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August 4, 2010 Clerk of the Court: Lee Ann Bennett Sam Gibbons Courthouse 801 N. Florida Avenue, Suite 555 Tampa, Florida 33602 (813) 301-5162 Atten: Lydia

Debtor: MAINES, Marsha Lambert Case: 8:10-BK-05213-CPM

To the Clerk of the Court, Trustee, Jon Waage, and others filing pleadings in this case. Please take notice of the following enclosed documents being filed with the Court record on the above noted case:

1) 2) 3)

OBJECTION TO DOCUMENT (92 and 92-1) MOTION for Court to take Judicial Notice MOTION to STRIKE 4) Certificate of Services

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

and does not comply with Virginia Code § 5558. (Exhibit A . Richard D.1 (2) (Exhibit A . Marsha Lambert Case: 8:10-BK-05213-CPM . Tom Garcia.Code of Virginia) 2.Code of Virginia) Debtor: MAINES. after the Proof of Claim. Guy”. Inc (MERS) has no standing neither lawfully. 6. nor submit a “CORPORATION ASSIGNMENT OF DEED OF TRUST” nor any legal pleadings regarding Security Instruments. See Virginia Code § 55-58. to the Clerk of Frederick County. White. PC. Deed of Trusts etc.. VA. in violation of this Court’s own Proof of Claim form that states supporting documents must be filed WITH the Proof of Claim. the named Trustee of the recorded Deed of Trust being referred to in Doc 92 and 92-1. contains Blanks. after the 341 Creditor’s meeting. This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) was allegedly filed with the Clerk of Frederick County. with it’s primary place of business recorded in Delaware. White.1 (3).Code of Virginia) 3. no Deed Book and Page Numbers. 4. Mortgage Electronic Registration Systems. Guy is not Samuel I.Code of Virginia) 5. Debtor’s domicile is located in the state of Virginia. MERS is a corporation existing under the laws of Delaware. PC. the named Trustee of the recorded Deed of Trust being referred to in Doc 92 and 92-1. to create. Assistant Secretary of MERS is not Samuel I. (Exhibit A . This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) was allegedly filed with the Clerk of Frederick County. issue.Page 2 of 10 OBJECTION TO DOCUMENTS (92 and 92-1) Debtor files her OBJECTION TO DOCUMENTS (92 and 92-1) for reasons stated herein: 1. VA. Under existing Virginia state law. not Virginia. VA.1. This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) states “The Trustee is Richard D. See Virginia Code § 55-58. nor legally. (Exhibit A . yet bears no Clerk’s Seal.

§ 6. b.6.1-237.2-1615 (Exhibit A .2-325 (D) . Section 500) to produce any legal and/or lawful claims to Debtor’s Property. Virginia Codes § 6. LP (Lender) to transfer legal rights. 2008. because no Disclosure. nor lawful. MOTION for Court to take Judicial Notice Debtor respectfully Motions and Moves the Court to take Judicial Notice of the following information taken directly from the Recorded Note Modification of September 11. (Exhibit B) Debtor Notes for the Court other Errors in the Doc 92 filed with this Court: #1 PRINCIPLE BALANCE IS DIFFERENT: #2 INTEREST RATE. The recorded Deed of Trust MERS refers to as submitted to this court was superceded by a later document titled Note Modification (Exhibit B) 9. (APA) (USC Title 5. a. Bank of America has failed to comply with Debtor’s repeated requests under the Administrative Procedures Act of 1946. The Credit Bureaus have complied with the Administrative Procedures Act of 1946 (APA) by deleting all references to BAC from Debtor’s Credit Reports. nor by Contesting Debtor’s repeated requests by Certified Mail over the last 18 months. nor Notice of Assignment of Servicing was provided to Debtor since the Note Modification in September 2008 was executed. Marsha Lambert Case: 8:10-BK-05213-CPM . § 6. INTEREST AMOUNT IS DIFFERENT: (INTEREST ONLY LOAN. MERS has no legal. PRINCIPLE.Code of Virginia) 8.I PAID THE TAXES AND INSURANCE MYSELF) Debtor: MAINES.Page 3 of 10 7. authority to act on behalf of Countrywide Home Loans Servicing. nor Servicing Rights of the Deed of Trust to BAC HOME LOAN SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. Bank of America has exhausted their Administrative remedy by failing to respond.

Page 4 of 10 #3 #4 ADDRESS TO MAIL PAYMENTS TO IS DIFFERENT: MY LOAN MODIFICATION STATES I MUST TAKE THESE ACTIONS: #5 MY DEED OF TRUST STATES I MUST PROTECT MY TITLE: Debtor submits the Loan Modification Agreement with Countrywide as recorded in Frederick County. VA which states Debtor has Right to view Original Note or is idemnified on Page 2 Item 7 still has not been produced to the Debtor. nor BAC HOME LOAN SERVICING LP are a Party in Interest to Debtor’s Bankruptcy and that any alleged lien against Debtor’s Property be stripped unless the Original Note is produced to this Court and Debtor. Debtor submits neither MERS. Debtor: MAINES. nor this Court. Marsha Lambert Case: 8:10-BK-05213-CPM .

Notwithstanding any other provisions of this section. (2) No person not a resident of this Commonwealth may be named or act. bond or other instrument. 1999. (3) No clerk shall admit any security trust for recordation which does not state the full residence or business address of the trustee or trustees named therein.1. or either of them. however. including street address and zip code. in person or by agent or attorney. This section shall not apply to security trusts applying to property singly or jointly owned and situate partly in this Commonwealth and partly outside this Commonwealth or to property situate in this Commonwealth which. provided. bonds or other instruments recorded by the clerk prior to January 1. the other or others of which are residents of this Commonwealth. if any security trust is admitted by a clerk for recordation it shall be conclusively presumed that such security trust complies with all the requirements of this section. (1) For the purposes of this article. either individually or as one of several trustees. encumbered or pledged to secure the payment of money or the performance of an obligation. that the provisions of this section shall not apply to supplements to existing security trust instruments now of record executed pursuant to the provisions of said existing security trust instruments. requirements for trustees and for recordation. and unless its principal office is within this Commonwealth. mortgage. Security trusts defined. wholly situate in and including no property situate outside of the Commonwealth of Virginia. Marsha Lambert Case: 8:10-BK-05213-CPM . is conveyed. mortgages.Page 5 of 10 EXHIBIT A : VIRGINIA CODE § 55-58. Debtor: MAINES. entered into after the effective date of this article under which the title to real and personal property. (4) All deeds of trusts. the term "security trust" shall include a deed of trust. as the trustee of a security trust. together with property situate outside this Commonwealth. transferred. No corporation may be named or act as the trustee or as one of the trustees of a security trust unless it is chartered under the laws of this Commonwealth or of the United States of America. is the security for the performance of an obligation.

Part 226. 1998. 1601 et seq. partner. 12 C. prior to closing of the mortgage loan. Receive compensation for negotiating. 202. has otherwise acted as a real estate broker. officer or employee. 398. borrower. No industrial loan association shall: 1. when acting as a mortgage broker.C.F. 156. 1960.. If acting as a mortgage lender. with a (i) settlement statement and (ii) disclosure which conforms to that required by the provisions of 15 U.. 1962.. shall: 2.2-325.. and Regulation Z. Receive compensation from a mortgage lender of which it is a principal. Marsha Lambert Case: 8:10-BK-05213-CPM .S. fail to require the person closing the mortgage loan to provide the borrower.. 6.1-237. c.R.(1960.Page 6 of 10 without the residence or business address of the trustee or trustees named therein shall be valid for all purposes as if such address had been named therein. agent or salesman in connection with the real estate which secures the mortgage loan. 1966. and such association or affiliated person has received or will receive any other compensation or thing of value from the lender. placing or finding a mortgage loan where such association. No association. . 5. if such recordation be otherwise valid according to the law then in force. (Repealed effective October 1. provided. c.6.D. A. Disclosure of charges in a disclosure given to the borrower pursuant to federal disclosure laws or regulations and acceptance of the loan proceeds by the borrower shall be deemed an agreement signed by the borrower within the meaning of this section. . 565. Obtain any agreement or instrument in which blanks are left to be filled in after execution. § 6. c. that this section shall not affect any right or remedy of any third party which accrued after the recordation of said instrument or before July 1. trustee. c.) § 6. unless the borrower is given the following notice in writing at the Debtor: MAINES. director. seller or any other person. 2010) Prohibited practices. 424. or any person affiliated with such association. 1974.. c. B.

BORROWER'S SIGNATURE The foregoing notice shall be in at least 10-point type.1-422.. c... YOU SHOULD COMPARE OUR INTEREST RATESAND TERMS WITH THE MORTGAGE LOANS AVAILABLE THROUGH YOUR CREDIT UNION. c. 2010. and any corporation ten percent or more of the capital stock of which is owned by an association or by any person which is a subsidiary. No mortgage lender required to be licensed under this chapter shall fail to require the person closing the mortgage loan to provide to the borrower prior to closing of the mortgage loan.R... 1997. 2010) Other prohibitions applicable to mortgage lenders. As used in this subdivision.IF YOU ARE A MEMBER OF A CREDIT UNION. BORROWER'S SIGNATURE . (Effective October 1. director. c. partner.. § 1601 et seq. trustee. c. 183.. 596. YOU ARE FREE TO SEEK A LOAN WITH OUT OUR ASSISTANCE... 419. 228. WE WILL CHARGE AND COLLECT FROM YOU A FEE NOT TO EXCEED ... 2009. 2001.. and the prospective borrower shall acknowledge receipt of the written notice. officer or employee of an association. 1993.) Debtor: MAINES. officer or employee of an association. § 6.502... (1993.. director. IF WE ARE SUCCESSFUL IN OBTAINING A LOAN FOR YOU. and Federal Reserve Board Regulation Z (12 C...F.. cc. c.2-1615. the term "affiliated person of an association" means any person which is a subsidiary. % OF THE LOAN AMOUNT... stockholder.... 261. 189.. c. Marsha Lambert Case: 8:10-BK-05213-CPM .. 667... IN WHICH EVENT YOUWILL NOT BE REQUIRED TO PAY US A FEE FO R THAT SERVICE. trustee.Page 7 of 10 time the mortgage broker services are first offered to the borrower: NOTICE WE HAVE OFFERED TO ASSIST YOU IN OBTAINING A MORTGAGE LOAN.. stockholder... Part 226).. partner..C... 794....WE DO NOT REPRESENT ALL OF THE LE NDERS IN THE MARKET AND THE LENDERS WE DOREPRESENT MAY NOT OFFER THE LOWEST I NTEREST RATES OR BEST TERMS AVAILABLE TOYOU.) § 6..(1987. 511. cc. a (i) settlement statement and (ii) disclosure which conforms to that required by the provisions of 15 U.S.... . 1989.

Marsha Lambert Case: 8:10-BK-05213-CPM .Page 8 of 10 EXHIBIT B : RECORDED NOTE MODIFICATION Debtor: MAINES.

Marsha Lambert Case: 8:10-BK-05213-CPM .Page 9 of 10 Debtor: MAINES.

1301 McKinney Street. Ste 1200 Tampa FL 33602-3945 and Office of US Attorney. CERTIFICATE OF SERVICE I HEREBY CERTIFY. Marsha Lambert Case: 8:10-BK-05213-CPM . EXHIBIT A. Florida 34206-5001 and LAW OFFICES OF DAVID J. Attn Civil Process Clerk. atten: Catina ext 135 Cc: Mike/Kim. Pine Island Road. Savastano Lindsey A. Mail. EXHIBIT B. Simi Valley. PO Box 25001 Bradenton. a true and correct copy of the foregoing OBJECTION TO DOCUMENTS 92 and 92-1. CA 93065-6285 and US Trustee ico Ben Lambers 501 E Polk Street. to the following: JON M. MOTION FOR COURT TO TAKE JUDICIAL NOTICE and MOTION TO STRIKE was furnished electronically and/or by U.A. 400 North Tampa St Suite 3200. Suite 3450 Houston. DATED: 8/4/2010 Cc: Trustee. Savastano and Countrywide 450 American St. Trustee Debtor: MAINES. Case # 01038827 Respectfully Submitted. P. TX 77010-9050.Page 10 of 10 MOTION to STRIKE For reasons stated in the above OBJECTION TO DOCUMENT (92 and 92-1) and MOTION FOR COURT TO TAKE JUDICIAL NOTICE. Debtor Motions and Moves this Court to Strike Bank of America and/or MERS (Doc 92 and 92-1) from the Record. Suite 400 Plantation. FL 34206-5001. 1637 Fax: (954) 233-8653 /s/ Lindsey A. WAAGE Chapter 13 Trustee Post Office Box 25001 Bradenton. STERN. under penalty of perjury. FL 33324 Phone: (954) 233-8000 / Ext.S. Tampa FL 33602-4774 and Office of the Comptroller of the Currency. Jon Waage. Representative Counsel for Jon Waage. Attorney for Secured Creditor 900 S.

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