Docstoc

REDACTED Cantrell affidavit

Document Sample
REDACTED Cantrell affidavit Powered By Docstoc
					 1
                       AFFIDAVIT OF CYNTHIA J. CANTRELL
 2

 3
      STATE OF ARIZONA                )
 4
                                      )      ss.
 5
      County of MARICOPA              )
 6

 7
           I, Cynthia J. Cantrell, being first duly sworn, deposes and states as follows:
 8
     1.    I am over the age of eighteen years and qualified to make this affidavit. I am
 9
     a resident of the State of Arizona and make this Affidavit based on my own
10
     personal knowledge.
11
     2.    I have been employed in the real estate industry for over six years and have
12

13
     been involved in well over two-hundred real estate transactions.

14
     3.    I am a licensed real estate broker in Arizona.

15
     4.    I had my real estate license in Ohio when I was 21 years old.

16   5.    I have been a real estate investor since 1997.
17   6.    I have knowledge and experience in the banking industry.
18   7.    I am a Certified Title Abstractor.
19   8.    I recently applied to the Arizona Secretary of State to obtain my Notary
20   Public commission and am a member of the American Association of Notaries. I
21   have studied the laws regarding Notaries Public that apply in this matter, and am
22   able to render an opinion based on such.
23   9.    I have personal knowledge and experience to render opinions on the topics
24   of broken chain of title, notary fraud, Holder in Due Course, Creditor, and
25   wrongful foreclosure.
26   10.   I have studied numerous cases where fraud occurred resulting in a fraudulent
27
     foreclosure.
28


                                Affidavit of Cynthia Cantrell ● Page 1
 1
     11.   I have reviewed the documents provided by John Doe and Jane Doe (“the
 2
     Does”) as to the Doe’s home which is the subject of a foreclosure, and have
 3
     conducted a preliminary examination of the following documents: Mortgage dated
 4
     August 24, 2004, Sheriff’s Deed on Mortgage Sale, Affidavit of Publication,
 5
     Evidence of Sale, Affidavit of Purchaser, Default letter dated May 4, 2009,
 6
     Forensic Examination by Charles J. Horner and Associates dated July 20, 2010,
 7
     HUD 1, Adjustable Rate Note dated August 24, 2004 and a Title Search by
 8
     TitleSearch.com.
 9
     12.    I express the following opinions that are offered within a reasonable degree
10
     of factual certainty and financial probability based upon my review of numerous
11
     cases specifically in Arizona, my review of numerous cases with the same or
12

13
     similar language in the Deeds of Trust, Mortgages, and Notes as in the present

14
     case, my knowledge in relation to other similar cases with which I am personally

15
     familiar and the contents of the documents referred to above.

16         a.    The Mortgage is dated August 24, 2004. (Newaygo County recorded
17               document # ????????????)
18         b.    Pursuant the Mortgage document, Centex Home Equity Company,
19               LLC acted as Lender.
20         c.    I have reviewed the Affidavit of Publication in which Trott & Trott
21               P.C. Attorneys for the Servicer claimed “This firm is a debt collector
22               attempting to collect a debt.”
23         d.    I have reviewed the Evidence of Sale in which Trott & Trott P.C.
24               Attorneys for the Servicer claimed “This firm is a debt collector
25               attempting to collect a debt.”
26         e.    I have reviewed the Default Letter dated May 4, 2009 which states,
27
                 “This firm has been authorized by the Servicer (Nationstar Mortgage
28
                 LLC) and the Creditor…”
                                Affidavit of Cynthia Cantrell ● Page 2
 1
           f.     On or about June 3, 2006, Centex Home Equity Company, LLC
 2
                  changed its name to Nationstar Mortgage LLC.
 3
           g.     I have reviewed the Forensic Examination by Charles J. Horner and
 4
                  Associates (“Horner”) dated July 20, 2010.
 5
     13.   Pursuant to Horner’s investigation, Centex Home Equity Company, LLC
 6
     deposited the Promissory Note into a securitization Trust, Centex Home Equity
 7
     Loan Trust 2004-A.      Pursuant to Horner’s investigation of the Pooling and
 8
     Servicing Agreement, J.P. Morgan Chase as Trustee for the asset backed securities
 9
     was the true holder of the Note. Therefore, as only the seller/servicer, Nationstar
10
     Mortgage, LLC f/k/a Centex Home Equity Company, LLC was not the Holder in
11
     Due Course of the Note, and therefore, had no standing in which to effectuate
12

13
     foreclosure of the Doe’s real property.

14
     14.   In addition, my review of the Newaygo County records did not produce an

15
     assignment to J.P. Morgan Chase, nor to Centex Home Equity Loan Trust 2004-A

16   as would be required.
17   15.   In addition, this constitutes a separation of the Note from the Mortgage.
18   Pursuant to Carpenter v. Longan, once the Note is no longer with the Mortgage,
19   the Mortgage is invalid and unenforceable.
20   16.   After reviewing the Mortgage and Promissory Note dated August 24, 2004, I
21   have found no evidence that the Doe’s were ever lent the sum of $172,000.00 by
22   Centex Home Equity Company, LLC.
23   17.   I have not been able to discover any facts in any document supplied to me
24   that purports to prove that Nationstar Mortgage, LLC f/k/a Centex Home Equity
25   Company, LLC is either the TRUE CREDITOR and/or the TRUE HOLDER IN
26   DUE COURSE in this matter.
27
     18.   Pursuant to the documents I have been asked to examine, it appears that
28
     Nationstar Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC may at most
                                 Affidavit of Cynthia Cantrell ● Page 3
 1
     be the Servicer, and as such, has foreclosed on real property that they were never
 2
     able to establish they were the Real Party in Interest to.
 3
     19.   It is of paramount importance that the TRUE CREDITOR and/or the TRUE
 4
     HOLDER IN DUE COURSE in this matter be established with incontrovertible
 5
     evidence, or it is very possible that the TRUE CREDITOR and/or the TRUE
 6
     HOLDER IN DUE COURSE is not the party that has foreclosed. Furthermore, the
 7
     TRUE CREDITOR and/or the TRUE HOLDER IN DUE COURSE may
 8
     eventually come forward and attempt to lawfully foreclose on the real property
 9
     thereby leaving the Doe’s in an indefensible position.
10
     20.   Such error has most likely caused the Doe’s to have unlawfully lost their real
11
     property due to fraud committed on the court by an unauthorized party to the
12

13
     foreclosure.

14
     21.   This error may cause the Doe’s to be vested with an “impossible task” of

15
     defending against a lawful foreclosure by the TRUE CREDITOR and/or the TRUE

16   HOLDER IN DUE COURSE should such come forward and attempt to foreclose
17   on the real property previously stolen from the Doe’s by entities falsely claiming to
18   be the TRUE CREDITOR and/or the TRUE HOLDER IN DUE COURSE.
19   22.   It is known in law that parties falsely claiming to be the TRUE CREDITOR
20   and/or the TRUE HOLDER IN DUE COURSE in a civil court to wrongfully
21   convert real property may be charged criminally for said false claims.
22   23.   I have discovered that Nationstar Mortgage, LLC f/k/a/ Centex Home Equity
23   Company, LLC counsel has claimed to be “a debt collector attempting to collect a
24   debt” in a letter sent by Nationstar Mortgage, LLC f/k/a/ Centex Home Equity
25   Company, LLC’s counsel to the Doe’s. Such a claim outside of court has created a
26   peculiar situation in this Court that I cannot verify or deny pursuant to the
27
     documents I have received.
28


                                  Affidavit of Cynthia Cantrell ● Page 4
 1
     24.   If Nationstar Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC’s
 2
     counsel is “a debt collector attempting to collect a debt” it appears they are then
 3
     claiming to be both a debt collector and Nationstar Mortgage, LLC f/k/a/ Centex
 4
     Home Equity Company, LLC’s counsel in the same matter. At issue is the claims
 5
     are by law mutually exclusive.
 6
     25.   I have discovered nothing in law that allows an attorney to claim to be a debt
 7
     collector for the TRUE CREDITOR and/or the TRUE HOLDER IN DUE
 8
     COURSE outside the court and then come into court and refuse to state on and for
 9
     the record their same client is the TRUE CREDITOR and/or the TRUE HOLDER
10
     IN DUE COURSE.
11
     26.   It appears that Nationstar Mortgage, LLC f/k/a/ Centex Home Equity
12

13
     Company, LLC’s counsel either lied to the Doe’s in the letter stating they are “a

14
     debt collector attempting to collect a debt” or Nationstar Mortgage, LLC f/k/a/

15
     Centex Home Equity Company, LLC’s counsel is lying to this court. This conduct

16   is known in law as “perjury by inconsistent statements” and is actionable in most
17   states as a felony.
18   27.   The criminal aspects of inconsistent statements by Nationstar Mortgage,
19   LLC f/k/a/ Centex Home Equity Company, LLC’s counsel notwithstanding, it is
20   my belief pursuant to the documents supplied to me, that this Court may need to
21   conduct a ratification of commencement before proceeding to establish who the
22   Real Party in Interest was in the foreclosure matter.
23   28.   If Nationstar Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC’s
24   counsel is claiming to be collecting a debt for a CREDITOR, yet Nationstar
25   Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC’s counsel will not
26   claim that Nationstar Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC is
27
     the TRUE CREDITOR and/or the TRUE HOLDER IN DUE COURSE, common
28
     sense may cause one to believe that perhaps Nationstar Mortgage, LLC f/k/a/
                                 Affidavit of Cynthia Cantrell ● Page 5
 1
     Centex Home Equity Company, LLC’s counsel may not truly be Nationstar
 2
     Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC’s counsel and is in
 3
     actuality a business partner with Nationstar Mortgage, LLC f/k/a/ Centex Home
 4
     Equity Company, LLC.
 5

 6
     CONCLUSION:
 7
            After, reviewing the documents provided to me by the Doe’s, it is my
 8
     opinion that a fraudulent foreclosure occurred of their real property, and therefore,
 9
     Nationstar Mortgage, LLC f/k/a/ Centex Home Equity Company, LLC and/or their
10
     counsel should reverse the foreclosure immediately and compensate the Doe’s for
11
     their damages.
12

13

14

15
           FURTHER AFFIANT SAYETH NAUGHT.

16

17                                                              _________________________
18                                                              Cynthia J. Cantrell
19   SWORN TO AND SUBSCRIBED before me, the undersigned notary public, this
20   ____day of August, 2010.
21                                                      _____________________________
22                                                              Notary Public
23   My commission expires:
24

25

26

27

28


                                 Affidavit of Cynthia Cantrell ● Page 6

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:32
posted:1/5/2011
language:English
pages:6