Alexander Vs Motgage Co's

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 1 of 48
EXHIBIT A
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1
Dennis R. Alcxander. Pro Se Plaintiff

DENNIS R. ALEXANDER
6564
- g 20tn
MIOHAEL K. JEJS, CLER'(

l{, I'ARRUFF0
OEPUTYOI.ft(
Tres Lane
AZ 852s3-4r28
SUPURIOR CCIURT OT RIZCIN
MARTCOPA COUNY
6
,7
tE.
Elr'M$,
MRRID
R.
ATXAND:R, A
,S HIS SLE AND
,AlD As
$EPA*..TE
FR
ESTATE
F MELVENA ALEX.NDR,
.r.0
No. CV20t6-054CI41
FIRST A.MENDED CTMPLAINT
Plaintif,
r1
V.
BANK
r.2
N.4I}.IAt
TRUSTE FR
{-o}i
1"3
14
PTR
SERVICE
Califomis
FARGO HGh{E
fNc.
.'B.A.
&
r.5
16
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t8
JTTRY
TR{AL DEIVTNDB
t9
Defendants.
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Z,L
Defndants.
2?
Plaintiffi Dnnis R. Alexander, for their Cornplaint against the Defcndants, alleges
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as
follows:
PARTIE, JUILISDICTTON AND VENU,E
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26
l.
Clyde and Melvena Alexander, Plantiffs father and mother, initially
65 $mokc Trre Lane, Paradisc Valley Arizpna e52534128
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purchased the property
2B
("the Property'") that was built in 1960, Plaintiff lived, occupied and maintained business
offices located at the"prCIperty over the yers and aftei his father's passing in 1998 with
Mrs. .Melvena Alexander, Plaintiffs rnother rvhom they worked together in
Plaintiff is the executCIr and Psrsonal Representative of the Estate of Melvena Alexnder,
business.
having inherited the property from his mother aftsr her passing in January 2011 and has
in ths property
JI
been the o\ /ne
Trustor/fee simple owner is based on being thc beneficiary af the Benefrciary Deed dated
October 27,2012 ad Melvena Alexander's passing on }anuary 5,2013. Plaintiff is a
resident of Maricopa County, Aizona.
I
I
10
2,
in
possessicn since that time" Plaintiffs intercst
Venue is proper in this Courl, as the Property is located within itsjurisdietion
in Maricopa County, Arizona" and because Plaintiff is stilt in possersion of the Property,
mors fully dercribed as:
1L
LOT THRFE {3), LINCOLN DRIVE YIST., ACCORT}ING rO T}lE
1-
IN TFM OFF1C OF THE CITNTY RECORER
13
rN BOOK 52 F MAP$, PAGE 46.
14
3.
15
as
,t tire tinre
*f
CIF MARTCTFA
the lpanns ariginaton on June
PL,A,T
tF
RECORI)
CUNTY" "ARNNA,
l, 6, FIRST FRANITN A
ry.SION OF NATIONAL CITY BANK OF INDI.NA (-'FFNC") {a braneh of
t6 Nationl City Bank" Clevcland" Ohio) is listed as thc originat Lender (a National
of that National
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,4.ssociaticn) on the loan documcnts, which is then initilly a ivision
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Bank. Melvena Alexander n unmarTied wornan s listed as the Borrower; the Trustee
Iisted is L,{NI}{MERIC TRA,NSNITTICIN; IvIHRS or Mortgage lectronc Registration
2A
Systerns, Inc., is listed as a separate corporation acting.solely as lhe norninee for Lender or
"J1
Lender"s successors and assigns and states that MERS is thc beneflciary under the Security
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Jnstrument, see "Ded of Trust and Security Agreement'" attached on xhibit
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4..
1"
To the best of the Plantiffs' knowledge and belief First Franklin A Division
24,
sf Naticnal City Eank cf Indiana or FFNCB then without notice to the Borrowr next
,q
entered into a Pooling and Servicing greement {"FSA") on August 1,2CI06, as amended"
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among HSI Asset Securitization torporalion, a* Depositor, First Franklin Financial
21
Corporation, as Mortgage Loan Seller, Wclls Fargo Banh N.4., as Master Servicer,
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t"
Securities Adminiskator and Custodian, and Deutsche BankNational Trust Company, as
Trustee, plense see information at thc fsllowing link:
3
4
5.
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Septemb*r 5,2CI06, to the best of the Plaintiffs' knowledge and belief
then withaut notice to the Borower, Fir$t Franklin Mortgage Loan {"FFML") Trust 2CI06-
FFl l, HSBC, lead underwriter for HSI Asset Sceuritization Corporation {Depositor),
V/ells Fargo Bank, N"A. {Master Servieer, Securities Adrninistration, and dministratar}"
HSBC Bank USA, N.A. {sponsorl NatCity Investments, Ihc. and Blaylock & Company,
10
Ine., (Co-vlanagers), First Franklin, a division ofNational City Bank of Indiana and other
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qualified correspondents ofNational
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Trust C*mpany {Trustsa}, the (Dorivative Prvider) which satisfies the Derivative Prcvider
r.3
Itatings Requirement" havng filed a prospectus dated August 15,26 with the Sccurities
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and xchange Cornnrission, titled "Nw Issue Term Sheet and Computational latorials"
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and further regarding, Mortgage Pass*Through Certificateso Series 20f6-FFt
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$1,923,547B (.a.pproxinnate, $ubjcct to +/- 10olrl Yariance) First Frsnklin Mortgage
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Loan Trust 20{16-FSII r Issue,I{SI Asset Securitization Corpnratin, eposior, First
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Lien Residrntinl Mortgage Loans, pf w.hich.Elaiqtiffs'
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ttrereof. First Franklin Financial Corporation {'?FFC") acting as sellsr who bought the
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loans from the Orignator TFIRST FRANKLIN, A IVISION OF NATIONL CITY
2\
BANK OF:NDIANA- also Plaintiffs Loan Originator) and other qualified correspondents
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of National City Bank then sold them to the Sporisor {HSBC Bank USA, N.A,). The
Sponsor then in turn sold again the tortgage Loans to the Depositor (IISI Asset
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Securitization Corporation) sn the ("Closing Date") on or about September 6,206
')
therein, please see link at:
Bank {Originator}, Eeutsche BankN'ational
subjt,loal n
26
https;/1www.spc.gv/Archives/sdgar/da/1323260i00CI114420406037026/v051383;Mp.ht
rt,
28
6.
Further, on
The
Closing ate, the Securities Administrator" Vfells Fargo
Bank, N.A. on bchalf of the supplernental interest trust entered into both an intcrtst ratc
cap .greemet and swap greement
information link at
h!srh&wysec.eov/.Archivedcdsar/data1l37?799/001 1,442CI486039Q39/0L8I13"4Q*:Sr
Q3903-indpntm
7.
with ABN Ah,I-Rt Bank N,V. Flease also see
After the sale of the FlantifTs' subject loan, and 1o the best pf its knowledge
l,
2006 via the Pooling and Servicing Agreement
S,
and belief from cn or about ugust
('?S.4,I, thcn yia Prospectus filings dated August 15,20t6 with Clssing Date on or about
10
6, 206 First Franklin Financial Corporation acting as seller who bonght the
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loans ,*am the Originator First Franklin, a dvison of National Crty'Bank af Tndiana and
T2
other quaiified eorrespondents f Ntional City Ban snld tlsm to the Sponsor known a$
t3
IISB Bank USA, N.A and the Sponrorthen in tum again sold the Morlgage Loans to thc
1.{
epositor known as HSI Asset $ecuritization orporaticn also on cr about the Closing
1tr
Dats scptember 6, 2006, Vfells Fargo Bank, N-",{. is Servicer, Mastcr Servicer, Securities
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inistrator and Custodian, and sutsche Bank National Trust Compny, Trustee. First
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Fr*nklin Mortgege Loan Trust 2006-FFli, Mortgage Fass-Through Certifcates, Series,
L8
L9
r.
8.
Under the terms
of the Poolng and Servi*ing -Agreernent, it is noted
regarding Iransfer and assignrnent of each Mortgage
In
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Depositor has delivered or caused to be delivered to the Custodian for the benetit of'
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the Ccrtificate holders the following documcnts or instruments witlr respoct {o ech
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Mo*gage Loan so assigned:
2q
26
tt
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conncction with the transfer and assignment
{i)
of
each Mort'gage Loan, the
the original Mortgage Note bearing all intervening endorsements

necessary to shorr a complete chain of endorsements from the original payee, endorsed in
blank, "Pay to the ordcr of ,, .
----,-,----, without recourss", and, if previously
endorsed, signed in the name of the last ndorsee by a duly qualified oflcer of the last
_,
endorsee;
I
2
3
4
(ii)
the original Assignment of Mortgage fior each Mortgage Loan, in

fonrr and substance acceptable for rocording. The Mortgage shall be assigned, with
assignee's narne left blank;
9.
Historical Note 2 - information cnly: On December 3CI,2006 Merrill Lynch
Bank &. "I'rust Co., FSB {"MLFSB"), ldew Yorh New Ycrk acquired First Franklin
Financial Corparation ("First F'ranklin"), San Jose, Califnmia, from National City Baa
Cleveland, Ohit.
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10
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12
10.
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Tb
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24
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infornation only: First Franklin originated primarily
subprime mortgage loans for sale
in thc secnndary marke*. Backers: First
securities from its loans, aceording to financial statements. Other banks, such as Deutsche
Bank's H3I Asset Securitization Cororafion Trusl, pooled First Franklin loans. To maka
home loans sales mpre efficient and profitable, banks began making increasing use f a
called "scuritiation"""
In a
securitizati*n, aceording
to the Permanent
Subcommittes on Investigations, United States Senate, a financiai instifution bundles a

.large number
of home loans into a lcan pool, and calculatcs the mount of
morlgage
payments thst u/ill be paid info that pool by the borrowers. The scuritizer then forms a
shell corporation or trust, oflen offshor, to hold the loan pool and use the mortgage
revnur stream t supporJ the crealion of bonds that make payments to investrs over time.
For First Franklin, according to the Bqard of Gove!ors of the Federal Reserve System, in
a letter respCInse to ML-SB indicated the documents for the loan sales and securitization
transactions included representations and waranties fhat,
if
breached,
by an exemption
under section 23"A, and Regulation W" woutrd obligate First Franklin to repurchase the loans
in certain circumstances. [n soms a$s, MLFSB provided guarantees of First Franklin's

performance under these bansaction documents ("uarantees"). ecause
of
the
deterioration of the subprime rnorlgage market, Merrill Lynch &. Co. ('"Menill Lynch"),
the parent
of MLFSB,
annsuned that
it would
27
2B
Franklin
partnered with investment banks sich as oldman Sachs and Bank of America to issue
13
14
Historical Note 3
discontinue mortgage operations at First
in
Franklin
wholesale and retail loan operations,
l.
March 208. Status: CLOSD.
CIn
In March
?08, First Franklin closed all
March 29,201I then Flantiff Melvena Alexander, an Unmarried Woman,
aftr several attempts to qualify for reduction in mortgage terms and modifcation requests"
and then fallowing rom recoyery frm ssvere illness requiring hospialization fu*her
effecting economic circumstances that were also effected by increases in he variable rate
loan) thcn entcred into a Loan tfodifcation "greement {Instrumenf No. 2AUM82576)
I
I
attached and listed on xhibit 3 with Wblls Fargo Ban N.4., nated as acting as lender.
12.
Any entity which is the transferee or holdcr of the Ncte" or the assignee of
l.
the Deed sf Trust, ie subject to any and all affrrmative claims andlor defenses the Plaintiff
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could have assertcd againnt FIRST FR}KLIN
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B,NK OF INDINA f'FFNCB") {a branch
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CIf
A DIVISION OF NATICINAL CffY
National City Bank, Cleveland"
as
originator of the loan, and Fir,st Franklin Mortgage Loan Trust 206-FFl 1, Mortgage
and eutsche Bank National Trust
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.Lq
Pa*s-Through Certificates, Series, 2006-FFt
1
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Company ("DBNTC")' s Trustee, and c/o Wells Fargo Bank,
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allegedly in the chain oftitle.
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thio)
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"
Accarding
to.
"
N.4., as entity(ies)
the FDIC, litiganrs are barred from sung any entily over which.
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the FDIC et$"as cnservfor or re$eiver, pursuant to 12 U.S.C.
19
includes
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any other affirmative relief. This sitration has nol existed theref<lre Plantiff believes the
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litignts herewith are properly listed.
22
14.
rot only tbe asscrfion cf claims for
$ 1821(l). Thie ba
damages" but also ths seeking af inj'unctivs or
Defcndant merieas Servicing Corporation" a djvision
f?SC"l
has been the servicer of the
/ d"b.a. of Wells
Note, ven though
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Fargo Flome Martgage,Inc.,
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FFNCB transferrcd or changed its servicing rights in the loan frcm initially Firsf Arncrican
25
Titl to ASC, a division of Wells Fargo Bank, N.A acting as MasTer Servicer, Securities
26
,4dministrator and Custodian effective on or about August 1,2t46, Deutche Bank National
27
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f1
Trust Company, as trustee, c/o V/ells Fargo Bank, N.4., further acting as adminiskator, is
envisoned will cstablish itsclf to rstain control over this litigation,
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4
i5.
efendant eutsche Bank National Trust Company {"DBNTC"), uu Trustee
for First Frankli Mortgge Loan Trust 2CI06-FFl
1" Mortgagc Fass*Through Cerrificates"
Series, 2006-FF11 {the "Trllst")" is a speeial pulpose national banking association, formed
6
under the laws af ths United States of America, whcse business is limited to that of a trust
rompany. The Trust is governed by, arnrng other dqcuments, a Pooling and Servicing
I
I
gr,eement {"PSA*) dated ..{ugust 1,2t06, as ameaded" and Rate Swap Trasaction letter
1"0
eonfirmation greement
16.
RST") dated September 6, 206.
efendant 1/ELIS FARGO
BANI N.A. administretor, Master
Servicero
12
Custcdian, etc all., alcng with the September 6, ?S6 RST Rats
"{.dministrator,
Swap Trausaction greement Bntered int* between ,A,BN MRO Bank N.V, {",4.8N
:.3
.4.IUR1'), and the Supplemental Intcrest Trust
14
'Wells Fargc ank, N.A. not in its

2S-FF11 {the "Counterparty'), as represened by
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individual capaci{, but solely as securitics adminiskator ( the "$ecurities,{dministratcr")
1.6
of the Supplenrental luterest Trust created pursuant to a Pooling nd Servicing Agreement,
1"?
dated and effective ,{ug*st 1, 200, mong HSI Asset Sesuritization orporation,
18
depositor (the 'Ilepositor"), the Securities Administrator, Wells Fargo Banlc, N.A. in the
1.9
additipnal capacities of servcer, mster servicer nnd cwtodian, First Franklin Financial
Corporation" as mortgage loan seller, and Deutsche Bank National Trust Company, as
/t
trustee (the "Pooling and Servicing Agreement"). This Agreement, which evidences he
22
cornplete *nd binding agrement between the parties to enter into the Transactio.ns cn thc
23
terms sst forth therein the RST Agreement. ,nd further, regarding a loan modiftcation
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agreement {providing for step interest rate) entered into with Melvena Alexandr" n
c
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unmarried 1ryoman" with Ii/ells Fargo Bank" N.A. documented as "Lender" f March.29,
26
?011, and then reverting back on the June 22,
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Benefieiary being listed as Deutsche Bank National Trust Company, as Trustee for First
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Securities
of First Franklin Mortgage Loan Trust
2tl5
as
Notice of Trustee's Sale to Current
Franklin Mortgage .Loan Tust 206-FFl1, Mortgage Pass-Through Certificates,
?0t6-FFl I, c/o V/ells Fargo Bank, N,4., as entit-y(is) allegedly in the most recent chain
1
,l
of title.
l7.
Martha Sanchez
is an "Assistant
Secretary
of
Quality Loan
Series,
Service
Corporation who was substituted as Trustee under the Dced of ?rust on Junc 22,2015, as
on record at the Maricopa County Reorder's ffrce at Doc. No. 2015-044572. At the
time of substitution" Trustee Sanchcz acting f;or Quatity Lan Scrvicc Corporation noticed
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that it qualifies to act as a trustee under A.R.S, 33-803(A)(l) in its capacity as a licensed
Arizana escrow agent regilated by the Departrnent sf Financial lnstitutions.
I
1U
8.
At present thsre is a trustee's
sa-le
pending
CIn
August
3,2}l6lisled
TS No.
tl
AZ-15-675637-F, OrderNo. 15016453I_AZ,-VO[, The Defendant$ may atatc to re-notice
12
a trustee's sals on the Property during th status and pendency of thi* potential litigation.
13
$hould such a sale bo then be r*noticed, Plaintiff will seek tu again amend to nane any
74
trustee who notices such sate if fhat trsstee is not already a party.
19.
t_5
Plaintiff is currently unware
cf the identity and capacity of ABC

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CORPORATICINS 1 through 15, NYZ LIMI?EI) LIABILITY COMP^NIS
17
18
OES
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ascertained. Plaintiff alleges upon infarmation and belief, however, that each and every
)n
presently unkncwn defendant is in sone ,mannr responsible for the cts or conduct of
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sther Defendants, or were and/or ar6 responsible for the injwes" damages, and harm
22
incurred by Plaintiff.
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///
24
l//
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5,
123
SANKIN ASSOCI.A,TIONS 1 -15; 456 ED
through 15, but
will
CIF
through
TRUST TRUSTES 1-l 5, and
amend ths Complaint when their identitics have been
Fc.rs_R{r4#p,
lg
v
4"7
t
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B
tAN oBIGrNAl}l!
l"
20.
On or about June 1,2006, Melvena lexander, an Unmarried Woman
entered into an Adjustable Rate Note (the "Note") {attached Exhibit 2 hereto) and Deed
-'DCIT")
(attached and listed *n Exhibit t) with First Franklin, a Division
Trust {the
af
of
Natjonal Ciry ank of Indiana ('FFNCB") {collectively, the Note and separately the eed
of Trust
asserts herewith Mrs. Alexander reseived a copy of the DOT and Sccurity Inskument
(Maricopa County Records #2tA6741518) and copy of the djustable Rate Note (the
*Note') was eventual ly obtai ned through histrrical bankruptcy proceedings.
{"DtT")
21.
and Security Instrumnt may be retbrred to as the 'ol-oan'")). The Plaintiff
*\t the time of Loan origination,
Keystone Financial Services, LLC." and
10
FFNCB placed. Mrs. "Alexander, then an 8Z-year"old woman, into a Variable Rate Feature
1_1
via an Adjtrstable Rate Ridcr attached to the DOT and Security Insf,rument" fcr
purchase of the Propeily then allawing for a sellcrs equiry contribution as a dswn paymenl
1?
utilized by the buyer in the amount of $365,00. Keystone Financial Services, LLC
14
received a loan origination fee of $6"100 for puttiilg Mrs. Alexander into that Loan.
1,5
22.
the
The I)OT showc based on a "Note" or "Loq.n" meaning debt that is
16
evidenced b}' a Notc plus iuterest, any prpayrnenl charges and late chargcs due under the
17
Note, and all sums due under the Security trnstrument, plus interesl. It describes therein the
19
Security Instrument, Section 1?. Borowers Copy; that Forrower is to be provided one
*Adjustable Rate
copy af the Note, and of the Security lnstnment" and *s the Note {the
20
Note') being ts th best knowledge and belief of the Plaintiff as having
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received timely, or ny veri{isd or ny certified properly endorsed assignments, and futhsr
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containingNon dated tlual,Endorsements by the $me prson which calls hjrnself "Closr"
(See attached Exhibit 2,page*S) interestingly one fur First Franklin Financal Corporalion
24
and another for First Franklin a Division of National City Bank of Indiana (questioning
25
this as an Assignment?i calling into question the validity af ths Note th*t there is an initial
26
principal balanc of $610,000 due ta
27
of Trust, itern (F) "Not$"".-and other records inelnding the ood Faith Estimate of
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Lhe
ne'ver been
substantiation in the dcfinitions listed in the Deed
Scttlement Charges. FFNCB js listed as the Lender on the Deed CIf Trust and Security
Instrument" The Borrower is identified as Melvena Alexarder, and Unmarried
An copy of the Deed of Trust and Sccurity Instrument is attached
howeverl
23.
6
7
trVoman.
hereto as xhibit
The Note states that:
(a) "Lender or anyono who takes this Note by transfer and who is entited to
-Note
Holder;"'
receive prryments under this Note is called the
(b)r
tt
if the borrowcr is in dcfault, "'th Nse Holder rna,y s*nd trr a wrifien
telling m that if I do not pay the overdue amount by a certain date the Ncts Hotder
10
mayrequir m to pay immediately the full amount of principal that has not beon paid and
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tlre interest fhat I owe;on that amount" That date must be at lcast 30 days after the date
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nn whish the notics is mailed to m... ."
(c) *[iJf the Note Holder has required me to payimmediately jn firll ".. the
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Holdcr will hav the right
14
(d-)
15
lr
be paid back by me,..
.'o
"[i]n addition t the proteetions given o the Note Holder undet thi* Nute,
16
-Secwity
Instrument') ... protccts the
Mortgage" Deed of Trust" or Security Deed (the
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Not Holder from possible losses which might result if I da not keep the promises which I
l"B
make in this Note.'"
24"
L9
,9ee
Note, attached on xhibit 2.
The Security Instrument states thatl
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(a) "Interest in the Properfy" means any legal or'beneficial interest in the
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Property, including but not limited to, those benefici*l interests transferred in a bond for
22
deed, cCIntract for deed" insllment sales cntrtt or escrolv agreemenl" th intenl of which
23
is the transfer of ttle by Borrower at a future date to a purchaser;"
24
(b) if the borrower is in default, "under the Secwity lnstrument the tender
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shall give notice to the Borrower prior to acceleation following Bcrrowers' breach of any
26
27
2B
Plaintifis do not admif that there exists true and aecurate copy of the Note. Until Plaindff has
been provided a copy of the Note with all endosements, and given the opportunitr to examine the
original Note, Planti{Tdoes not admit the debt or the validity of sane.
10
covenant or agreemnt jn the Security Instrurnent. Tha noticc shall specify (i) the default,;
(ii) the action required to cure ths defult; {iii
the notice is given to Borrower, by which the defult rnust be rured,; and (iv) that failure to
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cure the default on or before he dat. specified in the notice may result in acceleration
the sums secued by this Securitylnstrument and sale of the property....."
a date, not less than 30 days from the date
of
*'The Notice shall furttrer inform the

{c) Under the Securi$ Instrumen!
the riglrt to reinstate afte accelcration and the riglrt to bring court ction to
Borrower
assert the non-existence of a deult r any ofJrer defcnse of Borrower to accelertinn and
salg ...."'
10
25.
CIf
Ths Serurity Instrument Adjuslable Rate Rider {".RR") FFNCB presented
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to Melvena Alexander to sign with a "Not" being a "Variable Rate Feature" pe.
Essentially stated per the Adjustable Rate Rider attachcd to the Security Instrument
13
documents thereon describes
l4
A.LLCII/TNG
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PAYMHNT. THE NOTE LTMITS THE AMOUNT THE BRRTWERS TNTEREST
RATE CJ\N CT{,A,NGE AT ANY ONE TIIVT NT} THE MAXIMUM RATE TH
I7
BORRTV/R MUST PAY." Therefure thc RR indicates there would be an inital
1_8
interest rate of 7.75% per mcnth with provisions and changes to thc monthly interest rate
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essentially/sumrnari.ly by adding 5.3?5% to the then curent jndex. The ARR descrjbes
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lirnits on lntcresl Rate Changes which surnmarily indicate interest rates to be never greater
2T
than 13.7507o nor less than 7.75olo with the first change date to b not greater than
))
1.0"75A%.
23
payment beyond the borrower's rnas.
11
24
26,
on its face "Tf{E NOT CCINTAINS PROVISIONS

f.R CHANffS IN THE TNTERHST R,{TE ANP T}{ MONT}TLY
This would cause" and did eus eventually" a drastic incrase in monthly
Plaintiff ws not present with Mrs. Alexander when the loan documents were
?q
signed. To the best of Plaintitfs knowledge and belie and as the son of lrs. Alexander,
26
copy of the Note wa$ never provided tn Mrs. ,A,lexander timely, but Plaintiff has obtained a
2"7
copy by othrr rnens, and eonfirmed viable copies of the Deed of Trusl and Security
2B
11,
1-
Instrument and its various riders, which arc available from Maricopa County Recorder's
0ffice.
21.
The OT also identifes FFNCB as the
knder, and Melvena Alexandel
an
Unmarried Woman, as the Eorrower and Trustor, MERS "acting solely as a nominee for
"Lendet''and "Lender* Successors &nd Assigns" is named as the beneficiary on the DOT
under the Securify Instrurnent. The DOT is dated
Maricopa Counff Recorder's fce at Dcurnent No. 2006-0?41518 on June 1, 2A6,
}l4Lay
26,206, and was recorded in the
atlegedly securing the original princ,pal amorxrt of S610,00CI,CI"
28"
FFNCS's handlng of thc OT confirns that FFNCB"s only goal was to
10
originate ths Loan on whatever terms expedient, as its plan was to immediately s*ll the
1L
not or loan and generat* a quick profit. A copy ofthc OT is afiached as Fxhibt l"
29,
L2
$hortly after clpsing the FFNCB lon with- Mclvna Alexander on June
I,
TJ
2006, in Frce,Writing Prospectus dated August 15" 206 {to Frospectus dated April 3,
rit
?06) $1,882,192"00 (Approximatel Mortgage Fass-ThrougJ: Certificafes* Series ?006-
1q
FFl
1.6
Securitization Cororaticn, epositor" HSBC Bank USA, National ssociation, $ponsor
l1
and Seller, and Wells Fargo Bank, N."4- Servicer and Master Servicer" whereas it sta,tes in
18
the prospectus, "lmmediately upon or subsequent to origination or the Mortgage Loans,
19
the Originator (FFNCB) sotd the Mortgage Loans to First Franklin Financial Corporation
(the "Mortgage Loan Seller") and the Mortgage Loan Seller, in turn, sold the Mortgage
2T
Loans
22
Mortgage Laan Purchase and Ssrvicing Agreernent. See '*lssigitment a{ the Mortgage
23
Leens" in ttris free writing prospectus." This prospectus can be found at the following link.
24
https://www.spc.govlAtchivs-klgq,rldatl3?-3260/00l
?q
ln
)1
28
First Franklin Mortgage Loan Trust 206-FF1I Issuing Entity, HSI
to the
30.
Asset
Sponsor (HSBC Bank USA, National Association) under the Master
144204ff825/vQ50577;flilp-ht
The DOT" a'oFanili MaelFreddie Mac IINIFORM INSTRUMENT":
(a) requires the Lendr to give the Trustor (i.e., the Plaintitr) 30 days' notice of
L2
default beforc accelerating the Note balance;

(b) requires that ths Lender give the Trustee written notice of the occurrence of an
of Lender's election to cailse the Property to be sold, before
event of default and
4.
Trustee may initiate a sale;
(c) imposes a dufy on the Lender to relese the DOT "[u]pon payment of all sums
5
6
I
I
I
secured
this Security Instrument...
.";
{d) secures to Lender fuot the eneficary} {i) the repayment of tho Loan" aud (ii}
the perlormance of boffwers' coyenants and greements under the OT and Note; and
(e) states that

somettring
:"1
agremnt by contract."
t2
,SaDOT"Exhibit
31.
if applicable law is silent on whethe the parties
rnay agre to
by contract, "such silenc shall not be constned as a prohibition
r"0
3.3
the
against
1, Section 16.
MERS is listed as beneficiary under the DOT salely for the purpose of
of the OT
each time lhe
lnan was purpo:tedly
14
avoiding reeording an assignment
13
sold/assignEd/transferrcd. The DOT was given. MERS MIN No. rc042524t00$296961.
10
32.
It is not known if
MRS takes posse*sion of notes and whether
it
tock
x8
of Plaintiffs Note. MERS is listed as a nominee fo Lender and Lcnders

Successcrs and assigns, and noted that MERS is the benefieiary undcr the Security
L9
lnskument. It is not known if the Note was ever
nyer endorsed in blank and held by' MERS. MRS my never had any flnancial intcrst
2I
in the Loan; MRS does not originate loans pr lend monsy.
17
??
33"
CIr
never endorsed to MERS, nor evr or
The deed of trust startes de.fine "'benefciary" as "the person named or
23
othenwise designared in a trust deed as the person for whose bsnefit a trust deed is given,
24
or the person"s suocessor in interest." A.R.S. $ 33-S1{l). The person for whose benefit
23
trust deed is given, is the Lender/lote Holder. See Exhibit
?6
securs to Lender: (i) the repayment of the Loan.
27
2B
34.
"
I ("Ths Security lstrument
.").
MERS was never the true benefrciary under the DOT.

13
35.
MERS requires those which use MRS'database to be members of MRS.
of
CInly those taking specialized training, who ars of'ficers
authorized to be certifuing officers of MERS, Only certiSing officers of MRS may sign
documents on behalf of MERS.
36.
CIn March 29,2811 then
member companies, re
PlantiffMelvena Alexander, an Unmarried"Vy'oman,
after several attempts to quali$ fbr redrctan in ffiorlggs terms and severl attempts and
modification requests" and then as prior noted that f,ollowing some recavry from severc
illness in Becember 2010 thrnugh January ?011 requiring hospitalization further effecting
her economic cirsumstances then entered into a Loan Modification Agreement she had
10
staed long prior to her illness onset" once again assffrling to amend the Note, and the
11
existing Security Agreement, tcgether, {the "[,'oae'] providing for *tep interest rato or
1)
3.5% fsr the first two ysars cornmsncing on May 1, 201
13
of the modification until irs rnatur on July 1,2t36, see Instrument No. nll48257
L4
attached on xhibit 3 with
t5
37.
l,
and thereafter, 4.5% for the term
l/ells Fargo $ank, l.T.A., Iisted acting as lsnder.
After fuIrs. ,lexandcrs recsvery she had stabilizd but was experiencing
16
difficutty maintaining the stabilization, end once again affecting finansss,resulting in the
77
loan becorning thcn delinquent and baek
r8
attached herewith as Exhibit
19
ditrcult consideration early i.n Decembsr
20
Bankruptcy. Mrs, Alexander then very ill with Pneumonia entered the hospital again in late
2L
December 2012,
22
38"
in
foreelosure s
of
September 9, 2012 and
4, V/ith her health experieneing frrrther declining,
of
212 deeided
to filsd a
after
Chapter
13
On January 5, 213" Melvena Aiexander passed v/y shortly before her 89
birthday. .t the time of her death, just over five and one half years after original
loan
24
initiation, Mrs. Alexander also had dementia. The Plaintiff is executor and personal
25
representative fbr the Estate of MelvenaAlexander, and inherited the Property.
39.
Plaintiff Dennis R, -4.lcxander
add.ressed
the courts for the Chapter
13
2'7
Bankruptcy as then becoming personal representativc fsr the Estate of Mslvcna Alexander.
,n
't
The Bankruptcy (Case No, ?'12-Bk-26i45-SSC) was then wrapped up through sevrl
hearings and then dismissd in late May earJy June of 213.
40.
Plaintiff Dennis R ,{lexander brought the properff loan current on June 20,
2t13 in the amount of $6?,433.7 rnadc payabk to ASC attached hereto as Exhibit 5 and
comtnRcd to undertake assumption and modificatiofl processes whjch are later discussed
herein.
41.
s of July 27,2tt6,the MERS ServicerlD system shows the servicer of this
Loan is Vrils Fatg,o B+k",,1,'{.,,,#b1a.d.mricql*.."prvicing."p.pgny, and that the Loan is
'ointivs'" on the MERS systm. When Plaintiff aftempted
1"0
tt
ccs the page prcviding
"inyrstor" information, wnryy.fners-st-vicp#d.prg the investor vae again listed as lilell*
Fargo Banko N.4., dlhla merica'* Servieing Company" A copy of the MERS $ervicerll)
l/
sy'stm page
with the albged servicer and i*vesfor information on this Laan is attached
xhibt 6 and 7, respectively. This inforrnation is false; The June 22,2'15
13
as,
T4
of Trustee's Sale shows the Curent Benefciary listed as Deutsche Bark National
L6
Trust Corrrpany" a Trustes for First Franklin Mortgage Lori Trust 2t6-FFl1, Martgage
Pass-Through Certictes, $eries" 206-f'Fl l, c/o I#ells Fargo Bank" N,., as entity{ies}
L1
allegedly in the most recent chain of title.
15
18
I}EUTSCHH BNK N,TTONAL TRUST COMPAFTY AS TRUSTEA
S'CIR
19
FIRST FR.{NKLTN MCIRTGGE LOAN TRUST ?06-FFrIo MORTGGE
2t
FASS.THROUGH CERTIFICATES, SERIES, 2O6.FFT
2I
42.
The efendants have rcvealed: After ths sale of the Plantiffs' subject loan,
l,
22
and to the best of its knowledge and belief from on or about August
?
LJ
Pooling and $ervicing.,greement ("pS"), then via Prospectus frlings dated August 15,
24
2006 with Closing ate sn or about September 6, 2006. First Franklin Financial
25
Corporatian acting as seller who bought the loans ("First Assignment") from the
26
Originator First Franklin, a division of National Ciry Bank of lndiana and other qualified
2'l
correspondents of National City Bank, sold them to the Sponsor known as HSBC Bank
2B
LJ
20CI6
via the
USA, N,A ("Second Assignment") and the Sponsor then in turn again sold the Mortgage
Loans
to the Depositor known
as HSI Asset Securitization Corporation ("Third
Assignment") also on or about the Closing Date September 6, 206. $/ells Fargo Bank,
4
N",{,. is Servicer" Master Servicer, Securities Administratcr and Custudian, and Dntsche
Eank Natjonal Trust Company" Trustee. First Franklin Mortgage Loan Trust 206-FF1
l,
Pass-Through ertifcates, Series, 206-FFI L
43"
I
I
The FS.A was entered into by HSI Asset Sesuritizalon Corporaion (The
-'Mortgage
Lofft Sellet''), lVells
"Depositor"), First Franklin Financial Corporaion (tbe
Fargo Banlq N.A. {the **Servicgr", "Master Servicer", "Securities Administrar" nd
1"0
"Custodian"), rld Deutsche Bank Nationl Trust ompany (the "Trustee"). The FSA was
1l-
fild with the Securities and xchange Commesion on Septernber 28, 2A06" with an 8-
L2
Kl..2
t"3
hgBs//.:yy{wjsp.,,epyArshivps/dsar./dat?/13727J9.103011S4?P40,#S40147,1V0s128-xa-
L4
1.htrt
1
I
44.
15
The PSA states that thc Sellw transf,rs to the Dopcstor, withsut
recurss, all the interest of Seller in eash Mortgage Leaft, and that Seller shall deliver
L7
by the Closing Date of Septernber 6,2t06,the Mortgage File for each Mortgage Loan,
r"g
to thc Depositor or Trusfee. See PSA, and definition of "Closing Date" on pge
r9
the PS"4,.
l9
CIf
20
2L
43.
The epositor also transferred to the Trustee, "for the benefit of the
22
ertificateholders, without rourse all the interest of the Depositor in the Trust Fund... ""
23
epositor was also required to deliver, in conectio with the 'ansfer sf cach Mortgage
24
Lcan, '*for the benefit of the Certificateholders""' the original lvfortgage Note, endorsed in
25
o
27
2 The entire document can be found at

hupq,/'r.w1v.sc.eov/,rclivee/edgar/datd13?2799/0Ql
2B
t.htm
16
l4#20{06040147/v0J3628"-Fx&
blank without recourse, and the original Mortgage along with an executed assignment of
the Mortgage together with any interim recorded assignments.
3
4
46.
The relatd Assignment of Mortgage to M$RS has becn duly nd properly
recorded" or has been dei.ivered f.or recording to the applicable recording otlce.
47.
Book-Entry Certifcates shall at all timc rsmain registered in the name of
the Depository or its ncminee and at all tirnes: (i) registraticn of the Certificate$ mtty not
be transferred by the Seeurities dminishator except to .nsther Depository; iii) the
Depository shall rnaintain boonfiy record* with respect to the Ce*ificate Owners and
with respect
tCI
ownerslrip and trans&rs
of such B*ok-Entry Certificateq (ii'i) ownership
10
and ransfers ot'regintration of the Book-Enny Certificatss on the bsoks of the Depository
11
-tr
sirall be governed by appcablc rules estblished by the epository; (iv) the Depositary
L2
may collect its usual. and cusfornary fees, charges and expeRses ftcm its Depository
r.3
Pa*icipants; (v) the Securifies dr*inistrator shsll del with the Depository, epository
14
Participants and indirect participting fimrs a$ representatives of the Certificate Ourncs
of
1"6
the BohEntry Certificates f.or purposes of exercising the rights of holders under this
AgreemenL nd request and directions f,,sr and vctes qf such representatives shall not be
L'
deemed fo be inconsistent
t8
and (vi) thc Securities Administrator may r*ly and shall be rlty pratected in relying upon
r9
information furnished by the Depository with respect to its Depository Participants and
2Q
firnished by the epository Farticipants with respect to indirect participating frrms and
2L
persns shown
22
Ce*ificate Owners.
l_5
48.
24
25
on the books of such indirect participating firms as direct or indirect
The transfer of the Mortgage Loans \ra$ to occur on r befcre the Closing
Date of September
49"
if they ar made with respect to different Certificate Owners;
6,7t06.
The Trustee: Deutsche tsank National Trust Company, a national banking
asso*iation, and its successors in interest and, if a sucessor hlstee is appointed hereunder,
27
such successor.
2B
3.-l
50"
"Certificateholder
Certificate"
51.
,le Ferson
or Holder" is defined With respect to a
Boak-ntry
who is the beneficial owner of such Book-ntry Certificate.
The Certifcateholders of the Trust are thcrefore the Note Holder/Lender
under the Note and DOT"
52.
"Mortgage Loan" is defined in the PS,{ an individual Mortgag Loan that is
the sub.ject of this .4"greement, each Mortgage Loan origiually sold and subject to this
Agreernent being identified on tl'le Mortgage Loan Schedule, which Mortgage Loan
I
I
in*ludes, ryithsut limitation, the Mortgage File, the Scheduled Payments, Frincipal
Prepaymentt, tiquidatin Poseeds, Subsequent Recoveries, Condemnation Prtceeds,
10
Insurance Proeeeds, RE Disposition proceeds, Prepayment Chargesu and all other rights,
11
benefts, pr*ceeds nd obligations arising ftorn or in ccnnection \41ith such Mortgage Loan,
L2
excluding replaced orrepurchased Mortgage Loans.
1?
53.
"Mortgage File" is defined in the PSA as,fhe mortgage documents including
14
but not limted to the *riginal Note, original &Iortgage" and assignments, credt
t5
residential loan applicatio*s, urvey*, etc all,

54. *'Trusleel' is dc{Tned as Deutschs Bank National Trust Company.
I6
L"l
1
55,
56.
The P$,4 is silent on legal jurisdictio*.
The MERS Servicerl which clairns that Wells Fargo Bank, N.4., n.B.A,servieing Company or "Deutsche ank National Trust Company as Trustee" is
19
"4"mericas
the'"Investr" or "Beneficary" on th Loan, is false.
2T
report$o
57.
?rl)
On a June 16, 2009 Corporate Assignment of Deed of Trust (aftached on

there are rnultiple enfi:rceability issues including 1) MERS supposedly signs
22
Exhibit
it as "nominee." A nominee has .iO LEGALLY ENFRCE.A,BLE INTRST in anything
that it can assign therefore the Assignment s void 2) Jennifer Hamlin is not an Assstant
25
Secretary f.or MHRS and she is not a Certifying
that at the time she worked for Titany
27
T&B employee (the notary); 3) tlre Assignment purports to assign the Note but MERS
2B
&
fficer fbr MERS. Plaintiff
Bosco
r8
("T&8"), and
understands
Paula Cruntmeir also a
nrver had the Note and cannot assign it;4) tl text of the Assignment states that DBNTC's
"Attorney in fact" V/ells Fargo Bank, N.A. (WFB) is assignirg thc DOT, however it
is
signed by MERS as nominee sr the Assignment is internally inconsistent and is therefore it

l
is void"
58.
On the Jtne 16, 209 Substitutirx of Trustee {attached on Ex}tibi;t 2-2}
THIS I$ ATED JULY 16, 209 so there is a date problem, it ws recorded rne
'l
16, 209 and sc date is herewith noted. This document repeat* the problems fror thc
I
I
Assignment, as Mark S, Fosco
of T&B appoints himelf, puoring to sgn under a
lirnited Power of Attorney, but the signer is listed as I}BNTC,as Trustee by its ttorney-i-
10
fact WFB and so Mark S. Bosco of T&B would have to produce a Limited Power of
L1
Attorney appointing him attorney in fct far \4fFB" and WFB would have to produce a
L2
Power af Attorney showing it is attorney=in-fact for BNTC as Trustee. It is alleged bascd
13
14
1.5
this info
&
belief that these documents, do nat exis! and also that the Substitution is
void because it depends tbr its entbrceability on the *{ssgnment" which is void,
5,9.
In th June
zZt
15" 209
Notice of Trustees Sale {nttaehed herewith fur refer*nce
6-t5-ad regcrded June 16, 2009 is based cn the void assignment and void
L6
on xhibit
17
substitution. This NTS improperly and incornpletely lists. the beneficiary as "eutsche"
18
First Franklin 2006-FFtr l/\trF"" That is T&B srror as T&8, *rey aro supposed to properly
r.9
list the beneficiares name and benssjeries address, and not to be in care of the servicer.
?0
21
60.
[n s relatively larger issue, the Loan modifisation agreemnt dated as of May
}fr"2A11, signed by Melvena,A,lexander acknowledged as of April 4, ?11 (please
see
23
xhibit 3, "Modification -Agreement" recorded on June 9, ?011, attacl:*d herewjth and the
*'Cancellation of Trustees Sale" on Exhibit 24 recorded prior thereto on April 22,201I>,
24
says that V/FB is the lender. Servicers are then stating that WFB is Lender and WFB
E
-J
signed and recorded this.
22
26
27
28
61.
Ln an ,4pri1
5,2AI2 Second Asoignment "CorporaTe Assignment of Deed of
Trust" recorded on April 1,2012 (atiached herewith on Exhibit 3-l) MERS

19
as nominee
AGAIN purports to assign DOT to DBNT
nominee (noted above), so this is void. Plaintiflwould asserl that Theresa Larson in lowa
quite possibly works for WFB. MERS is not based as far a$ we know in [owa, therefore
Theresa Larson we bciicve is not an authorized Certifrying Officer for MERS, and thsrefore
this second Corporate Assignment
MERS cannot A.IN assign what it already assigned back in 20i)9 and therefore asserts
that any interest it had is gone, ss this assignment is VOI. Also this purports to assign
tf
as Trustee, MRS cannot assign anythng as a
Deed of Trust is void. Plaintiff noles that it believes
I "all moneys nw owing.".." which is a vsid assignrnent because of the fact that MERS
I n/er had any interest in the money owed. Additionally this is void Plaintiff believss as
r.0
U/FB is supposedly the Lender per rnodifiration agreement and therefore beneficiary and
11
Lcnder must be onc and fhe same enlity, so MFRS
L2
Trustes" aecording to all the detail and information dccurrented in the second Corporate
13
Assignment of Deed sf Trusi.
1.4
62.
i* not Lende nor is DBNTC as
Further do the above heeinabove lsted facts the August 31,2012 Notice
of
:.5
Substitution of Truste* reorded on Septernber 6,212 ilisted on Exhibit 3-2 attached) ta
r"6
lst American Title Insurance Company is void because t depends tbr its validity on prior
L7
Assignment and both Assmerrts are void as alleged and.listed herein above. Now WFB
1.8
claims just to be servicing agent, whn in May 201
(plpasc see xhibt 3) it claimed to be
r-9
Lender.
)(\
63"
2T
September
22
Substifution is void, and lst Amerjcan Title Insurance Company cannot legally.have set
23
sale. Also the NTS again is claiming DBNTC as Trustee and is benefrciary when as
24
May 201I (noting Exhibit 3) claimed WFB Lendcr (further noting Lender and beneficiary
?q
must be the same under ARS 33-801(1).
Plaintiff belicves further therefore
1,2012
(attached
Trustees Sale Notice (NTS) of
on Exhibit 4) would also be void
26
27
2B
20
because the 2012

a
of
64.
Plainfiff again notes his intercst in the properry as Trustor/fee simple olvner
is based on being the beneficiary of the Bencficiary Deed datcd October 27, 2tl2 and
Melyena Alexander"s passing on January 5,2013.
65.
Jc
(see xhibit
January 21,214 as seryicer fcr DBNTC as Trustee is void, because DBNTC as Trustee is
'7
not the true bencfeiary because bcth Assignrnents above discussed and noted are void, and
also in b{ay 2011 whereas WFB claimed ts be Lender (Exhibit 3 refereneed).
66,
In addjtion to the absye herein" the January 10, 2014 Substilution of Tnstee
5-i heresn attached) to Quality Loan
Servce {QL$) by WFB recorded as o-f
Th February 25,2014 NTS (referenced by .xhibits 5*1, 5*?, 5*3 attached),
3.0
the September 16" 2t14 NTS (referenced by Bxhibits 5-4 and 5-5 attachsd) and the June
1"1
I9,2015 NTS (r*ferenced by Exhibit 9 atf,ached) as all three noticed by QLS, that all three
L2
are void due th* Substarti*n li*ted just abave is void
sCI
QLS cannst legally set
51,
at
r.*
,dlsc becausa document notice*l says DBNTC as Trustee is Beneficiary, r.ryhich it is aot
because of tw void Assignrnents listcd above and l/FB clairning to be tender as of May
:-5
?tl
L3-
6?.
1"6
n Septernber 4, 2009, attomeys fcr DBNTC filed a Petition in range
17
County $uperior Court in Calif:onria" ca*e No. 3-20CI9-030317-PR-TR-LJC. ln that
18
Fetition, DBNTC confesses'that "[w]ith few exceptions, the Trustoc does not know the
r9 names and addresses of the bereficial orvners of the Securities [backed by pnols of
mCIrfgge loans], who can trade
2Q
or otherwise transfer their cwnership interests
23,
at ny tirne without affeeting the registered ownership of the Securities." The beneficial
22
o\rynsr$ of the Securities, according to the
23
state and local governments, federal goyemmnsponsored entities, "and other investors
24
residing throughout the United States and throughout the world.'" A copy of the Petition
25
Deutsche Eank Natisnal Trust Company is attached herelo as Exhibit 8" See Petition fltl 3,
26
4.
DNTC, are r:utual funds, insuranc companies,
"t
2B
a1
LL
of
l"
il/
//t
68.
The DBNTC Petition lists the Trust at issue here, as one of the Trusts at issue
in thc Petition. Accordingly" even the Tustee of c Trus*, DNT, ha.no idea who the
investors ars, ,who arc potential Note H*lders with tho right to enfprce the
Petitiorr Exhibit 8.
Note.
,See
.?
I
g
LON MOIFICTIN' TTAMPTS
69,
Aftsr PlaintiffDennis R lexander brought the property loan curent on June
10
2A,213 in the ffiout of $6?,433.6? made payable tc ASC attaehed hereto as xhibit
r"L
Upon delivery of the payment Plaintiff at the enouragernerrt of A$C and lt/ells Fargo
3-2
began Assumption and Modification presses
1J
loan and initiate modification proce$ses t$ a trower interest rate preferably as the additisnal
14
debt was a signifcant undertaking in its present form and Plaintiff wanted to keep the
15
properfy for family, sentimental, and business pu{pssss.
16
7A.
L7
indicated
to both fully ssume the nsn qualifying
Upon initiating the procestes, the
it
5,
.A,SC
/ Wells Fargo processing
team$
would be an expedient prsessl however upn retur*ing infonnation {br the
t9
Non Quali&ing Assumption and modification docs, one of the pages for the '4"ssumption.
set was lost which began serious delays, which became a starting over and aught wtih
20
stall lactics by the ASC / Wells Fargo team, and later then re.iected. Flartiff again in effort
2L
to keep the property as business offiees which has ben active for years there in separate
22
quarters, plus the sentimental vaJue" necded
23
estirnated 2o/o loan to accommodate feasibility or being able to handle requirements for
24
finances and other business and personal priorities and considerations. The attempt was
25
unsuccessful, Plaintiff was told in late 2CI13 that President Clbarna had changed the rules
26
for modifications and assumptions whieh would affect assumption of the loan and other
protesses.
1B
28
to
reduee th.e m<lrtgage payment
to
an
?1.
Receiving promotional materials and again treing encouraged via djscussions
with ,ASC l/ells Fargo then in early
assumption noting the rules had again changed. ,Again after submission of all materials and
completing all requests then by March cf ?014 modification ws denied based an thc loan
2CI14
Plaintiff submitted for anther modification
and
not being currnt tn complete the assumption proeess. Plaintiff again discouraged then
6
7
brought the loan cunent on April 29,2L4 by bank wire in the amount of $49,?15.
72,
Agan having atternpted to gain traction on
prCIcesses
fr mod'lication and
assumption, with the loan frlling behind lte 214 Plinriff brought the loan fully current
q
1"0
nn January 79,2015' a'y bank wire inthe amount of $47,428.09.
?3.
In March, April and May 2015 Plaintiff receive several
a positive oullook To subrnit flr a
correspondence
modification
L1
letters once agein presenting
L2
assumption prress. Plaintiff once again began the process which becarne grueling in
13
e:lery detail but was hopefirl this tirne would bring n approyI, and finally the assumption.
T4
After
ome tlrree to fire, months the proecss r/as denied riglrt at the end of completion
15
stages
to move to kial plan for unkncrrn raasCIns and during that period on June 22,2015
1"6
the lon had gone back intc fbreclosure (see Exhibit 9) which became suspended &r
L7
pericd of time during these proceses until once again modification and assumption was
1,8
denied.
19
74.
and
Thereafter in S.lovember and December 2015 new mateials cme once again
va mail ndicating assistance was availabte for modi{ication and or other
/process. Flaintiff rclctantly called back in and after another encouraging discussion with
assistance
Wells Fargo via ASC Mrs" Tina Hawkins in th Horne ffordable HAMP or RM
23
department oversight started what would be the most significanl attempt to initiate and
.t
camplete a dual modifcatian and assumption protess. The process and re entry vin
25
submission of all paperwork and data ws csornplished in ecember 2A15 and early 216
and appeared to have moved forward this tirne along with the dual assumption and without
a'7
being uffrnt on the loan and in latc March early April of 2016 was finally approved for
28
23
final submission and decjsjon by the underwriter. The decision was rend$red a denial by
the underr,vriter on pproximately April 25,2A16 which assssd the Plaintiffhad made tos
much incoms to qualify for the HAMP progran, but ofiFered an appeal period of 3 days"
Plaintiffsubmjtted an appeal on May 21,2t16" The appeal which was beljeved to support
meeting the guidelincs for the modification process, and the rea$ons and
docurnents, and hardship updates, and why the calculations should bc carefully revieraled
"t
again, but was again som two week* lhercafter denied stating the review indicated thare
was no change in Plaintiffs circumstances per the appeal review again by underwriters,
even though Plaintiff prcvided supprt. After being somewbat mystified to Thc respsn$e
1,0
then wher inquiring why Plainiff cauld not even rneet the new SFeamline HAMP
1i"
prsgam
Pl*intiffbsing surprised again then reiterated the several
1?
fi.rlly non quali$ing loan assumption process for this fully sssumable non qualiing lnan
1tl
and noted especially all rhe tirnes when the loan was current and not in defbult submissions
L5
irere mnde, and again
16
?5"
it was indicatcd that the loan must
full
supprt
be assumed fbr that prngram to be utilized,

tim$ ttempted to accomplish the
Flainffwas told we can't help you..
Dsfendants again, in July" 216, upon a call by Plaintiff fo request to see
if
T7
he eould give the pmcess one last try, u/as ncouragd by Defendants to apply the onc last
1Q
tirne fcr a H,AMP loan modification based on a change in circumstans. Plaintiff cgirr
19
submitted al.l documents requeste.d to be sent to the re entry team and call to check in a few
2n
days as to the sttus, Upon a status check approximately July
21
the application at the re entry level and other levels including supervisory and the
L:
given to Flaintiffom spending several hours over severl days calling rruas,
will not do any modifications"" nd or 'there
24
etc. of which was debafed. Plaintiff made the comment to one or more defendnts that t
25
was beyond reason just why the investor or Defendants then would be in effeet ultimately
misleading frr almost three years as to availability of. the prCIosss that wer advertised,
27
and promoted, and of course discussed undergoing so mny work effolts and so mny
28
7,2t16, defendants declined

nnTh
rasCIn
Investor
has been no change in your cirumstances"'"
24
times.
/)
LOAN DCICUMENT.A,TION CH,{NGES ANI} FORBCLOSURI CTIVITY
76.
As sophisticated financial service providers, all Defendants knew the terms
of the Note and T and the law; that MRS could not legally be the trus beneficiary and
nver pCIs$es$ed the Note, and that therefo're the representations in the First Assignment
regardng MERS' transferring the Note and DOT were knowingly
Assignment is void as a malter of fact.
I
9,
10
77.
false. The First
The First $ubstitutisn is also v,aid, because it depends, for its legality, on the
validity of the First Assignment, which is vrid.
?8"
Under A,R.S. $ 33-SS(C){5), the I'ITS msst contain the name and address
of
11
the beneficiary. The T"{TS prepared and recor-ded by QLS, se ttthd cn Hxhihit 9 and
t2
pursuant tc which Defendants then sought to foreclose on
L3
1_4
*DBNTC"
\r'os
Flaintiff
home, claimed that
the beneficiary. The Defendants knw that'*DBNTC" could not be ths
beneficiary as the First Assignmsnt u's invalid and void, and the,'Lon had been sald
1-5
ints the Trust, making the ertificatholders of the Trust, the only true beneficiary
16
Note Holder/Lendr" To be a truc beneficiary, that entity must also be the Note Holder and
1-7
Lender; only that entity can be secured by the
1"8
79"
AII
and
ntT,
Deftndants, s sophisticated financial service providers,
of
the
L9
conflicting information as t the tru beneficiary; the repr.esentatipn that "BNC" was
2'0
the benefciary, placed in the reeorded NTS, was-knowingJy false.
2t
8.
The Lender never notified QLS in writing of an alleged default and af the
Lender's election to f,areclose on the Properff, which is required underthe DT, QLS was
23
not properly appointed Trustee undr the DOT, and had not received any written
instruction from the Lender to regarding default or lectian to foreclose. QLS was
24
1(
26
)1
2B
tlrerefore not the gent of the Lsnder. The First NTS is void.
81.
Because the First Assignment is invalid, the First Substitution whie h depends
on the validity of the First Assignmnt is invalid as a matter of frct, and the First NTS,
25
which depends on the validity of the First Assignment and the First Substitution, is also
invalid.
82.
Further, failure of QLS to confrm a default through the orrly entify which
can declare a default, the Note Holder/Lender, and the failure to provide the identity of the
tr-us beneficiary and thc beneficiary's address, violates Arizona
i;
33-807{A);
33
83.
statutcs.
See, e.g.,
A,R.S.
{i
-808{CX5),
The NTS is void bcause: (1) QLS never received a writing from the Lender
declaring a default and electing to foreclose, a condition precedent to initiating foreclosure;
(2) thc NTS is not signed by an individual with legal authori to set a Trustee's Sale on
10
behalf of the Lcnder/.tole Holder, or even on behalf of DBNTC or QLS; 13) QLS was nst
11
legally appointed Tnrstee;
l2
and invalid; (5) the Tmst*r nvsr received a writing from the Lender giving her 30 days'
1
IJ
L4
fi)
the First.Assignm*nt upon wirich the NTS dependr is vcid
notice to reinstate thc toan: (6) it violated A'R.S. f 33-808iCX5), 33-8?().
84.
Under A,R.S. $ 33-S9(C), the Staternent of Breaoh or Non-Ferformancc
must be signed by the beneficiary or its agent, The Sfeternent of Breach or Non16
LI
18
19
2t
2L
22
J
24
25
26
23
2B
Perfo.rmance is signed by no sn, brl Ma*ha Sanchez nm is typed in for QLS "as agento'
of DBNTC. QLS claimed that the beneficiary clected tc foreclose, but in fact QLS never
received such n eleetion f,,rom the true bcneficiary and Lender. QLS was not even the
legal agent of DSNTC as Trstee for First Franklin Mortgage toan Trust ?006-FFl
l,
Mortgage Pass-Through Certificates, Series ?06"FF11, in any eycnt. QLS claims that
there was
a.
breach of tlrc Trust eed, consisting of a payinent default
principal and interest, and other amounts. T-his
State-menT
in installments
tf
of Breach is void and invalid,
of the true beneficiary, which must also be the Note

llolderllcnder" which entity nver \ilrte to QLS and declared a default and elected to
because QLS was not lhe agsnt
foreclcse.
85.
No efendant can legally initiate a trustee' sale without Plaintiflos reeeving
a writing from the Note Flolderllender giving her 30 days to crfe any alleged default" and
wirhout the Lender-s writing to the trustes of the OT, declaring a default electing to
26
for*close on }re Property. Failure to satisfy these conditions precedent will be a breach of
Note and nCIT, and a violation of Arizona statute, ,R.S. $ 33'807{A).
/l/
il/
5
///
///
t/1
I
Sq*YTSIT T*4-NSTERS BF TII&
L0
86,
11
TY.N
The identity o:f the fue Note Holderll,ender with entitlement to enforce the
12'
Note and OT, if.any, is unknswn; the Note w*s to have been endsrscd and provided to
t3-
the Trust in 2006; the DOT has never validly been assigned ta the presnt Nots
1,
Holder/Lender, ifany.
8?.
15
None of these Defendants has authoris to enf.srce the Note; no efendant
t6
bcth possesse$ the Note and was atso entitled ta payment, as required by the clear
17
contrcf$al tsrms sf the Note.
S8.
t"B
1.9
*{t Loan initiation, the Lender ws secured by the DCIT. Tht secunty
hus
been nullified by assigning the OT to multiple entities nof the Ncto Hnlder in violation of,
20
the PS rith th result that the Notc and DOT are split. An assignment of a deed of trust
2T
without the note; is a nullity; tbe DOT must be released.
89.
.'),t
23
no f,ru$tee,s salc cn be initiated"
90"
24
25
Nc Defendant is the true beneficiary and the Note Holder/Lnder, therefore,
Any entity which is the transferee or holder
o,f the
Note, or the assignee of
the Deed of Trust, is sudect to any and all affirmative claims and/or def.enses the Plainti
26
could have assrted against First Franklin A Division OfNational City Bank Of Indiana
27
{*FFNCB") as the criginator of the loan, or any other legal entity in fhe true chain of title,
28
t/1
27
t"
COUNT ONE
DTCI*ARAITN RE CONTRACT RIGHTS TT FP.-IRTIE./IACK OF
STANpI{G*T0,ENFCIRCE NIE A.N I)EE Or TRUST/\/Or ASSINMENIS
TRUSTE'S SA,IE1 VAATE "ypl DPjUil E{TS

{ALL DGFENDANTS)
tr
6
7
B
I
1.0
t1
91.
Flaintiffrepeats and realleges evrJ allegaton abovc as if fully set forth
herein.
92.
Plaintiff sesks a declaraticn and crder &arn this Court regerding th.a standng
af *he Defendants and the rights of th pa'rtieswith respect to tbe Note, Dsed of Trust, and
the validity and enforceability of thc Assignments, Substitutions, and NTS.
93.
The Note specifically stte$ that in order to be the "Not Hlder," one must
Onl
L2
have taken the Note by transfer, and be entitled to payment.
13
may dernand paymen! acelrats the balancs under the Nofe, elect to fore.close, and tsll
t4
the borower and trustee of the' de,fault and its election to foreclose. Only the Nots
't
llolderlf.end,r rfi1l enfarce the rights under the Note, xnd only lha Nce Holder is
*om
lasses by the Deed
of Trust"
Exhibit
l,
the Note Holder/Lendcr
nd Exhibit
?.
16
protected
1V
Holderllender is the only entity whch may be the beneficiary under the deed of trust
1t
stafutes.
L9
94.
2A
?,L
22
3
24
25
26
27
2B
The DOT states that
if applicable
,9ee
The Note
law is silent on a subject, the parties may
gr to whatever temts they choose.
95.
The Arizone statuts governing non-judieial foreclosures do not specifcally
require fhat a foreclosing entify produce the original note in rrder to foreclose. The
statutcs do not prohibit that requirement, either; the statutes are silent on the issue.
96.
The DOT states th.at only the Lndcr may send written notiee to the trustee
of
an eyent of default" and of the election t causs the property to be sold. The deed of trust
statutes do not allow the trustes to initiate foreclosure without a default. A,R.S. $ 33-
807(A).
9'1.
The Notc defines the Lender as "anyone who takcs this Note by transfer and
who is entitled to recaive pyments undcr the Note,..." Therofor, to identif the Lendcr,
that entity must demnstrate that
receive payments under the Note.
98.
ii took the Note by transfer
and that
it is entitled to
,{s futly set forth iR, without limitation as listed herein above, rhe
document(s) prepared, signed and recorded by the fendants, to take Plaintiffs hame,
and the letters addressed to Mrs. Aiexander, or lhe Estatc of Melvena Alexander, dc not
I
I
IU
:"L
comply with the terms of the Note and OT nor with applicable statutes. The
ssignments, Sabstitutians and NTS contain dcfects which rcnder the dacumnts, as a
matter of &ct, vsid" invalid, and unenfcrceable.
99.
Undsr the lr{ots and OT and applicable law, any attempt to nitate ansther
12
sale or fioreclose on Plaintiff without proving status as the Note Holder/Lender and tre
L3
beneficiary, and otherwse being in *ampliancc with all contract terms, s invalid.
14
15
L6
1?
r.8
19
2Q
2L
't
LL
23
n
L'
25
26
27
2B
l0.
Under applicable law, the Defendants cannot fsresloss without complying
with the statutory requirernents to do so.
1t1.
If any DefendantlDefendants
are found to he priies to the Note
that/those Dcfcndant/Defendants hasltrave breachcd the contraots, and failed
rr IIOT,
to fallow
applicable sttutes and laws, as set forih above.
rc.
If the lfefendants
are found. not to be parties or agents of parties to ths Note
or DOT" as is alleged above, Defendants have no standing to enforce the Loan or initiate or
conduct a foreciosure of the Properlry.
103.
Plaintiffs sesk a declaraticn
rr
an Order frorn this Court, that pursuant to the
Note and lleed of Trust" ontry the Nte Holder/Lender and true beneficiary may pursue
foreclosure" and that the Defendants musl therefore provs
their status s
Note
Holder/Lender and true beneficiary, before they may be allowed to initiate or nduet
Trustee 's Sale.
104.
Plaintiffs seek a declaration cr an Order from this Court, that no Defendant is
the Ncte Holderllender, nor has any Dsfendant sought foreclosure as the legal agent of the
29
Note Holdcr/Lender. under written dirsction frsm the Note Holder/Lcnder as required by
theNote and DOT.
105.
3
4
limitation,
106.
Ths First Assignment demonstrales tht MERS was
i* possession of the
of
the parties to the PSA and by agreemenl cf the tendr and MERS as set forth in the DtT,
the Note and IIOT have ben split sinee at least Septerntrer 6, 20, with the Tnst
DOT, while th PS states that the Not* was in ths Trust. Therefore, by the agreement
possessing thc Note and MERS possessing the DOT.
It|.
10
1"
The First Assignmenl is invalid and void as fully set forth in, without
r-
that the DOT be assgned to the Trustee and that assignment be recorded, wi{hin 3t days
It$.
i"3
The First Substitution is void and, invalidn, as lly set forth in" without
limitation,
Itg.
llt.
15
i-6
)^7
of
the N*te to thc Trust. This was not done.
L2
:"4
MRS did not posscss the DOT as an agent f the Lendsr; the PS required
The NTS is vsid and invalid as fully set fsrth in, without lirnitatiorl
The Second Assignmnt is void and invalid as fully set forth in, without
limi.tation"
111. The Third Assignment is void and invalid as :lly set forth in,
The Fourth .ssignment is void and invalid as fully set fbrth in,
ll2.
I13. A note and deed of trust are inseparable, If a note and deed cf trust are
to
1"9
separated, in tat the Note Holder/Lcnder and the beneficiary CIf the deed of tnst are not
2T
22
the sane individual or entity, th nste becomes unsecwed, when thc entities cre not
priacipal/agent.
23
24
3
26
27
.
///
114.
Th Note and DOT have been separated snce on or about September of
2At6, and the benficiary under the DOT is not the principal or the agont
cf
th
Certificateholdcrs of thn Trust, or the Trust Fund.
115.
The assignment of a deed of trust without a legal transfcr of the dobt,

?n
J\I
?
J
4
transfers nothing.
I16.
The Detndants having voluntariiy separated the Notc/debt from the DOT;
the DOT $cures nothing.

I
1?.
Dcfendants seek to enforce the I'Tote and Deed af Trust. Because thc Note
has becn unseeured since on or about Septernber ?006, no Defbndant may legally pursue
forcclosue pursuant to the Deed of Trust.
I
I
l0
t" 1"
t2
L3l
1.4
:-5
16
L1'
18
19
2A
2L
22
23
2
25
26
J?
118.
No Defrndant has standing to pursue foreclosure, as no onc Defendant is
both the true beneficiary of the eed of Trust and also the Note l{older.
119,
Further, pursuant tc the fenas of the Note, only the Notc Holder an enfbrce
the Note through foreclosure or otherwise.
12.
Under the Note and DT and applicable law, any ttempt
tCI
assign the
benefcil interest in the DOT to another" or t nforce the DOT without ximultanecusly
being the Note Holder/Lendor, i void.
121.
At no time, has any llofendant been both tlre Nsts Hsldere*der and rhe
true beneficiary ofthe OT, simultaneously.
122.
The Satement of Breach and the Debt Validation Notice are both void and
invalid as ful.ly set f*rth in, without linitation,
123.
Plaintiff seeks a dsclaration
CIr
rder from this Cuurt that the, First, Secoad,
Third and Fourth Assignments, the First Substitutions and the NTS are void
and
unenforceable, and thal these recoded documents must be vacated, cancelled, nullified and
rescindcd and title clearcd of these groundless, false, invalid documents which also contain
material misrepresentatins, with recordings at the Maricopa Coungr Recorder's Office.
124.
Flaintiff firrther seeks a declaration or Order from this Court that no parly
may notice or re-notice a trustee's sale without proving status as Nots older/Lender and
true beneficiary under the Note and Deed cf Trust as affirmed by the Court, and sthervcise
romplying with ttre contrarts" and applicabl law.
125.
Plaintiff seeks a further declaration or Order ftm this Court tht the Note
and OT require that only the Note Holderllender may enforce the terms of the Note and
28
3r.
l"
ccelerate the balance, that only the Note Holder/Lender is protected by the eed of Trust
as security" and
Any other result subjects Plaintiff to the danger of multiple liability on the Note, and
endless string of false beneficiaries initiating void and invalid trustee's sales.
126.
only the Note Holder/Lender may initia foreclosure of th Deed of Trust.

an
Plaintiff soks a further declaration cr Order that no Defendant is tfs Note
Holder/I-cndcr and true benefeiary, that the.DOT has been rendered a nullity by separating
'1
it from
I
I
10
the NotE and that until an entify $n prove its status as Note Holderllender, no
entty may seek to enforce the Note.
1,27, Plaintiff is entitled
tCI
his attorney's fees and costs arising out of this claim"
pursuant to the Nate and DOT and A.R.S. $ 12.341.1.
11"
CTUNT TTVO
RE$H qr.coNTR4.cl
(ALL DEFNDANTS)
1"3
T4
15
L6
1?8.
Plaintiff repeats and realleges every allegation above as
if fully set forth
herein.
129.
Defcdants, ss n alteged beneficiary, ssrvicr, trustee" or alleged suctessor
TI
or assign of a p4rty to the Note and/or DOT, are all bcund in contractual privity with
18
Plaintiffs.
19
130.
ln purruing a Trust*"s Sale in violation of thc terms of the Ncte and DOT,
)n
$ set
fsrth in, among other places above, fhe efsndants have breached the Note
21,
DtT,
as rryell as the statutes whieh .r a prt of every contrct,
,a
LL
)'x.
24
25
27
28
131.
ond
In pursuing a Trustee's Sale in violation of the deed of trust statutes ard law
as set forth in, among othcr placeso are a part
of every ontrct, the Defendants
have
breached the Note and D0T.
l3?.
ln pursuing a trustee's sale in violation of the
cCIntracts and applicable law,
Dcfendants breached the duty of good faith and fair dealing implied in every contrct.
133.
Defendants' breaches of contract caused Plaintiff damages in the form af the
concrete and particularized injury
of the initiation of
32
foreclosure without per:forming
conditions precedent to a valid sale including failing to receive a declaration of default and
election to foreclose from the Lender, acceleration of the Note without authority, negative
amortization on the Note, late fees, perralties, accruing intere$t, trstee's fees, and other
fees which would not have been incurred but for the improper initiation cf, foreclosure,
attorne)'s fees, potential bond funds
m:dification consultng and accounting assistance, failed IIAvfF applcation attempts"
fbr an illegal
trustee"s sale, retention
of loan
and
damage.
I34.
As tbis rnafter arises out of contract, Plaintiff is entitled to hj* attorney's fees
and costs incurrd, pursuant to the contracts and pursuant to .R.S. $. 12-341,01.
L0
11
gREAC$
t2
L3
CUNT T}IREE
TH DUTT pr Qq F.{ITrI.A$q
(.LL DE'SINDANTS)
rAI4 p4Lr\LG
if
fully set forth
135.
Plintiff repeats and realleges ery allegation absvc as
136,
Ilcfendants are obligatsd under thc Notn and OT, thc First atrd Secnd
L4
:*5
the Firs! Second, Thjrd and Fourtil Assignments, the NTS (see Exhbits 4
16
t7
1fi
19
2
2L
and 8), and the omrnn law, to act in good faith ancl to deal faidy wth Plaintitr
l3?,
The purprse of this coyenant is to garntec that the parties rmaiR faithful
to the intend*d and agreed-upon expectations ofthe parties in their performanre.
138.
139.
The duty of good faith extends beyond the wrifien words of the csnfracts.
Tt'hen party or parties to a contract manipulatt bargaining power ts it#their
?2
own advantage, injuring the other perty, the party/parties with bargaining power breach
:t
-J
it#thir duty of good faitb.
24
25
?6
21
28
l4t.
Plaintiff reasonably expected that the entities which would seek to enforce
the Loan would be those legally entitled to do so.
l4l.
Plaintiff reasonably expected that the entities with standing to enforce the
Loan or thosc who appeared and claimed that entitlernent, would use good faith and deal
fairly in initiating and proeeeding with fbreclosure33
l"
142.
Defrndants and/or their agents breached thcir duty
of good faith and fir
dealing by" without limitation:
a)
hiding frsm Plaintiff the identity
of the true
bene{iciary by affirmatively
misrepresenting to Plaintiff that the true beneficiary was DBNTC, and c/o TVells Fargo
Bank, N.A. throrgh letters and the recording of lse documnts, and initiating or allowing
the initiation pf foreclosure without having a writing from the Lender declaring a default
and electing To foreclosc nd without confirming tht ths Lender had sent Plaintiff the
required 3t-day notice of defaul by allowing parties not the Lender, to masquerade as the
I
1,0
entitted fo declare deu.lt, acceleratc the balance, and instnct QL$ ta foreclcsc;
b)
hiding the identity
of the true Ncte
Holdsr/Lender
by
affirmatively
**investor" of the Loan as "seutsche Bank'" or'utsche Bank Trust"
7L
misrepresenting the
t2
cr "'Deutsche Bank as Trustee" through correspondence to Plaintitr- false recordings,
13
L4
15
i6
17
1B
19
2
and
false designations on the MRS ServicerlD;
c)
failing to comply
with
contractual abligatinns, including without limitation
allowing an entity, not the Note Huider and Lender, to declare a default, to accelerate th*
debt, and t initiate a foreclosure;
d)
initiating foreclosure without requiring that the Lsnder noti/ the Dced of
Trust truste, in writing, that the loan was in defult, and of an election to foreclose;
e)
seeking to proceed to Trustee 's Sale on clearly
invalid documenls, i.e., the
First and Second Assignments, the First Substilution, the NT$, the Statement of Breach
and Debt ValidationNotice, as fuily set forlh in detaii above;
2T
22
a2
knowingly and prrposely separating ths Not from the DOT thereby
rendering the Note unsecured, but afternpting to forclosc on the Properly or otherwise
snforce the DOT nevertheless;
24
c
LJ
26
hi
potentially recording groundless, false, and otherwise invalid docutnents,
including the First, Second, Third nd Fourth ,Assignments, and the NTS, which
contain material misrepresentations, clouding title to the Property; and
27
28
34
also
j)
rquesting Flaintift'to
fill
out no less than 4 separate complete HAMP loan
modificatian applications- and in spite of Plaintiffs fully perlorming bringing the loan
crrrcnt three times" and complying
with fi:lly
assumable docunent requests, these
Defrndants failed and refused to ofler Plaintiff pnnanent modification, and fu*her
failed and refrrsed to timely (or at all) process the tirre.e ther applications and provide
timely acceptance sr deciinatisn af,the applications.
''
143.
As a result af tefndants' failure to acl in good faith and with fair dealing,
in the form of a
Defrndan have caused Plaintiff concrete and particularized injury,
default claimed by tha Defndnts buf not asserted by the b{ote Holderllender,
of the Noto, attomeys" fecs and c.osts paid to stop an invalid truste's sale
1.0
acceleratiCIn
r"1
sought by entities with no standing to do so and without the Defendants' having performed
12
L3
t+
't
IJ
16
conditions precedent to a valid sale and to pursue an appeal, losses susteined, accrual of
default penalties and intcrcst, and other damages, as fully alleged above.
144.
.A.s
this claim arises out of the contracts bet$/een the parties, Plaintiff is
entitled to her attor:ney's fees and costs in*urred in having ta brng this claim" pursuant to
the terms of the contracts as well as A,R.S. $ l2-341.01.
T7
COUNT FOUR
YfJt*t I"CIN .F 4.i$, 3$:.L
(ALL DEFENDANTS}
1B
19
2t
21
22
)1
24
25
26
2?
28
145.
Plaintiff rspeats and realleges svery,allegation above as if fully sct forlh
herein.
146.
At the time the loan closed on June 1, 2t06, the Note gave Frst Franklin A
Djvision of National City Bank of lndiana, then the Lender and originator, the rlghr to
payments.
147
"
The Note rnakes it clear that only one who takes the Note by transfer,
g!
who is entitled fo receive payments, is the Note Holder.
148.
Numerous parties have rome fsrward, attempting
entitlement to thc Property or entitlement
to
dernonstrate an
to foreclose, through a claimed
35
interest as
t"
nominee on the Deed of Trust, as a beneficiary under the Deed af Trust, as a pulported
Not Holder, "o\rfier" of the Note" creditor, agent of a servicer or bene{ieiary,a substituted
trustee, or other undeclared, unspecificd interests.
149.
tl
As fully detailed above" those parties claiming interests were/are MRS,
First Franklin Financial Corporation acting as sellcr who bougt the loans {'?irst
ssignment") fiom the triginator First Frnklin, a division of National City Bank of
Indiana ad pther qualified correspandents
I
I
L0
11.
L2
L3
14
1C
IJ
18
19
20
21
?)
23
24
25
26
?1
28
kncrvn
as
Bank USA, N.,4, {"Second Assignrnent") nd the Sponsor tln in tum again sold the
Martgage Loans to the Depositor known as HSI Assct Securitieation Copnration (*Third
6,2tt6. Wslls Fargo Bank,

Administrator illd Custodian, and Deutsche
ssignment") also n or about the Closng Date Septemher

N..4..
is Servicer, Master servicer, Securities
Bank National Trust Company, TruEte, First Franklin Mortg*ge Loan Tzust 2006"F11,
MorTgage Pass-Through Certificates, Series, ,?006-FF11. The defective and void nature CIf
eaclr rerson/enti"s claim to the Fraperty is set fo,th in delal abo,ve. Each Ilefendant and
individual r entily lras actual laiowledge of the defects in the recorded c'hain of title. Eash
has contributed to the clsud cuffently existing oil the titl
16
17
sf National City Bank, Sponsor
represented
to the Praperry,
by the false, groundlrss and fraudulent dccunlent* recorded against
the
Froperty" which also contain material misrepresentations.
#/
150.
As is fully set forth in allegations above, no Defndant is the true beneficiary
under the I)CIT, as no Defendant is the Note Holderllendcr"
l5l.
Plaintiff is in jeopardy of rnultiple liabilities $nder the Note, besause thc tne
Note Holder is unknown. That entiry, as well as lhird parties, could cme forward
claiming an unsatis{ied intcrest in the Note, and may or may not be subject to Flaintiffs
various affrmative defenses and counterclaims. Under the Uniform Commercial Code,
Plaintiff pays the $rong entity, the debt is not discharged. Given the cloud on title
uncertainty surrounding the Nte, Plaintiff
and the
is cntitlsd- te proof of ths true Note
Holder/Lendsr, and the true beneficiary if any, to avoid this imminent danger.
Jb
if
-'
3
4
6
-1
.'
9
1r
1" 1"
t2
L3
1"4
15
L6
L7
l"B
19
20
2T
22
152.
The First and Second Assignments which purport to assign the T nd the
Note are void, s fully set forih in allegations above.
153.
The Third Assignrnent which purports to assign the
DtT
only are void,
as
fully set f,orth in allegations above.
154.
The F'i,rst and any other Second $ubstitutions ar void, as frlly set forth in
allegations abve.
155.
156,
The NTS is void, as fully set forth in allegations above,
Various ef,endants have recorded these void and invalid dacuments against
the Frcperty, without the legal authority to do so. Plaintiff is unable to determine which
of
the Defbndnts rrded the docur*ents, but all Defendarrts. pctentially have rccorded or
caused these dCIcuments to be recorded. These dosuments include, but are not limited to,
the three ts four Assignments, up to two $ubstitutons, and the NTS.
157.
documrnTs
Plaintiff has sufered a distnet and palpable injury from th* recnrded
all cf which re grondless, potentally contain false elains and/nr
mterial
his Property, in violation af A.R.S. $ 33420. The recordc'd

docurnents have again very potentially clouded the title which has or may have directly
missatements against
the ability to possess, use ard sellths Propcrf, es is his right.
158"
Plaintiff is enTitled t an order from this Court against the Defendants, that
rhe Plaintiffs title be quieted as against these void and invalid recorded documents, and
that the groundless and false recorded documents be declared null and void. with filings at
the Maricopa ounty Recorder's Office to that effect, and that all Defendants be ordered to
prave their status as Note Holderll*nder secured by a valid OT, before any of them may
l.sord any other documents against title.
23
159.
24
Plaintiff seeks the statutory sum of no Iess than $5,t00, or treble the actual
damages eaused by the recordings, if any, whichever is greater, plus an award of Plantiffs
21\
attorneys' fees and tosts, pursuant t A.R.S. $ 33-420(A).
27
28
COUNT FTVE
3'l
N.P. ISENT P8H*SM.AN H.PF
lG0op
UNNqRTKING
SATARITAN D.pCTRINE)
fffells Fargo Bank, N,4,, mericas Servicing Compary (SC)

I)*utsche ank National Trust Companyr Trustee))
3
4
'/
I
ILJ
11
t2
160.
Plaintiff repeats and relleges eyery allegation above as if fully set forth
herein"
161.
Defendant* indicated multiple times that loan modification options were
available to Plaintiff, and that they wanted to help
Ftaintiffto applyfor a HAMP laan modificatiCIn,
162.
163"
CIn
Flainfiff. Ilefendants
at least4 occasions.
Def,ndants routinely demanded inf:ormation already
eligibit fcr duat lsn rnodification nd assumption
14
pr$frn.
L6
1a
1S
LY
20
2L
22
23
24
25
t64.
in its files.
efendant* rnade inaccur'ate calculatians and dcterminaticns
r3
1q
encouraged
cf Flaintiffs
progrms, inciuding the HMP
Defendants faled to fo'llow through on written, verbal and implied promises,
including without limitation the tirne frarne at least 6}a/o f the tme within which
Plaintiffls loan rrrodifieation package would
165.
be processed.
efendants refrsed to process Plaintiffls modification packages in a timely
manner and acknowledge documents received, resulting
n a
declination
of a lan
modification, wthout valid ca{ss, followed by a letter stating all documents had ben
received and the mdification \#as in process.
166.
Defendants engaged in dilatory factics, resulting in Plainfiffs delinquency
being so great thal he cannot reinstate the loan without timc that is nst available,
167.
Plaintiff relied on the Defendants ttl administer th laan modification
program, and proeess applicatios for a loan modification, in a timely manner and with due
care.
26
27
28
168.
Defendants knew that thcir oan modifiction services were necessary for the
proteclion of Flaintiffs Properfy.

3B
169.
efendants failed to exercise reasonablc care in lhc administration of their
loan modification program.
//t
1?t.
eftndants' failure to exercise reasonable care increased the risk of harm to
f
J
Plaintiff in the form of risk of foeclosure by turing Plaintiff into dfault and then failing
and refusing lo grant a pennanet loan modifcation in 213,2014, 215 and ?016. and
failig and rcfssing to exercise reasonable care in the procrssing of the multiple loan
I
I
1
11"
t2
1.3
L4
1C
modifiation applications
sent
to
Delndants, as well as, economic hann as
dessribed below.
l7l.
Defrndants' negligence in dministering its loan modification program has
resulted in economic harm to the Plaintiff in the fo-rm sf, late fees" principal and interest
accrual, retentian
nmortizatisn
of loan modification compnies, attorasY's
of the Loan, thp need to liquidate
f.ees and costs* ntgative
perscnal assets
to sfop an
illegal
fcreelosurs.
172.
Flaintiff is entitled to damages and equitable relief om the Defendants
as a
of their negligent administration of their loan modification program, including but
r.6
1j
Plainti
not limitcd t, a ptrmancnt modification of the Loan.
10
fU
COUNT SIX
NAGLIGENE PER SE
{eutsche Bgnk Nttional Trust Company, Trustee,
QLS, Wells Fargo Banl N.A.o ASC)
L9
2A
t1
22
3
24
173.
Plaintiff repeats and reallsges every allegation above as if fully set forth
herein.
174.
It was know that MERS and Deutsche Bank National Trust Company were
25
not and could not be a true beneficiary under thc
26
DOT.
27
2
175.
Defendants knew
DtT with legal authority
to assign the
or should have known that *le Loan ws purpCIrtrdly

39
l"
placed into ths Trust in 20CI6 before its Closing Date.
176.
In alowing, acquiescing in, or sending the First, Second, Third and possibly
cven more Assigrrments, the First and possibly Second Substitutioas and the NTS to be
recorded at th Maricopa County Recorder, which contained unllthCIrized signatures and
groundless and false information" these Defendants violated A.R.S. $
33-43.
I
I
1
177.
QLS did
nCIt
39-l6l
and A.R,S. $
reiv a writing from the Nste Holderltender, declaring
default and electing to farecl.ose the DCIT.
l7f.
179.
QLS, MRS, were not and are not th*, agents of the Lender"
Deutsche Bank and
cr Wells Fargo Bank, N.A. or A.S.C nevertheless
1t
allowed QLS to sign the First Substitution and initiate a Trustse's Sale by recording the
I2
NTS or allowing or causing theNTS to be recorded.
1.3
t"4
t_5
180.
1?
18
19
20
21
22
23
of these sfatules was put into place fcr the specific purpose of
proteating homeowners" interests in their hotnes, and the specific purpose of ensuring that
individuals who sign important legal docunents are actually authorised to do so.
1
16-
ach
81
Plaintiffs re in the clasc of'persons for whose prolection these statutes u/ere
put into place.
182.
183.
184,
.Acts in violation t>f these statutes ronstitute negligence per se-
Violatisn of ,{.R.S. $ 39-161 is a Cass 6 felony.
Violation of A"R,S. $ 33420 carries statutory damages of not less than
$5,0t per recorded dccument or treble the actual damages, whichever is greater, plus
attomeys" fees nd osls"
185.
Plaintiffs seek an order of this Court that MER$ and QLS or ASC prpare
and record any and all documents needed to slear the cloud on Plaintiffs title related to
24
)c.
thcir recorded documents.

186.
Plaintiff suffered and will sufTer darnages dus to the negligence
pr se
of MERS
26
27
28
and QLS or A.SC, in the form of clouded fitle to the Properfy, statutory damages under
A.R.S, 33-420, aceeleration of the Note, damage to credit, accrual of late charges, fees,
40
costs, kustee's fees, attomey's fees, and other dzunage.
.,
ct{JhT strvsN
3
4
{eutsche Bank Nationl Trust Companyn TVells Fargo Bank, N.A. )
q,
18?.
if fully set fCIrth
heren.
188.
Flaintiff rpeats and realleges vry allegation above as
Deutsche Bank National Trust Company, Wells argn Bank, N"4..,
succsssffi and assigns, in plaeing 82-year-old Ielvena Alex.ndsr, an unmarried'wman
into an Adjustable Rate Variable Notc beyond her rneans.
10
189.
11
The Note sontins unonscionable terms, such as a provision that payrnent
of
12
each monfhly paymsnt in fi.ll, wculd result in an unpad principal balance remaining the
13
same
14
/il
1C
J
76
11
18
for two years would not diminish.
190.
These unconscionable terms were not explained properly to Mrs. Alexander
and caused unfair surprise. She did not understand that making the suggested payment
would result in lack of declinc in ths principal balance every rnon[h.
191.
Mrs. A,lexander died of dementia five and a half years later, and during the
19
time lacked increasingly the mental capacity to enler info or deal with the Note, or
2A
undcrstand its eonvoluted nd unconscionablc terms, especially when sseking assistance
2L
for modification which took thrce years to accomplish initially.
22
I92.
Deutsche Eank Naticnal Trust Company, and Wells Fargo Bank, N.A. and
23
its agents"
24
inequitable, oppressive, and unconscionable conduct in placing Melvena Alexander and
later Dennis Alexandcr in this loan, and in continuing to attempt to enforce, and fareclose
26
pursuant to, this loan.
t'1
2B
193.
sucsessors and assigns, engaged
in, and are engaging in, bad faith and
Deutsche Bank National Trust Cornpany" Wells Fargo Bank., N.A. and its
41
agents" successors and assigns,
equity.
3
A
6
7
in seeking foreclosure, are subject to the prineiples of
194. FIe who seeks equity rnust do equity.

195" Ilue to the unconscionabJe behavior of
these Defendants, and th
uneonscionabln nature of the Note, the Note is unenforceabln, and void.
196.
Defsndants may not foreclose in seeking to enforce the Note, whith is void
fur unconscionability,
CUNT EITHT
1
11
WHFREFORA" Plainli
L2
A"
ffi requests the fol lwin g rel
ief:
Fcr a declaretisn and/ar an rder that the Assgnments, Substitutions and
l-3
NTS, as well as the nOT which is now a nullity, are void and must be cncelledlrevoked
74
with recordings at the Maricopa County Recorder's Office;
B.
1"5
For a declaration and/or Order that no Defendant s the ltotc Holder/Lender
1_6
and true beneficiary, that ns Defndant may initiate or conduct a trustee's sale of
L7
Flaintiffs Properti, and no Defendant has standing to enfarce
C"
1t
19
24
25
D.
For damages sustained by the Plaintiff as a result of llefendants" negligence
E,
For an rder that all recordings against title aller the DT itself
per se;
))
23
For damages sustained by the Flaintiff as a result of the efendants'
breaehes of contract, and breach of the duty of good faith and fair dealing;
2A
2t
lh Loan;
be
revokedlcancelled/rescinded under A.R.S. $ 33-420" and fur statutory damage* of not less
than $5,000 per recordcd document or for heble the actual damages, whichever is greater
and $1,00 or treble damages whichever is greater against the Defendants ned in Count
Four;
27
2B
F,
For damages sustined as a result of the Defendants" Negligent Performance
of an Undertaking and f,nr the equtabls relief of pefinanent loan modification;

,ti
NL
t"
2
{
4
G.
For a ruling that tire Note is unconscionable and thereby unenforceable and
the DOT must be released;
For judgment for
Flaintiffs aftorney's fces and costs incunedo pursuant to
"R,5. $ l2-341.S1 nd,A,"R.S" 33a2S{A};
J.
K.
Fcr any pre-judgrnent i$tcre.st ts whieh Flaintiffis entitled;
Fsr inter.cst sn th f$nb.l* attor-ney's fees, court csts, and other sosts of
"
collection t th highest legal rate fcm the date of entry ofjudgrnent herein until paid in
I
I
full; and
L.
Far such other nnd further rslief $ the Cau* deerns just and proper"
t
1i
r--
12"
r.3
JT}RY }TMAN
Plaintiff dcmands atrial
by.
jury
as a matte.r of riglrt.
T4
t5
16
T7
L8
L9
2*
?1
2?
23
24
25
26
27
2B
43
t
D,q,TED this 8s day of August,20t6.
3
4
"A,LEX,N. (Fro Se ?l*intiff)
EI.{NI$
:
I
it
t,
By:
,drizpna 85253
Fra Se
1,
1.1
TRIGINL filed tkis
8rh
ofLuusf,2*16, with
delivered
'rI
14
15
I{anorable Judge John {nh

h'laricopa Coun* $uperior torrt
Nortlreast Regional Center
16
1?
18
1"9
?0
3,L
Tnstee
8L;
I4etls
Fargo fow
n8."
23
c/BarbaraJ. Fod.c
24
2S
o
?.7
28
44
EXHIBIT
2
a
4
5
6
7
Adam E. Lang (022545)

Jenny J. V/inkler (019032)
SNELL & WILMER L.L.P.
One Arizona Center
400 E. Van Buren
Phoenix, AZ 85004-2202
Telephone: (602) 3 82-6000
alang@swlaw.com
jwinkler@swlaw.com
Attorneys for Defendants
Wells Fargo Bank, N.A. and Deutsche Bank National Trust
Company, as Trustee for First Franklin Mortgage Loan Trust
2006-FF1 1, Mortgage Pass-Through Certificates, Series 2006-FF11
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
10
IN AND F'OR THE COUNTY OF'MARICOPA
1l
o
9
.!
l2
ol d3 13
|lTd6
ni8f,
t
i
H:q t4
r
I r@ N
Dennis R. Alexander, a married man
f$'at.
iop",tv, u'
;'-3
Personal";
Rep for the Estate of Melvena
Alexander,
ld
JJOgog
>V;
Cl./ r
= I| si8
UDI
NOTICE OF REMOVAL
(Assigned to the Honorable
John Hannah)
15
t6
.!
Plaintift
No. CV2016-054041
t7
18
l9
20
2t
Deutsche Bank National Trust

Company, as Trustee for First Franklin
MortAage Loan Trust 2006-FF11,
Mort[ale Pass-Through Certifictes,
Series 2006-FF11; Quality Loan Service
Corporation, a California Corporation,
Wells Fargo Home Mortgage, Inc.,
D.B.A. America's Servicing Company;
John and Jane Does 1-1000, XYZ
Corporations 1-15, ABC Limited
Liability Companies 1-15, andI23
Banking Associations
1- I 5,
22
Defendants.
23
24
25
26
27
Defendants V/ells Fargo Bank, N.A. (improperly named as Wells Fargo Home Mortgage,
Inc., dlblaAmerica's Servicing Company) ("'Wells Fargo") and Deutsche Bank National Trust
Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF11, Mortgage Pass-
Through Certificates, Series 2006-FF11 ("Deutsche Bank"), provides notice of removal of this
28
24't18662
action from the Superior Court of the State of Arizona, in and for the County of Maricopa, to the
United States District Court, District of Arizona. A copy of the Notice of Removal filed with the
United States District Court for the District of Arizona is attached as Exhibit 1. Pursuant to 28
U.S.C. $ 1446(d), this Court shall proceed no further with this action.
DATED this 1st day of September,20t6.
SNELL & V/ILMER L.L.P.
6
7
By /s/Jenny J. Winkler
Adam E. Lang
Jenny J. Winkler
One Arizona Center
400 E. Van Buren
Phoenix, AZ 85004-2202
9
10
Attorney s r D efendants
Wells Fargo Bank, N.A. and Deutsche Bank National Trust
Company, as Trusteer First Franklin Mortgage Loan
Tru 2006-FFI l, Mortgage Pass-Through Certificates,
Series 2006-FF-1 I
11
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lr '
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.
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r
rR
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!>
I I66
I U\@
:d
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^^
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t4
ORIGINAL of the foregoing

e-filed this lst day of September,20t6
l5
with the Clerk of the Court.
t6
COPY mailed to:
t7
Dennis R. Alexander
6564 Smoke Tree Lane
Paradise Valley, AZ 85253-4128
energyproducers@aol.com
.3
18
t9
Pro
20
23
Paul M. Levine, Esq.

McCarthy & Holthus, LLP
8502 E. Via De Ventura, Suite 200
Scottsdale, AZ 85258
plevine@mhlevine.com
Attorneyr Defendant Quality Loan Service
Corporation, a California Corporation
24
/s/Jennifer
2t
22
Se
25
26
27
28
-224118662

Alexander Vs Motgage Co's

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Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 1 of 48

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 2 of 48

Dennis R. Alcxander. Pro Se Plaintiff

MIOHAEL K. JEJS, CLER'(

SUPURIOR CCIURT OT RIZCIN

,S HIS SLE AND

FIRST A.MENDED CTMPLAINT

Clyde and Melvena Alexander, Plantiffs father and mother, initially

65 $mokc Trre Lane, Paradisc Valley Arizpna e52534128

purchased the property

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 3 of 48

Mrs. .Melvena Alexander, Plaintiffs rnother rvhom they worked together in

been the o\ /ne

October 27,2012 ad Melvena Alexander's passing on }anuary 5,2013. Plaintiff is a

resident of Maricopa County, Aizona.

possessicn since that time" Plaintiffs intercst

Venue is proper in this Courl, as the Property is located within itsjurisdietion

LOT THRFE {3), LINCOLN DRIVE YIST., ACCORT}ING rO T}lE

IN TFM OFF1C OF THE CITNTY RECORER

rN BOOK 52 F MAP$, PAGE 46.

the lpanns ariginaton on June

ry.SION OF NATIONAL CITY BANK OF INDI.NA (-'FFNC") {a braneh of

,4.ssociaticn) on the loan documcnts, which is then initilly a ivision

Iisted is L,{NI}{MERIC TRA,NSNITTICIN; IvIHRS or Mortgage lectronc Registration

Jnstrument, see "Ded of Trust and Security Agreement'" attached on xhibit

among HSI Asset Securitization torporalion, a* Depositor, First Franklin Financial

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 4 of 48

Securities Adminiskator and Custodian, and Deutsche BankNational Trust Company, as

Trustee, plense see information at thc fsllowing link:

Septemb*r 5,2CI06, to the best of the Plaintiffs' knowledge and belief

qualified correspondents ofNational

and further regarding, Mortgage Pass*Through Certificateso Series 20f6-FFt

$1,923,547B (.a.pproxinnate, $ubjcct to +/- 10olrl Yariance) First Frsnklin Mortgage

Loan Trust 20{16-FSII r Issue,I{SI Asset Securitization Corpnratin, eposior, First

Lien Residrntinl Mortgage Loans, pf w.hich.Elaiqtiffs'

loans from the Orignator TFIRST FRANKLIN, A IVISION OF NATIONL CITY

Securitization Corporation) sn the ("Closing Date") on or about September 6,206

therein, please see link at:

Bank {Originator}, Eeutsche BankN'ational

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 5 of 48

Closing ate, the Securities Administrator" Vfells Fargo

cap .greemet and swap greement

with ABN Ah,I-Rt Bank N,V. Flease also see

2006 via the Pooling and Servicing Agreement

and belief from cn or about ugust

Fr*nklin Mortgege Loan Trust 2006-FFli, Mortgage Fass-Through Certifcates, Series,

Under the terms

of the Poolng and Servi*ing -Agreernent, it is noted

regarding Iransfer and assignrnent of each Mortgage

Mo*gage Loan so assigned:

conncction with the transfer and assignment

each Mort'gage Loan, the

the original Mortgage Note bearing all intervening endorsements

Case 2:16-cv-02960-DGC Document 1-1 Filed 09/01/16 Page 6 of 48

the original Assignment of Mortgage fior each Mortgage Loan, in

Historical Note 2 - information cnly: On December 3CI,2006 Merrill Lynch

infornation only: First Franklin originated primarily

subprime mortgage loans for sale

in thc secnndary marke*. Backers: First

Subcommittes on Investigations, United States Senate, a financiai instifution bundles a

of home loans into a lcan pool, and calculatcs the mount of

transactions included representations and waranties fhat,

in certain circumstances. [n soms a$s, MLFSB provided guarantees of First Franklin's