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PROPERTY ASSESSMENT FOR LANCE R.

CASSINO
Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
PREPARED BY:

Dave Krieger, Managing Member, DK Consultants LLC and


Sally Custer, SMS Consultants, COTA Research

PREPARED FOR: Attorney to be Determined

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DATE ISSUED: August 18, 2014
!
NUMBER OF RECORDED DOCUMENTS REVIEWED: 22
!
NUMBER OF UNRECORDED DOCUMENTS REVIEWED: 14
!
NUMBER OF SEARCHES - INQUIRIES INVOLVED: 63

[All potential quiet title claimants are highlighted in black, bold-face type.]
[All suspect issues are highlighted in red, bold-face type.]

DISCLAIMER: the information contained in this report is neither legal advice nor is it
intended to imply any conclusion of law or guarantee any kind of legal outcome. It is
for internal review by counsel and is not for evidentiary use at trial.

PREPARERS NOTES: Documents used in this chain of title analysis were obtained from
the Recorders Office of Jefferson County, Colorado. It is also noted that what
appears to have been certified copies of these documents further appears to
have been altered (three-hole punched and inserted into a 3-ring, legal-sized
binder) unless otherwise noted. It may be necessary to obtain certified copies of all
documents used herein will be necessary if used as exhibits at trial. In all instances
involving the deeds of trust reviewed in this assessment, there is one item common to all
these documents:

The Borrower covenants that they are lawfully seised of the estate hereby conveyed and
has the right to grant and convey the Property and that the Property is unencumbered,
except for encumbrances of record. The Borrower further warrants and will defend
generally the title to the Property against all claims and demands, subject to any
encumbrances of record.

The seisin mechanism was inserted by the drafters of what appears to be uniform
adhesion contracts. The first portion of this paragraph maintains by covenant that the
Borrower indeed owned the subject property (hereinafter Property) at the time he
encumbered it. The second portion of this paragraph maintains by covenant that the
Borrower may bring a quiet title action, if necessary, to defend title. This appears to be a
contractual right afforded to the Borrower by the Lender that does not appear to be subject
to arbitrary judicial discretion but instead is mandatory as to preserving the chain of title.
!1

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PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
DOCUMENT #1: LETTERS TESTAMENTARY CERTIFICATE

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on July 19, 1999 at 14:53:32 p.m., bearing Recorders Reception No.
F0910678. It appears a recording fee of $5.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument.

The document appears to be Letters Testamentary, Case No. 97PR1637 from the PROBATE
COURT, CITY AND COUNTY OF DENVER, COLORADO [1437 Bannock Street, Room 220,
Denver, CO 80202 (720)865-8310] attesting to the appointment of LANCE R. CASSINO as
Personal Representative of the estate of John A Brown, A/K/A/ Jack Brown, deceased. The
appointment as Personal Representative of the estate appears to have an effective date of
September 19, 1997 as evidenced by the Filed stamp of the Probate Court, City and County of
Denver, Colorado in the right upper section of the body of the document and the attestation
paragraph includes the September 19, 1997 date as well.

It appears to have been signed by a Deputy Clerk; the signature is of poor quality, and partially
illegible. It was necessary to contact the Probate Court, City and County of Denver, Colorado to
identify the signor. A Deputy Clerk appears to have pulled the original file and confirmed the
document was signed and certified by one Linda Thompson. However, the Deputy Clerk was
unable to identify the middle initial of the signor from the original document. The signature is
dated September 19, 1997, and bears the certification of the Probate Court, City and County of
Denver, Colorado; the seal of the Probate Court is stamped next to the signature. By her
signature, it appears Ms. Thompson is attesting the document is a true copy of the original.

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Linda C. Baca, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder and is dated March 27, 2014. The documents themselves (as Letters Testamentary)
were not included for review and deemed insignificant as this matter appears to involve probate
proceedings that affect Mr. Cassinos legal ability to act as Personal Representative and is not
indicative of having any affect to title on the Property.

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DOCUMENT #2: PERSONAL REPRESENTATIVES DEED

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on July 19, 1999 at 14:53:32 p.m., bearing Recorders Reception No.
F0910679.

!2

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
It appears a recording fee of $5.00 was paid to record this document in the land records as
evidenced by the Recorders file stamp, which was affixed at the upper right corner of the single
page of this recorded Instrument.

To form, the document appears to be a standard Personal Representatives Deed (Testate) No.
CPC46, Rev 1-96; as provided by Bradford Publishing [1743 Wazee Street, Denver, CO 80202
(303)292-2500]. The deed is made by Lance R. Cassino in his capacity as Personal
Representative for the estate of John A. Brown, as granted September 19, 1997 by the Letters
Testamentary (Document #1 of this assessment); Case No. 97PR1637 in Probate Court, City and
County of Denver, Colorado. It further appears to follow in immediate succession to the
previous document.

The Deed was executed on March 29, 1999 and grants to Lance R. Cassino (13883 S. Wamblee
Valley Road, P.O. Box 1050 Conifer, CO 80433) the following property in Jefferson County,
Colorado, to wit:

NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW1/4) of SECTION 10,


TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO.

The Tax Assessors SCHEDULE NUMBER 045042 is included immediately below the legal
description of the property.

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PREPARERS NOTES AT THIS JUNCTURE OF THE ASSESSMENT:
!

045042 is the number stated as the Schedule Number on the Tax Assessors online
database and the Parcel Number as 71-102-00-001. All 3 properties (1 not involved here)
bear the same numbers and situs. This is the first time that this legal description appears
in the chain of title, specifically identifying the subject tract. It also appears that this is
only a partial legal description that could have confused title examiners as it appears to
indicate the total sum of the merged properties and not the specific subdivided plats. The
plat connected to the situs/schedule number and parcel number appears to be one large
piece and does not seem to be subdivided into three properties. Further, the legal
description fails to mention the number of acres (more or less) accounted for in this plat.

!
!

The document appears to have been executed by the Grantor (as Personal Representative) before
one LINDA C. VISSAT, a notary public in and for the State of Colorado, C i t y a n d County
of Denver, whose commission appeared to be valid at the time this attestation was made. Upon
a search of the notary filings within the Colorado Secretary of State online database, the
following information regarding this notary was obtained:

!3

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Notary ID
Name Commission
start date
Commission
expiration date
Status
19874210720 VISSAT, LINDA C
05/12/1987
19914006082 VISSAT, LINDA C
05/06/1991

05/12/1991
05/12/2011

EXPIRED
EXPIRED

History
Notary
ID

19914006082

Name

VISSAT, LINDA
C

Expiratio
May 12, 2011
n
Status

EXPIRED

Event

Date

Notary application

05/06/1991

Notary renewal

04/19/1995

Notary renewal

04/20/1999

Notary renewal

05/07/2003

Notary renewal

04/27/2007

Details

(1 of 1)

!http://www.sos.state.co.us/pubs/notary/home.html
!

The notarial seal is a poor quality image, and only partially legible, plausibly due to the way that an
affixed, raised seal would appear on an original filing. The notarial jurat and execution were
contained solely on Page 1 of 1 of the Personal Representatives Deed itself; and further appear
to have been properly acknowledged. It appears that this notarys commission is no longer
valid.

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Patricia Rak-Houchen, Deputy Clerk in the office of Pam Anderson, Jefferson County
Clerk and Recorder, and is dated March 27, 2014.

PREPARERS NOTES: The document appears significant only as to what appears to be


legal identification of the full tract given to Lance R. Cassino as willed to him in the estate.
Further consideration and study, accompanied by full survey (if possible) may be required
to specifically identify each parcel for future reference.

!4

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PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
DOCUMENT #3: PERSONAL REPRESENTATIVES DEED

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on December 16, 1999 at 13:52:40 p.m., bearing Recorders Reception No.
F0992014. It appears a recording fee of $5.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument.

To form, the document appears to be a standard Personal Representatives Deed (Testate) No.
CPC46, Rev 1-96; as provided by Bradford Publishing [1743 Wazee Street, Denver, CO 80202
(303)292-2500]. The deed is made by LANCE R. CASSINO in his capacity as Personal
Representative for the estate of John A. Brown, as granted September 19, 1997 by the Letters
Testamentary (Document #1 of this assessment); Case No. 97PR1637 in Probate Court, City and
County of Denver, Colorado.

The Deed was executed on December 16, 1999 and grants to Lance R. Cassino (13883 S.
Wamblee Valley Road, P.O. Box 1050 Conifer, CO 80433) the following property in Jefferson
County, Colorado, to wit:

EAST HALF SOUTHEAST QUARTER, NORTHWEST QUARTER, NORTHWEST


QUARTER (EA1/2 SE1/4 NW1/4 NW1/4) of SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN. CONTAINING 5.0 ACRES
MORE OR LESS.

The Tax Assessors SCHEDULE NUMBER 045042 is included immediately below the legal
description of the property and bears the same schedule number as noted in the previous
document in this assessment.

The document appears to have been executed by the Grantee (the Personal Representative, Lance
R. Cassino) before Faye Griffin, a Deputy C l e r k in and for the Jefferson County Clerk and
Recorders Office, whose signature appears below the stamp: Faye Griffin, Jefferson County
Clerk Golden, Colo 80419. A cursory search indicates this notarys commission expired in 1997.

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Patricia Rak-Houchen, Deputy Clerk in the office of Pam Anderson, Jefferson County
Clerk and Recorder, and is dated March 27, 2014.

PREPARERS NOTES: The legal description does not match that of the previous
document.

!5

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

DOCUMENT #4: DEED OF TRUST


This 11-page document was recorded in the real property records of the Jefferson County,
Recorders Office on June 1, 2000 at 13:55:35 p.m., bearing Recorders Reception No. F1064586.
It appears a recording fee of $55.00 was paid to record this document in the land records as
evidenced by the Recorders file stamp, which was affixed at the upper right corner of the of
Page 1 of 11 of this recorded Instrument. After recordation, the document was returned to the
LONG BEACH MORTGAGE COMPANY (P.O. Box 11490 Santa Ana, CA 92711). There
appears to be a Loan No. of 8939977-30833 immediately below the document return address.
The document appears to consist of 8 pages containing the actual Deed of Trust and a 3-page
Fixed/Adjustable Rate Rider.
A Business search for LONG BEACH MORTGAGE COMPANY at the Colorado Secretary of
State online database yielded the following information:
Business Search Results
Found 3 matching record(s). Viewing page 1 of 1.
#
1

ID Number
Document Number
Name !
Event
Status Form
Formation Date
19941090501
19971070061
LONG BEACH MORTGAGE COMPANY
Entity Name Change
Name Changed
FPC
08/12/1994
2
19961161851
19961161851
LONG BEACH MORTGAGE COMPANY
Application for Authority/
Entity Name
Name Changed
FPC
12/12/1996
3
19961161851
20061508492
LONG BEACH MORTGAGE COMPANY, Colorado Authority Relinquished
December 12, 2006
Statement of Foreign Entity
Withdrawal
Withdrawn
FPC
12/12

Summary
Details
Name
AMERIQUEST MORTGAGE COMPANY, Colorado Authority Relinquished February 13, 2013
Status Withdrawn
Formation date
08/12/1994
ID number
19941090501
Form
Foreign Corporation
Periodic report month
August Jurisdiction
Delaware
Term of duration Perpetual
Principal office street address
2677 N. Main Street, Suite 140, Santa Ana, CA 92705, United States
Principal office mailing address
Buchalter Nemer; Attn Joanne Davies, 18400 Von Karman Ave. Ste 800, Irvine, CA
92612, United States

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!

PREPARERS NOTES:
It is commonly known that LONG BEACH MORTGAGE
COMPANY was purchased in 1999 by WASHINGTON MUTUAL and continued to operate as
Long Beach Mortgage Company until it was closed by Washington Mutual in 2007. http://
seattletimes.com/html/businesstechnology/2010627929_longbeach30.html
http://www.publicintegrity.org/2009/05/06/12991/no-5-subprime-25-long-beach-mortgagecowashington-mutual
A Colorado Secretary of State online database Business Search for WASHINGTON MUTUAL
BANK FA is included with Deed of Trust Recorded Instrument F1510077 (Document 6 of this
assessment) as it appears as primary Lender (Grantee) in that Instrument.
PREPARERS NOTES: It is noted that Ameriquest Mortgage Company changed its name
to Long Beach Mortgage Company, the reason for its inclusion in the foregoing paragraph.

!6

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
To form, the document appears to be Colorado - Single Family - Fannie Mae/Freddie Mac
UNIFORM INSTRUMENT, Form 3006, approved for use since January of 1991; Amended May
of 1991. There does not appear to be any specific Definitions section within the recorded
Instrument. The first section within this document, beginning at Page 1 of 8 of the actual Deed of
Trust and ending at Page 2 of 8; contains the following information which is applicable to this
chain of title assessment:

The document appears to have created on May 23, 2000 and was executed by Lance R. Cassino,
(hereinafter referred to as Borrower) as the Borrower (Grantor) on May 24, 2000. His initials
appear to be affixed to all pages where an initial blank is provided. His signatures appear on the
duly noted signature-required spaces in the document.

The Trustee of this Deed of Trust appears to be the PUBLIC TRUSTEE OF JEFFERSON
COUNTY, COLORADO, 100 Jefferson County Parkway Suite 2510/1540, Admin and Courts
Facility, Golden, CO 80419 eforeclosures@jeffco.us http://jeffco.us/public-trustee/ (as
Trustee) and the beneficiary LONG BEACH MORTGAGE COMPANY (1100 Town & Country
Road, Orange, CA 92868) (as Lender, Grantee) which is organized and existing under the laws of
the State of Delaware.

The amount of the debt Borrower owes Lender is $70,000, plus interest, for a 30-year term.
Reference is made to the Borrowers note as dated the same date as this Security Instrument. A
loan number of #8939977-30833 appears in the lower, right-hand corner of each page of the
recorded Instrument.

The bottom of Page 1 of 11 of the document bears the seal of Jefferson County Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Patricia Rak-Houchen, Deputy Clerk in the office of Pam Anderson,
Jefferson County Clerk and Recorder, and is dated March 27, 2014.

There is a NO ATTACHMENT stamp on the left margin as well as a handwritten note stating
Do over for no attachment stamp. Further investigation as to its meaning may be warranted.

On Page 2 of 8 the Legal Description is noted as attached hereto and made a part hereof. The
situs address is shown below the legal description notice of attachment as located in Jefferson
County, Colorado. The tax assessors schedule/parcel number is conspicuously missing from this
section (which is customarily provided in most security instruments). The seisin mechanism
follows the situs address on Page 2 of 8.

There are specific UNIFORM and NON-UNIFORM COVENANTS within this security
instrument, beginning at Page 2 of 8 and ending at Page 7 of 8. Those specific to the chain of
title are mentioned below, to wit:

!7

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Paragraph 4 (Charges; Liens.), on Page 3 of 8, contains language wherein the Borrower
covenants to pay all taxes, assessments, fines and impositions attributable to the Property.
Paragraph 6 (Occupancy.) on Page 4 of 8, contains language that requires the Borrower to
occupy the residence as primary residence for a specific time period.

Paragraph 7 (Protection of Lenders Rights in the Property.), also on Page 4 of 8, contains


language that if the Borrower fails to preserve the Lenders interest in the Property, the Lender
may take whatever action is necessary to preserve its interests and assess all applicable charges
and fees to the Borrower.

Paragraph 15 (Governing Law; Severability.), on Page 6 of 8, contains a severability clause.


Paragraph 17 (Transfer of the Property or a Beneficial Interest in Borrower.), also on Page 6 of
8, appears to contain language that requires the Borrower to get written permission from the
Lender to transfer any interest they might have in the Property to any other party. Failure to do so
may trigger what appears to be a due on sale clause.

Paragraph 19 (Sale of Note; Change of Loan Servicer.), on Page 6 of 8, contains the provisions
wherein the Lender may sell the Note or a partial interest in the Note (together with this
Security Instrument) one or more times without prior notice to Borrower. A sale might result in a
change in the entity (known as the Loan Servicer) that collects Periodic Payments due under
the Note and this Security Instrument

PREPARERS NOTES: It is significant to note the foregoing paragraph gives the Lender
(hereinafter WaMu) the right to sell the note, potentially placing it into one of its trust
vehicles (such as a WMALT asset-backed securities-type trust). Assignment of such
transfers would then have to be formally filed to effectuate perfection of lien by the trust, if
such a transfer were to occur.

!
Under the NON-UNIFORM COVENANTS section:
!

Paragraph 22 (Release.), on Page 7 of 8, reserves the right of the Lender, upon payment of all
sums due, to delegate to the Public Trustee the responsibility to reconvey the Property back to
the Borrower with the Borrower paying all of the recordation costs. However, this section does
NOT purport to demonstrate the condition or warranty of title upon reconveyance. Further, this
paragraph does not stipulate WHO must pay all sums due, which could be paid by third-party
payors.

Paragraph 24 (Riders to this Security Instrument.), there is a designation by X for an


Adjustable Rate Rider; and maintains the covenants of such rider shall be incorporated into the
Deed of Trust document. The Rider, insignificant to this assessment, is noted as attached.

!8

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
The document appears to have been executed by the Grantor (the Borrower herein) on May 24,
2000, before one VICKY AXTELL, a notary public in and for the State of Colorado, whose
commission appeared to be valid at the time this attestation was made. Upon a search of the
notary filings within the Colorado Secretary of States online database, the following information
was obtained regarding this notary:

Search Results

!Notary ID

Name Commission
start date
Commission
expiration date
Status
19934005419 AXTELL, VICKY
04/16/1993
19894006720 AXTELL, VICKY
05/05/1989

05/10/2013
05/05/1993

EXPIRED
EXPIRED

History
Notary
ID

19934005419

Name

AXTELL,
VICKY

Expiratio
2013-05-10
n
Status

EXPIRED

Event

Date

Notary application

04/16/1993

Notary renewal

04/24/1997

Notary renewal

05/04/2001

Notary application

05/10/2005

Notary renewal

05/04/2009

Details

(1 of 1)

https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml

The Adjustable Rate Rider, which was indicated as attached, is a 3-page MULTISTATE
ADJUSTABLE RATE RIDERLIBOR IndexRate Caps, Electronic Filing (ELF) 1956016
(9510) contained in Pages 9 - 11 of this Instrument. There is a section on Page 2 of 3 of this
Rider that restates TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN
BORROWER as recited in Paragraph 17 of the Uniform Covenants, to further clarify changes
in that covenant relative to this Rider. The Borrower signed Page 3 of 3 of this section of the
recorded instrument, which is considered inconsequential to the chain of title issues discussed
herein. Despite the fact the LIBOR Index has come under recent scandal, it is insignificant here.

!
There is a specific issue with this document, to wit:
!

!9

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
!

(1) Despite what the document purports to claim as an attached legal description,
there in fact is none attached. This appears to make this document subject to legal
challenge.

!
DOCUMENT #5: DEED OF TRUST

This 12-page document was recorded in the real property records of the Jefferson County,
Recorders Office on June 28, 2000 at 9:54:57 a.m., bearing Recorders Reception No. F1076444.
It appears a recording fee of $60.00 was paid to record this document in the land records as
evidenced by the Recorders file stamp, which was affixed at the upper right corner of Page 1 of
12 of this recorded Instrument. After recordation, the document was returned to the LONG
BEACH MORTGAGE COMPANY (P.O. Box 11490 Santa Ana, CA 92711). There appears to be
a Loan No. of 8939977-30833 immediately below the document return address. The document
appears to consist of 8 pages containing the actual Deed of Trust, a Fixed/Adjustable Rate Rider
of 3 pages, and a single-page inserted and untitled attachment which appears to contain the legal
description of the Property.

PREPARERS NOTES: This document is a Xerox copy of the previous Deed of Trust,
Reception No. F1064586 (Document #4 of this assessment). This is a re-filing of that Deed of
Trust to include the Attachment containing the legal description of the subject property that
was not included in the filing of F1064586. With the exception of an additional stamp at the
left margin stating POOR COPY on all 11 pages of the original filed document, there are
no changes in the text body of the document and as such will not be restated here.

Page 1 of 1 contains an additional stamp in the right hand margin, of the Clerk and Recorder of
Jefferson County, dated June 19, 2000 with the signature of Peggy Bailey (?last name illegible),
Deputy Clerk, authenticating the document to be a full true and correct copy of the original filing.

The inserted and untitled attachment referred to on Page 3 of 12 of the this recorded Instrument
appears to contain yet another version of the legal description of the Property, which appears to be
hand-typed, to wit:

Northeast Quarter Northwest Quarter (NE1/4 NW1/4) of Section 10, Township 7 South,
Range 71 West of the 6th Principal Meridian, EXCEPT right of way described in Book 449
at Page 520, County of Jefferson, State of Colorado

There again, is a specific issue as to specific identification of the parcel claimed by the
Borrower to be the subject liened tract of land. This legal description does NOT contain
any more or less description of the parcel as to its size in acres.

!
!10

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

DOCUMENT #6: DEED OF TRUST

This 21-page document was recorded in the real property records of the Jefferson County,
Recorders Office on June 25, 2002 at 11:00:13 a.m., bearing Recorders Reception No.
F1510077.

It appears a recording fee of $105.00 was paid to record this document in the land records as
evidenced by the Recorders file stamp, which was affixed at the upper right corner of the single
page of this recorded Instrument. After recordation, the document appears to have been
returned to WASHINGTON MUTUAL BANK, FA C/O ACS IMAGE SOLUTIONS at 12691
Pala Drive MS156DPCA, Garden Grove, CA 92841.

A Business search for WASHINGTON MUTUAL BANK FA & ACS IMAGE SOLUTIONS at
the Colorado Secretary of State online database yielded the following information:

Details
Name
WASHINGTON MUTUAL FINANCE, INC., Colorado Authority Terminated November 2, 2004
Status Withdrawn
Formation date
11/17/2000
ID number
20001224629
Form
Foreign Corporation
Periodic report month
November
Jurisdiction
California
Term of duration Perpetual
Principal office street address
300 ST PAUL PL, BALTIMORE , MD 21202, United States
Principal office mailing address
300 St Paul Pl, Baltimore, MD 21202, United States

!!

http://www.sos.state.co.us/biz/BusinessEntityDetail.do?
quitButtonDestination=BusinessEntityResults&nameTyp=TRUE&entityId2=20001224629&srchTyp=ENTITY&fileId=20001224629&m
asterFileId=20001224629

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!

Registered Agent
Name
THE CORPORATION COMPANY
Street address
1675 Broadway Ste 1200, Denver, CO 80202, United States
Mailing address n/a

Details
Name
ACS IMAGE SOLUTIONS, INC.
Status Good Standing
Formation date
11/08/1990
ID number
19901100694
Form
Foreign Corporation
Periodic report month
November
Jurisdiction
Louisiana
Term of duration Perpetual
Principal office street address
2828 N HASKELL AVE, BLDG 1 FL 9, DALLAS, TX 75204, United States
Principal office mailing address
n/a

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!!
!!

Registered Agent
Name
Corporation Service Company
Street address
1560 Broadway Ste 2090, Denver, CO 80202, United States
Mailing address n/a

!11

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
http://www.sos.state.co.us/biz/BusinessEntityDetail.do?
quitButtonDestination=BusinessEntityResults&nameTyp=ENT&entityId2=19901100694&srchTyp=ENTITY&fileId=19901100694&maste
rFileId=19901100694

PREPARERS NOTES: It should be noted here that Washington Mutual Bank, FA was
taken over under the receivership of the Federal Deposit Insurance Corporation (FDIC)
on September 25, 2008; referenced as the largest bank failure in U. S. history. There is also
search information which would lend credibility to the claim of fraudulent lending
practices by this company and its Long Beach Mortgage Company unit, as found in the
link below:

http://www.bloomberg.com/news/2012-09-20/ex-long-beach-mortgage-executive-convictedof-fraud-by-jury-1-.html

The bottom of Page 1 of the document bears the seal of Jefferson County, Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson
County Clerk and Recorder, and is dated March 27, 2014.

To form, the document appears to be a Colorado Deed of Trust, 32839, approved for use since
February of 2001, consisting of 16 pages; and an Adjustable Rate Rider of 5 pages which
concludes the 21-page document. It appears the Grantor initialed each page of the Deed of Trust
and the Adjustable Rate Rider with the exception of the signature pages.

There is a specific DEFINITIONS section within this document, beginning at Page 1 of 16 of


the actual Deed of Trust (Security Instrument) and ending at Page 2 of 16; the following of
which are applicable to this chain of title assessment:

!
Definition A recites the creation date of this document which is June 12, 2002.
!

Definition B recites the names of the Borrower (as Grantor) as Lance R. Cassino. His initials
appear to be free form and not provided in any specific spaces per se on each page of the
recorded Instrument, except for the signature pages of this document, wherein it appears his
signature is duly affixed. The Borrower appears to have executed the document on its creation
date.

Definition C recites the Lender as WASHINGTON MUTUAL BANK, FA at 400 East Main
Street Stockton, CA 95290.

Definition D recites the original Trustee as the PUBLIC TRUSTEE OF JEFFERSON


COUNTY, CO, 100 Jefferson County Parkway Suite 2510/1540, Admin and Courts Facility,
Golden, CO 80419 eforeclosures@jeffco.us http://jeffco.us/public-trustee/

!12

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Definition E recites the amount of the Note as $115,000.00, plus interest, also dated June 12,
2002. This is further evidenced by a loan number of #03-2041-006800791-3 that appears to run
throughout the entire document at the right margin above the body text, including the attached
Adjustable Rate Rider.

Definition F recites the term Property to mean the property that is described below, under the
heading Transfer of Rights in the Property.

Definition H is the section reserved for any attached Riders, of which the Adjustable Rate
Rider box is checked (x). This 5-page Adjustable Rate Rider is attached to the recorded
Instrument as Pages 17 through 21 of this 21-page Instrument. It imposes further covenants and
restrictions upon the Borrower as required under the security instrument and delineates the terms
of the interest rate applied to the principal loan amount.

Definition Q defines the term Successor in Interest of Borrower to mean any party that has
taken title to the Property, whether or not that party has assumed Borrowers obligations under
the Note and/or this Security Instrument.

The section TRANSFER OF RIGHTS IN THE PROPERTY begins on Page 2 of 16, showing
that the Borrower is granting to the Trustee, in Trust, with power of sale, the following described
property in Jefferson County, Colorado, which appears to only partially match the legal
description as stated in the Personal Representatives Deed (Document #2 of this assessment), to
wit:

NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW1/4) of SECTION 10,


TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO.

The Situs address of 13883 S Wamblee Valley Road, Conifer, 80433 is included immediately
below the legal description of the property.
The tax assessors parcel ID number is
conspicuously missing from this section (which is customarily provided in most security
instruments). The seisin mechanism follows the situs address at the bottom of Page 3 of 16.

There are specific Uniform and Non-Uniform Covenants within this security instrument,
beginning at Page 3 of 16 and ending at Page 15 of 16. Those specific to the chain of title are
mentioned below, to wit:

Paragraph 4 (Charges; Liens.), on Page 5 of 16, contains language wherein the Borrower
covenants to pay all taxes, assessments, fines and impositions attributable to the Property.

Paragraph 6 (Occupancy.) on Page 7 of 16, contains language that requires the Borrower to
occupy the residence as their primary residence for a specific time period.

!13

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Paragraph 9 (Protection of Lenders Interest in the Property, etc.), on Pages 8 and 9 of 16,
contains language that if the Borrower fails to preserve the Lenders interest in the Property, the
Lender may take whatever action is necessary to preserve its interests and assess all applicable
charges and fees to the Borrower.

Paragraph 16 (Governing Law; Severability; Rules of Construction.), on Pages 12 and 13 of


16, contains a severability clause.
Paragraph 18 (Transfer of the Property or a Beneficial Interest in Borrower.), on Page 13 of 16,
appears to contain language that requires the Borrower to get written permission from the Lender
to transfer any interest they might have in the Property to any other party. Failure to do so would
appear to trigger what some might consider a due on sale clause.

Paragraph 20 (Sale of Note; Change of Loan Servicer; Notice of Grievance.), on Pages 13 and
14 of 16, contains the provisions wherein the Lender may sell the Note or a partial interest in
the Note (together with this Security Instrument) one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the Loan Servicer) that
collects Periodic Payments due under the Note and this Security Instrument All previouslystated notations regarding this matter will not be restated here.

Under the NON-UNIFORM COVENANTS, Paragraph 23 (Release.), on Page 15 of 16,


reserves the right of the Lender, upon payment of all sums due (and not by whom), to direct the
Public Trustee to reconvey the Property back to the Borrower with the Borrower paying all of the
recordation costs; however, this section does NOT purport to demonstrate the condition or
warranty of title upon reconveyance. It further stipulates that third parties (potential document
manufacturers) could be involved in the reconveyance, which may pose issues with person(s)
having no actual knowledge of the facts they are attesting to getting involved in the Borrowers
chain of title.

Paragraph 24 (Waiver of Homestead), also on Page 15 of 16, appears to indicate that the
Borrower has waived his right to homestead the Property. This may affect specific performance
issues such as the redemption period, which if the Property was homesteaded, may have granted.

The document appears to have been executed by the Grantor (the Borrower herein) on June 12,
2002 before one BRANDY ORNER, a notary public in and for the State of Colorado, County of
Denver, whose commission appeared to be valid at the time this attestation was made. Upon a
search of the notary filings within the Colorado Secretary of States online database, the
following information was obtained regarding this notary:

Search Results

!14

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Notary ID Name
start date
expiration date
19984001908

Commission
Commission
Status
ORNER, BRANDY 02/02/1998

02/06/2010

EXPIRED

History
Notary
ID

19984001908

Name

ORNER,
BRANDY

Expiratio
n

2010-02-06

Status

EXPIRED

Event

Date

Notary application

02/02/1998

Notary application

02/06/2002

Notary renewal

02/06/2006

Details

The 5-page Adjustable Rate Rider discusses further obligations and conditions of the Borrower.
The Borrower appears to have affixed his signature to Page 5 of 5 of the attached Rider, without
notarization.

Other than any issues discussed within the assessment, this appears to be a unilateral adhesion
contract (for all intents and purposes) that places a lien upon the Property. No promissory note
was included as part of this assessment.

!
!

DOCUMENT #7: REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on August 14, 2002, at 7:30:00 a.m., bearing Recorders Reception No.
F1542848. It appears a recording fee of $5.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. The recording was requested by WASHINGTON
MUTUAL BANK FA (400 E Main St STB1RCN, Stockton, CA 95290-3947, (800) 282-4840).
After recordation it appears the document was returned to Lance Cassino, P.O. Box 1050,
Conifer, CO 80433-1050.

The document appears to have two sections; the top section contains a Request for Release by
the Grantee (the Lender from the original Deed of Trust) and the second section appears to be
the Release as processed by the Jefferson County, Colorado Public Trustee. It appears the
document is lacking legal description, situs address and tax assessors schedule/parcel number;

!15

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
only a reference to the previously recorded Deed(s) of Trust (F1064586 & F1076444) is included
to denote subject property.

In the top section it appears the Loan No. 0042052888 Cassino and the Lender ID
M42/0008939977 which are listed directly under the title line of the document. An unidentified
barcode is at the right margin on the title line. The section then continues with the specific
information regarding the original Deed of Trust with execution date of May 23, 2000 and
recorded June 1, 2000 with the Reception No. F1064586 (Document #4 of this assessment).
Further, reference is also made to the re-recorded Deed of Trust Reception No. F1076444, which
was amended to add the Exhibit containing the legal description of the subject property
(Document #5 of this assessment).

The request to the PUBLIC TRUSTEE OF JEFFERSON COUNTY, CO to execute a release on


the subject property as the indebtedness has been satisfied appears to have been executed by the
Grantor (the Lender herein) on July 2, 2002, and bears the signature of MARIE BRAIS, with the
title of Assistant Vice President, Long Beach Mortgage Company, before one CLARA
MAXWELL, a Notary Public in and for San Joaquin County, in the State of California, whose
commission appeared to be valid at the time this attestation was made. A search for this
individual within the California Secretary of States online database provided insufficient
verification data.

!
!

http://www.sos.ca.gov/business/notary/notary-online-listing.htm

Upon an internet search of the signor MARIE BRAIS, the following information was obtained:
https://www.linkedin.com/profile/view?
id=37238520&authType=NAME_SEARCH&authToken=XeHn&locale=en_US&srchid=3469952371407383732698&srchindex=2&srchtotal
=11&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A3469952371407383732698%2CVSRPtargetId%3A37238520%2CVSRPcmpt
%3Aprimary

Thus, is appears that Marie Brais search results show her as a team leader at JPMorgan Chase
Bank in Stockton, California.

The second section of the document is the Release of Deed of Trust and appears to contain
standard to form release language for the subject property. It appears to have been executed by
MARY SCHAEFER whose name is stamped on the signature line with the title of Public Trustee
for Jefferson County, CO immediately below.

A second signature line contains what appears to be the signature of the Deputy Public Trustee
(which is typed below the signature line), however the signature is illegible, however the jurat,
stamped below the signature, contains the name JENNIFFER L RODRIGUEZ, Deputy Public
Trustee of Jefferson County, Colorado.

!
Upon an internet search of Mary Schaefer, the following information was obtained:
!

!16

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Jefferson County Public Trustee
Mary Schaefer 100 Jefferson County
Parkway Golden, CO 80419

Phone: 303-271-8580 Fax:


303-271-8576 E-mail:
mschaefe@jeffco.us Website:
www.jeffco.us

http://8ztitle.files.wordpress.com/2012/02/colorado-public-trustees.pdf

For the Colorado Statutes governing the Public Trustees: http://www.lexisnexis.com/hottopics/colorado/

It appears the document was executed before one DIANA OGDEN, a notary public in and for
the State of Colorado, whose commission appeared to be valid at the time this attestation was
made. Upon a search of the notary filings within the Colorado Secretary of States online
database, the following information was obtained regarding this notary:
Search Results
Notary ID Name
start date
expiration date
19914003852

Commission
Commission
Status
OGDEN, DIANA

03/25/1991

09/10/2013

EXPIRED

History
Notary
ID

19914003852

Name

OGDEN,
DIANA

Expiratio
n

2013-09-10

Status

EXPIRED

Event

Date

Notary application

03/25/1991

Notary application

09/10/2001

Notary renewal

09/09/2005

Notary renewal

08/21/2009

Details

(1 of 1)

Below the notarial jurat appears the return contact information for Washington Mutual included
herein and will not be restated. The bottom of Page 1 of the document bears the seal of Jefferson
County, Colorado and the authentication statement of the Clerk and Recorder of Jefferson
County which certifies this document to be a true and correct copy of the original document.
The authentication is followed by the signature of one Margo Green, Deputy Clerk in the office
of Pam Anderson, Jefferson County Clerk and Recorder, and is dated March 27, 2014.

!
There are three significant suspect issues with this Release, to wit:
!

!17

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
!
!

(1) It is highly likely that Marie Brais had no personal knowledge of the actual
workings of the Borrowers loan and is more than likely a $10/hour robosignor for
then-Long Beach Mortgage Company; and
(2) The notary public failed to delineate the notarial execution as to the basis of
identification, gender or plurality and may have committed false swearing to Brais
actual capacity; and
(3) Due to the nature of the document manufacturing operations of the larger banks,
it is highly likely that Clara Maxwell did not actually witness the scribbled signature
of Marie Brais, a marker of robosigning, and probably did not record said notary
transaction in her journal, which is required under California law.

NOTE: Upon completion of the notarys commission, the notary is required to return all
journals kept to the County Recorders office of the county in which they held their notary
commission.

DOCUMENT #8: UNRECORDED DOCUMENT


EVERGREEN SURVEYING, INC.

This 3-page document appears to have been addressed to the Borrower (the owner of the
Property herein) regarding the legal description of the five (5) acres as described in the original
Deed found in Document #2 of this assessment.

The correspondence appears to be dated May 19, 2003, addressed to Lance Cassino by Mr.
Robert L. Feroldi, PLS, on EVERGREEN SURVEYING, INC. letterhead, (27985 Meadow
Drive, P.O. Box 3514, Evergreen, Colorado 80437-3514; ph. (303)674-3444, fax
(303)-674-1318). Upon conducting an online search for Evergreen Surveying the following
information was obtained: Mr. Robert Feroldi (signor) is the owner of Evergreen Surveying, Inc.
(since 1988). http://www.evergreensurveying.com/

The body text of the letter references a legal description for 5 acres located in the NE of the
NW of Section 10, Township 7 South, Range 71 West of the 6th P.M., the subject property of
Personal Representatives Deed as recorded, F0910679 (Document #2 of this assessment). It
appears it is informing Mr. Cassino that Mr. Feroldi had visited the subject property and found
no visible encumbrances.

!
Page 2 of 3, Exhibit which appears to contain a newly surveyed legal description, to wit:
!

A PARCEL OF LAND LOCATED IN THE NORTHEAST OF THE NORTHWEST


OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6TH P.M. COUNTY
OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
!18

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST OF THE


NORTHWEST OF SAID SECTION 10, THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID NORTHWEAST OF THE NORTHWEST 1/4, A
DISTANCE OF238.25 FEET TO A POINT; THENCE EASTERLY AND PARALLEL
WITH THE SOUTHERLY LINE OF SAID NORTHEAST OF THE NORTHWEST , A
DISTANCE OF 956.89 FEETTO A POINT ON THE WESTERLY LINE OF AN ACCESS
EASEMENT;THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE
(3) CORSES: THENCE S 26 44 19 W, A DISTANCE OF 47.54 FEET TO A POINT;
THENCE S 17 29 20 W, A DISTANCE OF 110.15 FEET TO A POINT; THENCE S 10
14 08 W, A DISTANCE OF 92.20 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID NORTHEAST OF THE NORTHWEST ; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 886.02 FEET MORE OR LESS, TO THE POINT
OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 5.0 ACRES MORE OR
LESS.

THIS LEGAL DESCRIPTION WAS PREPARED BY ROBERT L. FEROLDI, PLS 20136,


P.O. BOX 3514, EVERGREEN, CO 80437; (303)674-3444, DISK 430/B8003, 5-19-03, MW.

Page 3 of 3, entitled EXHIBIT, appears to be a Computer Assisted Drawing (CAD) of the above
legal description with additional handwritten designations as to location of well, garage, home.
Also handwritten, it appears to designate that a Shed is located on 35 other acres. In the
bottom right hand corner of Page 3 of 3 is the Evergreen Surveying, Inc. Stamp containing
contact information for the company as stated above.

PREPARERS NOTES: Colorado Statute 38-35-106.5. Written instruments - Information


regarding property description shall include the name and address of the person who
created such legal description. The survey drawing appears to indicate that the home,
garage and well are surveyed into the five (5) acre plat. The shed appears to be placed
within the 35-acres that adjoins the five-acre tract.

!
!
!

DOCUMENT #9: DEED OF TRUST

This 16-page document was recorded in the real property records of the Jefferson County,
Recorders Office on August 13, 2003, at 10:37:16 a.m., bearing Recorders Reception No.
F1835678. It appears a recording fee of $81.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
P age 1 of 16 of this recorded Instrument. After recordation, the document was returned to
WMC MORTGAGE CORP., 6320 Canoga Ave 8th Floor, Woodland Hills, CA 91367.

A Business Search for WMC MORTGAGE CORP at the Colorado Secretary of State online
database yielded the following information:
!19

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Details
Name
WMC MORTGAGE CORP., Colorado Authority Relinquished March 17, 2008
Status Withdrawn
Formation date
10/23/1962
ID number
19871947837
Form
Foreign Corporation
Periodic report month
October Jurisdiction
California
Term of duration Perpetual
Principal office street address
3100 Thornton Ave., Burbank, CA 91504, United States
Principal office mailing address
3100 Thornton Ave., Burbank, CA 91504, United States

!!
!!
!!

Registered Agent
Name
Prentice Hall Corp System Inc
Street address
1560 Broadway Ste 2090, Denver, CO 80202, United States
Mailing address n/a

!!

http://www.sos.state.co.us/biz/BusinessEntityDetail.do?
quitButtonDestination=BusinessEntityResults&nameTyp=ENT&entityId2=19871947837&srchTyp=
ENTITY&fileId=20081145393&masterFileId=19871947837

On Page 1 of 16 to the right of the document title line appears the Grantors surname Cassino
underneath which appears to be a loan number #10555659 followed by a MERS Identification
Number (hereafter designated as MIN) 100136300105556590. To the left of the document title
line is a number designated as Serv #110555659-9. The preceding number is non-specific (but
could be the servicers file number). In the center of Page 1 of 16 is what appears to be the stamp
of First American Heritage Title with a handwritten file number immediately below and
overlapping the stamped image: JJ33488B03.

The bottom of Page 1 of the document bears the seal of Jefferson County, Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson
County Clerk and Recorder, and is dated March 27, 2014.

To form, the document appears to be a Colorado - Single Family - Fannie Mae/Freddie Mac
UNIFORM INSTRUMENT, Form 3006, approved for use since January of 2001, consisting of
13 pages; a single-page Exhibit A containing the legal description of the subject property; and a
2-page Arbitration Rider which concludes the 16-page document. There is a specific
DEFINITIONS section within this document, beginning at Page 1 of 13 of the actual Deed of
Trust (Security Instrument) and ending at Page 2 of 13; the following of which are applicable to
this assessment:

Definition A recites the creation date of this document which is June 25, 2003. To form, this
deed of trust is a COLORADO Single Family Fannie Mae/Freddie Mac UNIFORM
INSTRUMENT Form 3006 (with no mention of MERS on the form listing at the bottom of each
page), approved for use as of January of 2001.
!20

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

Definition B recites the names of the Borrower (as Grantor) as Lance R. Cassino. The
Borrowers initials appear on each page of the Deed of Trust portion of the recorded Instrument
with the exception of the signature page.

Definition C recites the Lender as WMC MORTGAGE CORP organized and existing under
the laws of California, P.O. Box 54089 Los Angeles, CA 90054-0089.
http://
kepler.sos.ca.gov/ At present, this entity known to be defunct.

Definition D recites the original Trustee as the PUBLIC TRUSTEE OF JEFFERSON


COUNTY, CO, 100 Jefferson County Parkway Suite 2510/1540, Admin and Courts Facility,
Golden, CO 80419 eforeclosures@jeffco.us http://jeffco.us/public-trustee/

Definition E MERS (an acronym for Mortgage Electronic Registration Systems, Inc.,
whose parent company, MERSCORP, Inc. owns the electronic database) is listed as a separate
corporation that is acting solely as a nominee WMC Mortgage and its successors and assigns.
MERS also claims it is acting as a beneficiary herein, even though in policy papers, MERS
admits it does not actually hold the note and that it did not loan this Borrower any money. The
loan number appears to be incorporated into the Mortgage Identification Number (hereinafter
MIN). With a search of the MERS online database by situs address, the following information
was obtained (Chase Manhattan Mortgage Corp. - BC Lending also claims to be the investor):

"

"

MIN:1001363-0010555659-0

Note Date:06/30/2003

Servicer: Chase Manhattan Mortgage Corp. - BC Lending

MIN Status: Inactive


Phone:(866) 265-6459

San Diego, CA

!https://www.mers-servicerid.org/sis/index.jsp
Definition F The Note described herein is for the sum of $150,000.00 plus interest. The Note is
dated June 25, 2003. The loan number of #10555659-9 (and its counterpart, without the -9
added) appears to run in the upper, left-hand and right-hand corners of each page of the
document.

Definition G recites the term Property to mean the property that is described below, under
the heading Transfer of Rights in the Property.

!21

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Definition I is the section reserved for any attached Riders, of which the Others box is
checked (x) and Arbitration Rider added.

Definition R recites the phrase Successor in Interest of Borrower to mean any party that has
taken title to the Property, whether or not that party has assumed the Borrowers obligations
under the Note and/or this Security Instrument.

On Page 2 of 13, under the heading TRANSFER OF RIGHTS IN THE PROPERTY, MERS
again claims itself to be the beneficiary of this Security Instrument. It names the Trustee as to the
party to which the Grantor irrevocably grants and conveys in Trust with power of sale, the
subject property herein. The legal description is not included here but attached as Exhibit A.
The situs address of the subject property follows the reference to Exhibit A.

On Page 3 of 13, following the situs address, MERS claims to hold only legal title to the interests
granted by Borrower, but in the event state law permits, MERS has the right to foreclose and sell
the Property; and to take any action required of the Lender including, but not limited to releasing
and canceling the Security Instrument.

PREPARERS NOTES: It is highly doubtful that the Borrower recognized the problems
created herein because Colorado Foreclosure Law not only recognizes the Trustee as a
necessary party with a fiduciary responsibility to both the Borrower and Lender, but with
the Public Trustees interest in the title to the property, this appears to conflict with
MERSs claimed interest in the title to the Property. In previous legal arguments, MERS
insists that it only holds bare legal title for the purposes of recording its place card so
that no other intervening assignees need record assignments. This matter of convenience
is subject to challenge.

!
http://www.foreclosurelaw.org/Colorado_Foreclosure_Law.htm
!

The situs address, noted as 13883 S Wamblee Valley Road, Conifer, Colorado 80433, is included
immediately below the legal description reference to the property. The tax assessors parcel ID
number (hereinafter APN) is conspicuously missing from this section (which is customarily
provided in most security instruments). The seisin mechanism follows the situs address at the
bottom of Page 3 of 13 and thus will not be restated.

There are specific Uniform and Non-Uniform Covenants within this security instrument,
beginning at Page 3 of 13 and ending at Page 11 of 13. Those specific to the chain of title are
mentioned below, to wit:

Paragraph 4 (Charges; Liens.), on Pages 4 and 5 of 13, contains language wherein the
Borrower covenants to pay all taxes, assessments, fines and impositions attributable to the
Property.

!22

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Paragraph 6 (Occupancy.) on Page 6 of 13, contains language that requires the Borrower to
occupy the residence as their primary residence for a specific time period.

Paragraph 9 (Protection of Lenders Interest in the Property, etc.), on Page 6 of 13, contains
language that if the Borrower fails to preserve the Lenders interest in the Property, the Lender
may take whatever action is necessary to preserve its interests and assess all applicable charges
and fees to the Borrower.

Paragraph 16 (Governing Law; Severability; Rules of Construction.), on Page 9 of 13, contains


a severability clause.
Paragraph 18 (Transfer of the Property or a Beneficial Interest in Borrower.), on Pages 9 and
10 of 13, appears to contain language that requires the Borrower to get written permission from
the Lender to transfer any interest they might have in the Property to any other party. Failure to
do so would appear to trigger what some might consider a due on sale clause.

Paragraph 20 (Sale of Note; Change of Loan Servicer; Notice of Grievance.), on Page 10 of


13, contains the provisions wherein the Lender may sell the Note or a partial interest in the Note
(together with this Security Instrument) one or more times without prior notice to Borrower. A
sale might result in a change in the entity (known as the Loan Servicer) that collects Periodic
Payments due under the Note and this Security Instrument

PREPARERS NOTES: It is the foregoing Covenant that appears to allow MERSCORP


members to utilize the MERS electronic database to transfer the Borrowers Note, in whole
or in part, multiple times. It is estimated that the Note may have been transferred as many
as nine (9) times BEFORE the Borrower even affixed his signature to this document and
the note.

Under the NON-UNIFORM COVENANTS, Paragraph 23 (Release.), on Page 11 of 13,


reserves the right of the Lender, upon payment of all sums due, to reconvey the Property back to
the Borrower with the Borrower paying all of the recordation costs; however, this section does
NOT purport to demonstrate the condition or warranty of title upon reconveyance.

Paragraph 24 (Waiver of Homestead) appears to indicate that by signing this document, the
Borrower waives his right to claim this Property as his homestead, which also may eliminate any
option to redemption periods if applicable.

!
!

The document appears to have been executed by the Grantor (the Borrower herein; on Page 12 of
13), on June 25, 2003 before one LISA G. TURNER, a notary public in and for the State of
Colorado, County of Jefferson, whose commission appeared to be valid at the time this
attestation was made. Upon a search of the notary filings within the Colorado Secretary of States
online database, the following information was obtained regarding this notary:
Search Results

!23

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Search Results

Notary ID Name
start date
expiration date
20054030652
20014039425
19874206955

Commission
Commission
Status
TURNER, LISA
TURNER, LISA G
TURNER, LISA L

08/04/2005
12/17/2001
09/09/1985

08/04/2013
01/31/2010
09/09/1989

EXPIRED
EXPIRED
EXPIRED

History
Notary
ID

20014039425

Name

TURNER, LISA
G

Expiratio
n

2010-01-31

Status

EXPIRED

Event

Date

Notary application

12/17/2001

Notary application

01/31/2006

Details

!
https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml
!!
Exhibit A, on Page 14 of 16, states the legal description of the subject property, to wit:
!
(1 of 1)

A PARCEL OF LAND LOCATED IN THE NORTHEAST OF THE NORTHWEST


OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6TH P.M. COUNTY
OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST OF THE


NORTHWEST OF SAID SECTION 10, THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID NORTHEAST OF THE NORTHWEST 1/4, A DISTANCE
OF 238.25 FEET TO A POINT; THENCE EASTERLY AND PARALLEL WITH THE
SOUTHERLY LINE OF SAID NORTHEAST OF THE NORTHWEST , A DISTANCE
OF 956.89 FEET TO A POINT ON THE WESTERLY LINE OF AN ACCESS
EASEMENT; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE
(3) CORSES: THENCE S 26 44 19 W, A DISTANCE OF 47.54 FEET TO A POINT;
THENCE S 17 29 20 W, A DISTANCE OF 110.15 FEET TO A POINT; THENCE S 10
14 08 W, A DISTANCE OF 92.20 FEET TO A POINT ON THE SOUTHERLY LINE OF
SAID NORTHEAST OF THE NORTHWEST ; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 886.02 FEET MORE OR LESS, TO THE POINT
OF BEGINNING.
!24

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

At issue here is that SAID DESCRIBED TRACT CONTAINING 5.0 ACRES MORE OR
LESS is missing from this legal description, despite the fact it is included in Evergreens
survey legal description. There is no explanation provided as to why the title company
closing this loan identified the Property using this particular legal description, and not
including the amount of acreage involved.

The 2-page Arbitration Rider discusses further obligations and conditions of the Borrower. The
Borrower appears to have affixed his signature to Page 2 of 2 of the attached Rider, without
notarization. It appears to reflect that all issues arising from this transaction are subject to
arbitration as to severability issues. This appears to be a unilateral adhesion contract (for all
intents and purposes) that places a lien upon the subject Property. No promissory note was
included as part of this assessment.

!
!
DOCUMENT #10: REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
!

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on January 9, 2004, at 7:30:00 a.m., bearing Recorders Reception No.
F1940213. It appears a recording fee of $6.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. It appears the recording was requested by
WASHINGTON MUTUAL BANK FA (P.O. Box 47529, San Antonio, TX 78265-7529) and
returned to Washington Mutual at that address after recordation. Colorado Secretary of State
Business entity information included at Document #6 of this assessment will not be restated.

In the top section it appears to state the Washington Mutual Stockton 156 Loan Number of
0068007913 Cassino along with what appears to be a Lender ID number of
A01/013/0068007913 and Escrow/Title number JJ33488B02; each listed directly under the title
line of the document. Following is what appears to be information regarding the original Deed
of Trust, executed June 12, 2002, recorded June 25, 2002, with Reception No. F1510077
(Document #6 of this assessment).

It appears the top section of the recorded instrument is a request to the PUBLIC TRUSTEE OF
JEFFERSON COUNTY, CO to execute a release on the subject property of recorded Deed of
Trust as the indebtedness of $115,000.00 has been satisfied.

This section of the document appears to have been executed by the Grantor (the Lender herein)
on October 22, 2003, and bears the signature of NANCY STATON, with the title of Assistant
Vice President, Washington Mutual Bank FA, before one C. GUEL, a Notary Public in and for
Bexar County, in the State of Texas, whose commission appeared to be valid at the time this
attestation was made. Upon a search of the notary filings within the Texas Secretary of States
online database, the following information was obtained regarding this notary:
Found: 1 Displayed: 1

!25

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Found: 1 Displayed: 1

Name: C. Guel - ID: 12015507


Address: 9601 Mcallister Fwy
San Antonio, Tx 78216
Expires: Jun 23, 2008
County: Bexar
Agency: Capitol Surety Bond Underwriters Agy
Surety Company:
Western Surety Company

!
!!
!
https://direct.sos.state.tx.us/notaries/NotarySearch.asp
!!
History As
Effective Expire Date
Recommissioned
C. Guel 06/23/2004
06/23/2008
Commissioned Notary Public
C. Guel 06/23/2000
06/23/2004

Upon an online search of the signor Nancy Staton, the following information was obtained:

Nancy Staton
Mortgage Services at Security Service Federal Credit Union
Location San Antonio, Texas Area
Industry Real Estate
Current

Previous

1.

Security Service Federal Credit Union

1.

PropertyInfo Corporation,

2.

Washington Mutual,

3.

HomeSide Lending

https://www.linkedin.com/pub/nancy-staton/b/204/76
http://www.zoominfo.com/p/Nancy-Staton/1941762433

The second section of the document is the Release of Deed of Trust and appears to contain
standard to form release language for the subject property. It appears to have been executed by
MARY SCHAEFER whose name is stamped on the signature line with the title of Public
Trustee for Jefferson County, CO immediately below. A second signature line contains what
appears to be the signature of CARRIE CASE, Deputy Public Trustee (which is typed below the
signature line.Mary Schaefer and Jefferson County, Colorado Public Trustee detail information
has been included at Document #7 of this assessment and will not be restated here.

It appears the document was executed before one MARCELLA J. HOLYCROSS, a notary
public in and for the State of Colorado, whose commission appeared to be valid at the time this
attestation was made. Upon a search of the notary filings within the Colorado Secretary of
States online database, the following information was obtained regarding this notary:
Search Results
verifyNotaryResultF

Notary ID Name
start date
expiration date
20014020851

Commission
Commission
Status
HOLYCROSS, MARCELLA J 07/06/2001

07/06/2005

EXPIRED

!26

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
History
Notary
ID

20014020851

Name

HOLYCROSS, MARCELLA
J

Expiratio
n

2005-07-06

Status

EXPIRED

Event

Date

Notary application

07/06/2001

Details

!https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml
!!

Below the notarial jurat appears the contact information for Washington Mutual Bank FA, P.O.
Box 47529, San Antonio, TX 78265-7529.

The bottom of Page 1 of the document bears the seal of Jefferson County, Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson
County Clerk and Recorder, and is dated March 27, 2014.

!
There are issues with this Release, to wit:
!
!

(1) The statutory date for filing this document would have been August 13, 2003.
This release was not filed until January 9, 2004, past the statutory 90-period allowed
by Colorado law, to wit:
38-35-124. Requirements upon satisfaction of indebtedness. when all indebtedness,
whether absolute or contingent, secured by a lien on real property has been satisfied,
unless the debtor requests in writing that the lien not be released, the creditor or holder of
the indebtedness shall, within ninety days after the satisfaction of the indebtedness and
receipt from the debtor of the reasonable costs of procuring and recording the release
documents, record with the appropriate clerk and recorder the documents necessary to
release or satisfy the lien of record or, in the case of an indebtedness secured by a deed of
trust to a public trustee, file with the public trustee the documents required for a release
as prescribed by section 38-39-102.

!If the debtor requests in writing that the lien be released, or fails to request in writing that

the lien not be released, then the debtors request or the actual release shall cancel any
obligations on the part of the creditor or holder to make any further loan or advance that
would be secured by the lien. If the person satisfying the indebtedness requests in writing
delivery to him of the cancelled instruments of indebtedness at the time of satisfaction,
the creditor or holder shall be relieved of any further obligation or liability under this
section after such delivery has been completed. Upon satisfaction of the indebtedness, the
creditor or holder shall return to the person satisfying the indebtedness all papers and
personal property of the debtor which have been held by the creditor or holder in
!27

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
connection with the indebtedness. Any person who fails to comply with this section shall
be liable to the owner of the real property encumbered by such indebtedness.

(2) The notarial execution failed to delineate the signor as to the basis of
identification, gender or plurality, which is a marker of document
manufacturing;

(3) The corporate seal was not adopted; none was apparently affixed in lieu
of a rubber stamp indicating such; and

(4) There is no evidence of record (as none was provided) to prove that the
second paragraph of the foregoing statute was complied with. Counsel may
wish to examine the paperwork of the Borrower to determine what papers
he received back from Washington Mutual Bank FA, as this would now
appear to pose a liability upon the creditor and its assigns.

!
!
!

DOCUMENT #11: DEED OF TRUST

This 10-page document was recorded in the real property records of the Jefferson County,
Recorders Office on October 6, 2005, at 12:56:02 p.m., bearing Recorders Reception No.
2005094330. It appears a recording fee of $51.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. After recordation, the original document appears to
have been returned to COMMUNITY MORTGAGE GROUP, INC. (1745 Shea Center Drive,
Suite 270, Highlands Ranch, Colorado 80129; Attn: Shipping Dept./Doc. Control).

To form, the document appears to be an FHA Colorado Deed of Trust with MERS for use since
April of 1996 and Amended February, 1998. There are no specific Definitions delineated here
(as commonly found in long-form deed of trust documents); thus, the Preparer will delineate the
applicable sections as follows:

!
The creation and execution date of the document appears to be September 26, 2005.
!

The name of the Borrower (as Grantor) is Lance R. Cassino. It appears that his initials appear
throughout the document in the spaces provided for such, except for the signature page.
MERS (P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS/6377) is listed as the
beneficiary is acting solely as nominee for the Lender and Lenders successors and assigns.
MERS is organized and existing under the laws of the State of Delaware. https://
www.mersinc.org/.
Using the MERSCORP-owned database, the following information
(including the Borrowers personal identifying information) was submitted, which yielded the
following results:

!28

"

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

"
!2 records matched your search:
MIN:1002282-1210505017-8

Note Date:09/26/2005

Servicer: JP Morgan Chase Bank N.A. fka WAMU

MIN Status:Inactive
Phone:(800) 526-2406

Monroe, LA

!https://www.mers-servicerid.org/sis/index.jsp
Using the Borrowers personal identifying information, it was determined that the MERS
platform claims that U. S. Bank, N.A. is the investor. This would lead the Preparer to believe
that a trust vehicle is claiming to own the loan and that Chase is only servicing and does not in of
itself own. It should also be noted that MERSCORP disclaims any statements made as to
accuracy and that the Lenders/Servicers are the parties responsible for inputting and maintaining
the data reported on the database. Thus, the MERSCORP members publish on the MERSCORPowned database what it WANTS THE BORROWERS TO SEE and NOT what may be actually accurate.

The PUBLIC TRUSTEE OF JEFFERSON COUNTY, CO, 100 Jefferson County Parkway Suite
2510/1540, Admin and Courts Facility, Golden, CO 80419 eforeclosures@jeffco.us http://jeffco.us/
public-trustee/ is shown to be the Trustee herein as noted.

The real beneficiary, COMMUNITY MORTGAGE GROUP, INC. (1745 Shea Center Drive,
Suite 270, Highlands Ranch, Colorado 80129 Attn: Shipping Dept./Doc. Control), http://
www.cmortgroup.com/ (is shown as the Lender; the true beneficiary under the Deed of Trust)
which is organized and existing under the laws of the State of Delaware. The amount of the debt
Borrower owes Lender is $200,000 and reference is made to Borrowers note dated same date as
this Security Instrument.

On Page 1 of 10, beside and below the document title are the FHA Case No. 052-3798317-; the
MIN No. 1002282-1210505017-8, and what appears to be MERS telephone number as included
in previous paragraph. A SECURITY TITLE stamp is affixed center page, near the bottom of
the document; and it appears the Grantor has initialed each page with the exception of the
signature page. The bottom of Page 1 of 10 of the document bears the seal of Jefferson County
Colorado and the authentication statement of the Clerk and Recorder of Jefferson County which
certifies this document to be a true and correct copy of the original document.
The
authentication is followed by the signature of one Margo Green, Deputy Clerk in the office of
Pam Anderson, Jefferson County Clerk and Recorder, and is dated March 27, 2014.

!
On Page 2 of 10 the Legal Description is stated, to wit:
!

!29

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
EAST HALF SOUTHEAST QUARTER, NORTHWEST QUARTER, NORTHWEST
QUARTER (EA1/2 SE1/4 NW1/4 NW1/4) of SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON,
STATE OF COLORADO.

The Property Tax ID Number 71-102-00-001 is included below the legal description as is the
situs address of 13883 South Wamblee Valley Road, Conifer, CO 80433.
http://jeffco.us/ats/displaygeneral.do?sch=045042&offset=0

!
PREPARERS NOTES ON ISSUES AT THIS JUNCTURE OF THE ASSESSMENT:
!
There appear to be multiple issues with the legal description in this Deed of Trust, to wit:
!
!

!
!

(1) The legal description is not broken out specifically in to the metes and
bounds description containing the 5.0 acre tract. The 5-acre parcel is not specifically
mentioned in the foregoing legal description;
(2) The Preparer of this assessment, in relying on the survey provided by Evergreen,
does not appear to have been filed with neither the county appraiser or assessor;
thus, the parcel number shown on this document appears to indicate one (1)
property. Due to the specific legal description NOT being provided, the actual plat
appears uncertain.
(3) It further appears that the title company processing this transaction failed to
recognize this situation and attempt to file corrected paperwork prior to initiating
the closing. This could result in an errors and omissions issue on the title company.
When searching by parcel number, situs or schedule number, the same inconclusive
information is produced on the Jefferson County Appraisers page; and
(3) Due to the size of the Assessor Property Records Search, the page had to be split
off into two separate and distinct pages in order to be fully legible. The title page
header is shown below, while the actual information appears on the following page.
As the result of this listing, the entire plat, including the improvements, are all
posted on the search results as shown below:

"

!30

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Search Property
Records By:

Address
Parcel ID

Schedule

Reception
Number

Neighborhood
Name

Neighborhood
Number

"

"
1 OF 1
GENERAL INFORMATION
Schedule: 045042
Parcel ID: 71-102-00-001
Status: Active
Property Type: Residential

"

"
Print Help

Property Address:
13883 S WAMBLEE VALLEY RD
CONIFER CO 80433
Mailing Address:
PO BOX 1050
CONIFER CO 80433 1050
Owner Name(s)
CASSINO LANCE R

Subdivision
Name

Neighborhood: 9143 - RICHMOND HILL CORRIDOR


PROPERTY DESCRIPTION
Subdivision Name: Block
Lot
Key
Section
Township Range
001
10
7
71

Subdivision
Code

Assessor Parcel Maps Associated with Schedule


pmap71-10.pdf

Maps

PROPERTY INVENTORY
Property Type RESID

QuarterSection
Land Sqft
NW
1960200
Total
1960200

Graphic Parcel Map MapQuest Location

Design: 2 Story
Item
Quality
MAIN BEDROOM
FULL BATH
3FIX-3/4 BATH
MAIN FIREPLCE
Areas

Year Built: 1917

Improvement Number: "


No.
3
Fair
1
Fair
1
Fair
1
Quality
Construction

Adjusted Year Built: 1934

Sqft
FIRST FLOOR
Fair
SECOND FLOOR Fair
COVERED PORCH Fair
DETACH GARAGE Fair
RES BLDG/SHED

F
F
F
F

1706
816
95
864
336

Land Characteristics
Coverage
Exposure
Topography

SALE HISTORY
Sale Date Sale Amount
07-10-1972
25,000
09-19-1997
0
12-16-1999
0
TAX INFORMATION
2014 Payable 2015

Deed Type Reception


24100313
Letter or Letters
F0910678
Personal Representative Deed
F0992014
Actual Value
Total
353,910
Assessed Value
Total
28,171

2013 Payable 2014


Actual Value
Total
353,910
Assessed Value
Total
28,171

View Mill Levy Detail For Year


2014 Mill Levy Information
Tax District
4482
County
TBA
School
TBA
ELK CREEK FIRE DIST
TBA
LAW ENFORCE. AUTHORITY TBA
REGIONAL TRANSPORTATION DIST
TBA
UPPER SO PLATTE WATER C DIST
TBA

!31

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
On Page 2 of 10, following the situs address, MERS claims to hold only legal title to the interests
granted by Borrower, but in the event state law permits, MERS has the right to foreclose and sell
the Property; and to take any action required of the Lender including, but not limited to releasing
and canceling the Security Instrument. Again, this in of itself appears to conflict with the duties
of the Public Trustee.

!
The seisin mechanism follows on Page 2 of 10 and thus will not be restated.
!

There are specific UNIFORM and NON-UNIFORM COVENANTS within this security
instrument, beginning at Page 2 of 10 and ending at Page 8 of 10. Those specific to this
assessment are mentioned below, to wit:

Paragraph 2 (Monthly Payment of Taxes, Insurance and other Charges.), on Page 2 of 10,
contains language wherein the Borrower covenants to pay all taxes, assessments, fines and
impositions attributable to the Property.

Paragraph 5 (Occupancy, etc.), on Page 4 of 10, contains language that requires the Borrower
to occupy the residence as primary residence for a specific time period.

Paragraph 7 (Charges to Borrower and Protection of Lenders Rights in the Property.), on


Pages 4 and 5 of 10, contains language that if the Borrower fails to preserve the Lenders interest
in the Property, the Lender may take whatever action is necessary to preserve its interests and
assess all applicable charges and fees to the Borrower.

Paragraph 14 (Governing Law; Severability.), on Page 6 of 10, contains a severability clause.


Under the NON-UNIFORM COVENANTS:

Paragraph 19 (Release.), on Page 8 of 10, reserves the right of the Lender, upon payment of all
sums due, to reconvey the Property back to the Borrower with the Borrower paying all of the
recordation costs; however, this section does NOT purport to demonstrate the condition or
warranty of title upon reconveyance. It further does NOT delineate that the Trustee so named to
perform this function: Is the Public Trustee or is it MERS acting through a third party?

Paragraph 20 (Waiver of Homestead.) recites the acceptance by the Borrower that he will not
homestead his Property. As noted earlier, this may waive redemption rights or other issues to
title.

There are no additional Riders attached to this Instrument, as noted. The document appears to
have been executed by the Grantor (the Borrower herein), on September 26, 2005, before one
DEBORA WOOD, a notary public in and for the State of Colorado, whose commission
appeared to be valid at the time this attestation was made.

!32

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Upon a search of the notary filings within the Colorado Secretary of States online database, the
following information was obtained regarding this notary:

History

Notary ID

Name

Commissio
n
start date

Commission
expiration
date

Status

1996401946
2

WOOD, DEBORA

11/12/1996

12/17/2012

EXPIRE
D

2010400327
9

Wood, Debora

02/03/2010

02/03/2014

EXPIRE
D

1992401765
9

WOOD, DEBORA
G

12/28/1992

12/31/2000

EXPIRE
D

History
Notary ID

19964019462

Name

WOOD,
DEBORA

Expiratio
n

2012-12-17

Status

EXPIRED

Event

Date

Notary application

11/12/1996

Change name (legacy)

11/12/1996

Notary application

12/05/2000

Notary renewal

11/04/2004

Notary renewal

12/17/2008

Details

OLD NAME: DAVIS,


DEBORA

(1 of 1)

https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml

Other than any issues discussed within the assessment, this appears to be a unilateral adhesion
contract (for all intents and purposes) that places a lien upon the subject Property. No promissory
note was included as part of this assessment.

!
!
!

DOCUMENT #12: UNRECORDED DOCUMENT


NOTICE FROM COMMUNITY MORTGAGE GROUP

Correspondence from COMMUNITY MORTGAGE GROUP, INC. (as Lender) giving notice
to LANCE R. CASSINO (as Borrower) that Loan No 1210505017 secured by Deed of Trust as
recorded in Jefferson County, Colorado land records #2005094330 (Document #11 of this
assessment) has been sold to WATERFIELD MORTGAGE (P.O. Box 1289, Fort Wayne,
Indiana 46801).

With an online search, the following information regarding Waterfield Mortgage was obtained:
!33

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Over its 78 year history, it gradually became one of the largest independent mortgage companies in
the country, with over 40 branches in 22 states and over 2,600 employees. It was sold to American
Home Mortgage Co. in 2006.
In 1984, the Waterfield family bought the Union Federal Savings & Loan Assn. of Indianapolis from
the FSLIC. Under this new ownership, the thrift grew from $300 million in assets to $3.7 billion,
before it was sold to Sky Bank in 2006.

http://waterfieldcapital.com/index.html

In addition, it appears UNION FEDERAL BANK OF INDIANAPOLIS (P.O. Box 1289, Fort
Wayne, Indiana 46801 (800) 444-9847) will be the new servicer of the loan, and will start
accepting payments on October 31, 2005. Further, all inquiries should be addressed to Union
Federal Bank at the included address and telephone number.

At issue with this notice is that it does not appear to contain an execution date nor signature
on behalf of Community Mortgage, Waterfield Mortgage or Union Federal Bank of
Indianapolis. A considerable portion of the document is illegible due to poor copy provided
to Preparer; the accompanying note by Borrower states to the best of his recollection the
Notice arrived in October of 2005.

!
!
!

DOCUMENT #13: UNRECORDED DOCUMENT


NOTICE FROM COMMUNITY MORTGAGE GROUP

Correspondence from COMMUNITY MORTGAGE GROUP, INC. (as Lender) giving notice
to LANCE R. CASSINO (as Borrower) that Loan No. 1210505017 secured by Deed of Trust as
recorded in Jefferson County, Colorado land records #2005094330 (Document #11 of this
assessment) has been sold to WASHINGTON MUTUAL BANK, FA (P.O. Box 660139, Dallas,
Texas 75266-0139, (800) 829-9110).

The notice was executed November 1, 2005, by one ELIZABETH HESS whose title/position with
Community Mortgage Group is illegible due to poor copy provided to Preparer. As dated, the
notice instructs Borrower to send payment to Washington Mutual Bank at the address given
beginning with the November 1, 2005 payment.

The notice then states to please send your November 1, 2005 payment to Community Mortgage
Group, Inc. at the address given, and that Borrowers payment has not changed, stating the
specific breakdown and total of monthly payment. In addition, it informs Borrower that
Washington Mutual Bank will forward payment information and/or coupons soon.

The notice closes by informing Borrower that any questions should be directed to Washington
Mutual Bank, FA (at telephone number included above).

There are multiple issues with this notice, to wit:


!34

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
!
!

(1) There appear to be conflicting ownership interests based on future documents in


the chain of title:
(a.) Document #16 (Corporate Assignment, dated September 9, 2011) claims
that MERS as nominee on behalf of Community Mortgage Group has
assigned the Deed of Trust to JPMorgan Chase Bank;
(b.) The letter herein denoted that the loan was sold to Washington Mutual
Bank, FA. During this time frame, Washington Mutual Bank, FA (hereinafter
WaMu) had a propensity to place these loans in its own trust pools,
managed by WaMu; and
(2) Because it appears that Community Mortgage Group, Inc. (hereinafter CMG)
may be a table-funded lender, the actual funds may have come from a trust pool to
reimburse CMG or in the alternative, may have come directly to the Borrower from
the pool at closing. Counsel may wish to utilize discovery to ascertain which of these
scenarios occurred.

!
!
DOCUMENT #14: REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
!

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on December 15, 2005 at 7:30:00 a.m., bearing Recorders Reception No.
2005128042. It appears a recording fee of $6.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. It appears the recording was requested by PEELLE
MANAGEMENT CORPORATION (P.O. Box 30014, Reno, NV 89520-9819).
https://www.nvsilverflume.gov/businessSearch

The top section, dated October 17, 2005, contains information regarding the original deed of
trust, to wit: Loan Number 1688822; Grantor Lance R. Cassino; with MERS Beneficiary
(Lender) as nominee for WMC Mortgage Corp. The original Deed of Trust, with execution date
of June 25, 2003, recorded August 13, 2003 with Recorders Reception No. F1835678
(Document #9 of this assessment). It appears the top section of the recorded instrument is a
request to the PUBLIC TRUSTEE OF JEFFERSON COUNTY, CO to execute a release on
the subject property of the recorded Deed of Trust as the indebtedness of $150,000.00 has been
satisfied.

This section of the document appears to have been executed by MERS as nominee for Lender
on October 17, 2005, and bears the signature of SHANNON BLUM, with the title of Vice
President, Mortgage Electronic Registration Systems, Inc. before one PAULA WARD, a Notary
Public in and for Santa Clara County, in the State of California, whose commission appeared to
be valid at the time of acknowledgment.
!35

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Upon a search of the notary filings (by name, commission number and county) within the
California Secretary of States online database, resulted in no further information regarding this
notary.
http://www.sos.ca.gov/business/notary/notary-online-listing.htm

The second section of the document is the Release of Deed of Trust and appears to contain
standard to form release language for the subject property. It appears to have been executed by
MARY SCHAEFER whose name is stamped on the signature line with the title of Public
Trustee for Jefferson County, CO immediately below, and whose seal is stamped at the right
margin. A second signature line contains what appears to be the signature of BARBARA
LYONS, Deputy Public Trustee (which is typed below the signature line.

Mary Schaefer detail information included at Document #7 of this assessment and will not be
restated.

Below the signatures a notation denoting the document was signed by Barbara Lyons, Deputy
Public Trustee on December 15, 2005 and further states that notarization is no longer required in
Colorado Per Statute 38-35-106 C.R.S.

The contact information for Peelle Management Corporation, P.O. Box 1710, Campbell, CA
95009 (408) 866-6868 follows the signature of Barbara Lyons. What appears to be file
identification numbers follow on the next line, to wit: 90864 RECON.CO 05-059 CO Jefferson
2180:36 11; and MIN#1001363-0010555659-0 from the original Deed of Trust document,
followed by MERS Tel # 1-888-679-6377. There are two bar codes immediately below.

The bottom of Page 1 of the document bears the seal of Jefferson County, Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson
County Clerk and Recorder, and is dated March 27, 2014.

There are multiple issues with the preparation, drafting, execution and recordation of this
Release, to wit:

!
!
!

(1) The statutory date for filing this document was exceeded by nine (9) days, in
violation of Colorado Statute 38-35-124, supra;
(2) There is no evidence per the foregoing statute that the Borrower received the
documents he was entitled to upon reconveyance;
(3) There is a clear issue with the parties entitled to reconvey the Property, as the
Lender is this case is NOT Peelle Management Corporation of Reno, Nevada;
!36

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
!
!
!
!
!
!

(4) Peelle Management Corporation is a network-based document manufacturer


with offices in Campbell, California, where the signor of this document and the
notary were located; thus, the following scenarios appear present herein:
(a.) There is sufficient proof (as attached to this assessment in links to
multiple pages involving the signor, Shannon Blum) that it is highly likely
that this person is an employee of Peelle Management Corporation of
Campbell, California (as noted in the bottom address version on this
document);
(b.) That Paula Ward, the notary, in association with Ms. Blum, were NOT
directly involved in the preparation of this document; thus, neither have
actual, personal knowledge of the documents contents;
(c.) That Peelle Management Corporation, not being the lender, executed the
Release in breach of the covenant regarding Release of the WMC lien; and
(d.) Whether Shannon Blum is actually a Vice President of MERS is subject
to challenge due to the official capacity of then-MERS Secretary-Treasurer
William Hultman to make such a designation to Ms. Blum;
(5) The document clearly (and misrepresentatively) states that MERS is the
Original Beneficiary (Lender). This statement is patently false, as the Lender
designation is BEFORE MERS and not BEFORE WMC MORTGAGE CORP;
(6) Now that WMC Mortgage Corporation is defunct, it is unknown as to whether
Peelle Management Corporation, a known third-party document mill, actually has
any of the Borrowers return files in its possession; and
(7) Due to the fact WMC relied on a third party to initiate this Release, it is highly
likely that the transference of information was based on hearsay, computergenerated data and the parties who executed the document were NOT the same
parties who prepared it.

DOCUMENT #15: NOTICE OF ELECTION AND DEMAND FOR SALE

This single-page document was electronically recorded in the real property records of the
Jefferson County, Recorders Office on March 17, 2011 at 9:23:46 a.m., bearing Recorders
Reception No. 2011028024. It appears a recording fee of $11.00 was paid to record this
document in the land records as evidenced by the Recorders file stamp, which was affixed at
the upper right corner of the single page of this recorded Instrument.

!37

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
The document appears to have been recorded on behalf of JPMORGAN CHASE BANK,
N A T I O N A L A S S O C I A T I O N ( h t t p : / / w w w. s o s . s t a t e . c o . u s / b i z /
AdvancedSearchCriteria.do)and be addressed to Public Trustee No. J1100595, of Jefferson
County, Colorado; referring to the Deed of Trust executed September 26, 2005 and recorded
October 6, 2005 as Recorders Reception No. 2005094330 (Document #11 of this assessment) as
originally for the benefit of Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for Community Mortgage Group, Inc., the document declares the note to be in violation
of the covenants of said Deed of Trust, sets the balance due as $185,465.53 and demands the
Public Trustee give notice, advertise and sell the property, to wit:

EAST HALF SOUTHEAST QUARTER, NORTHWEST QUARTER, NORTHWEST


QUARTER (EA1/2 SE1/4 NW1/4 NW1/4) of SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON,
STATE OF COLORADO.

Also known as: 13883 South Wamblee Valley Road, Conifer, CO 80433. The Notice is dated
March 9, 2011 and signed by one LISA CANCANON, an attorney with the law firm of
Aronowitz & Mecklenburg, LLP, 1199 Bannock Street, Denver, Colorado, 80204.

Colorado Attorney Information


Name

Status

Registration /
Bar Number

Cancanon, Lisa

ACTV

42043

"
Is in Private Practice

Carries Professional Liability Insurance

Yes

Yes

"
Business Information
Phone

Fax

(303) 327-8780 (303) 327-8780

(303) 813-1107 (303) 813-1107

Firm Name
Aronowitz & Mecklenburg, LLP
Business Address
1199 Bannock Street

City

State

Zip Code

Denver

CO

80204

Admission Date
05/17/2010
!38

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

!
There are multiple issues with the recordation of this document, to wit:
!
(1)

(2)

(3)

(4)

Despite the scenario involving the FDIC seizing WaMu on September 25,
2008, there are issues with the actual ownership of assets by JPMorgan
Chase Bank, National Association (hereinafter Chase) as to whether it has
any authority to give such notice;
Without any real evidence of transfer of the actual Note to Chase, via a
recorded assignment, Chase could not demand the Public Trustee to act on
its behalf to foreclose and sell the Property;
Community Mortgage Group, Inc. sent Notice to the Borrower in October,
2005 claiming that the Note had been sold to Washington Mutual Bank, FA.
Again, there is no recorded Assignment from Community Mortgage Group,
Inc. (as Grantor) to Washington Mutual Bank, FA (as Grantee; or from
Washington Mutual Bank, FA (as Grantor) to JPMorgan Chase Bank,
National Association (as Grantee); and
As a result of this effort, the law firms actions on behalf of the Public
Trustee could become a liability under specific consumer protection issues.

The following article speaks to the suspect activity engaged in by this particular law firm:

Colorado Whacks Foreclosure Attorneys, Hard


By MEGAN GALLEGOS

DENVER (CN) - Two of the biggest foreclosure law firms in Colorado


overcharged clients and homebuyers millions of dollars, the Colorado
Attorney General claims in two lawsuits.
Attorney General John Suthers on Monday sued Aronowitz & Mecklenburg
LLP, law firm owners Stacey L. Aronowitz, Joel T. Mecklenburg and Robert J.
Aronowitz, and the Assured Title Agency, Denver County Court.
In a virtually identical lawsuit, Colorado sued Aronowitz's top competitor, The Castle Law Group LLC,
Lawrence A. Castle, Caren A. Castle, its other owners and affiliates.
Citations in this article are from the Aronowitz complaint.

!39

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Suthers claims an investigation showed that Aronowitz and Castle inflated foreclosure costs to
enormous profits.
"This action is the result of the state's extensive two-year civil law enforcement investigation of
foreclosure law firms, including Aronowitz & Mecklenburg ('Aronowitz' or 'the law firm'), that have
performed the vast majority of the roughly 275,000 residential foreclosures in Colorado since 2006,"
according to the complaint.
"This investigation revealed that these law firms, including Aronowitz, unlawfully exploit the
foreclosure process by misrepresenting and inflating the costs they incur for foreclosure-related services
to fraudulently obtain tens of millions of dollars in unlawful proceeds. Although the law firms agreed to
perform these routine foreclosures for a flat attorney fee, they viewed this fee as insufficient and devised a
scheme to generate additional millions by inflating foreclosure costs. Homeowners, purchasers, investors
and taxpayers paid for and continue to pay for these fraudulent charges."
Colorado claims that Aronowitz and Castle got away with it because there was no one around to enforce
fair prices.
"Defendants get away with this extensive fraud by taking advantage of the inherent lack of oversight in
the foreclosure process. The mortgage servicers that hire the law firm on behalf of the loan's investor rely
upon the law firm to perform all the legal work in the foreclosure for an agreed-upon flat attorney fee (the
'maximum allowable fee') and to pass through only its actual, necessary and reasonable costs. Servicers do
not conduct market analyses of these foreclosure reasonable costs. Servicers do not conduct market
analyses of these foreclosure costs; rather, they rely on the law firm to comply with the law and investor
guidelines by charging costs that are actual, reasonable and the market rate," the 35-page complaint
states.
"Defendants also get away with charging excessive, unauthorized and unlawful costs because no
homeowner, purchaser or taxpayer can challenge the law firm's claimed costs. Nor may the public
trustees, which administer the foreclosure process, or the courts, which authorize the foreclosure sale,
challenge these costs. Thus, a homeowner seeking to save his home from foreclosure or a person
purchasing a property at auction must pay whatever costs the law firm claims to have incurred in
performing the foreclosure. If the property returns to the lender, the mortgage servicer assesses these
costs to the investor or insurer, which are often borne by taxpayers."
Although the defendant firms are competitors, Suthers claims that they worked together.
"For example, in early 2009 when the Colorado Legislature began considering a bill to allow for a brief
foreclosure deferment that would require posting a notice similar to an eviction notice, Stacey Aronowitz
began working with Caren Castle of The Castle Law Group ('Castle'), Aronowitz's largest competitor, on
what they could get away with charging. Stacey Aronowitz emailed a foreclosure lawyer in another state
that also required a foreclosure posting and asked: 'I am curious how much you get away with charging ...'
She later emailed Caren Castle: 'I just wanted our offices to try and get on the same page on what we are
charging for all of this.' They agreed that Caren Castle would try to seek approval from Fannie Mae, the
dominant investor in the foreclosure industry, to charge $125 for this new posting, not the $25 charged

!40

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
for similar eviction postings.
"Accordingly, these two competitors, who handle 75 percent of Colorado foreclosure filings,
coordinated to set the minimum price for posting at $125 - an amount unrelated to the actual cost for such
postings or the market rate charged by unaffiliated vendors. Once the bill requiring the foreclosure
posting passed, Aronowitz and Castle secured financial interests in posting companies and claimed
fraudulent and inflated costs of at least $125 per posting. This amount multiplied by tens of thousands of
foreclosures resulted in multimillion-dollar windfall to the posting companies and, directly or indirectly,
to the law firm, Stacey Aronowitz, Robert Aronowitz and Joel Mecklenburg (collectively 'Aronowitz
defendants') and to Castle," according to the complaint.
Suthers estimates both firms charged an extra $350 to $750 for each foreclosure.
Fannie Mae suspended Aronowitz and Castle from handling any its foreclosures due to the high cost,
the attorney general says. He claims the foreclosure investor also informed the firms that overcharging
could cause problems for a large amount of loans.
Colorado seeks disgorgement, an injunction and civil penalties for unjust enrichment, conspiracy,
deceptive trade, and consumer law, debt-collection and antitrust violations.
http://www.courthousenews.com/2014/07/17/69575.htm

h t t p s : / / w w w. g o o g l e . c o m / s e a r c h ? s o u r c e i d = n a v c l i e n t & a q = & o q = a r o n o w i t z + m e c k l e n b u r g + l a w
+firm&ie=UTF-8&rlz=1T4GUEA_enUS587US587&q=aronowitz+mecklenburg+law+firm&gs_l=hp..
1.0l5.0.0.0.7413...........0.VbQDSFAXeR4

The issues with the WaMu-Chase-FDIC-DOJ scenario will be discussed in more detail in
this assessment.

!!

DOCUMENT #16: WITHDRAWAL OF NOTICE OF ELECTION AND


DEMAND FOR SALE BY PUBLIC TRUSTEE

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on April 21, 2011 at 10:53:11 a.m., bearing Recorders Reception No.
2011039793. It appears a recording fee of $11.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument.

This document is addressed to the Public Trustee Jefferson County, Colorado (J1100595) and is a
withdrawal of the demand for sale of the property noticed by the March 17, 2011 recorded
instrument 2011028024 (Document #14 of this assessment).

It appears to have been executed April 14, 2011 and is signed by STACEY ARONOWITZ of
Aronowitz & Mecklenburg, LLP, 1199 Bannock Street, Denver, Colorado, 80204, on behalf of
JPMorgan Chase Bank, National Association.

Colorado Attorney Information

!41

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

Colorado Attorney Information


Name

Status

Registration /
Bar Number

ARONOWITZ, STACEY LYNN

ACTV

36290

"
Is in Private Practice

Carries Professional Liability Insurance

Yes

Yes

"
Business Information
Phone

Fax

(303)813-1177 (303)813-1177

(303)813-1107 (303)813-1107

Firm Name
Aronowitz & Mecklenburg
Business Address
1199 Bannock Street

City

State

Zip Code

Denver

CO

80204-3628

Admission Date
05/18/2005

!
h t t p : / / w w w. c o l o r a d o s u p r e m e c o u r t . c o m / S e a r c h / A t t d e t . a s p ? R e g = 3 6 2 9 0
!

The document declares the notice and demand for sale (Document #14 of this Assessment) has
been withdrawn effective April 21, 2011 and is signed by MARGARET T. CHAPMAN, Public
Trustee in and for Jefferson County, Colorado.
Your Search Returned 1 Record.
FC #
Owner Name
Street
J1100595
Lance R. Cassino
Withdrawn

Zip
Subdivision
Balance Due
13883 South Wamblee Valley Road 80433

Status
$185,465.53

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

NOTE: The scribbled signature on this Withdrawal is suspect for surrogate signing.
!42

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
DOCUMENT #17: CORPORATE ASSIGNMENT OF DEED OF TRUST

This single-page document was recorded in the real property records of the Jefferson County,
Recorders Office on September 28, 2011 at 02:40:22 p.m., bearing Recorders Reception No.
2011087676. It appears a recording fee of $11.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. The document appears to have been prepared by one
E. Lance/NTC, 2100 Alt 19 North, Palm Harbor, FL 34683, (800) 346-9152. After recordation
the document was returned to CHASE, P.O. Box 8000, Monroe, LA 71203. A second contact for
JPMORGAN CHASE BANK, N.A. for this instrument is included below the document title
line, with the address 780 Kansas Lane, Suite A, Monroe, LA, 71203, telephone (866) 756-8747;
which appears to be the address responsible for receiving payments.

It appears that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS)


(P.O. Box 2026, Flint, Michigan 48501-2026) as nominee for COMMUNITY MORTGAGE
GROUP, INC. assigns and conveys the deed of trust made by Lance R. Cassino September 26,
2005, recorded October 6, 2005 as Instrument #2005094330 (Document #11 of this assessment)
to JPMORGAN CHASE BANK, N.A (address as included above).

The document appears to have been executed September 21, 2011, by BENITO E. CALDWELL,
as Assistant Secretary for Mortgage Electronic Registration Systems, Inc., as nominee for
Community Mortgage Group, Inc., its successors and assigns, before one MICHELLE L. BURR,
notary public in and for Franklin County, State of Ohio, whose commission appeared to be valid
at the time this attestation was made. Upon a search of the notary filings within the Ohio
Secretary of States online database, the following information was obtained:

!http://www2.sos.state.oh.us/pls/notary/f?p=246:1:115843798374536::NO:RP:P1_REQ:S
Comment
MICHELLE L BURR
685 SUMTER STREET GALLOWAY OH 43119-8564
FRANKLIN; 2011-RE-389885
Notary Public: 27-NOV-11 06-OCT-11 26-NOV-16
MICHELLE L BURR
685 SUMTER STREET GALLOWAY OH 43119-8564
FRANKLIN; 2006-RE-157092
Notary Public: 27-NOV-06 25-SEP-06
26-NOV-11
MICHELLE LEIGH BURR
685 SUMTER ST GALLOWAY OH 43119-8564
FRANKLIN; 106194
Notary Public: 27-NOV-01 27-NOV-01 26-NOV-06

!43

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

Thus, it appears that this notary no longer holds a commission within the State of Ohio and was
probably an employee of JPMorgan Chase Bank, N.A. at its headquarters in Columbus, Ohio. It
is highly likely however that this person may receive summons at the above address.

!
An online search for Benito E. Caldwell (signor); the following information was obtained:
!

"
!44

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
http://forsythdeeds.com/view_image.php?file=/img/nc/forsyth/re/003046/001070.tif&type=pdf

!h t t p s : / / w w w . g o o g l e . c o m / s e a r c h ? s o u r c e i d = n a v c l i e n t & a q = & o q = B E N I T O
+CALDWELL&ie=UTF-8&rlz=1T4GUEA_enUS587US587&q=BENITO+CALDWELL&gs_l=hp....
0.0.1.740430...........0.bf8_ybZtDpw#q=BENITO+E+CALDWELL+

!
Below the notarial portion of the document are a series of identification numbers:
!

JPCFA 14805666 - - WAMU DP3272406 N, MIN 100228212105050178, and including MERS


telephone number 1-888-679-MERS. A barcode is placed below the numbers with PRMCOJ1
above it at the left margin and *14805666* centered below it. A handwritten 3202.29884 is
below the barcode at the left margin.

!
There are multiple issues with the recordation of this Assignment, to wit:
!
!

!
!
!
!
!

(1) The document is not self-authenticating just because it was recorded in the land
records and served the world with constructive notice;
(2) The document appears to have been self-assigned by Chase at its national
headquarters in Columbus, Ohio with the intent to make the viewer believe that its
archive (and document manufacturing) plant in Ouachita Parish, Louisiana is the
holder of the note with the right to enforce when there is no recorded proof of
such;
(3) The document was prepared by E. Lance, a known employee of Nationwide
Title Clearing (a document manufacturing plant) in Palm Harbor, Florida. This
would indicate to the Preparer that Benito E. Caldwell had no actual personal
knowledge of the documents contents and thus the notary, Michelle L. Burr, may
have committed false swearing by acknowledging a robosigned statement;
(4) Further, the document itself contains markers of manufacturing, to wit:
(a.) affixed rubber stamp names of the parties into blank form signature
and execution lines;
(b.) the basis for identification is even rubber stamped, claiming the signor is
authorized to execute this assignment; and
(5) The originating lender (CMG) sent notice to the Borrower claiming it had sold
the Note to WaMu, yet there is no indication within this document that WaMu was
an intervening assignee and there is no previously-recorded assignment to affirm
such intervening assignee status; and most importantly

!45

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
!

(6) Caldwells signing authority with MERS was not effective until December of
2011. The signing authorities utilized were to have designated titles of Vice
President. Caldwell claims his signing authority is as an Assistant Secretary,
which does not comport with the status allegedly accorded to him by MERS;
(7) MERS own original corporate signing authority allegedly took place on April 9,
1998, during MERS #1 corporate charter. There is no evidence this alleged
authority rolled over into MERS #3 corporate version, which is in operation
today; thus, the original authority that the foregoing signing agreement is based on
to be superceding is in of itself, questionable; and
(8) The notarys commission expired before the effective date of the MERS Signing
Agreement, which could be construed to mean that the notary would have
committed false swearing as to capacity of the signor.

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

!
DOCUMENT #18: NOTICE OF LIS PENDENS
!

This 2-page document was recorded in the real property records of the Jefferson County,
Recorders Office on November 18, 2011 at 9:34:35 a.m., bearing Recorders Reception No.
2011105050. It appears a recording fee of $16.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
the single page of this recorded Instrument. After recordation the document was returned to
Fred Gabler, Karsh Fulton Gabler Joseph PC, 950 South Cherry Street, Suite 710, Denver,
Colorado 80246.

Page 1 of 2 contains the Lis Pendens court document filed in the District Court, County of
Jefferson, Colorado document which bears the Case No. 2011cv4858 which establishes
JPMorgan Chase Bank, National Association as Plaintiff and Lance R. Cassino; Community
Mortgage Group, Inc.; Mortgage Electronic Registration Systems, Inc.; and Margaret T.
Chapman, as Public Trustee of Jefferson County, Colorado as Defendants. The body of text
maintains that an action has been filed to assert claims against the title of real property and
improvements thereon.

The bottom of Page 1 of the document bears the seal of Jefferson County, Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document.
!46

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

The authentication is followed by the signature of one Margo Green, Deputy Clerk in the office
of Pam Anderson, Jefferson County Clerk and Recorder, and is dated March 27, 2014. Page 2 of
2 of the Lis Pendens document establishes the legal description of the subject property, to wit:

NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW1/4) of SECTION 10,


TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6th PRINCIPAL MERIDAN,
JEFFERSON COUNTY, COLORADO.
AND
EAST HALF SOUTHEAST QUARTER, NORTHWEST QUARTER, NORTHWEST
QUARTER (EA1/2 SE1/4 NW1/4 NW1/4) of SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN, JEFFERSON COUNTY,
COLORADO.

The situs address appears to be 13883 South Wamblee Valley Road, Conifer, Colorado 98118. It
is dated November 17, 2011 and signed by FRED GABLER, Attorney for Plaintiff, Karsh Fulton
Gabler Joseph PC. http://www.karshfulton.com/attorney-profiles/fred-gabler.html

Colorado Attorney Information


Name

Status

Registration /
Bar Number

GABLER, FRED ALEXANDER

ACTV

8978

"
Is in Private Practice

Carries Professional Liability Insurance

Yes

Yes

"
Business Information
Phone

Fax

(303)759-9669 (303)759-9669

(303)782-0902 (303)782-0902

Firm Name
KARSH FULTON GABLER JOSEPH PC
Business Address
950 S CHERRY ST SUITE 710
City

State

Zip Code

DENVER

CO

80246

Admission Date
09/29/1978

!47

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!
There are multiple issues with this recorded Lis Pendens, to wit:
!
!
!
!

!
!

(1) The assignment being used to grant authority to Chase is based on


(Document #17 herein) facial defects; thus, it appears the authority
attempting to collect on the Note and foreclose on the Property is ultra
vires;
(2) Because Chase has not firmly established through the foregoing
assignment that it has standing to foreclose, the filing of this Lis Pendens
appears to slander title and thus place a cloud upon it;
(3) Due to the appearance of an incorrect legal description, Property
that Chase is not entitled to is also slandered and clouded as to its title
because of the lack of specificity in identifying the Property; and
(4) Due to the fact that Chase lacks authority to foreclose on this
Property, it lacks authority to delegate duties to the foregoing law firm,
which is in effect, apparently holding itself out as a third-party debt
collector in violation of all applicable debt collection practices acts, both
state and federal.

DOCUMENT #19: SETTLEMENT AGREEMENT

This 9-page document was recorded in the real property records of the Jefferson County,
Recorders Office on March 15, 2013 at 3:43:52 p.m., bearing Reception No.2013032154. It
appears a recording fee of $51.00 was paid to record this document in the land records as
evidenced by the Recorders file stamp, which was affixed at the upper right corner of the single
page of this recorded Instrument. After recordation the document was returned to Fred Gabler,
Karsh Fulton Gabler Joseph PC, 950 South Cherry Street, Suite 710, Denver, Colorado 80246.

The bottom of Page 1 of 11 of the document bears the seal of Jefferson County Colorado and the
authentication statement of the Clerk and Recorder of Jefferson County which certifies this
document to be a true and correct copy of the original document. The authentication is followed
by the signature of one Patricia Rak-Houchen, Deputy Clerk in the office of Pam Anderson,
Jefferson County Clerk and Recorder, and is dated March 27, 2014.

On Page 1 of 9 the Settlement Agreement appears to have been executed March 11, 2013
between JPMorgan Chase Bank, National Association, Lance R. Cassino and First American
!48

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Title Insurance. Pages 1 through 3 of 9 contains the Recitals which appear to be chronological
statements of the events leading to the Settlement Agreement. Those containing information
pertinent to this assessment are as follows:

Paragraph (A.) on Page 1 of 9, recites the acquisition of property by Personal Representatives


Deed F0910679 (herein designated as Parcel 1) detailed as Document #2 of this assessment
and will not be restated here;

Paragraph (B.) on Page 1 of 9, recites the acquisition of property by Personal Representatives


Deed F0992014 (herein designated as Parcel 2) detailed as Document #3 of this assessment
and will not be restated here;

Paragraph (C.) on Page 1 of 9, recites that all improvements (home, garage, shed) are located
on Parcel 1;

On Page 2 of 9, Paragraph (H.) Chase Bank is the current servicer of some of the Loan
Documents. The Corporate Assignment of Deed of Trust, which forms the basis of this
statement and the implied legal rights thereof, raises several concerns which are included
in the assessment of Document #16 and will not be restated here.

On Page 2 of 9, Paragraph (I.) First American Title issued to Community Mortgage a Short
Form Residential Loan Policy S0084963-1-E (not provided as part of this assessment), insuring
that Parcel 2 is encumbered by the $200,000.00 Deed of Trust.

On Page 2 of 9, Paragraph (J.) discusses the legal description in the Deed of Trust
(2005094330, Document #11 of this assessment) which does not contain the improvements or
Parcel 1. This paragraph contains language which appears to create fact based on an
assumption, to wit: However, at the time the Loan Documents were executed, the parties
thereto intended the $200k Deed of Trust to encumber Parcel 1 and approximately 5 acres
of Parcel 2 containing the improvements. Also, this sentence contains errors in and of
itself Chase is now stating 5 acres of Parcel 2 containing the improvements when they
just told us in Paragraph C that all the improvements are located on Parcel 1.

On Page 2 of 9, Paragraph (K.) It appears Chase delivered, through its counsel Aronowitz &
Mecklenburg, to First American a Notice of Claim and Request for Assurance of Coverage (not
provided as part of this assessment);

On Page 2 of 9 Paragraphs (L.) and (M.) recites the November 16, 2011 civil action brought
to Jefferson County, Colorado District Court by Chase (Case No. 2011cv4858) sought an order
reforming the legal description in the $200k Deed of Trust to describe both parcels; on February
10, 2012 Cassino filed an Answer and Counterclaims asserting breach of implied duty of good
faith and fair dealing, quiet title pursuant to CRCP 105, misrepresentation/false representation,
and declaratory relief pursuant to CRCP 57. While neither of these documents were provided
!49

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
as part of this assessment, the resulting Order dismissing the case without prejudice was
provided and follows this Settlement Agreement (Document #20).

On Page 2 of 9 Paragraph (N.) recites that it appears Chase Bank and Cassino have been
advised by the Jefferson County Planning Department that it might be possible to subdivide the
Parcels into a 10 acre parcel and a 35 acre parcel under the Minor Adjustment process as set forth
in the Land Development Regulations of Jefferson County, Colorado. See Documents 8 and 9
of this assessment.

The remainder of the Recitals appear to state that all parties are in agreement to resolve all
disputes and claims and will cooperate in the pursuit of subdivide the subject property rather than
pursuit the claims of the Civil Action.

!
Pages 3 through 6 of 9 delineate the terms of the agreement, to with:
!

Paragraph (1 Payment.), on Page 3 of 9, Within ten days after the execution of this Agreement
Chase Bank and First American shall pay to Cassino the total sum of $10,000.00

Paragraph (2 Subdivision of the Parcels.), on Page 3 of 9, The Parties will cooperate in the
filing of an application to subdivide the parcels; one with at least 10 acres that encompasses the
improvements on Parcel 1.

Paragraph (2.D Subdivision of the Parcels.), on Page 4 of 9, If the Subdivision application is


denied or has not been completed on or before the expiration date, either party may commence
civil action.

Paragraph (6 Expiration of Agreement.), on Page 4 of 9, The Agreement expires February 28,


2014, unless extended in writing executed by all Parties.

!
Paragraph (15 Severability.), on Page 5 of 9, Every provision shall be severable.
!

Pages 7 through 9 of the document contain notarized signatures of the parties entering into this
agreement, to wit:

Page 7 of 9 of the document appears to have been executed by ISOLENE B. JONES as Assistant
Secretary on behalf of JPMorgan Chase Bank, National Association on March 11, 2013, before
one EDRENIA CHAUNTEL DAVIS, a notary public in and for the State of Florida, County of
Duval whose commission appeared to be valid at the time this attestation was made. The notarial
stamp is of very poor quality with considerable loss of information. Upon a search of the notary
filings within the Florida Secretary of States online database, the following information was
obtained regarding this notary:

!
!

Commissioned Notaries Public

!50

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Commissioned Notaries Public
Name

Birth
Date

D a v i s , 8/9/XX
Edrenia

Notary
ID

Commissi
on

963789 FF 82985

Expire
Date
01/23/18

Bnd Agy
ID
NPU

Address
Jacksonville,
32208-0000

FL

Commission Detail
Notary ID: 963789
Last Name: Davis
First Name: Edrenia
Middle Name:
Birth Date: 8/9/XX
Transaction REN
Type:
Certificate: FF 82985
Status: ACT
Issue Date: 01/24/14
Expire Date: 01/23/18
Bonding Notary Public Underwriters
Agency:
Mailing J a c k s o n v i l l e ,
Address: 32208-0000

FL

http://notaries.dos.state.fl.us/notidsearch.asp?id=963789

An online search for Isolene B. Jones (as signor on behalf of JPMorgan Chase) yielded the
following information:
h t t p s : / / w w w . l i n k e d i n . c o m / p r o f i l e / v i e w ?
id=28392665&authType=name&authToken=AnL7&trk=prof-sb-browse_map-name

The document appears to have been executed by Lance R. Cassino on March 8, 2013, before
one KATHRYN OYLER, a notary public in and for the State of Colorado, County of Jefferson,
whose commission appeared to be valid at the time this attestation was made. The notarial stamp
is of very poor quality with considerable loss of information. Upon a search of the notary filings
within the Colorado Secretary of States online database, the following information was obtained
regarding this notary:
Search Results

Notary ID Name
20114037875

Commission start date


Commission expiration date Status
Oyler, Kathryn
06/17/2011
06/17/2015
CURRENT

History
Notary
ID

2011403787
5

!51

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Name

O y l e r ,
Kathryn

Expiratio
n

2015-06-17

Status

CURRENT

!
Event

Date

Notary application

06/17/201
1

Details

(1 of 1)

https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml

Page 9 of 9 of the document appears to have been executed by RYAN SCOTT on March 11,
2013, VP/Senior Claims Counsel on behalf of First American Title Insurance Company, before
REBECCA J. HUDGINS, a notary public in and for the State of Colorado, County of Douglas,
whose commission appeared to be valid at the time this attestation was made. The notarial stamp
is of very poor quality with considerable loss of information. Upon a search of the notary filings
within the Colorado Secretary of States online database, the following information was obtained
regarding this notary:
Search Results

verifyNotaryResultF

Notary ID Name
19964015320

Commission start date


HUDGINS, REBECCA J

Commission expiration date Status


09/05/1996
10/27/2017

CURRENT

History
Notary
ID

19964015320

Name

HUDGINS, REBECCA
J

Expiratio
n

2017-10-27

Status

CURRENT

!
Event

Date

Notary application

09/05/1996

Notary application

09/05/2000

Notary application

09/29/2004

Notary renewal

10/27/2009

Notary renewal

09/23/2013

Details

(1 of 1)

https://www.sos.state.co.us/notary/pages/public/verifyNotaryResult.xhtml

!An online search for Ryan Scott (as signor on behalf of American Title), the following information was
obtained: https://www.linkedin.com/pub/ryan-scott/11/9b3/238

!52

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

!There are three key issues with this Settlement Agreement and its recordation, to wit:
! (1) The Settlement Agreement is premised on Chases authority to execute it. Since there is
!
!
!
!
!
!
!

no apparent authority vested in Chase due to the self-assigned interest, ultra vires, Chase
and its representatives:
(a.) lack authority to enter into a Settlement Agreement in the first place;

(b.) appear to have misrepresented themselves (in addition to other parties brought
into the equation, which in turn, have misrepresented their authority to engage in
this Settlement Agreement as a party thereto) in all facets of this Agreement; and
(c.) Due to Chases lack of proof of authority, it is not entitled to reform the legal
description;
(2) The recordation of the apparent ultra vires Settlement Agreement further slanders and
clouds the title to the entire parcel or any/all specifically unidentified portions thereof; and
(3) It is apparent that First American Title Company failed to specifically investigate the
legal description and what the parties first intended to encumber prior to the execution of
the original Deed of Trust; therefore, errors and omissions issues appear to exist which
would fault the title company and potentially negate the entire Deed of Trust, ab initio, as to
WHAT Property was actually encumbered.

DOCUMENT #20: ORDER GRANTING STIPULATION OF


DISMISSAL OF ACTION WITHOUT PREDJUDICE

This 2-page document was recorded in the real property records of the Jefferson County,
Recorders Office on April 10, 2013 at 8:33:34 a.m., bearing Recorders Reception No.
2013042887. It appears a recording fee of $16.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the middle right margin
of Page 1 of this recorded Instrument. After recordation the document was returned to Alan E.
Karsh, 950 So. Cherry St. #710, Denver, Colorado 80246-2665.

Page 1 of this document contains the Order document which appears to have been e-filed as
Transaction ID 48570379, in the District Court, County of Jefferson, Colorado which bears the
Case No. 2011cv4858, Div 7, Ctrm 4A; which establishes that JPMorgan Chase Bank, National
Association as Plaintiff and Lance R. Cassino; Community Mortgage Group, Inc.; Mortgage
Electronic Registration Systems, Inc.; and Margaret T. Chapman, as Public Trustee of Jefferson
County, Colorado as Defendants, which states the court has read and reviewed the Stipulation,
considers it appropriate and has granted and approved the Order.

It is signed by Christopher J. Munch, Jefferson District Court Judge and Filed with the Jefferson
County District Court 1st JD on January 8, 2013, at 10:16 a.m.; File ID: 48799761.

!53

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
The bottom of the document bears the seal of the Combined Court of Jefferson County, Colorado
and the authentication statement of the Clerk and Recorder of Jefferson County which certifies
this document to be a true and correct copy of the original document. The authentication is
followed by the signature of one R. Caldwell, Deputy Clerk and is dated January 8, 2013.

File identification numbers which appear to be generated by the law office preparing the
document, appear in the lower left hand margin after the authentication statement, to wit:
8858.496/JPMorgan-Chase/DsmsOrd, December 21, 2012 1:01 PM.

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Linda C. Baca, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

Page 2 of 2 contains the summary description of the document and the action taken is list form.
All information on this page has been included above and will not be restated here. The seal of
the Combined Court is stamped to authenticate it is a correct and true copy of the original filed
court document.

At issue here is that despite the dismissal, the Settlement Agreement brings ultra vires
issues into the chain of title, as discussed in the previous document in the assessment herein.

!
!
DOCUMENT #21: RELEASE OF LIS PENDENS
!

This 2-page document was electronically recorded in the real property records of the Jefferson
County, Recorders Office on September 26, 2013 at 3:58 p.m., bearing Recorders Reception No.
2013117992. It appears a recording fee of $16.00 was paid to record this document in the land
records as evidenced by the Recorders file stamp, which was affixed at the upper right corner of
Page 1 of this recorded Instrument.

Page 1 of 2 of this document contains the court document which bears the Case No.
2011cv4858, in the District Court, County of Jefferson, Colorado Div 7, Ctrm 4A; JPMorgan
Chase Bank, National Association as Plaintiff and Lance R. Cassino; Community Mortgage
Group, Inc.; Mortgage Electronic Registration Systems, Inc.; and Margaret T. Chapman, as Public
Trustee of Jefferson County, Colorado as Defendants, which states the Plaintiff, ; JPMorgan
Chase Bank, National Association, by and through its attorneys releases and discharges the Lis
Pendens recorded November 18, 2011 as Reception No. 2011105050.

At the bottom left margin on Pages 1 and 2 are the file designations of the law office preparing the
document, to wit: 8858.496/release of lis pendens September 26, 2013 3:29 PM.

!54

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Linda C. Baca, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

On Pages 1 and 2 of 2 of this document the legal description(s) of the subject property are
included, to wit:

NORTHEAST QUARTER NORTHWEST QUARTER (NE1/4 NW1/4) of SECTION 10,


TOWNSHIP 7 SOUTH, RANGE 71 WEST OF THE 6th PRINCIPAL MERIDAN,
JEFFERSON COUNTY, COLORADO.

!
AND
!

EAST HALF SOUTHEAST QUARTER, NORTHWEST QUARTER, NORTHWEST


QUARTER (EA1/2 SE1/4 NW1/4 NW1/4) of SECTION 10, TOWNSHIP 7 SOUTH,
RANGE 71 WEST OF THE 6th PRINCIPAL MERIDIAN, JEFFERSON COUNTY,
COLORADO.

The situs address appears to be 13883 South Wamblee Valley Road, Conifer, Colorado. 98118.
It is dated September 26, 2013 and signed by FRED GABLER, #8978, Attorney for Plaintiff,
Karsh Fulton Gabler Joseph PC. http://www.karshfulton.com/attorney-profiles/fred-gabler.html

The bottom of the document bears the seal of Jefferson County, Colorado and the authentication
statement of the Clerk and Recorder of Jefferson County which certifies this document to be a
true and correct copy of the original document. The authentication is followed by the signature
of one Margo Green, Deputy Clerk in the office of Pam Anderson, Jefferson County Clerk and
Recorder, and is dated March 27, 2014.

At issue here is that despite the dismissal, the Settlement Agreement brings ultra vires
issues into the chain of title, as discussed in the previous document in the assessment herein.

!
PREPARERS NOTES AT THIS JUNCTURE OF THE ASSESSMENT:
!

Following the apparent ultra vires actions of Chase and its representatives, the Borrower
filed a suit in U. S. District Court, which he has since had dismissed; thus, which is
insignificant to this scenario, except as to the following items:

(1) There is an indorsement on the original note showing the loan was transferred to
Washington Mutual Bank, FA. The indorsement is undated, therefore, there is
nothing shown as to the effective date of actual transfer other than what CMG
indicated to the Borrower in a letter to him.
!55

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
(2) There is plenty of room on the original promissory note to place at least four (4)
indorsement stamps; however, there is only one on this Note. Subsequently, the
Borrower appears to have obtained an Allonge to Note, which shows another
undated transfer on a separate sheet of paper, in apparent contravention of the
requirements for use of an allonge established in the Uniform Commercial Code at
Section 302-2(2). This allonge appears to have be issued by CMG a second time to
Union Federal Bank of Indianapolis. CMG can only issue one transfer, then, it no
longer has an interest in the Note. Since this issue has presented itself, the Preparer
notes that this Allonge to Note was probably manufactured and/or copied onto
documents and given the appearance that it was part of the collateral loan file with
the intent to deceive all those in view of it.
(3) The Affidavit of the FDICs representative is inconclusive because it is a general
letter and does not specifically state the Borrowers loan was part of the transfer of
assets from WaMu to Chase, especially in light of the Lawrence Nardi deposition,
which is made a part of this assessment as two separately-noted exhibits. This 4-page
document was recorded in the real property records of the King County,
Washington Recorders Office on October 3, 2008, at 13:11 p.m., bearing Recorders
No. 2008003000790. The affidavit attests that as of September 25, 2008, JPMorgan
Chase became the owner of loans and loan commitments of Washington Mutual by
operation of law. Supplemental information is included in the links below:

!
http://www.ca5.uscourts.gov/opinions%5Cpub%5C92/92-1449.0.wpd.pdf
!http://www.plunkettcooney.com/publications-355.html
!

http://livinglies.wordpress.com/2013/01/04/chase-reliance-on-bogus-affidavit-andoperation-of-law/

(4) The Affidavit of Lost Note appears to be a feeble attempt by Chases own
employees to manufacture a document to be used to give credence to the recorded
Assignment, executed by ASHLEY JORDAN with the title of Vice President on
behalf of JPMorgan Chase Bank, N.A. This Affidavit of Lost Note appears to have
been previously utilized in the action Chase originally took to foreclose on the
Property.
Page 2 of 3 holds the notarial jurat which states the document was sworn to on April
24, 2012; and contains the notarial stamp and signature of HELEN P. TUBBS, a
notary in and for the State of Louisiana, an obvious employee of JPMorgan Chase
Bank, N.A. Upon a search of the notary filings within the Louisiana Secretary of
States online database, the following information was obtained regarding this
notary:
!56

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
Notary Search - Detail

Name:

MS. HELEN P. KELLY

Address:

104 EAST JEFFERSON AVE.


BASTROP, LA 71220

Phone:

(318) 239-3861!

Notary ID Number:

40392

Parish:

MOREHOUSE with authority in the following parishes:


BIENVILLE, CALDWELL, EAST CARROLL, FRANKLIN, JACKSON, LINCOLN, MADISON,
OUACHITA, RICHLAND, UNION, WEST CARROLL

Agency:

N/A

Notary Type:

Non Attorney

Status:

Active

Commission Date:

07/29/2013

Oath Date:

10/31/2012

Surety Expiration
Date:

07/28/2018

Annual Report
Current:

Yes

(318) 239-3861

Notary Events
Name Change Previous Name:
HELEN P. TUBBS Previous Commission Date:
08/04/1993

http://www.sos.la.gov/NotaryAndCertifications/SearchForLouisianaNotaries/Pages/default.aspx

!
Page 3 of 3 Contains a blank notarial jurat left incomplete.
!

(5) Finally, we come to the Affidavit of Lost Instrument, filed in the District Court,
County of Jefferson, Colorado as Case No. 2011cv4858, Div 7, Ctrm 4A; which
attempts to establish that JPMorgan Chase Bank, National Association is a
legitimate Plaintiff. Insodoing, it also appears that Chase has named as Defendants
in the action: Lance R. Cassino; Community Mortgage Group, Inc.; Mortgage
Electronic Registration Systems, Inc.; and Margaret T. Chapman, as Public Trustee
of Jefferson County, Colorado.

!57

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

The affidavit attempts to allege default on the part of the Borrower; however, there is
no concrete proof that Chase is entitled to declare such as provided for under
Paragraph 18 (Foreclosure Procedure) of the Deed of Trust it claims the Borrower
executed.
The Preparer believes this entire document was fabricated to give the viewer some
sort of reason to believe that Chase actually owns the Note when the Assignment
previously noted herein throws a greater sum of reasonable suspicion on the entire
process. Thus, the Preparer believes these documents were placed into the court
record with the intent to commit fraud on the Court.

!
Additional research is provided below on Colorados lien theory propositions:
!
!
C.R.S. 38-35-117

COLORADO REVISED STATUTES

*** This document reflects changes current through all laws passed at the First Regular
Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) ***

TITLE 38. PROPERTY - REAL AND PERSONAL


REAL PROPERTY
ARTICLE 35.CONVEYANCING AND RECORDING
PART 1. GENERAL PROVISIONS

C.R.S. 38-35-117 (2013)

38-35-117. Mortgages, not a conveyance - lien theory

Mortgages, trust deeds, or other instruments intended to secure the payment of an


obligation affecting title to or an interest in real property shall not be deemed a conveyance,
regardless of its terms, so as to enable the owner of the obligation secured to recover
possession of real property without foreclosure and sale, but the same shall be deemed a
lien.

HISTORY: Source: L. 27: p. 592, 12.CSA: C. 40, 118.CRS 53: 118-6-17. C.R.S.
1963: 118-6-17.

PREPARERS NOTE: Searches for Fannie Mae and Freddie Mac ownership claims were
insignificant.

!
!

IN SUMMARY

The information contained in this chain of title assessment (COTA) is for internal office
use by counsel only and is not to be construed as the rendering of legal advice; nor do
the contents contained herein purport to draw any conclusions of law or guarantee any
kind of legal outcome. All items of concern are presented as part of a research package
for consideration and use by counsel to determine issues of probative value.
!58

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
All issues of suspect probative value appear in red, bold-faced type and will not be
restated here for brevity. Any documents submitted that were not reviewed by the
Preparer and included in this assessment were deemed insignificant to this assessment.

!
(1) There are specific issues with Chases claim to be able to foreclose on the Property:
!
!

!
!
!

(a.) There is sufficient reason to believe that there is no Schedule A of loans that
ever transferred from WaMu to Chase via the FDIC, based on the sworn testimony
of one of its officers;
(b.) Due to the apparently insufficiency of MERSs claims that it has the legal
authority to assign officer status to known robosigners, the Preparer finds that
there are relevant issues as to (1) signing authority of MERS based on April 9, 1998
discrepancies in then-Secretary-Treasurer William Hultmans deposition comments;
and (2) the pre-dated assignment does not comport to effective transfer based on
said lack of authority vested at the time;
(c.) The current signing agreement demonstrates that the robosigner was supposed
to have been vested with the title of Vice President, when instead, he violated the
terms of the signing agreement and listed himself as Assistant Secretary;
(d.) Chase did NOT have any apparent authority when it executed a foreclosure
action based on the current, proffered legal description; and
(e.) Based on the 2005 data search on the MERS MIN ID Search system, U. S. Bank
N.A. has no recorded interest in the chain of title and is more than likely a Trustee
for a Wall Street Real Estate Mortgage Investment Conduit (REMIC). Thus, Chase
is not the real party in interest bringing the foreclosure action and should not be
accorded such status.

!
(2) There is reason to believe that multiple slander of title issues exist on the Property:
!
!
!

(a.) Using the legal survey provided by Evergreen, there are issues as to the legal
description proffered by the original lender when it attempted to encumber the
Property;
(b.) The first Lis Pendens filing slandered title, using deficient court filings to
support Chases claim to foreclose on the Property;
(c.) Chases alleged claim of authority to foreclose carried over to the slander of title
by and through the use of a Settlement Agreement it had recorded (through
counsel), when in fact, there is no apparent authority for Chase to even enter into a
Settlement Agreement with the Borrower.
!59

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433

(3) There are multiple issues of robosigning and alleged suspect notary fraud throughout
the chain of title (see specific issues cited for detail).

(4) There is reason to believe that BOTH law firms who sent notifications to the Borrower
in this instance have committed FDCPA-related (federal and state) offenses:

(a.) BOTH law firms and their counsel made representations to the Borrower
utilizing information that they knew or should have known was manufactured to
suit Chases purposes, including but not limited to (1) sworn affidavit of claim of
lien; (2) sworn affidavit of lost note; (3) sending correspondence to the Borrower
claiming Chase had an interest; and (4) filing both court documents and recorded
documents that maintain Chase has the legal right to reform the legal description so
that Chase can foreclose on what appears to be the entire legal description; and
(b.) By misrepresenting Chase in related court filings, the law firms not only
slandered title to the Property but also committed fraud on the Court using claims
made by its client that contained obvious self-assignment issues.

!
(5) The self-assignment by Chase was baseless due to the following:
!
(a.) The lack of authority of the signor to execute the document; and
!
!

(b.) The use of multiple Chase addresses and third-party document manufacturing
processes to generate the document.

(6) It appears that significant hearsay issues exist due to the use of third-party document
manufacturing. It is suggested that counsel may wish to depose E. Lance from
Nationwide Title Clearing to determine:

!
!
!
!
!
!

(a.) where this person obtained their information;


(b.) through what computer-generated platform this information was generated;
(c.) how the person came by the information they relied on to produce the document
for signing;
(d.) who gave this person the specific authority to make the representations they
made; and
(e.) what actual, personal knowledge did the drafter of the document have and why
there was no question as to the nature of its reliability to be accurate.
!60

PROPERTY ASSESSMENT FOR LANCE R. CASSINO


Affecting property title condition at 13883 S Wamblee Valley Road, Conifer, CO 80433
(7) There are multiple issues with what appear to be manufactured allonges and the
apparent cluttering and facially deficient issues created by multiple assignments of the note
by CMG; followed by MERSs signors involvement in the manufacturing of supporting
recorded documents which facially do NOT support the chain of custody of the note.

(8) It is further recommended that a full survey of both plats be obtained for clarification of
the references to the Property; that new legal descriptions be formed and recorded; and
that the Jefferson County, Colorado Assessor and Appraisers offices be fully informed and
then ordered to duly adjust the plats so that delineation of each is finite with no questions
as to which property (involving any given subject matter in the future) should be
encumbered.

(9) Further, no accord should be given to U. S. Bank, N.A. as a party to this action because
of its failure to be included in the chain of custody of the Note. There are no parties
assigning any interest to it as a Trustee for a REMIC. It is also highly likely that if any new
information is brought forward, it will be manufactured to reflect the Trust as owner of the
Note, when that is not possible due to pooling and servicing agreement violations. Thus,
this entity would NOT need to be noticed as it has no constructive notice giving it that
right.

(10) Given the nature of the circumstances involving the entire legal description, it is
suggested that quiet title proceedings be commenced to clear off all wrongful encumbrances
in addition to dealing with the quasi in rem aspects of Chases claim to the Property.

END OF ASSESSMENT

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