IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION InRe: ANTHONY JEROME

VALENTINE A/K/A A J VALENTINE BERNIDINE VALENTINE A/K/A BERNIDINE SIMS VALENTINE Debtor(s) ____________________________________/ SECOND AMENDED OBJECTION TO THE PROOF OF CLAIM FILED BY BANK OF AMERICA, N.A. Come now the Debtors, ANTHONY JEROME VALENTINE AND BERNIDINE VALENTINE, et al,. pro se, and file this SECOND AMENDED OBJECTION TO THE PROOF OF CLAIM FILED BY BANK OF AMERICA, N.A., and state the following: 1. Bank of America, N.A. has filed a Proof Of Claim in the above-styled case. 2. A foreclosure suit was filed in October of 2007 by Countrywide Home Loans, Inc., now owned by Bank of America, N.A.(attached as exhibit ‘E’) a. The foreclosure complaint listed Countrywide Home Loans, Inc., as the holder of the note and mortgage. b. The Lender, at that time, on Debtors’ original note and mortgage was Market Street Mortgage. (attached as exhibits ‘H’ and ‘I’) 3. Bank of America, N.A. is not the holder of the note and mortgage for the Debtors’ property located at 3381 Landover Blvd., Spring Hill, Florida 34609, as indicated by the ASSIGNMENT OF MORTGAGE dated 5-5-2011, and attached to the Proof Of Claim. (attached hereto as exhibit ‘A’)

CASE NO. 8:12-BK-00951-CPM CHAPTER 13

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a. This ASSIGNMENT OF MORTGAGE was signed by a MERS representative, who is listed on a “known robo signer” list. (attached hereto as exhibit ‘F’) b. The assignment was from MERS to Bank of America, N.A., yet, the Debtors’ mortgage is currently owned by Freddie Mac. (see exhibits ‘C’ and ‘G’) c. The assignment would have had to have gone from Freddie Mac, to Mers, to Countrywide Home Loans, Inc., to Bank of America, N.A., to be valid. d. This was a MERS assignment. There is no evidence to show the chain of transfer as outlined in 3. (c). e. MERS has been recently deemed a “non-entity” with regard to mortgage assignments by the Florida State Supreme Court, unless a proper chain of transfer is stated. No such chain of transfer is presented by Bank of America, N.A. to support the validity of the ASSIGNMENTS OF MORTGAGE FILED. (see SC09-1460) 4. Even if the assignments were valid, both assignments postdated the filing of the foreclosure Complaint filed by Countrywide Home Loans, Inc., now owned by Bank of America, N.A., Rendering said assignments invalid. ( see: BRANCH BANKING AND TRUST COMPANY vs. REGINALD JENKINS, 16 Fla. L. Weekly Supp. 642a, CHASE HOME FINANCE, LLC v. JANET DOBSON, 16 Fla. L. Weekly Supp. 428a, CITIMORTGAGE, INC. vs. MICHAEL EASOM, 17 Fla. L. Weekly Supp. 100b, CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC v. TAMMY D. HARDY, 16 Fla. L. Weekly Supp. 1147a, SUNTRUST MORTGAGE, INC. vs. ELENA V. FULLERTON, 16 Fla. L. Weekly Supp. 1146b, THE BANK OF NEW YORK MELLON v. MARY L. BARNICH, 17 Fla. L. Weekly Supp. 100a, U.S. BANK NATIONAL ASSOCIATION v. BRENDA C. ROSE, 16 Fla. L. Weekly Supp. 1044a, US BANK N.A. v. JESUS TACORONTE, 17 Fla. L. Weekly Supp. 17a and WACHOVIA BANK NATIONAL ASSOCIATION vs. JUANITA NORTON, 16 Fla. L. Weekly Supp. 1043a.) 2

5. At the time of the filing of the original foreclosure complaint, the note holder was Market Street Mortgage. 6. Fla. R. Civ. P. 1.130(b) states, in pertinent part: “ Any exhibit attached to a pleading shall be considered a part thereof for all purposes.” 7. Fla. R. Civ. P. 10210(a) states, in part: “Every action may be prosecuted in the name of the real party in interest…” 8. MERS has been determined by, most courts, to be unable to meet this criteria. (In re Agard, 10-77338, U.S. Bankruptcy Court, Eastern District of New York Central Islip) 9. MERS fails to meet the criteria here, because there is no clear trail of when, if ever, MERS became a holder of both the note and mortgage. 10.That Debtors have had letters sent to them from Bank of America, N. A., which states that Bank of America, N.A. “… does not own your loan…,” and is effective as of July 1, 2011(attached as exhibit ‘G’), and Freddie Mac, which states that “…Freddie Mac is the owner of your mortgage…”, and this letter was dated September 17, 2009. (attached as exhibit ‘C’) 11.Debtors also have a notice from Bank of America dated August 2, 2010, stating that FHLMC S/A-3DAY ARC-125949, (which is Freddie Mac) “…is the investor on your loan…” 12.The most recent ASSIGNMENT OF MORTGAGE, filed by Bank of America, N.A. is dated May 5, 2011. (see exhibit ‘A’) 13.This assignment is fraudulent, and represents a fraud upon the Court. 14.That there is no supporting documentation stating or verifying when, where and how the assignment was acquired, and by what or whose authority the assignment was executed. a. There is no record of any kind that shows when Freddie Mac, the current owner of the mortgage, signed the note and mortgage over to anyone or any entity. 3

15. That a previously filed ASSIGNMENT OF MORTGAGE for the property mentioned above, dated January 8, 2008 is also fraudulent.(attached as exhibit ‘B’) a. This was also a MERS assignment. b. The same criteria that applied to the assignment dated May 5, 2011 applies to this assignment. Bank of America, N.A., is not the holder of the note or mortgage to the Debtors property, as the ASSIGNMENT OF MORTGAGE attached to the Proof Of Claim would suggest. Bank of America, N.A. is not the lender of the money provided to Debtors for their mortgage. The Proof Of Claim states that Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, is the entity to whom Debtor owes money or property. None of this is true. Except for the fraudulent documentation submitted for Bank of America, N.A., by and through its attorney, there is not a shred of evidence supporting the premise that Bank of America has the standing to execute this Proof Of Claim. In addition, Bank of America used this same fraudulent information, as well as additional inadequate information, including an invalid Supplemental Affidavit in Support of Summary Judgment(attached as exhibit ‘D’), to obtain a Summary Judgment for foreclosure against Debtors. WHEREFORE, Debtors pray that this Honorable Court would sustain Debtors objection, and in addition, vacate the fraudulent summary judgment obtained by Countrywide Home Loans, Inc., now owned by Bank of America, N.A., with prejudice, or in the alternative, order an evidentiary hearing on this matter.

_____________________________________ ANTHONY JEROME VALENTINE, pro se

_____________________________________ BERNIDINE VALENTINE, pro se

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CERTIFICATE OF SERVICE We hereby certify that a true and correct copy of the foregoing with attachments has been served by standard first class mail this 15th day of May 2012 to: Kevin A. Comer, Law Offices of Daniel C. Consuegra, P.L., 9204 King Palm Drive, Tampa, Florida 33619.

_____________________________________ ANTHONY JEROME VALENTINE, pro se _____________________________________ BERNIDINE VALENTINE, pro se

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