Deutsche Bank National Trust Company Indy Mac Bank INDX Mortgage Loan trust 2006-AR27

Deutsche Bank National Trust Company Indy Mac Bank INDX Mortgage Loan trust 2006-AR27.

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Deutsche Bank National Trust Company Indy Mac Bank INDX Mortgage Loan trust 2006-AR27

November 19, 2012

Deutsche Bank National Trust Company As Trustee of Indy Mac INDX
Mortgage Loan Trust 2005-AR27 Mortgage Pass-Through Certificates
One West Bank FSB C/o Aztec Foreclosure Corporation
3300 N. Central Ave, # 2200
Phoenix, AZ 85012,
Tel. (602) 222-5711 or
Tel. (886) 260 9285

Re: Deutsche Bank National Trust

Dear Counsel,

This correspondence outlines a substantive protest to the Notice of Default, filed on August 31, 2012. The delinquency appears to reference the original promissory note executed on August 24th 2005 in favor of E-Loans Inc., as sole lender and beneficiary.
The deed of trust was recorded on August 30th 2005 in favor of Mortgage Electronic Registration Systems, Inc., as Nominee for E- Loans Inc., as Beneficiary.

Aztec Foreclosure Corporation is a substituted trustee or acting agent for the beneficiary under the purported same Deed of Trust Dated August 24th 2005. The foreclosure Notice of Default and Election to Sell under Deed of Trust is for an amount in question that does not exist or has become void. The balance that is due is for an obligation owed by Indy Mac Bank as obligor to MersCorp as nominee. The nominee is acting as intended – as sole beneficiary -for the Federal Reserve’s Bank of New York.

Hence, the outstanding defaulted obligation of another is unfairly assessed against title as my own personal indebtedness. The originating mortgagee E Loans Inc. is a Third Party Originator or broker “TPO” under a table funding arrangement with Indy Mac Bank FSB. The Bank of New York delivered the “ABA” wire into settlement upon request by Indy Mac Bank FBO E Loans Inc. Member bank purchase and sale agreements program.
Under the Mers Corp. “table funding” platform, E Loans Inc. executed a blank endorsement “allonge” and corporate assignment endorsed in blank given with the original note and certified copy of the original Deed of Trust.
The note executed at signing for obligations securing the note holder and all cognizable successors and assigns.
The claims brought by Aztec are by its own admission through a counter party, foreign national bank as a defaulted bond. The obligation is for the bond issuers amount due under the securities registration for mortgage and asset backed “pass –through” Investment Certificates, Series 2005-AR27 under the pooling and serving agreement dated October 1, 2005

Accountants and forensics accounting auditors will point to MersCorp being used to preserve the integrity of the mortgage Deed of Trust, subsequent to having been liquidated into an investment Trust’s paid in capital account. The accountants will also demonstrate how a “triple set” of journal entries allows the present value of the mortgage “asset” to offset the ABA wires, “liability that eradicates or lifts the mortgage from title. Under generally accepted accounting principles FAS 140, codified SFAS 140-3 and recently amended ASC 320-10 the title emerged free and clear of all liens and held transferred unencumbered.
In subsequent events, my title to real property was liquidated into equitable shares valued at four shares per $1000 in property value. My understanding is that title was transferred and sold, leaving me with an installment agreement, reverse purchase and sale or land sale contract. The notice of default is therefore false misleading and materially altered to reflect a variety of claims.

These claims are not one in the same for obligations held under the neither original promissory note nor de-recognized mortgages deed of trust. The claims you bring are for the balance due by Indy Mac Bank successors One West Bank for FDIC member bank financing obtained in a registration of securities pledged into the Deutsche Bank National Trust Company under the Trustee for Indy Mac Bank INDX Mortgage Loan trust 2006-AR27 concerning certain asset backed securities. The amount due is for investment activities beyond the view of FDIC regulators and scope of the California deed of trust and states authority for a power of sale.

The outstanding amount is for compensating balances related to certain collateralized bonds that are held in default by bond holders. Your own instructions clearly state I must contact the INDX Mortgage Loan trust 2006-AR27 investment fund was formed from FDIC Bank lines of credit owed by an Indy Mac Bank subsidiary concerning certain asset backed securities obligating its banks directors to the Federal Reserve.
Recall, as of October 2008, the US Treasury has charged off and written down the amount used to record the present value of the mortgage. Please also note where the subject mortgage loan held in default conveniently purports a defaulted obligation and first lien against my title.

By your own admission you have forgiven the second deed of trust.I intend to show where the second mortgage was used to finance the rating agencies overcollateralization demands for registering the INDX Mortgage Loan Trust Series 2006-AR27.

In conclusion, note holder is substituted out for private placement bondholders for trust funds listed as INDX Mortgage Loan trust 2006-AR27. This is alleged solely for restoring lost shareholder value by an oppressive and materially impossible novation disguised as a foreclose claim. It is all to say there are significant deficiencies and weaknesses in your claims. A non judicial foreclosure is void upon demonstrating a Deed for Bond, UCC filing held as the real lien of record and lack of jurisdiction to bring a power of sale over a uniform instrument used for national uses with limited non uniform variations to guard the indenture dominion for asset held.

At settlement or thereafter, title was made free of all liens and encumbrances’ subject to a UCC filing for Collateralized equities placed into trust FBO Indy Mac Bank INDX Mortgage Loan trust 2006-AR27 The foreclosure cannot restore an interest in title beyond a complicated and vast consortium of financial transactions, a N Y trustee’s assets, foreign and domestic inter bank bond offering and asset backed securities.

As a Tax payer and now a mere party in possession, I ask that you first restore title and embrace the Congresses demand for these pledged “toxic” accounts to have been charged to a complete loss by the Secretary of the Treasury. Please refrain from further publication or pursuit for title. This efforts falls far beyond the states jurisdiction for a power of sale or non judicial jurisdiction.

Respectfully;

Trustor
CC File

The deed is not affirmed by state law

The transaction is alleged held to a security deed.  A security deed is distinguished as a mortgage transaction that mandates a conveyance of the property title to the lender while the debt is outstanding. Complete Legal title is transferred to the lender although the original owner has the right to the possession and use of the property as long as the conditions of the loan are met.

When the debt is paid the lender executes a re-conveyance deed of the property back to the owner. This is compared to a satisfaction of lien or release. 

Bring down Calvo v. HSBC Bank, California Court of Appeals

Calvo Has NOT Put to Rest Any Question as to Whether § 2932.5 is Applicable to Deeds of Trust

On September 13, 2011, the California Court of Appeal issued its decision, Calvo v. HSBC Bank , reinforcing the rule that California does not require recordation of an assignment of a deed of trust prior to foreclosure and that Civil Code § 2932.5 is inapplicable to deeds of trust.

The Appellate Court upheld the law , so it seems, and reasoning in Stockwell distinguishing mortgages from deeds of trust. The Court further expanded upon the Stockwell decision by explaining MERS’ statutory and contractual authority to initiate foreclosure on behalf of the investor, HSBC Bank, as Trustee.

The promissory Note is secured by the mortgages deed of trust. The Promise to pay is secured by the lien which attaches to the subject residence. The Deed of Trust is to the recorded Lien on the real property. The Assignment is to give the Deed of trust to another presumed for valuable consideration.

Consider in the Calvo case the appellate courts ruling. The original lender recorded in county records in name of the lender is Countrywide Home Loans recorded 8/28/2006.

Assignment is from assignor to assignee:

Bank of America FKA Countrywide Home Loan LP. In this effort the assignment is from the left hand to the right hand. This in accounting is for purpose of washing assets to reestablish basis in assets.

 Where the Assignor is Mers Corp therein occurs the argument for a straw buyer. A STRAW BUYER – Obtaining loans through a straw buyer is not at all legal when the agent and ultimate user of the funds used to defraud the parties when the law expressly prohibits such acts. 

NO ASSIGNMENT UNTIL TIME OF FORECLOSURE

Defendants has filed a Motion for dismissal which relies on factually inapplicable decisional law; ignores the threshold of legal standing; fails to justify the counter arguments to a free home; and purports to be supported by personal knowledge and which is in fact based on incompetent hearsay.

Defendant relies on arguing a conventional foreclosure under a star decisis counter claim, “bound by decisions of prior courts. 

Accordingly, Plaintiff is challenged in conveying convoluted subject matter arguing a separate set of circumstances urging overruling a precedent faces a rightly onerous task, the difficulty of which is roughly proportional to a number of factors, including the age of the precedent, the nature and extent of public and private reliance on it, and its consistency or inconsistency with other related rules of law.

NO ASSIGNMENT UNTIL TIME OF FORECLOSURE

Lenders originate the loans through a Warehouse Bank, A Commercial Lender wire the funds under a Third Party Contract. If both companies are Bank of America owned one can see the reason for no early assignment. The false assignment in mandatory for preferential treatment in setting forth the investment scheme that converted mortgages into shares of common stock. The mortgage was liquidated for equitable shares  transferred into the investors paid in capital account.A mortgage of $100,000 is equal to 400 shares of common certificates held in a demand deposit account – not a trust per say, but in trust depositors account backed by the United States government.  Its all done on  general assignment without any assignment of mortgage that was recognized under FAS 140  and held that way under GAAP ASC 310 – et seq 

registerclaims@live.com 

The question then is how the commercial lender transfers the mortgages into the trust apparatus.

The answer is by economic contribution as paid in capital. Hence the wire received by the settlement agent on (date) is reversed, literally to covert the commercial lines into common stock. This is the reason for the debt forgiveness as no debt can exist other than the obligors – banks to bondholders.

The bond holders debt is charged causing the 1099 C used to create the valuable NOL taken by the tax payer corporation  BofA . The property is abandoned under the discharged mortgage and thereafter purchased back by the trustee under the FMS – thus the reason for the 1099 A . The 1099 B is for the diffidence used to calculate the payment made to date by household for the bond issuers date calling the defaulted pass-thru;  calculated  to the property address. 

Not intended as legal advice. Call your local Bar for referral to a competent attorney 

From Mortgage to Common Stock

Defendants has filed a Motion for dismissal which relies on factually inapplicable decisional law; ignores the threshold of legal standing; fails to justify the counter arguments to a free home; and purports to be supported by personal knowledge and which is in fact based on incompetent hearsay.

Plaintiff relies on arguing a conventional foreclosure under a star decisis counter claim, “bound by decisions of prior courts.  Accordingly, Plaintiff is challenged in conveying convoluted subject matter arguing a separate set of circumstances urging overruling a precedent faces a rightly onerous task, the difficulty of which is roughly proportional to a number of factors, including the age of the precedent, the nature and extent of public and private reliance on it, and its consistency or inconsistency with other related rules of law.

NO ASSIGNMENT UNTIL TIME OF FORECLOSYURE

Lenders originate the loans and a Warehouse Bank, A Commercial Lender wire the funds under a Third Party Contract. If both companies are Bank of America owned one can see the reason for no early assignment.

False the assignment in mandatory for preferential treatment in setting forth the investment scheme that is for converting mortgages into shares of common stock.

  The question then is how the commercial lender transfers the mortgages into the trust apparatus. The answer is by economic contribution as paid in capital. Hence the wire received by the settlement agent on (date) is reversed, literally to covert the commercial lines into common stock. 

NON LEGAL “TAX ” ARGUMENT

PROFESSIONAL VIEW AS A NON LEGAL “TAX ” ARGUMENT
DEFENDANTS MOTION FOR DISMISSAL SHOULD BE DENIED AND STAY IN EFFECT UP TO AND PENDING TRIAL UNTIL TIME OF TRIAL

1. Defendants assertion are presuming the court agrees Movant’s counter claims and defenses are based on equitable claims for encumbrances held as a successor s in interest against the estate of the debtor
2. The debtor is in Chapter 11 proceedings is seeking an adversary claim for an action to be heard in US Bankruptcy court on or about (date) by Central Court District
3. Debtor brings clams and challenges the very legal standing of a plaintiff to institute a foreclosure action, succeeds where the court must see the new method of selling loans to a investors have caused the process to rely on the non judicial scheme to act as a private parties right to adjudicate a contest matter. A foreclosing party cannot institute a foreclosure action when it has no legal interest in the mortgage and note at the time of the filing of the foreclosure action
4. The holder and loans wholesale commercial financing are one in the same Bank of America. Bank of America never assigned the loan as lender and commercial lender concurrently funding the SUBJECT Mortgage.
5. The UCC, as it relates to lending, is a way for each state to have a consistent method of recording the security of a loan. When banks make secured loans, or loans with collateral (e.g., home mortgages), they file a UCC form with the state where the loan agreement is executed. This filing essentially makes the loan security, or collateral, a matter of public record. Without this filing, a lender could run into difficulties laying claim the collateral in case of default.
6. The obligation in question is a default of a commercial loan that was used for securities financing. The debtor’s loans were affirmed abandoned by issuance of the 1099A charged to the obligors account. The 1099 is owed to the bond holders by the member bank as the true borrower and not allowed as a charge to the consumer.

The debt forgiveness is under a U CC filing and is inaccurate.

registerclaims@live.com

FMS ARE DEBT COLLECTORS

Except as set forth in paragraph (d) of this section, a creditor agency shall transfer any debt that is more than 180 days delinquent to FMS for debt collection services. For accounting and reporting purposes, the debt remains on the books and records of the agency which transferred the debt.(2) On behalf of the creditor agency,

FMS will take appropriate action to collect or compromise the transferred debt, or to suspend or terminate collection action thereon, in accordance with the statutory and regulatory requirements and authorities applicable to the debt and the action. Appropriate action to collect a debt may include referral to another debt collection center, a private collection contractor, or the Department of Justice for litigation.

The creditor agency shall advise FMS, in writing, of any specific statutory or regulatory requirements pertaining to their debt and will agree, in writing, to a collection strategy which includes parameters for entering into compromise and repayments agreements with debtors.(3)(i) A debt is considered 180 days delinquent for purposes of this section if it is 180 days past due and is legally enforceable.

ASSIGNMENT to BAC HOME LOANS SERVICING

ASSIGNMENT OF DEED OF TRUST 

For value received, the undersigned holder of the deed of trust (herein assignor)  …does hereby grant convey , sell and transfer unto BAC HOME LOANS SERVICING  LP FKA COUNTRYWIDE HOMELOAN SERVCING  LP all beneficial interest under that certain deed of trust  ..all right accrued  or to accrue under said deed of trust.

 

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS 

for COUNTRYWIDE HOME LOANS INC.

COUNTRYWIDE HOME LOANS INC.is lender and beneficiary under the note and named on the deed of trust.   COUNTRYWIDE HOME LOANS INC appoints it’s alter ego MORTGAGE ELECTRONIC REGISTRATION SYSTEMS as the beneficiary on the deed of trust solely for purposes of  the collateral  file provided to BAC Bank of America as the commercial warehouse line of credit.

The assignment is moot to the maker and holds only to claims brought by the note holder’s funding source providing the funds to settlement under its own obligation as an obigor.