Illegal Foreclosure Affidavit Details

This is part of an affidavit for an illegal foreclosure in Massachusetts. Please enhance the following; My partial eviction on October * and *, *, was based on an expired “Execution for Possession” the plain language stated it was valid until October *, *, the 90th day being October *, *, as the execution was granted on July *, *. The Hampden County Sheriff's Department, the debt collector, along with the WHC are well aware of the well-established Massachusetts Law of a *-day limit for execution. All three ignored the law as they claimed they had the discretion not to count the first day. (See pp. *-*)

Please enhance; In Massachusetts there is no such thing as a partial eviction, it is either satisfied or not satisfied. I returned to my home on November *, *. On October *, *, I received an automatic bankruptcy stay with my chapter * filing. Schedule D, part one, lists Bank of New York Mellon as a creditor. (See pp. *-*) It does not have a date or an amount that is owed to them. It also states that any amount would be disputed while the origin of any debt would come from a judgment lien lawsuit. This aspect has never been challenged. The debt collector never submitted any perfected evidence to authenticate their allegation.

*. Please enhance; Bankruptcy law requires certainty on who owns a claim or who can enforce it, Veal, * B.R. at *-*. As set down in the bankruptcy code and * U.S.C. * (a) provides, “creditors” can make a claim in a debtor’s bankruptcy. Rule * (c) (*) states the same rule. Rule * (c) (*) requires a “creditor” to file a proof of claim when the claim is disputed, contingent or unliquidated, as here. If the creditor fails to present a proof of claim, it may lose the right to collect on that claim, or at least on that portion of the claim unsecured by a lien on real property, HSBC Bank USA, N.A. v. Blendheim, (In re Blendheim), * F.3d *, *-* (9th Cir. *).

Please enhance; On December *, *, the bankruptcy court allowed relief from the automatic stay without the debt collector ever submitting a timely “proof of claim” or any perfected evidence that the debt collector became a holder of my promissory note. In bankruptcy court, “Proof of Claim” is required within 70 days after Chapter * filing on October *, *, for all secured creditors to receive relief pursuant to rule * (c), which was never filed.

Please enhance; Rules of constitutional standing, bankruptcy courts are federal courts, after all, require that a party is not an “creditor” entitled to collect on a “claim” unless it proves it owns the claim. Veal, * B.R. at *-*. “Filings of bankruptcy petitions are a matter of exclusive federal jurisdiction. State courts are not authorized to determine whether a person's claim for relief under a federal law, in a federal court, and within that court's exclusive jurisdiction, is an appropriate one”, No. *-* United States Court of Appeals, Ninth Circuit MSR Exploration, Ltd. v. Meridian Oil, Inc. * F.3d * (9th Cir. *) Decided Jan *, *.

Please enhance; One Firm Worldwide elaborates on a 10th Circuit Bankruptcy Panel’s ruling that emphasizes that the bankruptcy courts have exclusive jurisdiction to determine whether claims are estate properties. In Hafen v. Adams (In re Hafen), * B.R. * (B.A.P. 10th Cir. *), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors' bankruptcy estate. Consequently, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had "standing" to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between "bankruptcy standing" and "constitutional standing" to sue in federal courts.

Please enhance; Due Process This affidavit is also made pursuant to Massachusetts General Laws Section UCC *-*(b), which requires a secured party to release an account debtor from further obligations upon receiving an authenticated demand from the debtor. In the Western Housing Court (WHC), I was denied procedural due process before the initiation of the summary judgment as my request for documents was never fulfilled, there was not a negotiated instrument presented, or validation of debt. Prior to initiating foreclosure proceedings, the court had a fundamental obligation to determine if the party presenting a claim had evidence of injury, which was and is still lacking in this case.

Please enhance; In the WHC, a non-party to my contract processed a complaint without attaching an authenticated perfected affidavit to support an assignment of my property, which violated King’s civil rights. Bank of New York Mellon as Trustee was, at most, an unsecured creditor with no right to enforce anything. Attorneys representing unexecuted securitized trusts failed to provide proof of their claims, who they represented or evidence that the securitized trust was in good standing and had legally fulfilled all requirements and has yet to present and executed Pooling and Servicing Agreement (PSA).

Please enhance; Violations of * USC * and * by agents of Bank of New York Mellon as trustee occurred, as they deprived me of my rights protected by the constitution and laws of the United States, including presenting faults and unauthenticated documents to the courts.

Please enhance; The plaintiff never provided evidence of foreclosing on the promissory note, making any actions inadmissible under state law. In attorney Fumarola’s affidavit in the summary judgment, he claimed that three undated fabricated allonges were purportedly affixed to the note that were purportedly assigned to Countrywide Bank and Countrywide Home Loans, as they were fraudulently glued to the adjustable-rate note, which was another deception. These fabrications were allegedly signed by Michelle Sjolander, who was deposed for her part in numerous robo-signings, including cases with Bank of New York Mellon. Bank of America Home Loans, and Countrywide, all three have been participating in a scheme to take possession of my home. (See pp. *-*)

Please enhance; King was aware of UCC *-* which states that all allonges had to be permanently affixed to the promissory note for the endorsement to be valid. The official Adjustable-Rate Rider from the Hampden County Registry of Deeds (HCRD) that was presented in the Summary Judgment (SJ), that was submitted to the Western Housing Court and the Supreme Judicial Court, in the final pages of Exhibit A. (See pp. *-*). The fictitious document called Adjustable-Rate Note, exclusive to Exhibit I, (See pp. *-*), has omitted book and page numbers, has omitted **** King Jr.’s initials, his signature, but has the identical Terri Mayes-King’s signature found in the HCRD and it has the robo-signed fake allonges permanently attached to this altered document.

Please enhance; In the affidavit of the claimant’s Attorney, Carl Fumarola, in the SJ he stated: “Exhibit I to Plaintiff’s brief contains a true and accurate copy of the Note that defendant Terri Mayes-King executed with original lender Community Lending Incorporated on August *, *, in the original principal amount of $* million.” (See p. *) He omits the second mortgage and the Note turns out to be the altered Adjustable-Rate Note that was utilized in a deceitfully attempt to convey an attached permanently affixed purported allonges, one of which had the signature of Nationally Known for robo-signing, Michelle Sjolander. (See p. *)

Please enhance; Debt collectors also knew they did not have a right to enforce Mr. King's Promissory Note with only having an unauthenticated assignment of mortgage. In Adam vs Madison Realty, from the Third Circuit, July *, *, it was ruled that an assignee must prove he owns and controls the promissory note. “An endorsement must be written by or on behalf of the holder and on the instrument or on a paper so firmly attached thereto as to become a part thereof.” Allonges that are not dated and permanently affixed to the note cannot pass holders right or status to anyone.

In the same SJ affidavit, Exhibit J, but was referred to as Exhibit H, attorney Fumarola gives the barcode and tracking number for the required mandatory document, * Day Right to Cure, to be sent to **** King and Terri Mayes King at * Memery Lane, Longmeadow MA *. (See p. *) In Exhibit H, the actual delivery was somewhere in East Longmeadow MA. (See p. *) The barcode number, along with the address, does not match where the document was actually delivered. (* * * * * *) Ironically, the 90 day right to cure confirms that the note was in default when it was assigned to BNYMT on December *, *.

Please enhance; Even with an alleged assignment of the mortgage by MERS, that announced nationally in Reuters News as of July *, *, that they would no longer be responsible for any assignments, not to mention court cases in which it was established that MERS could only act on behalf of the original lender who no longer existed. But even if they had the nonexistent assignment of the King's property, without having the possession of the, yet to be seen, Promissory Note along with authenticated evidence of how they obtain it, they did not have holders’ rights and were not entitled to any payments.

Please enhance; My loan exhibited predatory characteristics, which the WHC failed to address in violation of Massachusetts Supreme Court directives as a result of the HSBC v. Morris decision July *, *. *Proper endorsements and assignments were not made to transfer the Note and Mortgage in the Pooling and Servicing Agreement, to the Bank of New York Mellon as Trustee. There was not any perfected evidence presented verifying that the Promissory note was ever assigned or transferred by the original lender, ComUnity Lending, Inc.

yes,Please enhance; Bank of America purchased only servicing rights from Countrywide, not the right to sell or transfer rights from Countrywide Home Loans Inc. Far more important is the fact that there is not any evidence that Countrywide was ever a holder of the note. The Note and Mortgage were not transferred to the Bank of New York according to the Trust Agreement and REMIC provisions, rendering the late transfer void under New York Estates, Powers, and Trusts Law. MA *-* states that an unauthenticated signature on the instrument is not adm

Please enhance; (EX-*.* * dex992.htm SETTLEMENT AGREEMENT) Bank of New York Mellon's Trustee’s lawsuit against Bank of America and Countrywide for predatory origination practices of Countrywide is noted in the New York Supreme Court Agreement in which they were awarded $*.* billion. It also listed * securitized trusts which included mine, CWALT *- J7, which were negatively directly affected. Now I am being victimized again in an elaborate scheme, by the same debt buyer/debt collector, which bought charged off and distress debt, then proceeded into the courts falsifying that they had secured claims, in order to deceitfully foreclose on my home. (See p. *-*)

Please enhance; None of the courts have dealt with the initial predatory characteristics implemented by original refinance lender, CLI, which had its registration in Massachusetts removed on December *, *, followed up with filing liquidating bankruptcy January *, *, which included *, doing business as, dba(s), for their loan initiation action. More important is the fact that there were not any authenticated records of any sales or transfers to any entity.

Please enhance; Mandatory documents including the business collateral records, the promissory note, the proof of claim, the requested documents from the interrogatories, the requested documents from the Qualified Written Request, along with perfected authentication of their allegations have not been provided by the debt collector, BNYMT, to any of the previous courts. The malicious prosecution of Mr. King, depriving him of his due process procedure by implementing state and federal violations of his Constitutional Rights, warrants a federal investigation.

Please enhance; In Fumarola’s affidavit that he presented to the SJC and the WHC, an invalid modification implemented by a party with no recorded interest in the loan. Attorney David Marsocci presented a purported assignment of the mortgage by MERS to BNYMT in * although MERS had announced publicly, in Reuters News. as of July *, *, they would not be affiliated with any assignments.

Please enhance; In Fumarola’s affidavit presented to the SJC and the WHC, an invalid modification was implemented by a party with no recorded interest in the loan which ultimately established a time-barred status as of December *, *. He also falsified documents in an attempt to convey possession of the promissory note. Attorney David Marsocci presented a purported assignment of the mortgage by MERS to BNYMT in *, despite MERS publicly announcing on July *, *, via Reuters News, that they would no longer be involved in any assignments. Debt collectors pretending to be creditors filed a claim on a time-barred note without possessing a properly assigned mortgage contract or a valid endorsed promissory note.

*. Please enhance; These are core issues of the UCC which the debt collectors refused to address by claiming that they were already litigated when in fact they were not. These violations and misrepresentations have been allowed to become a part of the record without being challenged by the Persons that have taken an oath to provide “Justice for All.”

Please verify and enhance; I bear witness to fraud upon the court pursuant to Rule *(b)(*) and seek relief from the Judgment Order pursuant to Rule *. I also bear witness to lack of jurisdiction pursuant to *)(b)(*)

yes, If a trust has a closing date of October * * can a note be placed into that trust 11 years later?

Please enhance; MERS Fictitious Assignment of Mortgage An assignment of my mortgage, that was in default, was introduced as evidence in the Western Housing Court and Supreme Judicial Court, claiming that MERS, a third party, who was solely the nominee for CLI, who did not have any authorization, had assigned my property to BNYMT December *, *. My mortgage states that “MERS is a separate corporation acting solely as a nominee for the lender and lender's successors and assigns.” (See p. *) This assignment occurred 9 years after the original refinance lender, CLI, declared liquidating bankruptcy January *, *. There is not any record of CLI selling, transferring, or assigning the mortgage contract prior to filing liquidating bankruptcy. (See pp. *-*)

Yes; What is the real estate disclosure law in Massachusetts requiring an affidavit from an attorney when registering property and to ensure the accuracy and legitimacy? Is there a special law when a securitized trust is involved?

yes , When a warehouser without a license from Massachusetts licensure and without a state approved facility is utilized to physically evict a party, including his passport, what laws are being violated?

yes, more detail please