Notice of Lis Pendens in Action to Quiet Title By Person Claiming Title by Adverse Possession

State of: VIRGINIA County of: FAIRFAX 1. The undersigned, Mr. Jeffrey L. Brown and Mrs. Barbara M. Brown (Possessors),hereby give notice that an action has been commenced in United States District Court , Eastern District of Virginia Alexandria Division; HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew New York, NY 14043-2602, , (“Nominal Lender on the Deed of Trust”), Wells Fargo Bank, N.A (Seller, Sponsor, who sold this loan to Wells Fargo Asset Securities Corporation for cash), Wells Fargo Asset Securities Corporation ( which was Depositor, who sold this loan for cash to Lehman Brothers Special Financing Inc) , Lehman Brothers Special Financing Inc, HSBC Bank USA National Association

( which is the issuing entity which just converted the loans into certificate and Bonds), Lehman Brothers Special Financing Inc, Lehman Brothers Inc ( who as a “securities underwriter” bought the loans for cash from Depositor and further sold these loans as certificate and bonds to Dealers/Agents for cash), The dealers/agents who in turn sold these certificates and bonds to investors for cash, “HSBC Bank USA, National Association ” as trustee for Wells Fargo Mortgage Backed Securities 2008-AR2 Trust, MERS as computer data base company, nor Dealers/Agents who are part of securities underwriter, as Securities Underwriter ,had at any time relevant to the subject matter before this Court, to the present, suffered any actual or threatened injury as a result of the Borrower’s non-payment of monthly payments pursuant to the original terms of the Note, nor because of alleged default thereon, nor can any actual or threatened injury be traced to any other proceedings in any other court, any action involving Proof of Claim, or otherwise, and therefore there never was any legitimate redress available to any of these parties by a favorable decision. MERS, Mortgage Electronic
Registration System (MERS) 1818 Library Street, Suite 300 Reston, VA 20190, Stephen B. Wood, VSB # 26518, Bierman, Geesing, Ward & Wood, LLC, 8100 Three Chopt Road, Suite 240 Richmond VA 23229,. JOHN OR JANE DOES 1-1000 (unknown investors); JOHN ROES 1-10, being undisclosed mortgage aggregators (Wholesalers), mortgage originators,

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loan seller, Trustee of Pooled Assets, Trustee for holders of certificates of Collateralized Mortgage Obligations, MERS et al (e.g., Civil Action No 1:10cv1427) in US District Court, Eastern District of Virginia by the undersigned, to quiet title to the following described real property: 3130

Barbara Lane, Fairfax, Virginia 22031 LOT 5-A, OAK SPRING VILLAGE, SUBDIVISION KNOWN AS the same appears duly dedicated, Platted and recorded in Deed Book 5645, at page 705, a re-subdivided portion of Lots 5 and 6, OAK SPRING VILLAGE, as duly platted and recorded in Deed Book 770 at Page 455, among the land records of Fairfax County, Virginia. among the Land Records of Fairfax County, Virginia.
2. The undersigned’s loan was sold multi times in illegal securitization as un-registered and un-regulated security as under;

HSBS Mortgage Corporationà Wells Fargo Bank, N.Aà Wells Fargo Asset Securities Corporationà Lehman Brothers Special Financing Inc.à Lehman Brothers IncàDealersàAgentsà Investors( Prospectus Supplement 424(b)5 SEC file # 333-14375113, Accession # 1193125-8-38785, filed on 02/26/2008 at 4:48PM ET) 3. HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew New York, NY 14043-2602, , (“Nominal Lender on the Deed of Trust”), Wells Fargo Bank, N.A (Seller, Sponsor, who sold this loan to Wells Fargo Asset Securities Corporation for cash), Wells Fargo Asset Securities Corporation ( which was Depositor, who sold this loan for cash to Lehman Brothers Special Financing Inc) , Lehman Brothers Special Financing Inc, HSBC Bank USA National Association ( which is the issuing entity which just converted the loans into certificate and Bonds), Lehman Brothers Special Financing Inc, Lehman Brothers Inc ( who as a “securities underwriter” bought the loans for cash from Depositor and further sold these loans as certificate and bonds to Dealers/Agents for cash), The dealers/agents who in turn sold these certificates and bonds to investors for cash, “HSBC Bank USA, National Association ” as trustee for Wells Fargo Mortgage Backed Securities 2008-AR2 Trust, MERS as computer data base company, nor Dealers/Agents who are part of securities underwriter, as Securities Underwriter,. JOHN OR JANE DOES 1-1000 (unknown
investors); JOHN ROES 1-10, being undisclosed mortgage aggregators (Wholesalers), mortgage originators, loan seller, Trustee of Pooled Assets,

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Trustee for holders of certificates of Collateralized Mortgage Obligations, MERS et al ; (e.g., Civil Action (list of names of known defendants), and all other persons unknown, claiming any right, title, estate, lien or interest in the said real property. The undersigned further gives notice that he has been in actual, exclusive, and adverse possession of such property within the meaning of:a. This case arises out of Defendants’ egregious and ongoing and far reaching fraudulent Schemes for improper use of Plaintiff’s identity, fraud in the inducement, fraud in the Factum, fraud in the Execution, usury, and breaches of contractual and fiduciary obligations as Mortgagee or “Trustee” on the Deed of Trust, “Mortgage Brokers,” “Loan Originators,” “Loan Seller”, “Mortgage Aggregator,” “Trustee of Pooled Assets”, “Trustee or officers of Structured Investment Vehicle”, “Investment Banker”, “Trustee of Special Purpose Vehicle/Issuer of Certificates of ‘Asset-backed Certificates’”, “Seller of ‘Asset-Backed’ Certificates (shares or bonds),” “Special Servicer” and Trustee, respectively, of certain mortgage loans pooled together in a trust fund. The participants in the securitization scheme have devised business plans to reap millions of dollars in profits at the expense of Plaintiffs (undersigneds) and other investors in certain trust funds. The Trustees who have filed notices of default predicated on a “MERS Deed of Trust” are liable for slander of title. Putative Deed Of trust in which MERS is named as nominal beneficiary, results in fraud in the execution. b. MERS act of assigning the mortgage instrument was invalid as it held no beneficial interest in the mortgage instrument for two reasons: 1) a security instrument, apart from the promissory note giving rise to the debt has no value because there is no debt by which it secures payment; and 2) MERS had no beneficial interest in the mortgage instrument that it could assign. c. In Carpenter v. Longan, 16 Wall. 271, 83 U.S. 271, 274, 21 L.Ed. 313 (1872), the U.S. Supreme Court stated “The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.” assigning the mortgage instrument was invalid as it held no beneficial interest in the mortgage instrument for two reasons: 1) a security instrument, apart from the promissory note giving rise to the debt has no value because there is no debt by which it secures payment; and 2) MERS had no beneficial interest in the mortgage instrument that it could assign. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.”[Note that this does not include a nominee like MERS. There is a reason for that. The legislature intended to create certainty in contracts and actions on contracts. Using a nominee immediately creates the question of agency. The question of agency immediately raises the question of "who is the principal?" As long as that

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question exists, this statute is violated. If this statue is violated the deed of trust is void.] Note also that without an accounting for third party payments to the creditor in the securitization chain who has succeeded to the position of beneficiary BECAUSE THE SUCCESSION IS SHOWN IN THE COUNTY RECORDS, is voidable because the amount is incorrect, which is a question of fact that must be judicially resolved, which is why NO NON-JUDICIAL sale of securitized property is appropriate.] A creditor is not a creditor unless they are owed something. A beneficiary is not a beneficiary unless they are a creditor. In the case of a mortgage note, a beneficiary is not a creditor unless it is the obligee on the note (i.e., the one to whom the note directs payment). There is no escaping this logic. The beneficiary must be an obligee of the secured obligation (usually the payee of a note), because otherwise the deed of trust in its favor is meaningless. Watkins v. Bryant (1891) 91 C 492, 27 P 775; Nagle v Macy (1858) 9 C 426 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, 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 did not also hold the deed of trust.” Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619, 623 (Mo. App. 2009) MERS(Mortgage Electronic Registration System Inc. is beneficiary on Deed of Trust, this makes Deed of Trust unlawful. MERS cannot be holder in due course, MERS is a break in the chain of Title and is Deed of Trust is void The creation of two entities to exercise collection and foreclosure instead of one thus reinforcing the argument of financial double jeopardy. The MERS deed would therefore be void, Thus there would be no security, probably no note and maybe no obligation either if the “Lender” was paid in full at closing by a third party in the securitization chain or if the derivative products were sold and insured. MERS as beneficiary on Deed of Trust is a Portal between two Universes of Commercial Law (Negotiable instrument) and Mortgage Law; There is NO Trust, No Corpus, No Trust. The customized form of Mortgage deed utilized by the Mortgage Electronic Registrations Systems Inc., (MERS), Paragraph C and the grantee clause in particular, is not entitled to any of the statutory mortgagee protections provided. A “Nominee” “Mortgagee” is simply not entitled to the statutory benefits. Those provisions are strictly construed against MERS putative conveyance since the

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statutory provisions are in derogation of common law. For example, MERS mortgagee deeds have two entities exercising the same statutory foreclosure powers When MERS is on the Deed of Trust then there is No Corpus, No Trust,(1). There must be clear intention to create a trust (2). There must be a Trustor/Granter to create Trust (3). There must be a Trust Corpus or assets ( 4). There must be duties assigned to Trustee (5). There must be ASCERTAINED or ASERTAINABLE, beneficiaries 0r put another way, there is no such thing as a "STRAW" or "nominal" beneficiary and, without ASERTAINED or ASCERTAINABLE Beneficiaries the trust Instrument is VOID.( 6). Without Promissory note (Asset & Corpus) there cannot be a valid trust and without a valid Trust there is no longer need for any security called Deed of Trust. Corpus of the Trust is not there. (7). The Deed of Trust is a Trust Instrument and as such must meet certain criteria to be valid.SO IF THERE IS NO CORPUS NO TRUST The undersigned has filed affirmative defenses for set off violations to the Truth in Lending Act, and a counterclaim for damages for RICO, TILA violations, usury, fraud in the inducement and fraud in the execution, damages for appraisal fraud, quiet title, and malicious abuse of process among other causes of action. This includes the undisclosed purchase of insurance that qualifies as mortgage insurance, credit default swaps that qualify as mortgage insurance, and guarantees from third parties, including but not limited to the mortgagors whose negotiable instruments were also assigned to tranches that had lower priority than that which the subject loan transaction was assigned, and the payments made by plaintiff were in fact allocated and given not to the holder in due course of the subject mortgage and note, but to the CDO manager for allocation to tranches and securities which held a higher place in the hierarchy of the tranches within the SPV. The note was separated from the mortgage then the mortgage is unenforceable by definition. If the mortgage is unenforceable by definition then any “foreclosure sale” is void. Thus a cloud on title exists even in the presence of the Court’s Judgment to the contrary. There was Fraud in the Factum since securitizations often are involved. The truth is that there was fraud in the Factum. The Defendants filings with the Securities and Exchange Commission (SEC) shows interconnected and affiliated parties that aided and abetted a pattern of fraud by the originating lender and, thus, trust cannot acquire the rights of a holder-in-due-course per U.C.C.§ 3203 (b). To use participation theories, we must show that financial institutions providing lending capital for a predatory lending scheme are dictating loan terms or, at least, are aware of the predatory characteristics of the loans (England v. MG Investments, Inc., 93 F. Supp. 2d 718 (S.D. W.Va 2000)). Such information may be found in the 8K and 10K filings with the SEC. For example, a federal district Court held that the Wall Street underwriters (Lehman

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Brothers) for a predatory lender could be liable to injured consumers on an aiding and abetting theory where consumer allege that the underwriter knew of the lender’s fraud and provided substantial assistance to the lender’s scheme (Aiello v. Chisik, 2002 U.S. Dist. Lexis 5858 (C.D. Cal. Jan. 10, 2002) ). Proving such a fraud can be a good defense to fight a trust’s claims to be holder-indue-course or claims of having the “rights” of holder-in-due-course. Bidders and third parties without notice could easily be sued in foreclosure by the real holders in due course thus either encumbering their property with the mortgage which the Court had intended to extinguish through the foreclosure sale, or losing the property for which they paid out of their own funds or through the lending and mortgage of yet another financial institution who will also be subject to losing its security and suffer a partial or complete loss on a loan where the risks were not apparent because of the fraud of HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew New York, NY 14043-2602, , (“Nominal Lender

on the Deed of Trust”), Wells Fargo Bank, N.A (Seller, Sponsor, who sold this loan to Wells Fargo Asset Securities Corporation for cash), Wells Fargo Asset Securities Corporation ( which was Depositor, who sold this loan for cash to Lehman Brothers Special Financing Inc) , Lehman Brothers Special Financing Inc, HSBC Bank USA National Association ( which is the issuing entity which just converted the loans into certificate and Bonds), Lehman Brothers Special Financing Inc, Lehman Brothers Inc ( who as a “securities underwriter” bought the loans for cash from Depositor and further sold these loans as certificate and bonds to Dealers/Agents for cash), The dealers/agents who in turn sold these certificates and bonds to investors for cash, “HSBC Bank USA, National Association ” as trustee for Wells Fargo Mortgage Backed Securities 2008AR2 Trust, MERS as computer data base company, nor Dealers/Agents who are part of securities underwriter, as Securities Underwriter,. JOHN OR JANE DOES 1-1000 (unknown
investors); JOHN ROES 1-10, being undisclosed mortgage aggregators (Wholesalers), mortgage originators, loan seller, Trustee of Pooled Assets, Trustee for holders of certificates of Collateralized Mortgage Obligations, MERS et al, MERS, Mortgage Electronic Registration System (MERS) 1818 Library Street, Suite 300 Reston, VA 20190, Stephen B. Wood, VSB # 26518, Bierman, Geesing, Ward & Wood, LLC, 8100 Three Chopt Road, Suite 240 Richmond VA 23229, Equity Trustee LLC,. JOHN OR JANE DOES 11000 (unknown investors); JOHN ROES 1-10, being undisclosed mortgage aggregators (Wholesalers), mortgage originators, loan seller, Trustee of Pooled Assets, Trustee for holders of certificates of Collateralized Mortgage Obligations, MERS et al (e.g., Civil Action (list of names of known defendants), and all other persons unknown, claiming any right, title, estate, lien or interest in the said real

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property. etal.. These entities used fake, fabricated and illegal affidavits/assignments of individuals, who were wearing too many hats for the financial and non-financial institutions and their signatures on each of the assignment/ affidavit are not identical. These all entities are misleading the court and thus committing the fraud upon courts in stealing the homes of the people. END OF WRITING

Possession for a period of twenty one (21) years and three (3)months Witness my signature this the _____ day of______________________________, 2011. ______________________________________________________________________________ POSSESSOR POSSESSOR Jeffrey L. Brown Barbara M. Brown 3130 Barbara Lane 3130 Barbara Lane Fairfax, VA 22031 Fairfax, VA 22031

STATE OF _____________________________________ COUNTY OF ____________________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _____ day of ____________________________, 20____,within my jurisdiction, the within named_Jeffrey and Barbara Brown who acknowledged and executed the above and foregoing instrument.

____________________________________ NOTARY PUBLIC My Commission Expires: ______________________ SEAL

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