‘Commonwealth of Massachusetts ‘Land Court Department of the Trial Court ann Civil Cover Sheet . (Mea. LaCe —pisrveintar Wels AOR K, ALO. aS TARE on_Co Rorecilos0ns. STA cigitown S00, Cate! 714 Instructions Part I- To Be Completed by Plaintiff(s)* Counsel: FOR ALL MISCELLANEOUS CASES (EXCEPT cases filed pursuant to Servicemembers Civil Relief Act): 1. Using the list below, please number, with the Number 1, the main cause of action on which you base your complaint and 2. Place a check mark next to eachother cause of action in your complaint ana 3. Isthis complaint verified? 1 Yes vo and we 4 Aethereany related cases fled inthe Land Court Department? (A Yes No Ir yes plese provide te Case No(s) KO 2. ZAC Area fom ZovingPlming Bow MAD | Determine Fiduciary Avthoriy Crews tT Ge 20,577 ZAD | Appeal fom Planing Board PAR | Patton Gedy inB Gem Zan | Vali of Zoning RED | Redemption Io. 240, 8 144,185 $1074) Ge 609 76 ZEN | Eafocemert of Zoning SP | specie Pevtrmane of Contacts G. Lc. 404, §7 G.L, c. 185, § 1 (k) Cor | Remove Condon Te ‘iF | Detemine Muncie! Boundaries Geez g6-10 Gren DOM Discharge of Ol Menage ‘MEE | Deeoine Boundaries of Flas GeO $13 GeO, 519 LVF | Afi Tax Freloue-Land of NC | certo -G. 1.0 249,54 Low Value - G. L. ¢. 60, § 80B MAN _| Mandamus -G.1 0 249,95 FS [are | to tite ty Ge 20,6125 TTRE | Trespaso Real sate Involving Tie-G belts, 610) MWA | Revove Festa Haute (Wtof Enty)-G.L:6.237 OA Equitable Acton ivlvng Any Right Tite orlaeret in Land MRC __ | Determine Validity of Encumbrances G.L.c. 185, § 1 (k) G. Lic. 240, § 11-14 ‘AHA Affordable owing Appeal (CER | Enforce Rescons Gleam g21 Ge 20,5 0A 100 ora [otePart Il. - Uniform Counsel Certificate - to be filed out by Plaintiff(s" Counsel atthe time of initial filing. AML ‘other counsel shall file within thirty (30) days of initial entry into the case, whether by answer, motion, appearance or other pleading. FOR ALL MISCELLANEOUS CASES (EXCEPT Mortgage Foreclosures under the Servicemembers Civil Relief Act) otsecord for: (Tae KA. LaPace ans tarm G LaPae ¢ PainfyDetendan in the above-onttied matte, IrDefendant(s)" Attorney, please provide Case No. In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution (SIC Rule 1:18) which states in part: . Attorneys shall: provide their clients with this information about court-connected dispute resolution; discuss with their cliens the advantages and disadvantages of the various methods of dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its equivalent...” Thereby certify that I have complied with this requiremen poor SCV ture of Attorney cE Record pate: @Le¢f1d- Colewn Fo Ieyse Ca Please Print Name Exempt Cases: Tax Foreclosures, Mortgage Foreclosures under the Servicemembers Civil Relief Act and all cases related to original and subsequent registration under G. L. c. 185, § 1.COMMONWEALTH OF MASSACHUSETTS LAND COURT HAMPDEN, SS. LAND COURT DEPT. MISC. NO. 12-MISC-. MARK A. LARACE TAMMY L. LARACE, Petitioners vs. WELLS FARGO BANK, N.A. AS TRUSTEE FOR ABFC 2005-OPT1 TRUST ABFC ASSET BACKED CERTIFICATES SERIES 2005-OPT1, AMERICAN HOME MORTGAGE SERVICING Respondents TITION TO TRY TITLE PURSUANT TO G. INTRODUCTION . This Petition is brought pursuant to Massachusetts General Laws Chapter G.L. c. 240, §1 to compel Respondents to try title, PARTIES a Petitioners Mark A. LaRace and Tammy L. LaRace (“the LaRaces”) are natural persons who own the premises at 6 Brookburn Street, Springfield, Massachusetts, 01119 (“the premises”). . The Respondent Wells Fargo Bank, N.A., not in its individual capacity, but solely as trustee for the for ABFC Asset Backed Certificates Series 2005-OPT1 Trust,, is a financial institution, with a principal business of 8480 Stagecoach Circle. Frederick, MD 21701- 4747. : ‘The Respondent, American Home Mortgage Servicing, Inc. (“AHMSI”), is engaged in the business of “mortgage servicing”, and with a principal place of business located at American Home Mortgage Servicing Inc. 1525 S. Beltline Rd Coppell, TX 75019.FACTS 5 The LaRaces hold record title to the premises. 6. ‘The LaRaces acquired record title to the premises by virtue of a quitclaim deed from David Asselin and Derrick Feuerstein executed on May 16, 2005 and recorded in the Hampden County Registry of Deeds on May 19, 2005 in Book 15029, Page 504 7. ‘The LaRaces continue to maintain possession of the premises. 8 On or about May 19, 2005, the LaRaces executed a purported mortgage note (the “note”) as maker, and that was made specifically payable to Option One Mortgage Company as the Lender and Payee, in the original principal amount of $103,200.00 . 9. ‘The LaRaces also purportedly transferred their interest in the premises through, their execution of a mortgage as security for the underlying purported note described above, by specifically granting Option One the power of sale for breach of condition, under G.L. c. 244 § 14, subject to the LaRaces statutory right of redemption under G.L. c. 244 § 18, which was executed and recorded on the Hampden County Registry of Deeds on May 19, 2005, at Book 15029, Page 507. 10. The mortgage, dated May 19, 2005 and recorded with the Hampden County Registry of Deeds on May 19, 2005, in Book 15029, Page 507, specifically states that Option One is the “Lender”, and is the owner of the power of sale under the Security Instrument. u. Based upon the Respondents assertions, within a few months after the LaRaces mortgage loan was originated by Option One, the LaRaces note and title to their premises (mortgage) was attempted to be sold, transferred and/or assigned from Option One to one or more to unknown third-parties (“Securitized”), 12, Based upon the Respondents further assertions, and evidence proffered by Respondents to this Court in Wells Fargo Bank, N.A., as Trustee for ABFC Asset Backed Certificates Series 2005-OPTI v. Mark A. LaRace and another 08 MISC 386755, in the attempted securitization process of the LaRace mortgage, Option One attempted to convey title to the LaRace premises (mortgage) through an assignment of mortgage “in blank”, ie. to no named Grantee. (See Exhibit “A”.) 13, Thereafter, an “Assignment” (“recorded Assignment”) was purportedly executed on May 7, 2008 by Cindi Ellis, in her purported capacity as an Assistant Secretary of Option One Mortgage Company; said “Assignment” was recorded in the Hampden County Registry of Deeds on May 12, 2008 in Book 17291, Page 84. (See Exhibit “B”.) 14, Based upon the Respondents assertions under oath to this Court, and evidence proffered by Respondents under the pains and penalties of Rule 11, in Wells Fargo Bank, N.A., as Trustee for ABFC Asset Backed Certificates Series 2005-OPTI v. Mark A. 2LaRace and another 08 MISC 386755, Respondents claim to the title to the premises specifically is based solely upon the recorded Assignment specifically as “confirmatory” of the previous Option One Mortgage Company May 26, 2005 assignment, which failed to state any named Grantee. 15. Respondents continue to assert ownership of title to the LaRace premises based upon the recorded Assignment. 16. ‘The LaRaces dispute this claim, as it has been judicially determined to be false and erroneous under the Massachusetts title theory jurisdictional case law. 17. In U.S. Bank Nat’l Ass'n v, Ibanez, and another, 458 Mass. 637 (2011),, the Massachusetts Supreme Judicial Court affirmed this Court’ ruling in 08 MISC 386755 that the Respondent ABFC Asset Backed Certificates Series 2005-OPTITrust’s recorded Assignment was invalid, void and/or legally inoperative to convey the LaRaces title to the premises to Wells Fargo Bank, N.A., as Trustee for ABFC Asset Backed Certificates Series 2005-OPT1. 18. ‘The LaRaces rely upon the ruling in U.S. Bank v. Ibanez, and therefore deny that the title to their premises (mortgage) was ever conveyed to the Respondent ABFC Asset Backed Certificates Series 2005-OPT1Trust under the particular requirements of Massachusetts state law and/or the Massachusetts historical decisional state case law interpretation of such state law, and/or also dispute that the title to the LaRaces premises (mortgage) was ever sold by Option One to any named Grantee. 19. On March 01, 2011, the LaRaces filed Notice to be included on the record title to the premises with the Hampden County Registry of Deeds, the Massachusetts Supreme Court Order of Judgment in their favor in U.S. Bank Nat'l Ass'n v. Ibanez, and another, 458 Mass. 637 (2011), which was recorded on March 15, 2011 at Book 18704, Page 322, 20. Wells Fargo Bank, N.A., as Trustee for ABFC Asset Backed Certificates Series 2005-OPT! continues to claim the ownership and/or rights thereunder to the title of the LaRaces premises (mortgage) based solely on the recorded Assignment. 2. ‘There exists the possibility of an adverse claim by Wells Fargo Bank, N.A., as Trustee for ABFC Asset Backed Certificates Series 2005-OPT1, against the LaRaces title to the premises, as Respondents continue to rely upon the invalid 2008 recorded assignment to assert dominion and control over the LaRaces’ title. WHEREFORE, the LaRaces, the Petitioners in the above-captioned Action respectfully request: a, That the Respondents and others be summoned to show cause why they should not be required to bring an action to try titleb. That if Respondents and others do not appear within the time required by law and/or fail to bring an action to Quiet Title within the time limit set by this Court, that this Court enter an Order that Respondents and others, seeking to claim an interest in the premises, be forever barred from having or enforcing any claim to title in the property described in the deed recorded at the Hampden County Registry of Deeds at Book 15029, Page 504; and ¢. That this Court grant such other relief and further relief as this Court deems just and appropriate. Respectfully Submitted Petitioners, Mark A. LaRace Tammy L. LaRace, By their Atomey, 38 Rock Street, Suite #12 Fall River, MA 02720 508-324-4545 (0) 508-938-02454 (Fax) russ45esq@ gmail.com Date: June 04, 2012COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss: On this 4" day of June, 2012 before me, the undersigned notary public, personally appeared the above-named Glenn F. Russell, Jr., personally known to me or proved to me through satisfactory evidence of identification, which was his driver’s license, to be the person whose name is signed on the foregoing instrument, and acknowledged to me that he signed it voluntarily, for its stated purpose. ei Public Printed Namer7ny) TAVASSS My Commission EXPIRES: 9 fp 9jo¢EXHIBIT A916 TUE ETHERLE SORDING REQUESTED BI ‘Option One Mortgage Ads, vine, CA 92618 ATIN. QUALITY CONTROL ‘Loan Number Servicing Nu pe Abe Ta in Fr Haat at ASSIGNMENT OF MORTGAGE (Option One Mortgage Corporation, A Califia Corporation alder of areal este moreage fom : MARK LARACE dates reeordet withthe SPRINGFIELD Dist, Hampden (Conny Regisoy of Deeds oo ‘as Inerameat Namber . snd in Book, Page nd/oe Croat of Te No. assigns said strtpge and the Note and claim seared thereby to: wane adres is! In witmes whereof the snd OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION ar cand its comport seal whe here afaed and these presents be Kenedy hie 2608 day of Mey , 2005. LEGAL DISCRIPTION AS DESCRIBED ON MORTGAGE REFERRED TO HEREIN 7R eo Daa Pass ‘This Instruocot Prepared By: Option One Martgage Corpration, A Califia Corporation Address: Ads, vine, CA 92618 ‘Phone: (800)704-D800 (Space Below Tae Tne Wor Acknowidgment CommonwealtvSne of Califomia, Couty of Ong ‘Om__May26, 2005, ‘efre me he underigaed, a Notary Pubic in and frend Stat, personally mppeared_Anwonio Aranda Ans Secreta) Option One Mortage Corporation, A Clioala Corporation ‘ertonally know ome (f proved to ton the ba felony cide) ta Wet potoa() whose mame() are weet {othe within jgrrument and acknowadged ts me tha elsheey execu the same i hishesRbieuhorizad capaci), and ‘att hisbestbet sigsanre(e on the instnest the person(s) oth ait pon bebo which the pecwon() ace, execu the instrument Wimess my hand ad aia eal (Pane fr el) "K DELGADO, conn, #143acab inom epoasy sear Gea es Jady 18,2007 amc Anite of Merten supansns aster 61496)EXHIBIT B1 SRE BEEF te 940 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, thtt Option One Mortgage Corporation, which is organized and existing under th laws of United Staes of America FOR VALUE RECEIVED, bereby grants, assigns and transfers to ‘Wells Fargo Bank, N.A., as Trustee for ABFC 2005-OPT 1 Trust, ABFC Asset Backed Certificates, Series 2005-OPTI, in clo Option One Mortgage, located at 6501 Irvine Center Drive, Irvine, CA 92618. Allof the right, title interest of said that Option One Mortgage Corporation in and to and under that certain Mortgage dated May 19, 2005, executed by Mark A. Larace and Tammy L. Lacace and recorded with Hampden County Registry of Deeds et Book 15029, Page 507, describing the land therein as 6 Brookburn Street, Spangfield, MA 01119, ‘TOGETHER with the Note or notes therein described or refered to, the money due and to become dv thereon with interest and all rights accrued or to accrue under said Mortgage. IN WITNESS WHEREOF, Option One Mortgage Corporation has caused these presents to be signed by its duly authorized officer and its corporate seal to be hereunto affixed this) day of (Ty ‘2008. This assigument hes an effective date of April 18,2007. IN THE PRESENCE OF: Option One Mortgage Corporation ok Css vea Biles re sratz or CaliGrnz ‘Seren Bek 110 Fung Ave, Wet Hai CT 61. Liew County of 7 on etd 00K beforeme, Bee Thorn Heye<— personally appeared ki: ‘personally known to me (or proved to me jence) to be the person(s) whose name(s is/are subscribed to the ‘within instrument and acknowledged to me thet heshe/they executed the same in his/berthsir authorized capacity(ies), and tat by hs/berthersignatur(s) on the instrument th person(s), or ‘okew Nowlin Ne ‘heey upon eb of which tbe peo) ated need the name ‘WETNESS my bid an fi ea ase Ores own b . 1 meet rARY PUBLIC St ‘NOTARY PUBLIC SEAL DONALD E. ASHE, REGISTER AMPOEH COUITY RESIS OF DEEDSGLENN F RUSSELL SOLE PROP 1407 DBA THE LAW OFFICE OF GLENN F RUSSELL, J i one et fod “am But or Mlassacmtnett § Cana Cove $155 @ THO ~+Houaded ~ RGR Riv pottars @ fe Bankof America > Fron Co.Le. RYO SL. | — La taee