission # 1832689. For Mr. Brown as
the Attorney General, I believe this would include investigation of the fraudulent attestation by
Cindi Ellis, on a legal instrument utilized as the first step in the institutionalized practice of
stealing title to real property then the property itself, under color of title, color of legal process,
and law, by falsely claiming status and authority as detailed below.

Description of Crimes

I believe that the attached SUBSITUTION OF TRUSTEE (EXHIBIT “A”) document


signed/notarized on May 27, 2009 and recorded in the Maricopa County Recorder on May 28,
2009, is false and /or forged. The SUBSITUTION OF TRUSTEE is fraudulent due to false claims
of status/offices and requisite signing authority of both “Assistant Vice President and Assistant
Secretary” of Mortgage Electronic Registration Systems Inc. (MERS), by Cindi Ellis. Further
suspicion of malfeasance arises because the substitute trustee’s office is in San Francisco and the
genuine original signature/notary page (of which I only have a copy) shows it was executed in
Orange County, CA, likely at the offices of American Home Mortgage Servicing Inc. (AHMSI).
Both documents were then recorded in Maricopa County Arizona merely one day later.

The SUBSITUTION OF TRUSTEE document has the legally requisite and identically
worded jurat on the bottom of the page, which was crossed out, as the jurat on page 2. Why was
the second page used? Perhaps because in doing it that way it enabled Kraig M. Kirtley and
Cindi Ellis to execute numerous signature and notarization pages independent of the
instrument/document the signature page was later attached to. That would explain the scratching
out of the jurat on page one and a separate signature/notary page as page two. By executing the

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California Notary Public Complaint
Certified Mail #7009 2250 0003 7738 3482 and #7009 2250 0003 7738 3499

signature/notary page in that way it would enable Kraig Kirtley and Cindi Ellis to execute
numerous signature and notarization pages in the offices of AHMSI in Irvine CA, independent
of, and without knowledge of, the/any document the signature page was later attached to it in the
San Francisco offices of Fidelity National Title Insurance Company (FNTIC), which they likely
did. Per MERS’s website, MERS is located in Reston VA with an off in Lansing MI. Assuredly,
the documents pertaining to my property and I are definitely not the only ones executed by the
Cindi Ellis – Kraig M. Kirtley duo of robo-signers

To repeat, the substitute trustee FNTIC office bears a San Francisco address. MERS has
no location or office in California. A simple on-line search reveals that both Cindi Ellis and
Kraig Kirtley live and work in the Irvine area of Orange County, CA. See the enclosed copies of
said on-line searches; for Cindi Ellis –EXHIBIT “B”; for Kraig M. Kirtley- EXHIBIT “C”.

Those instruments have been unlawfully filed into a public office in the State of Arizona
in violation of A.R.S. §§ 39-161, 13-2407, 13-2311, 33-420 and others.

Recently, the treasurer/secretary of MERS, William Hultman, was deposed by a law firm
for an ongoing case in New Jersey Superior Court of Atlantic County. See http://4closurefraud.
org/2010/08/27/full-deposition-of-william-hultman-secretary-and-treasurer-of-merscorp/, or
here; http://www.scribd.com/doc/36521121/Full-Deposition-of-William-Hultman-Secretary-and-
Treasurer-of-MERSCORP and/or the enclosed relevant parts of a copy of the transcript of Mr.
Hultman’s deposition EXHIBIT “D”. His answers are nothing short of stunning. He admitted to
the fact that anyone could claim to be a “vice president” of MERS in documents initiating
foreclosures, even if MERS had never actually ever heard of the person. To be a legitimate
officer of any corporation there must be a corresponding corporate resolution. In the same
deposition Mr. Hultman admitted there are no such documents for the thousands of alleged
assistant VP/assistant Secretaries.
In relevant part of the above referenced deposition:
At page 70, lines 1 to 10:
Q “then. Does MERS have any salaried employees?
A No.
Q Does MERS have any employees?
A Did they ever have any? I couldn't hear you.
Q Does MERS have any employees currently?
A No.
Q In the last five years has MERS had any employees?
A No.
At page 71, in relevant part at lines 13 through 25:
Q How many assistant secretaries have you appointed pursuant to the April 9, 1998
resolution; how many assistant secretaries of MERS have you appointed?
A I don't know that number.
Q Is it in the thousands?

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California Notary Public Complaint
Certified Mail #7009 2250 0003 7738 3482 and #7009 2250 0003 7738 3499

A Yes.
Q Have you been doing this all around the country in every state in the country?
A Yes.
Q And all these officers I understand are unpaid
At page 72, in relevant part at lines 1 through 8:
officers of MERS?
A Yes.
Q And there's no live person who is an employee of MERS that they report to, is that
correct, who is an employee?
A There are no employees of MERS.

Authority Of Mortgage Electronic Registration Systems (MERS)

(The following three paragraphs is taken directly from a forensic mortgage and foreclosure examination
by Charles Horner, of Charles J. Horner & Associates, Forensic Document Examiners, 4045 Bonita Road
Suite 211, Bonita, CA 91902 on another house I own and which I am faced with virtually the same
corporate entities. I am in process to do the same on the property that is the subject of this complaint.)

MERS is an enterprise that holds the mortgages of 60 million American homes. It was
created by the Mortgage Bankers Association in the 1997 to run a computer registry that records
mortgage loan trading activities in connection with the securitization of asset backed
investments. It was primarily set up to cut costs on paperwork and publication requirements by
registering the assignment of security instruments from one investor to the other. In the
securitization process, mortgage loans may be purchased by one single investor or a group of
many under one depository trustee without the need to record the transaction in the County in
which the asset is located. The problem with MERS is that the real beneficiary is faceless and
obscured from public records. By MERS standard contract agreement with its member banks,
Notes are assigned to MERS in blank in order to affect the transfer of securities from one
investor to the other. The problem here is, a blank note does not set a paper trail of who the
owners of these investments were at any given time and therefore, a note assigned in blank does
little as to enforcement. Essentially, anyone could come forth with a copy and claim to be the
owner of the note.

MERS has since evolved from that of a simple registration system to that of the custodian
of powers. As such, MERS has essentially blocked homeowners from preventing their houses
from becoming foreclosures and loan fraud victims from pursuing their cases in court because
they could not identify the companies holding their mortgage notes. Recent court rulings in
several states have challenged MERS in foreclosure cases and have found that, at best, MERS
only holds a copy of the blank note with the true beneficiary holding the original note. MERS
however commences the foreclosure process by supposedly assigning the security instruments to
a Trustee. At best, the Trustee is in possession of blank security instruments at the time the
Notice Of Default is recorded while the still unidentified holder of the real Note remains
obscured.

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California Notary Public Complaint
Certified Mail #7009 2250 0003 7738 3482 and #7009 2250 0003 7738 3499

In a foreclosure situation whereby MERS is the claimed beneficiary and the true
beneficiary obtains the Trustee’s Deed affecting a credit sale back to the lender, MERS schemes
to avoid the transfer tax of the transaction. Furthermore, in non-judicial states, MERS admits to
merely holding title as nominee for the true beneficiary. Here is an excerpt from their own web
site. “Normally, where the name of the grantee under the Trustee’s Deed Upon Sale is different
than the name of the foreclosing entity, the Trustee’s Deed Upon Sale states that the "Grantee
was not the foreclosing beneficiary." This designation triggers the imposition of transfer taxes on
the sale. It is important to note that in a MERS foreclosure sale, even where the property reverts,
the name of the grantee will be different than the name of the entity foreclosing. Nonetheless, the
Trustee’s Deed Upon Sale should state that "The Grantee was the foreclosing beneficiary." This
is because MERS merely holds title as nominee for the true beneficiary; it is the true beneficiary
that has actually foreclosed and acquired title”. By this admission, MERS has stated that they
are not, and was not, the true beneficiary thereby nullifying the nomination pursuant to the Deed
Of Trust.

Falsely Claimed Position of Authority of Cindi Ellis – (aka FRAUD)

Cindi Ellis, at the time she affixed her squiggly line signature to the SUBSITUTION OF
TRUSTEE, if in fact it was truly she that squiggled it, was employed by AHMSI at its Irvine CA
location, was not and never was an officer of Mortgage Electronic Registration Systems Inc. (and
cannot produce evidence of that office per the deposition of MERS Secretary-Treasurer William
Hultman (EXHIBIT “D”) to prove her status/office as she claimed on the SUBSITUTION OF
TRUSTEE document).

Accessory to Fraud Under Color of State Office Authority

I also believe California Notary Public Kraig M. Kirtley is/was in fact a “robo-signer”, in
this instance who worked in concert with fellow “robo-signer” Cindi Ellis who is (or was at the
time of signing the SUBSITUTION OF TRUSTEE document that is the subject of this complaint)
in fact employed at/by AHMSI’s Irvine, CA office and signing documents falsely claiming to be
an “Assistant V.P. and Assistant Secretary” of Mortgage Electronic Registration Systems
(MERS). Kraig M. Kirtley knew of Cindi Ellis’s employment by AHMSI and not MERS thereby
he assisted in committing felonious acts of filing false and/or forged documents into a public
office in Arizona in violation of A.R.S. §§ 39-161, 13-2407, 13-2311, 33-420 and others.
Another simple on-line search produces sources that reveal Cindi Ellis is a named defendant in
lawsuits for the same reason that gives rise to this complaint, and purportedly has other executive
positions in several other companies.

I also believe California Notary Public Kraig M. Kirtley has committed Notary Fraud and
is the origination point of other felonious acts against myself; the State of Arizona, and many
others; and may attempt to conceal his criminal acts by withholding his record book, which said

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California Notary Public Complaint
Certified Mail #7009 2250 0003 7738 3482 and #7009 2250 0003 7738 3499

record book would prove conclusively that California Notary Public Kraig M. Kirtley has
violated the integrity of his commission of Notary Public and violated his oath of office .

I therefore request your respective offices to investigate the actions of California Notary
Public Kraig M. Kirtley and determine a finding of fact and conclusion of law concerning the
aforementioned. Accordingly, if your office agrees that California Notary Public Kraig M.
Kirtley has violated any of the aforementioned laws of California, or others, I request the
appropriate actions be taken against California Notary Public Kraig M. Kirtley and that I be
informed of all actions.

I am formally notifying the offices of California Secretary of State and the California
Attorney General of California Notary Public Kraig M. Kirtley’s and Cindi Ellis’s felonious acts
in accordance with 18 USC § 4.

Please order California Notary Public Kraig M. Kirtley respond to this request pursuant
to the applicable California Laws. Please order California Notary Public Kraig M. Kirtley
produce a copy of her/his journal for the year of 2009 pursuant to the applicable California Laws.

In closing, I would like this office to consider the fact that California Notary Public Kraig
M. Kirtley’s criminal acts have been and/or are being committed using a government issued
authority; and under color of state law to deprive me of my constitutionally protected civil rights;
and are the sole cause and relevant factors that have allowed AHMSI, a loan servicing company
registered in the State of Texas as a debt collector, in conspiracy with FNTIC, MERS, and
Deutsche Bank National Trust Company and possibly others, to commence an unlawful
foreclosure on my real property.

I have also attached a letter from the Secretary of State of the State of Arizona
(EXHIBIT “E”) concerning a similar matter involving an Arizona Notary Public. The letter is
very succinct in its listing of the similar violations committed by an Arizona Notary Public.

Sincerely,

______________________________
Patrick Leslie Fishell, without prejudice

5
EXHIBIT “B”

Information on Cindi Ellis


Address: 140 Clearbrook, Irvine, CA 92614

“Robo-signer” for
American Home Mortgage Servicing, Inc.
Address: 6501 Irvine Center Drive, Irvine, CA
92618
cindi ellis mers - Google Search http://www.scroogle.org/cgi-bin/nbbw.cgi

cindi ellis mers - Google Search

1. Wells Fargo, Option One, American Home Mortgage Relationship ...

"30 Mar 2010... 2009) is by “Cindi Ellis” as Asst. VP of Deutsche Bank National Trust .... It states
MERS residing or located at c/o Wells Fargo Bank, ..."
livinglies.wordpress.com/2010/03/30/wells-fargo-option-one-american-home-mortgage-relationship/

2. STRATEGIC DEFAULTS RISING ON ROBO-SIGNED DOCUMENTATION ...

"22 Oct 2010 ... Cindi Ellis signs as the Assistant vice president of MERS but her background
employs her working at American Home Mortgage Servicing Inc. ..."
livinglies.wordpress.com/2010/10/24/strategic-defaults-rising-on-robo-signed-documentation/

3. More Orders From Judge Shack in New York « Livinglies's Weblog

"5 Nov 2010 ... I too have the differen't addresses of 520 Broadhollow and 538 Broadhollow
Mellville N.Y. with Cindy Ellis Vice President of MERS.signing. ..."
livinglies.wordpress.com/2010/11/05/more-orders-from-judge-shack-in-new-york/

4. Commonwealth of Massachusetts the Trial Court Land Court ...

"See Ibanez, Aff. of Cindi Ellis (May 7, 2008) (submitted to the Registry for Option One “as
attorney in fact for U.S. Bank National Association, ..."
www.scribd.com/doc/21077749/Commonwealth-of-Massachusetts-the-Trial-Court-Land-Court-
Department-Hampden

5. Cindi Ellis - Email, Address, Phone numbers, everything! 123people.com

"22 Oct 2010 by Neil Garfield Cindi Ellis signs as the Assistant vice president of MERS but her
background employs her working at American Home Mortgage ..."
www.123people.com/s/cindi+ellis

6. Cindy Ellis - Free people check with news, pictures & links ...

"Check Cindy Ellis: Giveaway, Cynthia, School, Music, District, Michigan, Review, Fieber, ...
Mellville N.Y. with Cindy Ellis Vice President of MERS.signing. ..."
www.yasni.com/cindy+ellis/check+people

7. AMICUS BRIEF FILED FOR LANDMARK MASSACHUSETTES CASES IBANEZ ...

"5 Oct 2010... Deed executed by “robo-signer” Cindi Ellis were all unauthorized. .... MERS 101 ·
CLASS ACTION AMENDED against MERSCORP to include ..."
stopforeclosurefraud.com/2010/10/05/amicus-brief-filed-for-landmark-massachusettes-cases-
ibanez-larace/

8. Cindi Ellis | Facebook

"Cindi Ellis is on Facebook. Join Facebook to connect with Cindi Ellis and others you may know.
Facebook gives people the power to share and makes the world ..."
www.facebook.com/people/Cindi-Ellis/1052091873

1 of 3 12/19/2010 11:03 AM
cindi ellis mers - Google Search http://www.scroogle.org/cgi-bin/nbbw.cgi

9. pacini | Facebook

"Catherine Jalbert Du sel de mer de Cécile? Non non, de marde de Cécile! 7 ..."
www.facebook.com/pages/pacini/128263873893949?sk=wall

10. Linda Green – Can't Get No Satisfaction « Foreclosure Fraud ...

"22 Jul 2010 ... Jan 2, 2009, Cindi Ellis, an “assistant secretary of the Plaintiff” signs an ....
Arkansas Supreme Court Denies MERS Legal Standing ..."
4closurefraud.org/2010/07/23/linda-green-cant-get-no-satisfaction/

11. docx « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing ...

"Did NOT Have Signing Authority on Behalf of MERS .... Gaylee Cone, Option ..."
4closurefraud.org/tag/docx/

12. Cindi Ellis (Cindi) on Myspace

"Cindi Ellis (Cindi)'s profile on Myspace, the leading social entertainment destination powered by
the passion of our fans."
www.myspace.com/cindiellis

13. Cindi Ellis - LinkedIn

"View Cindi Ellis's professional profile on LinkedIn. LinkedIn is the world's largest business
network, helping professionals like Cindi Ellis discover ..."
www.linkedin.com/pub/cindi-ellis/10/b56/670

14. Longevity | Beauty | Sexy made simple

"22 Apr 2010 ... A moisturiser like La Mer, The Bodyme, or Vaseline Cocoa Butter Smoothing Body
Butter helps ... Photographer: Cindy Ellis. Your Score: ..."
longevitymag.co.za/b_beauty/sexy-made-simple/

15. Lunbery v. Hornbeak - UNITED STATES COURT OF APPEALS FOR THE NINTH ...

"25 May 2010 ... ously occupied by Cindy Ellis and Ellis's ex-husband Frank ..... mer tenant of
Kristi's home, Frank Delgado, were involved in ..."
www.ca9.uscourts.gov/datastore/opinions/2010/05/25/08-17576.pdf

16. Real Property Cases filed in the California Eastern District Court ...

"Plaintiffs: Mortgage Electronic Registration Systems, Inc. "MERS" and Tariq M Katina .... Cindi
Ellis, Fabiola Camperi, Fidelity National Title and others ..."
dockets.justia.com/browse/state-california/court-caedce/noscat-2/?page=7

17. COURT OF APPEALS MAKES APPROVAL OF MOUNTAINTOP STRIP MINING


EASIER

"BROOKS BIRD CLUB: Cindy Ellis, RR 1, Box 163, Red House, WV 25168 (304) 586-4135 ....
mer, a local organization called Mountain Com- ..."
www.wvhighlands.org/Voice%20PDFs/VoiceDec05.pdf

18. Silence follows union election

"17 Dec 2004 ... mer 2005. Typically, one to two faculty accompany a pro- gram of 12 to 30
students. ..... For Christmas, Cindy Ellis, information technol- ..."

2 of 3 12/19/2010 11:03 AM
cindi ellis mers - Google Search http://www.scroogle.org/cgi-bin/nbbw.cgi

www.wsutoday.wsu.edu/Content/Publications/wsutoday%2012-17-04.pdf

19. Summit Vol 3 Issue 4:Layout 1.qxd

"Cone, Vicki Tsai, Chrys Houston (FIS), Cindi Ellis, Rosario Brockway,. Kim Ecklund. FREMONT
INVESTMENT AND LOAN MANAGEMENT: ..."
www.realestatedefaultgroup.com/uploads/summit_vol3_issue4.pdf

20. Winter Today

"Cindy Ellis. Sandefur '94 who has a bachelors degree in accounting and business ...... mer.
Electrical and plumbing work as well as kitchen equipment was ..."
www.kentuckywesleyan.net/alumni/kwtoday/_documents/win01.pdf

number of results: 20 50 100

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3 of 3 12/19/2010 11:03 AM
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About 95,800 results (0.31 seconds) Advanced search

Everything ► Can't Get No Satisfaction - Foreclosure Hamlet


Jul 22, 2010 ... Morello Aff Lost Note Cindi Ellis AHMSI.pdf. RECORDED 5/28/2009: Feb
Images
19, 2009, a DocX Affidavit of Correction executed by Linda Green ...
Videos www.foreclosurehamlet.org/profiles/blogs/cant-get-no-satisfaction - Cached

More Linda Green – Can't Get No Satisfaction « Foreclosure Fraud ...


Jul 22, 2010 ... Morello Aff Lost Note Cindi Ellis AHMSI.pdf. RECORDED 5/28/2009: Feb
Phoenix, AZ 19, 2009, a DocX Affidavit of Correction executed by Linda Green ...
Change location 4closurefraud.org/2010/07/23/linda-green-cant-get-no-satisfaction/ - Cached

Linda Green – Can't Get No Satisfaction | How To Stop Foreclosure


Show search tools Jul 24, 2010 ... Morello Aff Lost Note Cindi Ellis AHMSI.pdf. RECORDED 5/28/2009: Feb
19, 2009, a DocX Affidavit of Correction executed by Linda Green ...
www.how2fightforeclosure.com/.../linda-green-–-can’t-get-no-satisfaction/ - Cached
Fight Foreclosure | How To Stop Foreclosure - Part 40
Morello Aff Lost Note Cindi Ellis AHMSI.pdf. RECORDED 5/28/2009: Feb 19 ...
www.how2fightforeclosure.com/category/fight-foreclosure/.../40/ - Cached
Show more results from how2fightforeclosure.com

[PDF] Morello Aff Lost Note Cindi Ellis AHMSI.pdf - [ffi;;tw,l


File Format: PDF/Adobe Acrobat - Quick View
Cindi Ellis. 1. Affiant is Assi$ant Sccrctary of the Plaintiff in the above styled action. Affiant
has custody and personal knowledge of the account ...
api.ning.com/files/.../MorelloAffLostNoteCindiEllisAHMSI.pdf

Wells Fargo, Option One, American Home Mortgage Relationship ...


Mar 30, 2010 ... I am in a tedious and unfair battle with AHMSI and we use to get ..... 2009)
is by “Cindi Ellis” as Asst. VP of Deutsche Bank National Trust ...
livinglies.wordpress.com/.../wells-fargo-option-one-american-home-mortgage-relationship/ -
Cached

Cindi Ellis - LinkedIn


Orange County, California Area - Loss Mitigation at American Home Mortgage Servicing, Inc.
f/k/a Option One Mortgage Corporation
View Cindi Ellis's professional profile on LinkedIn. ... Monitors staff activity to ensure
compliance with AHMSI investors, MI companies, Fair Debt (FDCPA) ...
www.linkedin.com/pub/cindi-ellis/10/b56/670 - Cached

Cindi Ellis | Facebook


Friends: Rob Demartino, James Moskito, Charles Brooks, Abbie Eckhardt, David Diesing
Cindi Ellis is on Facebook. Join Facebook to connect with Cindi Ellis and others you may
know. Facebook gives people the power to share and makes the world ...
www.facebook.com/people/Cindi-Ellis/1052091873 - Cached - Similar

Cindi Ellis (Cindi) on Myspace


Cindi Ellis (Cindi)'s profile on Myspace, the leading social entertainment destination powered
by the passion of our fans.
www.myspace.com/cindiellis - Cached

AMICUS BRIEF FILED FOR LANDMARK MASSACHUSETTES CASES


IBANEZ ...
Oct 5, 2010 ... Tags: AMICUS BRIEF, antonio, appeals court, bank of america, bankruptcy,
cindi ellis, double, foreclosure fraud, glenn f. russell, GMAC, ...
stopforeclosurefraud.com/.../amicus-brief-filed-for-landmark-massachusettes-cases-ibanez-
larace/ - Cached

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1 of 1 12/13/2010 9:04 PM
ffi
i1 vs. C{VILIf,VMN
DANIEL E MORELLO, et al, CASE NO-: 5(}Zfi}t{A{t't05tffi
Defendants.

srArE oF Califomia
)SS:
coLTNTY oF omnge
AFFIDAVIT OF LOST ORIGINAL DOCUMENT

BEFORE ME, the undersigned authority, personally appeared Cindi Ellis


who being duly sworn, deposes and says:

1. Affiant is Assi$ant Sccrctary


of the Plaintiff in the above styled action. Affiant has custody
and personal knowledge of the account pertaining the original mortgage ioan instruments. Aff,rant
has actual and personal knowledge of the facts stated herein and is authorized to make this
Affidavit

2. The original Note, which was executed and delivered by , on January 31,2007
has been lost or destroyed. It is not presently in the custody or control of the Plaintiff or any of
Plaintiffs agents. Affiant is unaware of the time or circumstances surrounding the loss or
destruction of said Note. The copy of said Note attached to the Complaint is a true, correct and
substantial copy of the lost or destroyed Note. The persons named inlthe Complaint are the only
persons known to Plaintiff, or any of its agents, who are interested for or against reestablishment
of the subject Note.

3. Plaintiff was in possession of the subject Note and was entitled to enforce it when loss of
possession occurred. The loss of possession was not the result of a transfer by Plaintiff or a lawful
seizure. Plaintiffcannot reasonably obtain possession ofthe subject Note because its whereabouts
cannot be determined. Pursuant to Florida Statute 613.3091, Plaintiff hereby holds the Defendant
obligor (s) of the Note harmless and agrees to indemnify them from any loss they may incur by
reason of a claim by any other person/entity to enforce the lost Note.

FURTHER AFFIANT SAYETH NAUGHT

CindiEllis
Affiant

ribed before me,


lt
this l- o^r,t l^fq
Commissioned Name of Notary Public
Personally known _ or produced identificqtion
Type of Identification Produced [ffi;;tw,l

08-63626
SU M M I T
THE ENCOURAGING PEAK PERFORMANCE IN THE FIS PARTNERSHIP

December 2007 Volume 3 Issue 4

B USINESS O BJECTS
IN THIS ISSUE BY MICHAEL CLOIN
VICE PRESIDENT, BUSINESS ANALYTICS / FINANCIAL SUPPORT
FIS INFORMATION 2 from the FIS Desktop without maintaining
FIS CONTACTS 3
T he FIS Foreclosure Solutions, Inc.
Business Analytics group supports the
analysis tools, live reporting environment,
a separate reporting Web site user name and
password. This will streamline both user
RAMIFICATIONS OF FANNIE and ad-hoc reporting needs of FIS setup and ongoing maintenance.
MAE CAP ON TITLE COSTS 4 Foreclosure Solutions and its customer base. Performance and stability are two more
The Business Analytics team maintains the key benefits of the transition to the Business
CLIENT SPOTLIGHT 5 content available on the FNDS Reports Objects environment. Business Objects
Online Web site, including the Attorney allows for more simultaneous requests on key
EMPLOYEE SPOTLIGHT:
Performance Reports (APR). FNDS reports, such as the APR. Additionally, the
CHRYS HOUSTON 6
Reports Online currently stores more than user-friendly interface makes it easy to
THE FUTURE OF FDCPA 800 live Crystal reports and archives over locate and find specific reports quickly.
LAWSUITS 7 10,000 static reports (in PDF, Excel, or text
files). Each month, there are more than Increased Data Processing Capacity
Q3 ATTY RECOGNITION 8 36,000 views of these reports. While moving to a new reporting environment,
Based on the growth of the FIS a new SQL Server 2005 data processing
EMPLOYEE ANNIVERSARIES 9
Foreclosure Solutions-managed portfolio environment was brought online this year.
DEPARTMENT SPOTLIGHT: over the past several years and due to This exponentially improves response time
QUALITY CONTROL 10 increased reliance on our reporting environment for live reports that are requested through
for near real-time data for analysis and decision Business Objects. This environment better
FIRM SPOTLIGHT: HUGHES support, two projects will be completed in supports our production of key performance
WATTERS & ASKANASE 12 2008 that demonstrate our commitment to reporting such as the APR, Client Power
LOOKING BEYOND THE customer-focused solutions. Rating (CPR), and Monthly Performance
HEADLINES 14 Reports (MPR). We have already experienced
Business Objects Implementation an 80 percent reduction in nightly processing
STATE YOUR CASE 15 In the first quarter of 2008, Business Objects time for the APR.
will replace FNDS Reports Online as the FIS Foreclosure Solutions is committed
NOTICE THE NETWORK 16 primary reporting environment. Business to providing in-depth analysis and user-driven
APR CHANGES 17 Objects is a full-featured environment, providing data solutions through the Business Analytics
the infrastructure for housing both live Crystal group. The implementation of Business Objects
ATTORNEY GUEST SEMINARS 18 reports and static documents. In addition, and a new data processing medium is the
Business Objects provides a wide array of product of much effort across several teams
TECHNOLOGY NEWS 19 tools that facilitate reporting dashboards, within our organization. By continuing to raise
PEAK PERFORMANCE dynamic drill-down reports, interactive maps, the bar for ourselves and to partner with
AWARD WINNERS 20 and other tools that we can leverage for years our colleagues in the industry to understand
to come. Business Objects is currently live the needs for specific tools, we will continue
for some users and remaining users will be to add value by providing relevant customer-
phased in during the first quarter of 2008. focused solutions to our mortgage servicing
Integrated Security is one of the greatest clients and to their Attorney Network.
initial benefits of the Business Objects product.
Users will be able to access Business Objects

THE SUMMIT A publication of FIS Foreclosure Solutions, Inc.


MIT VOL. 3 ISSUE 4 THE SUMMIT

CLIENT SPOTLIGHT: FREMONT AND OPTION ONE - CA


Cindi Ellis of OPTION ONE which
became AMERICAN HOME
MORTGAGE SERVICING, INC. ,
6501 Irvine Center Dr., Irvine, California

OPTION ONE:
Back: Camron Hashemi, Michael Campos, Kathleen DeGrammont,
Jim McGraw, Raymond Elmes, Gino Tomasino
Front: Angelica Lopez (FIS), Tracy Solomon, Scarlett Lang, Gaylee
Cone, Vicki Tsai, Chrys Houston (FIS), Cindi Ellis, Rosario Brockway,
Kim Ecklund

FREMONT INVESTMENT AND LOAN MANAGEMENT:


Scott Walker, Chrys Houston (FIS), Cynthia VanPatten,
Angelica Lopez (FIS), Jamie Brander, Richard Power

FREMONT INVESTMENT AND LOAN:


Back: Luis Tena (FIS), Vikki Richards, Kristin Bowles (FIS), Scott Walker
Middle: Angelica Lopez (FIS), Danielle McKeon, Sabrina Olsen (FIS),
Zaneathea Murphy, Shelly Tello (FIS), Amber Olivares (FIS), Diana
Larrondo(FIS)
Front: Chrys Houston (FIS), Freddy Tierra, Christanya Blackman (FIS),
Emma Ramirez (FIS)

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EXHIBIT “C”

Information on California Notary Public


Kraig M. Kirtley
Commission # 1832689
Business Address: Real Estate Marketing Consultants
4 Viaduct Espiritu
Rancho Santa Magrarita, CA 92688
Phone: (949) 466-0064

Notary “Robo-signer” for


American Home Mortgage Servicing, Inc.
Address: 6501 Irvine Center Drive, Irvine, CA
92618
Allegedly for Mortgage Electronic Registration
Systems, Inc.
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4 Via Espiritu Rancho Santa Margarita, CA 92688


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Kraig Kirtley
EVP at Fidelity National Financial
Orange County, California Area Banking

Current EVP at Fidelity National Financial


EVP at Fidelity National Financial

Past Principal at Professional Lenders Alliance

Connections 48 connections

Public Profile http://www.linkedin.com/pub/kraig-kirtley/10/375/b3

Experience
EVP
Fidelity National Financial
Public Company; FNF; Insurance industry
May 2008 – Present (2 years 8 months)

EVP
Fidelity National Financial
Public Company; FNF; Insurance industry
May 2003 – Present (7 years 8 months)

Principal
Professional Lenders Alliance
Banking industry
1994 – 1996 (2 years)

Additional Information
Groups and
Associations: Mortgage Default Servicing Professionals

REO Professionals

Contact Settings
Interested In
● job inquiries ● expertise requests
● business deals ● reference requests
● getting back in touch

Send a message to Kraig Kirtley


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Carl Brown Professional Lenders
Doug Miles Alliance, LLC
Contact Kraig Kirtley Douglas E Miles
Hazelle Weissinger
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Maria Miller
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Industry View Full Screen

Education, Health, & Social 4,644 (19%)


Manufacturing 3,402 (14%)
Retail trade 3,130 (13%)
Professional, Scientific, &
3,067 (12%)
Mgmt
Finance, Insurance, & Real
See next page for expanded view of this area.
2,718 (11%)
Estate
Hospitality & Entertainment 1,952 (8%)
Construction 1,583 (6%)
Transporation & Warehousing 974 (4%)
Other Services 949 (4%)
Wholesale trade 931 (4%)

People Directory:

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Source: U.S. Census Bureau - A.C.S
2007

Rancho Santa Margarita, CA


Diversity

Total population 49,046 (100%)

1 of 3 12/30/2010 11:11 AM
Espiritu Management Inc

Carl Brown

Real Estate Marketing Consultants, Inc. Maria Miller

Kraig Kirtley

Professional Lenders Alliance, LLC

Hazelle Weissinger

Douglas E Miles

Doug Miles

2 of 3 12/30/2010 11:11 AM
Kraig Kirtley - Profile on CorporationWiki.com http://www.corporationwiki.com/California/Rancho-Santa-Margarita/krai...

White 40,973 (84%)


Asian 5,070 (10%)
Other 2,939 (6%)
Black 1,575 (3%) Home | Add Company | Advertising | Developers | Report Abuse | Terms of Use | Privacy | Contact Us
Native American 150 (0%)

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Source: U.S. Census Bureau - A.C.S


2007

3 of 3 12/30/2010 11:11 A
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11852 result(s) found

<< Previous results :: Next results >> New Search

See bottom of next page and top of page after that for
Mickey D Kinser, REALTOR®
Kraig M. Kirtley listing info.
Equity Group Realtors
104 Discovery
Irvine, 92618
Telephone 714-809-0003
Fax 951-277-0460
mickeykinser@yahoo.com
http://www.mickeykinser.com

Parisha Kinsey, REALTOR®


American Mortgage Empire
388 So Prospectors Rd. #115
Diamond Bar, 91765
Telephone 909-347-8114
Fax 909-474-8912
emaprocessing@yahoo.com

George H Kirakosian, REALTOR®


20th Century Realty
2458 Newport Blvd. #144
Costa Mesa, 92627
Telephone 714-606-9666
Fax
hscz214@yahoo.com

Jeffery Kirby, REALTOR®


Evergreen Realty
9901 Irvine Center Drive
Irvine, 92618
Telephone 949-753-7888
Fax 949-753-0671
jkirby4re@aol.com

Dustin Kircher, REALTOR®


Lenders Realty Inc.
2120 West Washington St
San Diego, 92110
Telephone 888-657-2008
Fax 714-917-0248
dustin.lendersrealty@gmail.com

Carol Kirk, REALTOR®


Evergreen Realty
9901 Irvine Center Drive
Irvine, 92618
Telephone 949-753-7888
Fax 949-753-0671
carol.kirk@evergreenrealty.net
http://carolkirk.com

Debbie Kirk, REALTOR®

1 of 4 12/30/2010 11:45 AM
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Bonterre Realty Group Inc


32545 Golden Lantern B-253
Dana Point, 92629
Telephone 949-616-4234
Fax 949-455-3029
marleymon3@gmail.com
http://www.DebbieKirk.com

Ryan Kirk, REALTOR®


Taskrow Realty
18377 Beach Blvd. #106
Huntington Beach, 92648
Telephone 949-281-3100
Fax 949-281-2157
ryan@taskrow.com
http://www.taskrow.com

Mechelle Kirkendoll, REALTOR®


Realty Network
26047 Acero, Ste. 100
Mission Viejo, 92691
Telephone 949-581-6885
Fax 949-581-6867
mechelle@ocrealtyprofessionals.com
http://ocrealtyprofessionals.com

Angelina Kirkpatrick, REALTOR®


Angelina Kirkpatrick, Broker
10 N. Vista de la Luna
Laguna Beach, 92651
Telephone 949-218-8900
Fax 949-218-8899
akirkpatrick@dmbinc.com
http://www.laderaranchrealty.com

Jeff Kirkpatrick, Affiliate


Coastal Inspection Services
28241 Crown Valley Pkwy #F432
Laguna Niguel, 92677
Telephone 949-481-2501
Fax 949-495-5763
coastalinspection@cox.net
http://www.coastalinspection.us

Kristi Kirkpatrick, REALTOR®


Realty Benefit
22691 Lambert St #502
Lake Forest, 92630-1613
Telephone 949-461-7900
Fax 949-461-7913
kkcompanies@mac.com
http://www.kristikirkpatrick.com

Lisa Kirros, REALTOR®


America's Choice Properties
23832 Rockfield Blvd #240
Lake Forest, A92630
Telephone 949-215-324
Fax 1949-215-482
realtorkirros@gmail.com

Terry Kirschner, REALTOR®


Prudential California Realty
209 Avenida Del Mar, Ste 104
San Clemente, 92672
Telephone 949-493-8812
Fax 949-493-9145
wterryk@gmail.com

Kraig M Kirtley, REALTOR®

2 of 4 12/30/2010 11:45 AM
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Southwest Real Estate Solution


4292 Skylark St
Irvine, 92604
Telephone 949-863-9040
Fax
kraig1@pacbell.net

Sandra L Kirtley, REALTOR®


Prudential California Realty
29947 Ave De Las Banderas#150
Rancho Santa Margari, 92688
Telephone 949-888-2300
Fax 949-635-0804
sandykirtley@cox.net

Ellen Kirwan, REALTOR®


Ellen Kirwan, Broker
46 Cedarlake
Irvine, 92614
Telephone 949-677-3709
Fax
pekirwan@gmail.com

Sean R Kirwan, REALTOR®


Sean Kirwan, Broker
2030 Highland Dr.
Newport Beach, 92660
Telephone 714-608-5253
Fax
broker@vask-re.com

Melissa Kiser, REALTOR®


Star Real Estate / Seacliff
19440 Goldenwest Street
Huntington Beach, 92648
Telephone 714-500-3300
Fax 714-500-3333
gantry@teamgantryreo.com

Dana T Kislig, REALTOR®


HOM Real Estate Group
32356 S Coast Highway
Laguna Beach, 92651
Telephone 949-494-3600
Fax 949-499-7400
DKislig@HOMGroup.com

Carole Kissel, REALTOR®


Prudential California Realty
200 Main Street #115
Huntington Beach, 92648
Telephone 714-536-6639
Fax 714-374-4406
kisselgroup@aol.com

Jay Kister, REALTOR®


CentrixUSA
3456 Camino del Rio N. #706
San Diego, 92108
Telephone 619-873-1622
Fax 866-572-4737
offers@centrixusa.com
http://www.onlyinfinity.com

Julie Kistler, REALTOR®


Keller Williams Realty Newport
2 San Joaquin Plaza #150
Newport Beach, 92660
Telephone 949-734-6500
Fax

3 of 4 12/30/2010 11:45 AM
EXHIBIT “D”

Excerpt from full deposition of


William Hultman
Secretary and Treasurer of
Mortgage Electronic Registration Systems, Inc.,
also known as M.E.R.S.
and
Senior V.P., Secretary-Treasurer of MERSCORP, Inc

Full text of that deposition can be obtained here:


http://www.scribd.com/doc/36521121/Full-Deposition-of-William-
Hultman-Secretary-and-Treasurer-of-MERSCORP
http://www.scribd.com/doc/36521121/Full-Deposition-of-William-Hultman-Secretary-and-Treasurer-of-MERSCORP

Page 1
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - ATLANTIC COUNTY
DOCKET NO. F-10209-08
BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATE HOLDERS CWABS,
INC. ASSET-BACKED CERTIFICATES,
SERIES 2005-AB3
Plaintiff(s),
vs.

VICTOR and ENOABASI UKPE

Defendant(s).
___________________________________________
VICTOR and ENOABASI UKPE
Counterclaimants and
Third Party Plaintiffs,

vs.

BANK OF NEW YORK AS TRUSTEE FOR


THE CERTIFICATE HOLDERS CWABS,
INC. ASSET-BACKED CERTIFICATES,
SERIES 2005-AB3
Defendants on the Counterclaim,
and
AMERICA'S WHOLESALE LENDER;
COUNTRYWIDE HOME LOANS, INC.;
MORGAN FUNDING CORPORATION,
ROBERT CHILDERS; COUNTRYWIDE
HOME LOANS SERVICING LP,
PHELAN, HALLINAN & SCHMIEG,
P.C.,
Third Party Defendants

--------------------
April 7, 2010 William Hultman

DEGNAN & BATEMAN


(856) 232-7400
Page 70
1 then. Does MERS have any salaried employees?
2 A No.
3 Q Does MERS have any employees?
4 A Did they ever have any? I couldn't hear you.
5 Q Does MERS have any employees currently?
6 A No.
7 Q In the last five years has MERS had any
8 employees?
9 A No.
10 Q To whom do the officers of MERS report?
11 A The Board of Directors.
12 Q To your knowledge has Mr. Hallinan ever
13 reported to the Board?
14 A He would have reported through me if there was
15 something to report.
16 Q So if I understand your answer, at least the
17 MERS officers reflected on Hultman Exhibit 4, if they
18 had something to report would report to you even though
19 you're not an employee of MERS, is that correct?
20 MR. BROCHIN: Object to the form of the
21 question.
22 A That's correct.
23 Q And in what capacity would they report to you?
24 A As a corporate officer. I'm the secretary.
25 Q As a corporate officer of what?

DEGNAN & BATEMAN


(856) 232-7400
Page 71
1 A Of MERS.
2 Q So you are the secretary of MERS, but are not
3 an employee of MERS?
4 A That's correct.
5 Q Does MERS have any policy for auditing the
6 activities of its officers; does MERS audit the activity
7 of its officers?
8 A Well, there is a Board of directors who is
9 responsible for all the activities of the corporation.
10 Q And my question to you was does MERS audit the
11 activities of its officers?
12 A I don't understand your question.
13 Q How many assistant secretaries have you
14 appointed pursuant to the April 9, 1998 resolution; how
15 many assistant secretaries of MERS have you appointed?
16 A I don't know that number.
17 Q Approximately?
18 A I wouldn't even begin to be able to tell you
19 right now.
20 Q Is it in the thousands?
21 A Yes.
22 Q Have you been doing this all around the
23 country in every state in the country?
24 A Yes.
25 Q And all these officers I understand are unpaid

DEGNAN & BATEMAN


(856) 232-7400
Page 72
1 officers of MERS?
2 A Yes.
3 Q And there's no live person who is an employee
4 of MERS that they report to, is that correct, who is an
5 employee?
6 MR. BROCHIN: Object to the form of the
7 question.
8 A There are no employees of MERS.
9 Q To your knowledge has the MERS Board ever
10 audited the activity of any of these thousands of MERS
11 officers that you have appointed?
12 A If you mean by audited do they review and are
13 they responsible for the activities of those officers,
14 the answer is yes.
15 Q Would you explain to us how the Board does
16 that review, what I would call audit?
17 A Through the four corporate officers of MERS
18 consisting of the president, there's two
19 vice-presidents, and a -- excuse me, one vice-president
20 now, and the secretary-treasurer who is me.
21 Q Have you ever investigated a complaint against
22 any of the certifying officers that you have appointed
23 over the years?
24 A Yes.
25 Q Tell us as you recall what the circumstances

DEGNAN & BATEMAN


(856) 232-7400
EXHIBIT “E”

Letter from the


Secretary of State
of
The State of Arizona
concerning a similar matter involving
an Arizona Notary Public
KEN BENNETT
SECRETARY OF STATE
STATE OF ARIZONA

December 6,2010
Ryan Safar
44224 W. Eddie Way
Maricopa, AZ85139

Re: Notary Kristen B. Lindner; Complainant Ryan Safar

Dear Mr. Safar,

Pursuant to A.R.S. § 41-331 (A), the Attorney General's Office ("AGO") has
investigated the complaint brought against Notary, Kristen B. Linder ("Notary"), by Ryan
Safar ("Complainant"). The Complainant alleged that the Notary notarized a Substitution of
Trustee and an Assignment of Deed of Trust on April 2, 2010, even though the signer could
not have been in the State of Arizona to sign the documents in the Notary's presence.

The investigation into the complaint made against the Notary does not purport to
conduct an exhaustive legal analysis on whether the document(s) is/are valid. These disputes
should be resolved before the proper tribunal. The Secretary of State ("Secretary ") does not
have the authority to assess whether any signature(s) on the document(s) were forged or to
settle any legal disputes regarding the document(s). The Secretary only has authority to
determine if under the notary statutes, the Notary fully and faithfully discharged the duties of
a notary public, and properly notarized the document(s).

A. The Notary Failed to Address the Allegations.

Notaries are required to respond to an AGO investigation about their notarial


services. A.R.S. §§ 41-331(B) & 41-313(B)(4).

As part of the investigation, the AGO forwarded to the Notary the complaint form
and report filed by the complainant which describes the allegations in detail. In this instance,
in her response letter the Notary failed to directly address the allegations regarding the signer
not being in the State of Arizona in order to sign the documents in the Notary's presence.
Therefore, the Notary has failed to comply with any investigations that are initiated by the
secretary of state or the attorney general and provides grounds suspension or revocation.
A.R.S. §§ 41-313(B)(4), 41-330(A)(4) and 41-331(B).

B. The Notary Provided Her Journal.

Notaries must maintain a journal and produce a copy if the Attorney General or a
member of the public requests it. A.R.S. §§ 41-313(B)(1), 41-319(A)&(F).

Here, the Notary provided a copy of her notary journal as requested. In doing so, the
Notary has met the standards of the law.

1700 W. Washington Street, 7th Floor


Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-4366
www.azsos.gov
T^ -~ Page 2 of 4
KEN BENNETT
SECRETARY OF STATE
STATE OF ARIZONA
C. The Notary's Journal is Problematic.

Notaries are required to maintain a journal and produce a copy if the Attorney
General or a member of the public requests it. A.R.S. §§ 41-313(B)(1), 41-319(A)&(F). A
notary public must record a journal entry for each notarial act. A.R.S. § 41-319(A). A
notary's journal must contain the following: (1) the date of the notarial act; (2) the document
description or type of notarial act; (3) the printed name of the signer as well as his or her
address and signature; (4) the type of evidence for the signer's identity; (5) the specific
identity information of the signer; and (6) the fee, if any, charged for the notarization. A.R.S.
§ 41-319. When a Notary accepts an identification document that meets requirements set
forth in A.R.S. § 41-311(ll)(a)(b), they must record a description of the identification
document including but not limited to; (a) a description of the identification document, (b) its
serial or identification number, and (c) it's issuance or expiration date. A.R.S. §§ 41-
313(B)(1),41-319(A)(5).

1. The Notary's Journal Does Not Meet Statute Requirements.

In this instance, the copy of the Notary's journal does not include the following
required information for any of the entries provided: the printed name of the signer(s) as well
as his or her address; the type of evidence for the signer's identity; the specific identity
information of the signer; and the fee, if any, charged for the notarization. In failing to keep a
journal in compliance with A.R.S. § 41-319, the Notary has failed to fiilly and faithfully
discharge the duties of a notary public providing grounds for suspension or revocation.
A.R.S. §§ 41-313(B)(1), 41-319 and 41-330(A)(4).

2. The Notary's Journal Entries Lack Requisite Journal Information.

The journal entry in question (9th from bottom, TS#: T10-60681-AZ) includes the
notarization date and two (2) circled designations for the respective title of each document in
question. It further identifies two signers, although our copy of each document identifies one
signer (David Martinez); one the signer in the entry is identified by ditto-marks as David
Martinez and another by a printed name as Teresa Fernandez. Additionally, on the journal
copy provided there are a total of thirty (30) entries, including the entry in question, that do
not include the address, signature, or ID information of signer(s); and it does not contain a
line or information for a notarization fee to be recorded in any is charged. In failing to record
all requisite journal information the Notary has failed to fully and faithfully discharge the
duties of a notary public providing grounds for suspension or revocation. A.R.S. §§ 38-411,
41-313(B)(1), 41-319 and 41-330(A)(4).

D. The Notary Executed a Notarial Certificate Known to be False.

To perform an "acknowledgment" properly, a notary must (1) identify the signer and
(2) put the ID information in his or her notary journal; and the signer must (3) be present with
the notary when the notary affixes the notary stamp and signature to the document. A.R.S. §
41-311(l)and41-319.

1700 W. Washington Street, 7th Floor


Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-4366
www.azsos.gov
„ ~ Page 3 of 4
KEN BENNETT
SECRETARY OF STATE
STATE OF ARIZONA
Because the Notary's journal entry does not include ID information or a signature of
either signer identified in the entry, the entry does not clearly show that the Notary identified
either signer; and it does not clearly indicate that either signer was present with the Notary
for the notarization. Therefore, the Notary failed to properly perform the acknowledgment
and executed a notarial certificate containing a false statement providing the Secretary
grounds for suspension or revocation. A.R.S. §§ 41-319 and 41-330(A)(10).

E. The Notarial Certificate is Incomplete.

Per A.R.S. § 41-313(B)(3), on the date each document was notarized —although not
presently required— the Notary was required to authenticate with the official seal all official
~~ acts, anff affixlRe" date" 6Tffie~expiration"of the notary's commission as the notary on every
certificate or acknowledgment signed and sealed by the notary. In this case, the Notary's
commission-expiration date on each document is stated only in her affixed stamp. In failing
to include all the required information for a proper notarial certificate, the Notary has failed
to fully and faithfully discharge the duties of a notary public providing grounds for
suspension or revocation. A.R.S. §§ 41-313(B)(3) and 41-330(A)(4).

F. Conclusion.

The Secretary possesses special knowledge and expertise in interpreting the notary
statutes and believes that the definitions, requirements (i.e. oath & bond) and duties outlined
in A.R.S. § 41-311 through A.R.S. § 41-332 are standards with which each notary must
comply.

The Secretary believes that in addition to the specific offenses outlined by the
Arizona legislature which would warrant action against a notary's commission, in cases
where there is substantial evidence that the notary's actions fail to meet the standards
described in the notary statutes, the Secretary has grounds to refuse, revoke or suspend a
notary's commission for "failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public." A.R.S. § 41-330(A)(4).

Therefore, the Secretary of State has determined to revoke the Notary's commission
effective immediately. The revocation of the Notary's commission is based on the following
violations of Arizona notary law:

1 . The Notary failed to record requisite journal information. A.R.S. §§ 41-3 19 & 41-

2. The Notary has failed to record the notarization fees in her journal records. A.R.S.
§§38-411 and 38-414.
3. The Notary failed to respond to any requests for information and comply with the any
investigations that are initiated by the secretary of state or the attorney general.
A.R.S. §§ 41-313(B)(4) and 41-331(B).
4. The Notary failed to accept satisfactory evidence of identity. A.R.S. § 41-
319(A)(4)&(B).
5. The Notary failed to properly perform the acknowledgment. A.R.S. § 41-313.

1700 W. Washington Street, 7th Floor


Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-4366
www.azsos.gov
KEN BENNETT Pa9e4of4
SECRETARY OF STATE
STATE OF ARIZONA
6. The Notary failed to state her commission-expiration date in the notarial
certificate. A.R.S. § 41-313(B)(3).
7. The Notary executed a statement known to be false. A.R.S. § 41 -330(A)(10).
8. Failure to discharge fully and faithfully the duties of a notary public. A.R.S. §41-
330(A)(4).

The Notary is required to deliver his or her notary seal, notarial journal(s) and
notarial records to our office. All correspondence and surrendered items should be sent by
certified mail or other means providing a receipt. Items are required to be sent within three
months of a notary's revocation or the notary shall forfeit not less than $50 or more than
$500 to the state. A.R.S. § 41-317.

The Notary has a right to request an evidentiary hearing pursuant to A.R.S.§ 41-
1092.03 by filing a written notice of appeal with the Office of the Arizona Secretary of State
within thirty (30) days of receipt of this notice. If the Notary request an evidentiary hearing
as referenced above, he or she may also request an informal settlement conference
pursuant to A.R.S. § 41-1092.06. If a hearing is not requested within the time provided by
the statute, the decision will stand.

If you have any concerns regarding this issue, you may contact Yolanda Morales
directly at 602-542-6315.

Sincere!

Supervisor
vson

Cc: Attorney General's Office


Notary File

1700 W. Washington Street, 7th Floor


Phoenix, Arizona 85007-2888
Telephone (602) 542-4285 Fax (602) 542-4366
www.azsos.gov