Redacted Sequester the Note - Douglas Riddle AFV

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Redacted Sequester the Note - Douglas Riddle AFV Powered By Docstoc
					 1   Your Name Here, pro per
     12345 E. Whatever Dr.
 2   Scottsdale, Arizona 85000
     (602) 000-0000
 3   <jyouremail@email.com>
 4              IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
 5
                      IN AND FOR THE COUNTY OF MARICOPA

 6   Your Name Here, pro per         ) Case no:
                                    Plaintiff,
 7         Vs.                       )
                                     )
 8   BANK OF AMERICA, N.A.,          )       REPLEVIN IN DETINET
 9   BAC HOME LOANS SERVICING, )
     LP,                             )       PLAINTIFF’S MOTION,
10                                   )
     RECON TRUST COMPANY, N.A.,           “in the nature of a writ of right,”
11                                   )
     HOMECOMINGS FINANCIAL,          )          TO SEQUESTER
12   LLC (F/K/A HOMECOMINGS          )
     FINANCIAL NETWORK, INC.),            THE GENUINE ORIGINAL
13                                   )
     COUNTRYWIDE HOME LOANS, )           ADJUSTABLE RATE NOTE
14   INC.,                           )
                                        UNTIL FINAL ADJUDICATION
15   MORTGAGE ELECTRONIC             )
     REGISTRATION SYSTEMS, INC., )              OF THIS MATTER
16                                   )
     JOHN DOES (Investors) 1-10,000,
17                                   )
     BLACK AND WHITE                 ) Assigned to Honorable
18   CORPORATIONS 1-100,             )
19   JANE DOES 1-100,
20   JOHN DOES 1-100,
21   et al.,
                                 Defendants.
22
23
               COMES NOW, Your Name Here, pro per, Plaintiff “Your Name Here”, for
24
     this Replevin in Detinet to have this Court Sequester the Genuine Original
25
     ADJUSTABLE RATE NOTE that Homecomings Financial, LLC [f/k/a/
26
     Homecomings Financial Network, Inc.] (“Homecomings”) acquired in a currency
27
     exchange with Your Name Here for the real property.
28
 1         Your Name Here Moves this Court to order, in the nature of a writ of right,
 2   that the Genuine Original ADJUSTABLE RATE NOTE be sequestered and held by
 3   this Court until such time as this Court adjudicates this matter; and if this Court
 4   rules in favor of Defendants, thus allowing Defendants to foreclose on Your Name
 5   Here‟s real property, then said Genuine Original ADJUSTABLE RATE NOTE
 6   shall be cancelled and returned to Your Name Here or held by this Court; and if this
 7   Court rules in favor of Your Name Here then this Court shall return the Genuine
 8   Original ADJUSTABLE RATE NOTE to Defendants.
 9         Defendant Bank of America, N.A. is attempting to confiscate Your Name
10   Here‟s real property through a fraudulent non-judicial foreclosure procedure based
11   on the felonious acts of filing numerous false and/or forged documents in an
12   Arizona public office by Defendants.
13         If Bank of America, N.A. is successful in the foreclosure proceedings against
14   Your Name Here, Bank of America, N.A.‟s use of felonious acts notwithstanding,
15   then Bank of America, N.A. has voluntarily relinquished all rights to possession of
16   the Genuine Original ADJUSTABLE RATE NOTE.
17                See: JAMES F. JOHNSTON and SANDRA JOHNSTON, Appellants,
                  v. JEANNE HUDLETT, Appellee. No. 4D08-4636 [March 31, 2010]
18                DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA,
                  FOURTH DISTRICT, January Term 2010 “Moreover, in the case of
19                original mortgages and Promissory notes, they are not merely exhibits
                  but instruments which must be surrendered prior to the issuance of a
20                judgment. The judgment takes the place of the Promissory note.
                  Surrendering the note is essential so that it cannot thereafter be
21                negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726
                  (Fla. 5th DCA 2004). The judgment cancels the note.”
22
23
           This Motion is supported by the laws and Constitution of Arizona, the prior
24
     rulings of courts, the docket of this case, each of which are incorporated by this
25
     reference as if fully set forth, and for each of which Your Name Here asks this
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     Court to take judicial notice thereof. This Motion is further supported the
27
     accompanying Memorandum of Points and Authorities.
28
                                                2
 1                 MEMORANDUM OF POINTS AND AUTHORITIES
 2            1.    Your Name Here has filed this Replevin in Detinet contemporaneously
 3   with Your Name Here‟s Complaint as an action to invoke Your Name Here‟s Rights
 4   protected pursuant to Arizona Law and Arizona‟s Constitution, especially Your
 5   Name Here‟s Due Process of Law and Property Rights.
 6            2.    Your Name Here states her right to claim pursuant to, inter alia, A.R.S.
 7   § 33-807(B) that Bank of America, N.A. may not sell Your Name Here‟s real
 8   property until this action is concluded. The sale of Your Name Here‟s real property
 9   is relative to the transfer of the Genuine Original ADJUSTABLE RATE NOTE,
10   which is currently pendente lite and therefor Bank of America, N.A. may be justly
11   barred from selling Your Name Here‟s real property until all matters concerning the
12   Genuine Original ADJUSTABLE RATE NOTE are settled and/or dismissed by this
13   Court.
14            4.    Your Name Here has the substantial right to have this Court sequester
15   the Genuine Original ADJUSTABLE RATE NOTE until Bank of America, N.A. is
16   allowed to foreclose on Your Name Here‟s real Property; notwithstanding said
17   foreclosure being lawful or not.
18            5.    In fact, this Court should sequester the Genuine Original
19   ADJUSTABLE RATE NOTE as the Genuine Original ADJUSTABLE RATE
20   NOTE is a pertinent issue in this case and any adjudication of this matter may be
21   unenforceable and/or invalid if the Genuine Original ADJUSTABLE RATE NOTE
22   is somehow destroyed, transferred and/or lost.
23            6.    It is incumbent on this Court to protect the interests of all parties and
24   said interest is reliant on the Genuine Original ADJUSTABLE RATE NOTE being
25   in good condition and not altered in any way by any party during this case.
26            7.    Pursuant to Perry v. Fairbanks, Id., this Court may be required to
27   immediately cancel and hold said Genuine Original ADJUSTABLE RATE NOTE if
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                                                  3
 1   the foreclosure does proceed in accordance with any possible future ruling of this
 2   Court.
 3            8.    Sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
 4   in no way similar to any so called “show me the note” theories as espoused on the
 5   internet as Plaintiff is not requesting to “see” the Genuine Original ADJUSTABLE
 6   RATE NOTE, Plaintiff is ONLY requesting that this Court protect Plaintiff‟s due
 7   process of law rights to have the property of interest in this matter be protected by
 8   this Court.
 9            9.    Your Name Here states on and for this Court‟s record that Your Name
10   Here is in fact the TRUE OWNER of the real property in question, and that any
11   claim of legal ownership by any party is unsubstantiated; and substantiation
12   notwithstanding, TRUE OWNERSHIP is a higher Right than legal ownership in
13   ALL matters pursuant to Keech v. Stanford 1726, which has never been abrogated
14   and/or abolished and/or altered by any court in this nation.
15            10.   Your Name Here also invokes Your Name Here‟s right to replevin
16   action pursuant to, inter alia, A.R.S. §§ 47-2711(2)(b); and 2716(3).
17            11.   The lawfulness and or fraudulent nature of the non-judicial foreclosure
18   proceeding withstanding or notwithstanding; once Bank of America, N.A. attempts
19   to take possession of the real property in question, Bank of America, N.A. may be
20   required by the laws of Arizona, especially and specifically, inter alia, A.R.S. § 47-
21   3501, and others, to return the Genuine Original ADJUSTABLE RATE NOTE
22   relating to the real property to Your Name Here immediately after the foreclosure or
23   the foreclosure may not be considered lawfully consummated.
24            12.   Accordingly, Your Name Here hereby moves this Court to sequester
25   the Genuine Original ADJUSTABLE RATE NOTE until this case is adjudicated;
26   and after said adjudication return and/or cancel the Genuine Original
27   ADJUSTABLE RATE NOTE pursuant to this Court‟s decision.
28
                                                4
 1         13.    Your Name Here‟s fear that the Genuine Original ADJUSTABLE
 2   RATE NOTE may be somehow transferred and/or sold and/or otherwise held by an
 3   improper party are sufficient grounds for her request for sequestration as Your
 4   Name Here has provided sufficient evidence to this Court that Defendants, jointly
 5   and/or separately, alter, falsify and/or forge documents and record such documents
 6   into a public office.
 7         14.    Sequestration of the Genuine Original ADJUSTABLE RATE NOTE in
 8   no way harm‟s any Defendant.
 9         15.    The ONLY possible harm that may come to Defendants from this
10   Court‟s ruling to sequester the Genuine Original ADJUSTABLE RATE NOTE is if
11   the Defendants are not in possession of the Genuine Original ADJUSTABLE RATE
12   NOTE and therefore cannot avail the Genuine Original ADJUSTABLE RATE
13   NOTE for sequestration.
14         16.    The possibility of harm to Your Name Here for refusal of this Court to
15   order the sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
16   immeasurable.
17         17.    Your Name Here may be unlawfully sued by a future party that
18   somehow garners possession of the Genuine Original ADJUSTABLE RATE NOTE
19   through lawful and/or unlawful means.
20         18.    Your Name Here may be forced to again pay for the Genuine Original
21   ADJUSTABLE RATE NOTE if another party claims to be in possession of the
22   Genuine Original ADJUSTABLE RATE NOTE.
23         19.    Accordingly, Your Name Here also moves this Court to sequester all
24   copies, certified or not, of the Genuine Original ADJUSTABLE RATE NOTE in
25   this action.
            20. Factual events pertaining to this matter:
26
                  a.     Homecomings traded Your Name Here the real property for the
27
                  Genuine Original ADJUSTABLE RATE NOTE.
28
                                              5
 1   b.      Bank of America, N.A. is attempting to take possession of the
 2   real property from Your Name Here pursuant to rights Bank of
 3   America, N.A. claims they acquired when they purportedly acquired
 4   the Genuine Original ADJUSTABLE RATE NOTE;
 5   c.      If successful, Bank of America, N.A. MUST by law then cancel
 6   the Genuine Original ADJUSTABLE RATE NOTE and relinquish
 7   possession of such to this Court.
 8   d.      Bank of America, N.A. cannot by law be allowed to be in
 9   possession of both the real property and the Genuine Original
10   ADJUSTABLE RATE NOTE, such is also inclusive of all copies,
11   certified or not, of the Genuine Original ADJUSTABLE RATE NOTE;
12   e.      Your Name Here cannot by law be stripped of all rights and
13   possession of the real property while the Genuine Original
14   ADJUSTABLE RATE NOTE is in the possession of Bank of America,
15   N.A.;
16   f.      The law of equity requires that neither party have both the
17   Genuine Original ADJUSTABLE RATE NOTE and the real property;
18   g.      As stated in Your Name Here‟s Complaint filed
19   contemporaneously with this motion, many of the Defendants filed
20   false and/or forged documents in a public office in Arizona, each filing
21   being a felony under Arizona law;
22   h.      The foreclosure of the real property is not fully „completed‟ nor
23   „perfected‟ nor consummated in accordance with Arizona law until
24   such time as the Genuine Original ADJUSTABLE RATE NOTE is
25   cancelled by this Court.
26   i.      Defendants and/or other parties may currently be in unlawful
27   possession of the Genuine Original ADJUSTABLE RATE NOTE and
28   copies thereof, certified or not;
                                   6
 1                j.     Your Name Here is currently in possession of the real property
 2                as the True owner, which is one aspect in relation to Homecomings and
 3                Your Name Here‟s currency transaction;
 4                k.     There is no basis in law for either party in a “currency exchange”
 5                and/or other transaction to achieve possession of all items in the
 6                transaction even after default of a party;
 7                m.     There is no factual evidence that Your Name Here ever defaulted
 8                on Homecomings, their successor or assigns, and Your Name Here‟s
 9                transaction.
10         For the foregoing reasons and in the interest of justice and equity, Your
11   Name Here moves this Court to sequester the Genuine Original ADJUSTABLE
12   RATE NOTE and all copies thereof until final adjudication of this mater.
13                               VERIFIED STATEMENT
14         The undersigned Plaintiff, Your Name Here, pro per, a woman, and a
15   civilian, hereinafter “Plaintiff”, does solemnly declare and state as follows:
16         1.     Plaintiff is competent to state the matters set forth herein.
17         2.     Plaintiff has knowledge of the facts stated herein.
18         3.     All the facts herein are true, correct and complete, not misleading, to
19   the best of Plaintiffs knowledge and belief, and admissible as evidence, and if called
20   upon as a witness, Plaintiff will testify to their veracity.
21
22         DATED: the 27th day of September, in the year of Our Lord, 2010
23
24
                                           BY: ____________________________, agent
25
                                                     Your Name Here, pro per
26                                       Signed reserving all my rights at A.R.S. § 47-1308
27
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                                                 7
 1                       CERTIFICATE OF SERVICE

 2
          ORIGINAL and ONE COPY delivered to THE SUPERIOR COURT OF
 3   THE STATE OF ARIZONA COUNTY OF MARICOPA, this 27th day of September, 2010.
 4
            I HEREBY CERTIFY that a true and correct copy of the above REPLEVIN has been
 5   furnished by certified U.S. Mail on this 27th day of September, 2010 to:

 6   Certified mail return receipt #
      BANK OF AMERICA, N.A.
 7   c/o C T CORPORATION SYSTEM
     2394 EAST CAMELBACK ROAD
 8
     PHOENIX, AZ 85016
 9
     Certified mail return receipt #
10    BAC HOME LOANS SERVICING, LP
     c/o C T CORPORATION SYSTEM
11   2394 EAST CAMELBACK ROAD
     PHOENIX, AZ 85016
12
13   Certified mail return receipt #
     RECON TRUST COMPANY, N.A.,
14   a wholly-owned subsidiary of BANK OF AMERICA, N.A.
     2380 PERFORMANCE DR.
15   RICHARDSON, TX 75082
16
     Certified mail return receipt #
17   COUNTRYWIDE HOME LOANS, INC.
     c/o C T CORPORATION SYSTEM
18   2394 EAST CAMELBACK ROAD
     PHOENIX, AZ 85016
19
20   Certified mail return receipt #
     MORTGAGE ELECTRONIC REGISTRATION
21   SYSTEMS, INC.
     1818 LIBRARY STREET SUITE 300
22   RESTON, VA 20190
23   Certified mail return receipt #
24   HOMECOMINGS FINANCIAL, LLC
     (f/k/a/ HOMECOMINGS FINANCIAL NETWORK, INC.)
25   2338 W. ROYAL PALM ROAD SUITE J
     PHOENIX, AZ 85021
26
                                                BY: ____________________________, agent
27
                                                         Your Name Here, pro per
28                                            Signed reserving all my rights at A.R.S. § 47-1308
                                               8