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
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.