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STERLING HARWOOD, SBN 194746 Law Office of Sterling Harwood & Associates 2114 Senter Rd. #12, San Jose, CA 95113 Telephone: 408-289-5388 E-Fax: 408-273-6442 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN- UNLIMITED JURISDICTION

THANH VAN THI DO Plaintiff J.P. MORGAN CHASE ANK, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; NORTHWEST TRUSTEE SERVICES INC. ; ALL PERSONS UNKNOWN; CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S ADVERSE TO PLAINTIFF'S TITLE THERETO; and DOES 1 through 100, inclusive; Defendants.

Case No. 113 CV 253372 DECLARATION OF ASHER ROBERTSON EXPERT TESTIMONY REGARDING CHAIN OF TITLE AND PEER REVIEW OF PALIDIN ASSOCIATES REPORT

DECLARATION OF ASHER ROBERTSON

I, Asher Robertson, hereby declare and state that all of the facts set forth in this declaration are true and correct to the best of my knowledge and if called as a witness I could and would competently testify as to the following:

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1. My name is Asher Robertson. I am a resident of Royal Oaks, California. 2. I am a Mortgage Loan Auditor and Forensic Document Examiner and I am currently the Chief Auditing Officer at KMBA ASSET LIQUIDATIONS. 3. I have over 24 years of full time experience in all aspects of the field of Real Estate & Mortgage Banking with extensive knowledge and training in Fraud Detection and Loss Mitigation. 4. I am a member of the American Society for Testing and Materials International, my member number is #1694306. I am a participating member of the ASTM Committee on Forensic Sciences and I am on the Sub-Committee responsible for setting the standards and practices of Digital and Multimedia Evidence for the organization and I have full voting status for my committee and sub-committee.. 5. I have received extensive expert training in all aspects of Forensic Document Analysis by some of the most highly regarded experts in the country who handle the big cases that make national news. 6. I have extensive training by instructors from all of the major United States Government agencies concerning the area of Forensic Sciences, specifically, fraudulent documents and expert testimony in federal and superior court. 7. In compliance with Federal Rule 26(a)1(B), my disclosures are listed in my

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Curriculum Vitae along with my qualifications and experience, which is attached to this declaration. 8. In the normal course of my daily business I am often asked to verify the accuracy and validity of reports that are submitted to the court in cases requiring expert testimony in my area of experience and expertise.

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9. Paladin makes a brief statement that they were not provided a copy of a recorded Substitution of Trustee and somehow immediately comes to the conclusion that Flagstar does not own the note. It is entirely unclear what the two have in common, however, I pulled all county records for the property at 7:47 PM on October 31, 2013. 10. There was in fact no recorded Substitution of Trustee, however a Notice of Trustee Sale is recorded and has listed Northwest Trustee Services Inc. as the Trustee for this loan and apparently is going to facilitate the liquidation of the property at a Trustee Sale which is scheduled for November 5, 2013 at 10am. 11. There is absolutely nothing in the county records that gives this company any authority whatsoever to act as Trustee on this loan. Often times we will see a chain of title that is broken by an appearance of a new Trustee on a Notice of Default and then a couple of months later, the Substitution of Trustee will be recorded after the fact and the courts are about split on this issue. Not because some of the courts condone this behavior, but only because they feel the borrower was not damaged by this improper book keeping and therefore ignore it. 12. However, this situation is much different than the usual sloppiness that often occurs. The original Notice of default was in fact filed by Northwest Trustee

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Services INC almost 2 years ago on 1/31/12 and yet there is still no valid (or invalid for that matter) Substitution of Trustee recorded in the county recorders Office, nor were the proper Affidavits signed and acknowledged as required by California Civil Code Section 2934a
(a)(1)The trustee under a trust deed upon real property or an estate for years therein given to secure an obligation to pay money and conferring no other duties upon the trustee than those which are

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incidental to the exercise of the power of sale therein conferred, may be substituted by the recording in the county in which the property is located of a substitution executed and acknowledged by: (A) all of the beneficiaries under the trust deed, or their successors in interest, and the substitution shall be effective notwithstanding any contrary provision in any trust deed executed on or after January 1, 1968; or (B) the holders of more than 50 percent of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction, exclusive of any notes or interests of a licensed real estate broker that is the issuer or servicer of the notes or interests or of any affiliate of that licensed real estate broker. (2)A substitution executed pursuant to subparagraph (B) of paragraph (1) is not effective unless all the parties signing the substitution sign, under penalty of perjury, a separate written document stating the following: (A)The substitution has been signed pursuant to subparagraph (B) of paragraph (1). (B)None of the undersigned is a licensed real estate broker or an affiliate of the broker that is the issuer or servicer of the obligation secured by the deed of trust. (C)The undersigned together hold more than 50 percent of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction. (D)Notice of the substitution was sent by certified mail, postage prepaid, with return receipt requested to each holder of an interest in the obligation secured by the deed of trust who has not joined in the execution of the substitution or the separate document. The separate document shall be attached to the substitution and be recorded in the office of the county recorder of each county in which the real property described in the deed of trust is located. Once the document required by this paragraph is recorded, it shall constitute conclusive evidence of compliance with the requirements of this paragraph in favor of substituted trustees acting pursuant to this section, subsequent assignees of the obligation secured by the deed of trust and subsequent bona fide purchasers or encumbrancers for value of the real property described therein. (3)For purposes of this section, "affiliate of the licensed real estate broker" includes any person as defined in Section 25013 of the Corporations Code that is controlled by, or is under common control with, or who controls, a licensed real estate broker. "Control" means the possession, direct or indirect, of the power to direct or cause the direction of management and policies. (4)The substitution shall contain the date of recordation of the trust deed, the name of the trustor, the book and page or instrument number where the trust deed is recorded, and the name of the new trustee. From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority, and title granted and Page 4 of 8

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delegated to the trustee named in the deed of trust. A substitution may be accomplished, with respect to multiple deeds of trust which are recorded in the same county in which the substitution is being recorded and which all have the same trustee and beneficiary or beneficiaries, by recording a single document, complying with the requirements of this section, substituting trustees for all those deeds of trust. (b)If the substitution is executed, but not recorded, prior to or concurrently with the recording of the notice of default, the beneficiary or beneficiaries or their authorized agents shall cause notice of the substitution to be mailed prior to or concurrently with the recording thereof, in the manner provided in Section 2924b, to all persons to whom a copy of the notice of default would be required to be mailed by the provisions of Section 2924b. An affidavit shall be attached to the substitution that notice has been given to those persons and in the manner required by this subdivision. (c)If the substitution is effected after a notice of default has been recorded but prior to the recording of the notice of sale, the beneficiary or beneficiaries or their authorized agents shall cause a copy of the substitution to be mailed, prior to, or concurrently with, the recording thereof, in the manner provided in Section 2924b, to the trustee then of record and to all persons to whom a copy of the notice of default would be required to be mailed by the provisions of Section 2924b. An affidavit shall be attached to the substitution that notice has been given to those persons and in the manner required by this subdivision. (d) A trustee named in a recorded substitution of trustee shall be deemed to be authorized to act as the trustee under the mortgage or deed of trust for all purposes from the date the substitution is executed by the mortgagee, beneficiaries, or by their authorized agents. Nothing herein requires that a trustee under a recorded substitution accept the substitution. Once recorded, the substitution shall constitute conclusive evidence of the authority of the substituted trustee or his or her agents to act pursuant to this section. (e) Notwithstanding any provision of this section or any provision in any deed of trust, unless a new notice of sale containing the name, street address, and telephone number of the substituted trustee is given pursuant to Section 2924f after execution of the substitution, any sale conducted by the substituted trustee shall be void.

13. As the statute states, the substitution is, Not effective unless all the parties signing the substitution sign, under penalty of perjury, a separate written document 14. Additionally, with the implementation the California Homeowner Bill of rights on January 1, 2013, There are 2 clauses that this Court should take Judicial Notice of: Verification of documents: Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to $7,500 per loan in an
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action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Business Oversight, the Bureau of Real Estate. Enforceability: Borrowers will have authority to seek redress of material violations of the new foreclosure process protections. Injunctive relief will be available prior to a foreclosure sale and recovery of damages will be available following a sale. (AB 278, SB 900) 15. In any court action where a document is entered into evidence and it is in complete contradiction of the public record, there is a break in the chain of title and lenders will refuse to make a loan on that property because the risk of loss is far to high. 16. The suspect document CANNOT be trusted until the complete chain of title can be reconstructed with such rock solid proof that a title company will write a title insurance policy on the property and guarantee a lender against loss. 17. Additionally any other documents that stem from the questioned document and depend on the validity of the questioned document are completely useless until

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the questioned documents validity is determined. 18. Although this is a giant red flag, this in and of itself does not mean an unrecorded document is invalid, to the contrary. 19. No document must be publically recorded to be valid and enforceable. Not surprisingly most parties actively engaged in fraudulent activity are well aware of this fact and will be the first ones to bring that to the attention of anybody questioning why their document is not in the chain of title. 20. Notwithstanding, recording ones interest in real property is primarily done to protect the rights of the true real party in interest.

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21. This also works in reverse and protects the public from being sold an interest in real property by a person who is not the real and true owner. 22. This system of publically recording real estate and lending transaction has been around for well over 800 years or more and is trusted and well accepted by ALL normal, honest participants involved in real estate and lending, both on the consumer side and the commercial side. 23. Failure to accept this time tested, reliable system is highly suspect and without a reasonable explanation for such blatant and flagrant recklessness, there is almost certainly fraudulent activity being perpetrated. 24. There are many valid reasons for not having a document recorded, however if none are offered, other than the tell-tale calling card every fraudster knows and lives by, a document does not have to be recorded to be valid, it can safely be assumed that there is a valid reason for the lack of recordation and that reason is because the liability that comes from recording the document, outweighs the liability that would come from not recording said document.

CONCLUSION
Due to the deadline that I have been given, I regretfully will not be able to complete this Declaration, as this court is due to commence its morning calendar in just a couple of hours. However, with the clear evidence that has been documented in this report already, the minimum standard for approving the application has easily been met.

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Additionally, during my investigation, I have been able to ascertain that the Assignment of Deed of Trust is indeed, a forgery and has incurable FATAL
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DEFECTS which can easily be proved beyond all doubt, with rock solid, indisputable evidence taken directly from publically recorded documents. I certify under penalty of perjury under the laws of the state of California the previous is true and correct to the best of my knowledge.

Respectfully Submitted, November 1, 2013, 5:51am

___________________________ Asher Robertson, Forensic Document Examiner

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