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Case No.: BANSC-RE-2010-187 Plaintiff, Judge: INJUNCTIVE RELIEF SOUGHT v. DEFENDANT'S SEPARATE STATEMENT OF UNDISPUTED FACTS
JURY TRIAL DEMANDED
Defendant
and
Defendant-Intervenor.
[Filed concurrently the following: Notice of Motion, Defendant's Separate Statement of Undisputed Facts, Motion to Disqualify Opposing Counsel, Defendants Objection to Plaintiffs Witnesses, Affidavits and Exhibits Incorporated Motion to Strike and Memorandum of Law, Defendant Twila A. Butler f/k/a Wolfs Sworn Affidavit of Fact, Defendant's Motion For Compensation For Time Incorporated Memorandum of Law, Supporting Exhibits On Defendant's Objection to Plaintiffs Motion to Lift Stay and Motion for Final Judgment Incorporated Motion for Sanctions, Declaratory and Injunctive Relief and Memorandum of Law. [Proposed Order Granting Defendants Motion] Date of Hearing: Time of Hearing: _ _
Defendants, TWILA A. BUTLERf/k/a WOLF AND CHARLTONA. BUTLERJR ("Defendant' "Defendant-Intervenor" "Defendants"), submits this separate
statement of undisputed material facts, together with reference to supporting evidence, in support of Defendant's Motion for Sanctions, Declaratory and
UNDISPUTED FACTS On or about December 04, 2000 TWILA A. WOLF a/k/a Butler, executed a "Fixed Rate Mortgage Note" promising to pay, a certain sum of money. This loan was evidenced by a promissory note ("Note") and secured by a security instrument ("Mortgage') encumbering the property at 44 Patten St. Bangor, Me. 04401 ("the Property"). The Mortgage was recorded in the Official County Records The Registry of Deeds, County of Penobscot, The Note executed by TWILA A. Butler /f/k/a WOLF, was never properly indorsed to either Plaintiff TD BANK N.A. or MAINE STATE HOUSING AUTHORITY, TWILA A. BUTLER /f/k/a WOLF AND CHARLTON A. BUTLER JR., were never informed of any sale, assignment or indorsement, of the Note, from TD Bank N.A. the lender to TD BANK N.A. SERVICINGto, at least 3 more true sales, according to the standard PSA, and then to TD BANK N.A. Nor were the proper sales made and recorded by and or for MAINE STATE HOUSING AUTHORITY. Both are attempting to indicate that they were both directly, from origination, assigned to their respective Trust which is, not legal, if you want the trust to close, and be legal and not owe a ton oftaxes. For the securitization to exist it must conform to the rules without exception on which the trust is formed all depends on the
SUPPORTING EVIDENCE Declaration of Twila A. Butler f/k/a Wolf and Exhibits (A) and (B)
Declaration of Twila A. Butler and the actual Note in the possession of Plaintiff
STATE OF MAINE CIVIL fact that "the function is the form and the form is the function" in securitization and the creation of trusts. All this forgery for naught when taken into account and consideration that Defendants never made this loan. Plaintiffs lacks standing in this Unlawful action
The Trustee/ TD Bank N.A.had/ has possession of the Original Note as per their representation on the face of the Notice of Default and are unable, due to its fraudulent nature, to produce it for this hearing.
The Note in issue is Not properly or Indorsed at all by Defendant to Plaintiff. The Note at bar is in the possession of Plaintiffs and would be the forgery that Defendant keeps asking to see. Declaration of Twila A. Butler
DATED:February 28,2012
DEFENDANTS EXHIBIT
DEFENDANTS EXHIBIT A:
Since Defendant T Butler was not given a copy of what she signed and was told she was signing and agreeing to this is the best Defendant T Butler can do.
DEFENDANTS EXHIBIT
DEFENDANTSEXHIBIT B: Since Defendant T Butler was not given a copy of what she signed and was told she was signing and agreeing to this is the best Defendant T Butler can do.