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IN THE CIRCUIT COURT FOR BALTIMORE COUNTY, MARYLAND
Thomas P. Dore, Mark S. Devan, Kristen K. Haskins, Gerard F. Miles Jr., and Shannon Menapace As Substituted Trustees Plaintiff, VS. Todd Wetzelberger et al Defendants ) ) ) ) ) MOTION FOR LEAVE TO ) PERPETUATE EVIDENCE PER MD RULE 2-404(b) ) ) CASE NO. 03-C-10-000465
MOTION FOR LEAVE TO PERPETUATE EVIDENCE PER MD RULE 2-404(b) COMES NOW, Todd Wetzelberger and Erin Rene Wetzelberger per Md. Rule 2-404(b) and moves the court to enter an Order granting Defendants leave to Perpetuate Evidence for use in the event of further proceedings in the Circuit Court per Md. Rules 2-411, and 2-422, and for good cause as follows: A. REASONS FOR PERPETUATING EVIDENCE
1. M&T Bank Corporation (MTB) and/or its/their purported agents, principals and assigns,
including but not limited to Plaintiffs, Thomas P. Dore et al., are in exclusive possession and control of critical documents and information regarding its conduct and claims.
2. This subject matter involves real property in possession and control of Defendants and the
controversy associated with the identity of the bona fide real party in interest claiming the status as purported creditor. 3. In anticipation of a fraudulent non-judicial foreclosure attempt outside of judicial review, with no lawful standing to do so, Defendants served pre-complaint discovery requests on MTB and Dore et al.
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4. The controversy also involves the alleged amount of money purportedly claimed to be due
and owing from Defendants to unknown creditor(s) under the purported “loan”, in truth an undisclosed investment contract that Defendants were made an unwitting party to, violating the statute of frauds per Md. Code, Com Law § 2-201. See also Miller v. Ameriquest Mortg. Co. (In re Laskowski), 384 B.R. 518 (U.S. BK N.D. Indiana SB 2008), prohibiting violation of RESPA and Qualified Written Request demands (emphasis in bold). A "qualified written request" ("QWR") is a legal term of art found in the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601 et seq. It is "a written correspondence . . . that (i) includes . . . the name and account of the [purported] borrower; and (ii) includes a statement of the reasons for the belief of the [purported] borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the [purported] borrower." 12 U.S.C. § 2605(e)(1)(B). In addition, § 2605(e) requires that "any servicer of a federally related mortgage loan" which receives a QWR from the borrower or its agent "shall provide a written response acknowledging receipt of the correspondence within 20 days" and shall "make appropriate corrections" to the [purported] borrower's account or "provide the [purported] borrower with a written explanation" within 60 days. 12 U.S.C. § 2605(e)(1)(A), (e)(2). The Real Estate Settlement Procedures Act ("RESPA") is a federal statute enacted to provide consumers "with greater and more timely information on the nature and costs of the settlement process" and to protect consumers from "unnecessarily high settlement charges caused by certain abusive practices." 12 U.S.C. § 2601(a). Its purpose is "to effect certain changes in the settlement process for residential real estate that will result" in better disclosure of settlement costs to home buyers and sellers, elimination of kickbacks, reduction in amounts escrowed for payment of taxes and insurance, and other reforms. Id., § 2601(b); See Williams v. Countrywide Home Loans, Inc., 504 F. Supp. 2d 176, 191 (S.D. Tex. 2007). The Real Estate Settlement Procedures Act ("RESPA") imposes a duty upon loan servicers to respond to certain [purported] borrower inquiries. The Act provides for individual causes of action and "allows for actual damages, as well as statutory damages upon a showing of a pattern or practice of noncompliance with the duty to respond to borrower inquiries." Hopkins v. First NLC Fin'l Servs, LLC (In re Hopkins), 372 B.R. 734, 746 (Bankr. E.D. Pa. 2007) (citation omitted). 5. In an attempt to avoid litigation, Defendant has served multiple pre-suit discovery requests over the past few years, for substantiation, validation, and authentication of the purported “debt”
principals or assigns. MTB and Dore et al. original. the 3 page original genuine (free from fraud or forgery) wet ink signature interest-only period fixed rate note #0011973187.S. over 6 months before Substituted Trustees Dore et al filed a fraudulent foreclosure case against the legal estate of TODD G..C. On or about June 21. 10. and book keeping practices pertaining to Acct. free from fraud or forgery. and 12 U. that after 1050 days. genuine. Law. 9. 15 USC 1692G Section 908(b) of all official documents that would establish validity of the purported “debt” and allow a team of analysts to review all official contracts. The information necessary to conduct forensic accounting regarding Acct. 2009. Defendants’ investigation revealed that Todd Wetzelberger’s personal property.C. 8. M&T Bank received a Qualified Written RESPA Request (QWR) sent via certified mail # 7009 0080 0001 6021 2851 for an audit of Account #0011973187 per Fair Debt Collection Practices Act. FDCPA and commercial law as codified in Md.” 1) 7. WETZELBERGER. Code. verified chain of custody of the original security(s) (unaltered. had a duty to comply with said discovery requests and validation of purported claim per federal mandates as defined in 15 U. TILA. 11. the original genuine (free from fraud or forgery) promissory note. Com. per RESPA. (Def. records. is not “owned” or “held” by MTB. ledger entries.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3of 23 claimed to be due and owing. genuine (free from fraud or forgery) DOT. but is currently being traded through the Fidelity Independence Fund. # 0011973187. . has not been provided in direct violation of Federal law. 6. M&T Bank failed/ refused to fully and substantively answer said QWR and to comply with state and federal law requiring M&T Bank to do so. including the Pooling and Servicing Agreement (PSA). Inception date 3-25-83. Symbol FDFFX. Those requests were never complied with by MTB and its/their agents. Per Federal Law. # 0011973187. dated December 22. wet ink signature promissory note and DOT). the respondent to a RESPA QWR had 60 business days to fully comply with the request as mandated. net assets in fund $4.28 Billion. 2006. Exhibit “Ex.S.
Relevant here." • "Aurora provided those documents that are in [her] possession. Carlsen. Our review of her testimony. 15. • She declined to agree that she is the "custodian of records for Aurora. Conner made general assertions covering several documents. Despite the failure of MTB and its/their agents to substantively reply to Defendant’s notices and demands. and failure to provide proof of claim. • She "handle[s] legal files" and she "attend[s] trials." . Com. § 909.01 (documents must be authenticated to be admissible. unbifurcated note and deed of trust. reveals that Conner lacked the personal knowledge needed to authenticate Exhibit D. Law § 3-501. See generally Aurora Loan Servs. 14. and this requirement is satisfied "by evidence sufficient to support a finding that the matter in question is what its proponent claims"). 2011 WI App 58 (March 24." • She "reviewed the subject file" in preparing for the hearing." • She "look[s] at documentation . Code. To rebut the presumption that Defendants are deadbeats and to stay in commercial honor.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4of 23 12. upon proof of claim. Per Md. without a court order of sale. 2011) in which the Court reasoned and held as follows (emphasis in bold): P7 Aurora argues that Conner's testimony is sufficient to support the circuit court's finding that Aurora had been assigned the note." • "Aurora [is] the custodian of records for this loan. however. Conner either affirmatively testified or agreed to leading questions with respect to the following: • She works for Aurora. LLC v. for alleged failure to pay on the purported “loan”. Unsubstantiated documentation is impermissible throughout the country per state and federal rules of evidence. the original genuine unaltered. MTB and its/their agents attempted an illegal foreclosure “sale”. See Wis. Stat.. Petitioner conditionally accepted the offer of MTB to illegally foreclose on Defendant’s real property. [does] not physically handle original notes and documents. Defendants tendered legal tender funds with a neutral third party escrow agent in exchange for the production of Todd Wetzelberger’s personal property.. 13. but [she does] acquire documentation.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 5of 23 • She is "familiar with records that are prepared in the ordinary course of business. Real Property § 5-105. After notice and opportunity to not do so. The copy of the Deed of Trust (DOT) purportedly recorded among the land records of Baltimore County MD in Liber 25061. the document purporting to be evidence of the assignment of the note and mortgage from Mortgage Electronic Registration Systems to Aurora. 17. who had reviewed some Aurora documents. Stat. Thus." • She has "authority from Aurora to testify as to the documents. the willful filing of false affidavits. Law § 8-606 (b)(1) and Md. not voidable. Lawyer Rules of Professional Conduct (MLRPC) . Code. including Exhibit D. was an assignment. 16. for fraud. Although Conner was able to say that Exhibit D. Aurora failed to authenticate Exhibit D. recording and re-recording of said void Deed of Trust. Conner did not assert that Exhibit D was an original or that Aurora had possession of the original document. For that matter. Code. she had no apparent personal knowledge giving her a basis to authenticate that document. re-recorded in Liber 27296.P12 In sum. Crim. Conner testified: • Aurora has "possession of Exhibit D. Conner did no more than identify herself as an Aurora employee who was familiar with some unspecified Aurora documents." As it specifically pertains to Exhibit D. to court. § 909. and it was not entitled to a judgment of foreclosure." • Exhibit D is "an assignment of mortgage. on its face.01. Conner did not provide a basis for a finding that any original document she might have previously viewed was what it purported to be. See Wis. folio 434. and who had brought some documents. and is void. the circuit court's finding that Aurora was the holder of the note is clearly erroneous—no admissible evidence supports that finding. the document purporting to be an assignment of the note. Aurora failed to prove its case. folio 281 violates the Uniform Trust Code § 406 and Md. of [Aurora's] records. 2 P8 Thus. regardless of other alleged proof problems relating to that note and the Carlsens' alleged default." With respect to possession of Exhibit D. and void fraudulent Trustees Deed are acts of filing false documents into a public office in violation of Md.
20. Md. With no express or implied authority from Todd Wetzelberger.. 2011 Bankr. 25. excerpted and links below. Feb. Comm'n v. 408 Md. 2011). 449 (2009). 18. followed by In re Byrd. 21. Wetzelberger’s personal property. self authenticating. that call for disbarment. MTB. M&T Bank. a condition precedent per Md. Griev. Smith. Code. Defendants. 10. self authenticating admissible evidence per Md. Byrd. LEXIS 608 (Bankr. the original genuine (free from fraud or forgery) wet ink signature promissory note and DOT for Todd Wetzelberger’s benefit as MTB had a duty of safekeeping. entrusted MTB as bailee. Rule § 5-902. Evid. Rule 5-902. to hold Todd Law § 3-603 and to return said personal property to Plaintiff.1. illegally converted Plaintiff’s personal property from a promise to pay into a draft/ security subject to Md.4. Code. Com. See Atty. D. are in control and possession of any admissible evidence of default of any purported “loan”.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 6of 23 3. (b) to warrant filing said fraudulent foreclosure complaint in the Circuit Court for Baltimore County. 23. 3. through its agent Jill M. Neither MTB or Dore et al. show that M&T had notice and opportunity on 4 different occasions to collect legal tender funds to settle the purported “debt” and to return the Plaintiff’s personal property. the original genuine (free from fraud or forgery) wet ink signature promissory note and DOT. that is public record. per Md. 24. Conversion of one’s personal property is a crime subject to criminal charges and civil liability. Public record. V. as bailors. Evid. 22. Rule 14-205(a). admissible evidence per Md. Law§ 3-306. 19. Said illegal conversion is subject to rescission of the negotiation of Todd Wetzelberger’s personal property. Article 8. Com Law. Com. .3 and 3. Defendant M&T failed/refused to collect said funds per Md. Code.P. MTB without express or implied authority sold and/or transferred Plaintiff’s personal property after said illegal conversion as evidenced by the 2007 10K Annual Report and 424(b)(5) S-17 Prospectus Supplement filed by M&T Bank with the Securities and Exchange Commission.
2006 and $1. In prior years. loans of the trusts that were 30 or more days delinquent totaled $14 million and $16 million. approximate ly $7 million of one-to-four family residential mortgage loans serviced for others had been sold with credit recourse. The Company recognized no gain or loss on the transaction as it retained all of the resulting securities.117 of 10K. respectively. 2006 and 2005.9 billion at December 31.646. p. p.One-to-four family residential mortgage loans held for sale were $1. There were no significant repurchases of delinquent or foreclosed loans from the trusts by the Company in 2006 or 2005. One-to-four family residential mortgage loans and smaller balance commercial mortgage loans with many repayment characteristics similar to residential mortgage loans that are serviced for others totaled approximately $16. respectively. p.704. of one-to-four family residential mortgage loans in a guaranteed mortgage securitization with FNMA.000.384.774. the Company securitized approximately $126 million. 2006 and $877 million at December 31.htm p. the Company’s maximum exposure to loss as a result of its association with the trusts is limited to realizing the carrying value of the retained securities and servicing rights.sec.gov/Archives/edgar/data/36270/000095015207001456/l22721ae10vk.91 of 10K.9 billion one-to-four family residential mortgage loans to qualified special purpose trusts in non-recourse securitization transactions.6 billion at December 31.93 of 10K. the Company transferred approximately $1.238 (estimated fair value) p. p. 2006 and 2005. no more than 88% of the resulting securities.116 of 10K. the Company received cash. The Company also utilizes commitments to sell real estate loans to offset the exposure to changes in the fair value of certain commitments to originate real estate loans for sale.gov/Archives/edgar/data/36270/000095015208000579/l29527ce424b5. The principal amount of such securities held by the Company was $627 million and $757 million at December 31. The qualified special purpose trusts are not included in the Company’s consolidated financial statements.With the exception of marketable securities. respectively. the Company’s financial instruments are not readily marketable and market prices do not exist. Credit losses. At December 31. The combined outstanding principal amount of mortgage-backed securities issued by the qualified special purpose trusts was $732 million at December 31.As of December 31. 2006.115. Because the transactions were nonrecourse. the latest available investment ratings of all privately issued mortgage-backed securities were A or better.000 and $76.372 (amortized cost) 5. paragraph 19 of 10K. certain off-balance sheet financial instruments and one-to-four family residential mortgage loans originated for sale. respectively.2 billion at December 31. 90 of 10K. and the servicing rights to the loans. 2005. 2006 and 2005.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 7of 23 http://www. Such commitments have been designated as fair value hedges.Securitizations In December 2005. .htm http://www.The Company utilizes commitments to sell residential and commercial real estate loans to hedge the exposure to changes in the fair value of real estate loans held for sale. In exchange for the loans. As of December 31. Such securities were classified as investment securities available for sale. net of recoveries. 2006.7 billion and $15. for the trusts in 2006 and 2005 were insignificant.line item Mortgage-backed securities available for sale (in thousands) 5. All of the retained securities were classified as investment securities available for sale. with the exception of 17 securities with an aggregate amortized cost and estimated fair value of $74. 2005.sec. 118. The Company expects no material credit-related losses on the retained securities as a result of the guarantees by FNMA.
public debt instruments).121 of 10K.The Company utilizes commitments to sell real estate loans to hedge exposure to changes in the fair value of real estate loans held for sale.095 $ 1.095 $ 3. Value ascribable to that portion of cash flows is recognized at the time the underlying mortgage loans are sold. are carried at estimated fair value on the consolidated balance sheet. Additional information about such derivative financial instruments is included in note 17. The estimated fair values of such commitments were generally calculated by reference to quoted market prices for commitments to sell real estate loans to certain government-sponsored entities and other parties. 27.com/investor/content/apr2007/pi20070405_121074. (1099OID-original issue discount. the Company enters into various commitments to originate real estate loans for sale and commitments to sell real estate loans. Such commitments are considered derivatives in accordance with SFAS No. 30.274 ) (6. therefore.591 (2006) 351. S-17 of 424(b)(5) Prospectus Supplement.813 $ 1. p. However. p.Commitments to originate real estate loans for sale (in thousands) $ 3.Residential real estate loans to be sold (in thousands) 679. Due to its international activities and offshore branch(s) outside the jurisdiction of the UNITED STATES.Prior to 2007.120 of 10K Agreements to resell securities The amounts assigned to agreements to resell securities were based on discounted calculations of projected cash flows.293 ) (16. M&T sold substantially all of the Alt-A residential real estate loans that it originated. The bank indicated the market for the Alt-A loans that it packages and securitizes has cooled off.813 Commitments to sell real estate loans (16.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 8of 23 p. as evidenced by its 2007 10K Annual Report.120 of 10K Commitments to originate real estate loans for sale and commitments to sell real estate loans As described in note 17.htm Paragraph 2.businessweek. given M&T Bank's (MTB. 26. http://www. p. M&T Bank says it's contractually liable to buy back nonperforming Alt-A mortgages.122 of 10K. leading to lower prices and lower mark-to-market prices for the loans that aren't sold.293 ) (6. value ascribable to cash flows that will be realized in connection with loan servicing activities has not been included.274 ) p. 133 and along with commitments to originate real estate loans to be held for sale are generally recorded in the consolidated balance sheet at estimated fair market value. Such commitments are considered to be derivative financial instruments and.Investors are worried about regional bank exposure to Alt-A mortgages. leading to further net interest margin compression.119 of 10K table line items. hold) profit warning on Mar. ranked 3 STARS. Public record business publications substantiate MTB’s public record SEC filings. in estimating that fair value for commitments to originate loans for sale.898 (2005) p. MTB . The bank also warned that deposit costs would be higher than expected.
WETZELBERGER.809. Christoper M. Zeis.528. The Company uses such deposits to facilitate customer demand and as an alternative to short-term borrowings when the costs of such deposits seem reasonable.000 and $216. The failure of MTB. 28. validate and authenticate the purported “debt” and failed to disclose material facts to Defendants as conditions precedent before filing said fraudulent suit. WETZELBERGER on January 13. 31. International Activities The Company engages in certain international activities consisting largely of collecting Eurodollar deposits.3 and 3.175. and prior to filing a fraudulent foreclosure case against the legal estate of TODD G. Lawyers Rules of Professional Conduct (MLRPC) Rule(s) 3. 33. Net assets identified with international activities amounted to $185.000 at December 31.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 9of 23 must comply with the reporting requirements of both the Bank Secrecy Act and Title III of the Patriot Act.000 and $2. as purported VP of MTB swore in an affidavit under penalty of perjury that a copy (inadmissible evidence) of the “original” promissory note was true and correct despite being strangely absent an indorsement.1.532. 32. after notice and opportunity that Dore et al was participating in a fraud. and Cantrell to disclose material facts.1. Such assets included $175.429. 2006 and 2005. 3. respectively. 3. 29.668. 30. and 3. Deposits at M&T Bank’s offshore branch office were $5. failed to substantiate. after notice and opportunity.3. M&T Bank and Dore et al.000. p. respectively. Dore et al. . and prior to filing a false Motion for Writ of Possession and fraudulent affidavit purportedly sworn to by Thomas Fitzgibbons. Dore et al. 2010. of loans to foreign borrowers. knowingly and willfully filed a fraudulent suit to foreclose on real property against the legal estate of TODD G. providing credit to support the international activities of domestic companies and holding certain loans to foreign borrowers.. In the instant case.4. engaging in foreign currency trading. failed to substantiate. 2006 and 2005.4.021.paragraph 16. Michael Cantrell Esq. validate and authenticate Cantrell’s claim and failed to disclose material facts to Plaintiff in violation of MLRPC Rule(s) 3.000 at December 31. The failure of MTB and Dore et al to disclose material facts violated the Md. after notice and opportunity..000 and $230. respectively.798. 114 of 10K. and material omissions by all of them unduly prejudiced Defendants.
constitutes an assault on the integrity of the judicial process itself”. 2010 Judge Alan M. A new admission by M & T's lawyer reveals there are nearly 400 fraudulent mortgages worth a half-billion dollars.S. 2010. MTB has a history of defrauding homeowners. Maryland.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 10of 23 34. who chairs the Maryland Court of Appeals Special Committee on Rules of Practice and Procedure. the use of bogus affidavits to support actions to foreclose…. The judges are alarmed at this development. Were it not for a whistleblower. Dore. in the Circuit Court for Baltimore County. 40." 38. Judge Wilner also stated in a letter to the court “In the Committee’s view. that he was not present at the purported “loan closing” and is not a competent witness to attest to any purported “facts” in the instant case.Y. . MTB also has a history of defrauding the Federal Government. Case details are found in the U. Pugach et al v. District Court. Dore admitted on the record under oath and penalty of perjury that he did not have any personal knowledge of any facts in the purported “loan agreement”. 2010. On August 11. the public may have never known about these facts. substituted trustee. 39. 37. Wilner. the subject of this foreclosure action.Eastern District of N. MTB was caught in a scheme to defraud the U. Government via the HUD 203K program. M&T Mortgage Case #CV-05-2498. 36.S.com/news-releases/m--t-bank-subject-of-whistle-blower-lawsuit-bank-accused-of-defrauding-government-out-of-millions-fromforged-mortgages-52712792. Dore also admitted on the record.prnewswire. under oath in the same hearing on August 11. 35. Approximately 18 months prior.html “The whistle blower suit stems from a case involving more than 50 mortgages owned by M&T on properties in Manhattan and Brooklyn that were fraudulently secured through HUD's 203K program for non-profits. Defendants have discovered that on or about October 13. http://www. the ’08 note with indorsement was also sworn to under penalty of perjury as a true and correct copy by both Laurie Abramo Asst VP. wrote in a memo to committee members that "preliminary audits have shown that hundreds of such bogus affidavits have been filed in Maryland circuit courts. Thomas P. MTB and Thomas P.
The instant case is currently on interlocutory appeal with the Court of Special Appeals of Maryland. 2001. the original. 3) Defendants’ personal property. genuine. . original. wet ink signature. Law § 3-305. the original note and DOT have generated multiple times the face amount in profits to MTB and/or its/their agents. The deal between M & T was reached six years ago. in which HUD agreed to pay off not just these 50 fraudulent mortgages. 6) The verified chain of custody of Defendants’ personal property (original note and DOT) has been broken. the attorney for M & T. as is often used to create the illusion of an “original” security. Petitioner seeks to establish the following facts: 1) MTB and/or its their agents. B. unaltered. 2) Defendants’ personal property. June 29. Marcus told the court on Friday that he was not aware of the agreement or even the letter's existence until April of this year!” 41. 7) The purported “original” note offered by Thomas P. Todd Marcus. genuine (free from fraud or forgery) wet ink signature note. 4) Said profits are due and owing to Defendants per Md. admitted in a letter to the court that his client never made him aware of a secretive deal between the bank and HUD. It is a counterfeit color copy. on Friday night. Code. Com. principals and assigns. according to a letter dated January 11. Dore into evidence at the 11 August 2010 hearing is NOT the authenticated. but an astonishing total of 374 fraudulent mortgages worth some $500 million! Marcus previously represented to the court that M & T had no knowledge of any fraud in the origination of any of these loans. 2007. Although his law partner attended the meeting at which the deal was reached. 5) MTB and/or its/their agents principals or assigns are not the source of the first funds transfer to Defendants and do not meet the definition of “creditor”. FACTS TO BE ESTABLISHED AND REASONS FOR DISCOVERY 42.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 11of 23 Indeed. unaltered note and deed of trust (DOT) have been bifurcated (split) rendering the security instrument void. principals and assigns are not the real party in interest with standing to file a foreclosure case against Defendants.
C. and liability of MTB under the Pooling and Servicing Agreement (PSA). duties. identification of any person(s) who took possession of Defendants’ original note and DOT. came into possession and control of Defendants’ personal property (purported original note and DOT) that Dore et al.identification of source of “funds” for the purported “loan”. an accounting of the transaction deposit account that Defendants’ personal property (original note) was deposited into as a special deposit to be held for Defendant upon repayment of the alleged “loan”. Corporate officer of MTB with a fiduciary duty to answer for the company (preferably CFO)how MTB came into possession and control of Defendants’ personal property (original note and DOT). 45. PERSONS TO BE EXAMINED AND THE SUBSTANCE OF THE TESTIMONY EXPECTED 43. have any credibility. an accounting of purported substitute trustee as to the specific account the “funds” alleged to have been given to Defendants were drawn from to support the Statement of [purported] Debt and Amended Statement of [purported] Debt filed by substitute trustees in the instant case. The following is a partial list of known persons to be examined and the substance of testimony expected from each person. produce admissible evidence of a verified chain of custody of said original note and DOT. produce admissible evidence of the rights.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 12of 23 8) Neither Dore et al. 46. 44. . produce admissible evidence that a trust was formed for the benefit of MERS as nominee for MTB with Thomas P. produce admissible evidence of a verified chain of custody of said note and DOT. entered into evidence in the instant case .how Dore et al. obligations. Corporate officer of MTB (preferably CFO) with a fiduciary duty to answer for the company. duties. obligations. Defendants reserve the right to expand upon this list if further discovery is necessary. Dore as purported “trustee”. or any purported “affiants”. produce admissible evidence of the rights. and liability of MTB under the Pooling and Servicing Agreement (PSA).. that filed inadmissible hearsay affidavits in the instant case. with a fiduciary duty to answer . Substitute Trustees Dore et al.
Abramo has in her possession and control. has to Defendants as the grantors/ settlors/ donors of the DOT and as the holders of the power of appointment under the Power of Appointment Act of 1951. 3. obligations. VP of MTB. what pecuniary interest Dore et al. 50.. duties. Corporate officer of Covahey. has in the foreclosure case and purported “sale” of Defendants’ property as both purported “successor trustee” and “debt collector” as defined by the FDCPA. Christopher M. Zeis has with regard to the alleged “loan” account and any amount purportedly due and owing to MTB at the time of the alleged negotiation and conversion of said note MTB.attorney as witness. Devan and Dore.how MERS came into possession and control of Defendants’ personal property (original note and DOT) as purported “beneficiary” and purported “nominee” for MTB. with a fiduciary duty to answer. purported “VP” of MTB. P. were appointed purported “successor trustee”. 48.3.what admissible evidence and first hand knowledge Ms.A. granting her delegation of authority to purportedly authenticate a copy of Todd Wetzelberger’s personal property (original note) as a “true and correct copy”. Corporate officer of MERS with a fiduciary duty to answer for the company. what duties. produce admissible evidence of a verified chain of custody of said note and DOT. purported Asst. Laurie Abramo.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 13of 23 47. Abramo has with regard to the alleged “loan” account and any amount purportedly due and owing to MTB at the time of the . what fiduciary duty Dore et al.candor toward the tribunal.7. and liabilities Dore et al. the MLRPC. purported VP of MERS. Zeis has in his possession and control. what rights. and purported VP of Chase Home Finance LLC. Boozer. Dore was appointed purported trustee and Dore et al. and to admit or deny that said appointments did not violate the Uniform Trust Code. Zeis. what personal first hand knowledge Mr. 49. duties. what personal first hand knowledge Ms.how Thomas P. produce admissible evidence of the rights. has to Defendants and the court as attorneys bound by their oath. and as officers of the court. and liability of MERS as purported “nominee” of MTB under the Pooling and Servicing Agreement (PSA). liabilities MTB and MERS had/have under the PSA.what admissible evidence and first hand knowledge Mr.4. obligations. granting him delegation of authority to purportedly authenticate a copy of Todd Wetzelberger’s personal property (original note) as a “true and correct copy”.. specifically Rule(s) 3.fairness to opposing party. obligations. 3.
obligations. the original genuine (free from fraud or forgery).what admissible evidence and first hand knowledge Ms. 51. and securitize Todd Wetzelberger’s personal property. Cantrell has in his possession and control. Smith has in her possession and control.emphasis in bold and underline). This list is not an exhaustive list and Defendants reserve the right to expand on the list of documents or things to be inspected as justice requires (for clarity. Cantrell failed and refused to object to or answer. .what admissible evidence is in the possession and control of Mr. granting her delegation of authority from Todd Wetzelberger to alter. Cantrell Esq. defrauding homeowners.. granting him delegation of authority from MTB to file a Motion for Writ of Possession. 52. liabilities MTB and MERS had/have under the PSA.S. The following list is reasonably calculated to lead to admissible evidence at trial. Cantrell opted instead to file the Motion For Writ of Possession with prior knowledge of the defects in MTB’s purported claim. Todd Marcus. 54. Jill M. what rights. copying and preservation by a questionable document/ forensic examiner/ fraud expert to a bare minimum. purported Vice President of MTB. duties. Cantrell was served a Notice and Demand for Proof of Claim by Defendants. In the interest of judicial economy and to not overburden Plaintiffs. Michael T. convert. after Mr. 53. indorse. government. preferably Gary Graham.what first hand knowledge Mr.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 14of 23 alleged negotiation and conversion of said note MTB. and defrauding the U. unaltered wet ink signature note. Graham to authenticate the verified chain of custody of Defendants’ personal property (original note and original DOT). Esq. Smith. Marcus has with regard to the pattern and practice of MTB misrepresenting facts. A corporate officer of Phoenix Title. D. Mr. that Mr.-what admissible evidence and first hand knowledge Mr. DOCUMENTS OR THINGS TO BE INSPECTED AND PRESERVED 55. Defendants have attempted to limit the documents and things that will be compelled to be produced for inspection.
was not subsequently disputed. by a person having firsthand knowledge of the alleged indebtedness. genuine.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 15of 23 a) The authenticated original issue. unaltered. d) The original genuine (free from fraud of forgery) “wet ink signature” complete credit application. sworn to under the penalty of perjury. wet ink signature “credit” application and subsequent original note was not bifurcated. contract sworn to under penalty of perjury by a “C” level company officer. . original. Purported “oral” contracts not reduced to a written record are not acceptable. that Dore et al. that is part of the alleged cumulative debt. g) The original. e) The authenticated. purportedly signed by Todd Wetzelberger sworn to under penalty of perjury by a credible witness (document custodian) in possession and control of the verified chain of custody. Code. signed between both the alleged “debtor” and MTB. unaltered wet ink signature contract. genuine (free from fraud or forgery) wet ink signature promissory note. having firsthand knowledge of the purported “indebtedness”. authenticated independent accounting. Com Law § 1-201(18)) wet ink signature. authenticated statement of each transaction. stating that the original. sworn to under penalty of perjury. authenticated cancelled check. f) A signed and sworn statement before a notary public under penalty of perjury by the document custodian. was not illegally converted. for the alleged debt claimed. part of any tax write off scheme nor insurance claim. genuine (free from fraud or forgery per Md. has with MTB as agents to collect the purported “debt”. or gave anything of value (consideration) to Defendants. securitized and transferred/sold into a pool of like assets via a Real Estate Mortgage Investment Conduit (REMIC). unaltered. stating that the reported indebtedness was a lawful indebtedness under all applicable state and federal laws. sworn under penalty of perjury. h) i) Verified. b) The original. and swearing that the purported “debt” is not now. for the alleged “money” deposited by alleged creditor into the alleged account for the alleged debt. unaltered. front and backside. incurred any liability. including the CUSIP number assigned to said application. c) A signed and sworn statement before a notary public under penalty of perjury. that Defendants allegedly signed to secure the purported credit account. verified. Original. where MTB incurred a log of an alleged debt and/or evidence that MTB actually loaned “money”. “funds” or “credit”. nor ever has been. containing all mandated disclosures.
or provided valuable consideration to Todd Wetzelberger (consideration is a necessary element to a lawful contract). as third-party collection agent. 535 Ch. that authorizes MTB or Dore et al. verified copy of the instrument by which MTB was authorized as a mixed-ownership government chartered corporation with authority to hypothecate credit of the United States (31 U. sworn to under penalty of perjury by the CFO of MTB of the Form(s) 1099-OID and 8281 filed with the Internal Revenue Service. o) Original. genuine. the collection of the alleged “debt”. signed by all parties. n) Provide admissible verified calculation per GAAP (books must balance). evidencing MTB as the “issuer” and source of “funds” of the purported “account(s)”. § 9101). verified.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 16of 23 j) Original. Rules. l) Provide the delegation of authority from the Director of the Office of Management Budget to MTB and Dore et al. authenticated.C. unaltered. sworn to under penalty of perjury by a “C” level executive of MTB of what MTB claims Todd Wetzelberger purportedly owes to MTB. m) Provide an authenticated. authenticated. authenticated and verified contract or other instrument through which MTB authorized/ assigned/ or transferred to Dore et al. that MTB put any assets at risk.S. p) Admissible.10. Proof of Election of “Specific Charge-Off Method” or “Nonaccrual-Experience Method” with EVIDENCE OF TAX ACCOUNTING per IRS Pub. k) Provide a true and correct authenticated. the subject of the instant case. theft and tax evasion on the purported account. verified admissible evidence of the true identity of the original purported bona fide “creditor(s)” who allegedly advanced their “credit” to Todd Wetzelberger. q) The original. . certified as true and correct copy. substantiated evidence per Maryland and Fed. s) A completed and notarized IRS Form 56 providing fiduciary relationship and responsibility. unaltered assignment contract and/or purchase and sale agreement. genuine. to settle accounts of the United States (Public Law 104-316). for any alleged creditor who claims to be a successor creditor with lawful standing to bring a claim at law (not to be confused with a corporate fiction “equity” court). Evid. r) A sworn “Proof of Loss” by a “C” level officer of MTB with personal First-Hand Knowledge. and identifying any unauthorized activity.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 17of 23 t) ber. purportedly signed by Defendants. and any GSE or any other person as defined in ¶ bb. and the SEC Manual of 1934.S. x) An independent CPA Affidavit assuring alleged creditor did not write-off the alleged “debt” on their corporate taxes. front and back. and did not charge-off the alleged debt on any credit bureau report. stating that all material facts regarding the alleged account and the alleged debt were correctly and fully disclosed to the alleged debtor.C. sworn to by a “C” level executive of MTB with first hand knowledge and credibility. credible. genuine. Title 15 U.S. wet ink signature. with accompanying authenticated chain of custody. unaltered. did not collect “bad debt” insurance on the alleged debt.C. verified. v) Authenticated. the subject of the instant case is in “default”. A completed IRS W9 by alleged creditor identifying their Federal ID num- u) An “Assurance of Due Performance”. . cc) Any and all “Deposit Agreement(s)” regarding account # 0011973187 between MTB. Title 12 U. evidence that the alleged account. aa) Any original. certificated or uncertificated security. w) The original. and any government sponsored entity. including any/ all attorneys. is licensed to collect on behalf of MTB in the STATE OF MD. used for the funding of account # 0011973187. that can be deposed under oath as to the purported “indebtedness” claimed to be due and owing to MTB by Todd Wetzelberger. dd) Any and all “Servicing Agreement(s)” regarding account # 0011973187 between MTB.S. by a “C” level corporate officer of MTB with First-Hand Knowledge of the alleged debt.. authenticated. z) Admissible verified evidence that Dore et al. bb) Any and all “Pooling Agreement(s)” related to MTB account # 0011973187 between MTB.C. and any GSE or any other person as defined in ¶ bb. hereinafter (GSE) or any other person as defined in Title 26 U. authenticated and verified Deed of Trust. genuine. y) The whereabouts or location of any/ all competent first hand. fact witnesses.
and any GSE or any other person as defined in ¶ bb. nn) Any and all original. servicing agreements. jj) Any and all “Master Agreement for servicer’s Principle and Interest Custodial Account” regarding account # 0011973187 between MTB. transfers. pp) Any and all original. kk) Any and all “Servicers Escrow Custodial Account” regarding account # 0011973187 between MTB. and any GSE or any other person as defined in ¶ bb. gg) Any and all “Issuer Agreement(s)” regarding account # 0011973187 between MTB. and any GSE or any other person as defined in ¶ bb. and any GSE or any other person as defined in ¶ bb. authenticated. ii) Any and all “Release of Document agreements” regarding account # 0011973187 between MTB. . authenticated document(s) establishing any bona fide Trustee(s) of record that claim or claimed legal or equitable title to the un-bifurcated original lien instrument and any Note/Security related to MTB account # 0011973187 from its inception to the current date. assignments. indemnification agreements. hh) Any and all “Commitment to Guarantee agreement(s)” regarding account # 0011973187 between MTB. allonges. mm) Any Trustee agreement(s) between MTB and unknown persons as defined in ¶ bb regarding account # 0011973187 or pool accounts with any GSE or unknown persons as defined in ¶ bb. and any GSE or any other person as defined in ¶ bb. and any GSE or any other person as defined in ¶ bb. and any GSE or any other person as defined in ¶ bb. wet ink signature sales contracts. authenticated documentation evidencing any trust relationship regarding the lien instrument and any original Note/Security related to MTB account # 0011973187 from its inception to the current date. ll) Any and all “Release of Interest” agreements between regarding account # 0011973187 between MTB. oo) Any and all original.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 18of 23 ee) Any and all “Custodial Agreement(s)” regarding account # 0011973187 between MTB. recourse agreements and any third party agreement(s) related to MTB account # 0011973187 from its inception to the current date. ff) Any and all “Master Purchasing Agreement(s)” regarding account # 0011973187 between MTB. and any GSE or any other person as defined in ¶ bb.
or other document(s) evidencing a transfer. figures and information contained in the servicing and accounting computer systems including. any servicers.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 19of 23 qq) Any and all original. authenticated document(s) establishing any Grantor(s)/Settlor(s)/Donor(s) of record for the un-bifurcated original lien instrument and any original Note/Security related to MTB account # 0011973187 from its inception to the current date. monetary instrument or other document that purportedly secures payment by Todd Wetzelberger to the purported obligation MTB claims to be due and owing on account #0011973187 from the inception of this account to the present date including any such assignments on MERS. uu) Any and all original documentation evidencing the fact that a constructive trust or any other form of trust was NOT formed to give restitution and reimbursement to the Plaintiff with regard to MTB account # 0011973187 and Case # 03-C-10000465. notations. sale or assignment of account # 0011973187. text. v. ww) Any and all original descriptions and legends of all Codes (with a detailed plain English description) used in MTB’s servicing and accounting system so that the examiners. or sub-servicers of MTB account # 0011973187 from the inception of this account to the current date. Dore et al. Please also include any and all assignments or transfers or nominees of any substitute trustee(s). tt) Any and all original document(s) establishing any bona fide Beneficiary of record that claim or claimed any legal or equitable title to the un-bifurcated original lien instrument and any original Note/Security related to MTB account # 0011973187 from its inception to the current date. xx) Any and all original assignments. ss) Any and all original document(s) establishing any bona fide Grantee of record that claim or claimed any legal or equitable title to the un-bifurcated original lien instrument and any original Note/Security related to MTB account # 0011973187 from its inception to the current date. or any other similar account servicing software used by MTB. transfers. Wetzelberger et al. vv) Any and all original data. . Maryland. allonge(s). but not limited to Alltel or Fidelity CPI system. rr) Any and all original document(s) establishing the date of any appointment of any bona fide Trustee(s) of record that claim or claimed any legal or equitable title to the un-bifurcated original lien instrument and any original Note/Security related to MTB account # 0011973187 from its inception to the current date. auditors and experts retained to audit and review MTB account # 0011973187 may properly conduct their work. information. docketed in the Circuit Court for Baltimore County.
etc. attorney or other representative of MTB. zz) Any and all original front and back of each and every canceled check. points. attorney fees. “interest”. with regard to MTB account # 0011973187. aaa) All escrow analyses conducted on MTB account # 0011973187 from the inception of this account until the current date. drafts. credit life insurance premiums. hazard insurance premiums. electronic or otherwise. checks. hhh) Any and all original letters. appraisal fees.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 20of 23 yy) Any and all original records. any servicers or sub-servicers of account file # 0011973187 from the inception of this account to present date. ggg) Any and all original letters. including MTB of account # 0011973187 for payment of any purported monthly payment for “principal”. fee or expense on account # 0011973187. but not limited to. eee) Any and all original letters. money orders. parent company. . principals. sub-servicers. ddd) Any and all original front and back copies of checks or payments MTB issued for MTB account # 0011973187. statements and documents contained in account file # 0011973187 imaged by MTB. agent. fees and expenses listed on any and all mandated disclosure statement(s) including. other payment. fff) Any and all original letters. money order. statements and documents sent to Defendants by MTB directly related to MTB account # 0011973187. automatic debits and written evidence of payments made by others for Todd Wetzelberger on MTB account # 0011973187. in control or possession of MTB or in the control or possession of any affiliate. escrow charge. statements and documents sent to Defendants by agents. servicers. assigns. inspection fees. title insurance fees. draft or debit notice issued for payment of closing costs. bbb) Any and all original front and back copies of each and every canceled check. statements and documents sent to Defendants by previous servicers. draft. sub-servicers or others in MTB account file # 0011973187. ccc) Any and all original front and back copies of all payment receipts. commissions. monetary instrument or servicing rights to account # 0011973187 including any such assignments on MERS. debit or credit notice issued to any/all servicers. title searches. attorneys or representatives of MTB directly related to MTB account # 0011973187. of assignments of account # 0011973187.
lll) Any and all original checks used to pay invoices for each charge such as inspection fees. assessments or any expense. kkk) Any and all original invoices for each charge such as inspection fees. servant or third party contractor of MTB and Defendants. fax. payment payoffs. sales of the note/security. interest rate adjustments. taxes. assignments. or in-person communication(s) between any agent. BPOs and reports done with regard to the real property directly related to MTB account # 0011973187. insurance. nnn) Any and all original account servicing records. kickbacks. taxes. payment records. and documents that relate to the accounting of MTB account # 0011973187 from the inception of this account until present date. ARM audits. account histories. which has been charged to MTB account # 0011973187 from the inception of this account to the present date. appraisal fees. ooo) Original documentation of all fees. trustee. principal. attorney fees. mail. qqq) Any/all documents and records concerning or in any way relating to any and all email. for good cause shown that the perpetuation of evidence is proper to avoid a failure or delay of justice. insurance. rebates. appraisals. appraisal fees. contracts and understandings with vendors that have been paid for any charge on MTB account # 0011973187 from the inception of this account to the present date. representative.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 21of 23 iii) Any and all original electronic transfers. beneficiary. or other security instrument or derivative directly related to MTB account # 0011973187. transaction histories. accounting records. payoff calculations. Rule 2-404(b) with specificity and particularity. BPOs. ledgers. mmm) Any and all original agreements. Defendants move the court to enter an Order granting . employee. WHEREFORE. profits. lien instrument. jjj) Any and all original property inspection reports. assessments or any expense which has been charged MTB account # 0011973187 from the inception of this account to the present date. and Defendants having stated all the elements necessary per Md. attorney fees. assignee. BPOs. telephonic. refunds. and gains made to or by any person or entity directly involved in MTB account # 0011973187 ppp) Any/all original letters of transmittal regarding MTB account # 0011973187.
LLC Executive Plaza III. Dated this ____ day of ________________________ 2012 _____________________________ Todd Wetzelberger _____________________________ Erin Rene Wetzelberger CERTIFICATE OF SERVICE UNDER PENALTY OF PERJURY. KILBERG Attorney of record for Plaintiffs as of date Notice Of Appeal was filed COVAHEY.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 22of 23 Defendants leave to Perpetuate Evidence for use in the event of further proceedings in the Circuit Court per Md.A. P.P. DEVAN.S. Maryland 21201 . Pate Attorney of record for Plaintiffs on appeal Law Office of Michael T. Suite 400 Hunt Valley. first class mail. Defendants also move the court to declare what penalties and sanctions will be assessed that are just and equitable. & DORE.S. of counsel to Huesman. and 2-422. Due to the prior history of failure of Plaintiffs and MTB to comply with pre-complaint discovery requests. LLC 20 S. I CERTIFY that on this ___ day of _______________ 2012 a copy of the foregoing document was served upon the following parties via U. if Plaintiffs and MTB fail to timely and substantively comply with said discovery requests. Pate. BRANDON M. Jones & Miles. Charles Street Suite 702 Baltimore. Rules 2-411. MD 21031 Michael T. BOOZER.
in my presence this day of 2012 ______________________ Notary Public My commission expires: . personally appeared Todd Wetzelberger identified in accordance with Maryland law. and acknowledged the foregoing document to be his/her act.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 23of 23 ____________________________ Todd Wetzelberger State of _____________________ County of ______________________ BEFORE ME_________________________Notary Public.
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