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Paths of Note(s) and Mortgages(s) Loan #114726037 Tim A. Bryant

Paths of Notes and Mortgages_loan 114726037

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Presentation showing the numerous paths of the note and mortgage in my "mortgage loan". Shows multiple variants of the transactions.

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  • Paths of Note(s) andMortgages(s)Loan #114726037

    Tim A. Bryant

  • Bearer???

    As TrusteeGSAA HET 2005-15

    HSBC Bank USA

    GSAA HET 2005-15Wells Fargo

    America, NABank of

    Mortgage CapitalHoldings, LLC

    Morgan Stanley

    National Trustas Document Custodian

    GSAA HET 2005-15

    Deutsche Bank

    As TrusteeGSAA HET 2005-15

    HSBC Bank USA

    Trust 2005-15GSAA Home Equity

    Into a securityNote converted

    & Co.Goldman Sachs

    Securities CorpGoldman Sachs Mortgage

    Mortgage CompanyGoldman Sachs

    MortgageNationstar

    As TrusteeGSAA HET 2005-15

    HSBC Bank USA

    America, NABank of

    Servicing, LPBAC Home Loans

    Registration Systems, IncMortgage Electronic

    Home Loans, IncCountrywide

    Bank of New YorkActual Funder

    Paths of the Note(s) - loan# 114726037Borrower

  • 18 U.S.C. 514. Fictitious obligations(a) Whoever, with the intent to defraud(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes thesame, within the United States;(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or withlike intent possesses, within the United States; or(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or otherelectronic communication, to transmit, transport, ship, move, transfer, or attempts or causes thesame, to, from, or through the United States,

    any false or fictitious instrument, document, or other item appearing, representing, purporting, orcontriving through scheme or artifice, to be an actual security or other financial instrument issuedunder the authority of the United States, a foreign government, a State or other politicalsubdivision of the United States, or an organization, shall be guilty of a class B felony .(b) For purposes of this section, any term used in this section that is defined in section 513(c) hasthe same meaning given such term in section 513(c).(c) The United States Secret Service, in addition to any other agency having such authority, shallhave authority to investigate offenses under this section.

  • Massachusetts General Laws: CHAPTER 266, Section 53A: Bank officers and employees pmisconductp penalty

    An officer, director, trustee, agent or employee of a bank, as defined in section one of chapterone hundred and sixty-seven, who wilfully misapplies otherwise than as described in section fifty-two or fifty-three, any of the moneys, funds, credits or other property of such bank; or who,without authority from the directors or trustees of such bank, executes or issues a certificate ofdeposit, order or bill of exchange, or makes an acceptance, purporting to be executed, issued ormade by such bank; or who, without such authority, assigns any note, bond, draft, bill ofexchange, mortgage, judgment, decree or other property of such bank; or who loans the funds orcredit of such bank to any individual, corporation, joint stock company, trust, association orpartnership when the assets of such borrower are known by such officer, director, trustee, agentor employee to be less than all the liabilities of such borrower other than debts subordinated tosuch loan, unless such loan is adequately secured or is necessary for the protection of existingloans; or who knowingly receives or accepts for such bank any fictitious, valueless, inadequate orirresponsible obligation directly or as security or endorsement unless the consideration orsecurity is otherwise sufficient, or unless it shall be necessary to prevent loss upon a debtpreviously contracted in good faith; or who certifies any check drawn upon such bank unless thedrawer then has on deposit with the bank and entered to his credit on its books not less than theamount of money specified in the check; or who resorts to any fictitious or colorable loan,transfer or device to avoid any provision of law relating to such bank; or who knowingly makes orcauses to be made any false entry in any book, report or statement of such bank; and anyperson who knowingly aids or abets any violation of this section shall be punished by a fine ofnot more than ten thousand dollars or by imprisonment in the state prison for not morethan ten years, or in a jail or house of correction for not more than two and one half years,or by both such fine and imprisonment .

  • Massachusetts General Laws: CHAPTER 266, Section 35: False material statements oromissions during or in connection w ith mortgage lending process p penalties p mitigatingfactors with respect to sentencing

    (b) Whoever intentionally: (1) makes or causes to be made any material statement that is false orany statement that contains a material omission, knowing the same to be false or to contain amaterial omission, during or in connection with the mortgage lending process, with the intent thatsuch statement be relied upon by a mortgage lender, borrower or any other party to themortgage lending process; (2) uses, or facilitates the use of, any material statement that is falseor any statement that contains a material omission, knowing the same to be false or to contain amaterial omission, during or in connection with the mortgage lending process, with the intent thatsuch statement be relied upon by a mortgage lender, borrower or any other party to themortgage lending process; (3) receives any proceeds or any other funds in connection with aresidential mortgage closing, knowing such proceeds or funds were obtained in violation ofclause (1) or (2); or (4) files or causes to be filed with a registrar of deeds any document thatcontains a material statement that is false or a material omission, knowing such document tocontain a material statement that is false or a material omission, shall be punished byimprisonment in the state prison for not more than 5 years or by imprisonment in thehouse of correction for not more than 2 and one-half years or by a fine of not more than$10,000 in the case of a natural person or not more than $100,000 in the case of any otherperson, or by both such fine and imprisonment .

    Any person who engages in a pattern of residential mortgage fraud shall be punished byimprisonment in the state prison for not more than 15 years or by a fine of not more than$50,000, in the case of a natural person, or not more than $500,000 in the case of any otherperson, or by both such fine and imprisonment.

  • (Bearer paper)???

    Loans, Inc. (CHL)Countrywide Home

    Note #1As evidenced by the alleged face of the promissory note

    Undated CHL indorsement-in-blank appearson note between 2013-2015

    Signatory to indorsement (David A. Spector) left CHL inAugust of 2006, and CHL ceased to exist in November

    2008.

    No in trust endorsements. Note is strictly for the use of the bearer. There is no identified note holder or payee. Performance to pay theinstrument can only occur by disclosure of the actual holder of theoriginal wet-ink note.

  • Massachusetts General Laws: CHAPTER 267, Section 16: Fictitious signatures ofcorporate officers or agents

    If a fictitious or pretended signature, purporting to be the signature of an officer or agent of acorporation, is fraudulently affixed to an instrument or writing purporting to be a note, draft orother evidence of debt issued by such corporation, with intent to pass the same as true, it shallbe a forgery, although no such person may ever have been an officer or agent of suchcorporation, or ever have existed.

    Massachusetts General Laws: CHAPTER 266, Section 31: Signaturep obtaining under falsepretenses

    Whoever by a false pretence, with intent to defraud, obtains the signature of a person to a writteninstrument, the false making whereof would be a forgery, shall be punished by imprisonmentin the state prison for not more than ten years, or by a fine of not more than five hundreddollars and imprisonment in the jail for not more than two years .

    Massachusetts General Laws: CHAPTER 266, Section 33: Larceny p false pretencesrelating to contracts , banking transactions or credit

    (1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance orendorsement of a bill of exchange or promissory note, the release or substitution of collateral orother security, an extension of time for the payment of an obligation, or the release or alterationof the obligation of a written contract, or (2) whoever, with intent to defraud, by a falsestatement in writing respecting the financial condition, or means or ability to pay, of himself or ofany other person, obtains for himself or for any other person credit from any bank or trustcompany or any banking institution or any mortgage lender, as defined in section 1 of chapter255E, or any retail seller of goods or services accustomed to give credit in any form whatsoevershall be guilty of larceny.

  • Massachusetts General Laws: CHAPTER 106, ARTICLE 3, Section 3-203: Transfer ofInstrumentp Rights Acquired by Transfer

    (a) An instrument is transferred when it is delivered by a person other than its issuer for thepurpose of giving to the person receiving delivery the right to enforce the instrument.

    (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in thetransferee any right of the transferor to enforce the instrument, including any right as a holder indue course, but the transferee cannot acquire rights of a holder in due course by a transfer,directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegalityaffecting the instrument.

    (c) Unless otherwise agreed, if an instrument is transferred for value and the transferee doesnot become a holder because of lack of indorsement by the transferor, the transferee has aspecifically enforceable right to the unqualified indorsement of the transferor, but negotiation ofthe instrument does not occur until the indorsement is made.

    (d) If a transferor purports to transfer less than the entire instrument, negotiation of theinstrument does not occur. The transferee obtains no rights under this Article and has only therights of a partial assignee.

  • As TrusteeGSAA Home Equity Trust 2005-15

    HSBC Bank USA

    Trust Company as Custodian

    GSAA Home Equity Trust 2005-15

    Deutsche Bank National

    2005-15GSAA Home Equity Trust

    (Principal Balance Only)Goldman Sachs & Co.

    Securities Corp.GS Mortgage

    Mortgage Co.Goldman Sachs

    Home LoansCountrywide

    Notes #2 and #3As evidenced by the records of the Securities ExchangeCommission (US)

    Note sold twice

    Note converted into securities

    Goldman Sachs Mortgage Conduit Program

    There are no in trust or use endorsements on the face of the promissory note atissue, for any of these entities other than Countrywide Home Loans.

  • VALIDITY OF CONTRACTSSEC. 29. (a) Any condition, stipulation, or provision binding any person to waive compliance with any provision ofthis title or of any rule or regulation thereunder, or of any rule of a self-regulatory organization, shall be void.

    (b) Every contract made in violation of any provision of this title or of any rule or regulation thereunder, and everycontract (including any contract for listing a security on an exchange) heretofore or hereafter made, theperformance of which involves the violation of, or the continuance of any relationship or practice in violation of,any provision of this title or any rule or regulation thereunder, shall be void (1) as regards the rights of any personwho, in violation of any such provision, rule, or regulation, shall have made or engaged in the performance of anysuch contract, and (2) as regards the rights of any person who, not being a party to such contract, shall haveacquired any right thereunder with actual knowledge of the facts by reason of which the making or performance ofsuch contract was in violation of any such provision, rule,or regulation: Provided, (A) That no contract shall be voidby reason of this subsection because of any violation of any rule or regulation prescribed pursuant to paragraph(3) of subsection (c) of section15 of this title, and (B) that no contract shall be deemed to be void by reason of thissubsection in any action maintained in reliance upon this subsection, by any person to or for whom any broker ordealer sells, or from or for whom any broker or dealer purchases, a security in violation of any rule or regulationprescribed pursuant to paragraph (1) or (2) of subsection (c) of section 15 of this title, unless such action isbrought within one year after the discovery that such sale or purchase involves such violation and within threeyears after such violation. The Commission may, in a rule or regulation prescribed pursuant to such paragraph (2)of such section 15(c), designate such rule or regulation, or portion thereof, as a rule or regulation, or portionthereof, a contract in violation of which shall not be void by reason of this subsection.

    (c) Nothing in this title shall be construed (1) to affect the validity of any loan or extension of credit (or anyextension or renewal thereof) made or of any lien created prior or subsequent to the enactment of this title, unlessat the time of the making of such loan or extension of credit (or extension or renewal thereof) or the creating ofsuch lien, the person making such loan or extension of credit (or extension or renewal thereof) or acquiring suchlien shall have actual knowledge of facts by reason of which the making of such loan or extension of credit (orextension or renewal thereof) or the acquisition of such lien is a violation of the provisions of this title or any rule orregulation thereunder, or (2) to afford a defense to the collection of any debt or obligation or the enforcement ofany lien by any person who shall have acquired such debt, obligation, or lien in good faith for value and withoutactual knowledge of the violation of any provision of this title or any rule or regulation thereunder affecting thelegality of such debt, obligation, or lien.

    Securities Exchange Act

  • Massachusetts General Laws: CHAPTER 259, Section 4: STATUTES OF FRAUDS AND LIMITATIONSPREVENTION OF FRAUDS AND PERJURIESRepresentation as to anothers credit p necessity of writing

    No action shall be brought to charge a person upon or by reason of a representation or assurancemade concerning the character, conduct, credit, ability, trade or dealings of any other person,unless such representation or assurance is made in writing and signed by the party to be chargedthereby, or by some person thereunto by him lawfully authorized.

  • Massachusetts General Laws: CHAPTER 156D, Section 15.02 : Consequences oftransacting business without authority

    (a) A foreign corporation transacting business in the commonwealth without delivering to thesecretary of state for filing the certificate required by section 15.03 shall not maintain aproceeding in any court in the commonwealth until the certificate is delivered and filed.(b) The successor to a foreign corporation that transacted business in the commonwealthwithout delivering to the secretary of state for filing the certificate required by section 15.03and the assignee of a cause of action arising out of that business shall not maintain aproceeding based on that cause of action in any court in the commonwealth until the foreigncorporation or its successor delivers the certificate and it is filed.

  • Massachusetts General Laws: CHAPTER 156D, Section 15.01 : AUTHORITY TOTRANSACT BUSINESS REQUIRED

    (a) A foreign corporation that transacts business or has a usual place of business in thecommonwealth shall deliver the certificate required by section 15.03 to the secretary of state forfiling.

  • In its own capacityNationstar Mortgage

    GSAA Home Equity Trust 2005-15HSBC Bank USA, as Trustee

    (Successor to BAC) In its individual capacity

    Bank of America, NAServicing, LP

    In its individual capacity

    BAC Home LoanRegistration Systems, Inc.In its individual capacity

    Mortgage Electronic

    Loans, Inc.Countrywide Home

    Notes #4 and #5As evidenced by recorded documents in the Hampden County (MA)Registry of Deeds

    MERS is not a licensed bank, and cannot buy,sell, or hold notes

    BACHLS is a servicing subsidiary ofBofA, and does not buy or sell notes

    Note Sold twice

    Nationstar is a mortgageservicing company, and doesnot buy or sell notes.

    The trust cannot, by operation of law, obtain a part of thetrust corpus 8 years after the Closing Date.

    There are no in trust or use endorsements on the face of the promissory note atissue, for any of these entities other than Countrywide Home Loans.

  • Massachusetts General Laws: CHAPTER 267, Section 1: False or forged records,certificates, returns, attestations and other writings

    Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a publicrecord, or a certificate, return or attestation of a clerk or register of a court, public register, notarypublic, justice of the peace, town clerk or any other public officer, in relation to a matter whereinsuch certificate, return or attestation may be received as legal proof; or a charter, deed, will,testament, bond or writing obligatory, power of attorney, policy of insurance, bill of lading, bill ofexchange or promissory note; or an order, acquittance or discharge for money or other propertyor a credit card or an instrument described as a United States Dollar Travellers Check orCheque, purchased from a bank or other financially responsible institution, the purpose of whichis a source of ready money on cashing the instrument without identification other than thesignature of the purchaser; or an acceptance of a bill of exchange, or an endorsement orassignment of a bill of exchange or promissory note for the payment of money; or anaccountable receipt for money, goods or other property; or a stock certificate, or any evidence ormuniment of title to property; or a certificate of title, duplicate certificate of title, certificate issuedin place of a duplicate certificate, the registration book, entry book, or any indexes provided forby chapter one hundred and eighty-five, or the docket of the recorder; shall be punished byimprisonment in the state prison for not more than ten years or in jail for not more thantwo years.

    Massachusetts General Laws: CHAPTER 267, Section 5: Uttering false or forged records,deeds or other writings

    Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or alteredrecord, deed, instrument or other writing mentioned in the four preceding sections, knowing thesame to be false, forged or altered, shall be punished by imprisonment in the state prisonfor not more than ten years or in jail for not more than two years .

  • 18 USC 1005 - FRAUD AND FALSE STATEMENTS

    1005. Bank entries, reports and transactionsWhoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank,depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, ororganization operating under section 25 or section 25(a) of the Federal Reserve Act, without authority from thedirectors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes ofsuch bank, branch, agency, or organization or company; or

    Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft,order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment ordecree; or

    Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, ororganization with intent to injure or defraud such bank, company, branch, agency, or organization, or any othercompany, body politic or corporate, or any individual person, or to deceive any officer of such bank, company,branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit InsuranceCorporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch,agency, or organization, or the Board of Governors of the Federal Reserve System; or

    Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred toin this section, participates or shares in or receives (directly or indirectly) any money, profit, property, orbenefits through any transaction, loan, commission, contract, or any other act of any such financialinstitution

    Shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.As used in this section, the term national bank is synonymous with national bankingassociation; member bank means and includes any national bank, state bank, or bank or trustcompany, which has become a member of one of the Federal Reserve banks; insured bankincludes any state bank, banking association, trust company, savings bank, or other bankinginstitution, the deposits of which are insured by the Federal Deposit Insurance Corporation; andthe term branch or agency of a foreign bank means a branch or agency described in section 20(9) of this title. For purposes of this section, the term depository institution holding company hasthe meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.

  • Capital Holdings, Inc.Morgan Stanley Mortgage

    (Current claimed Noteholder #2)Nationstar Mortgage

    GSAA Home Equity Trust 2005-15(Current claimed Noteholder #1)

    HSBC Bank USA, as TrusteeGSAA 05-15"Wells Fargo

    (As successor to CHL)In its individual capacity

    Bank of America, NA

    Loans, Inc.Countrywide Home

    Notes #6, #7, and #8As evidenced by the correspondance from Servicers to Borrower

    There are no in trust or use endorsements on the face of the promissory note atissue, for any of these entities other than Countrywide Home Loans.

    QWR responseQWR response QWR response

    QWR response

    Bank attorneyresponses

    Mortgagee affidavit

  • In its individual capacityNationstar Mortgage

    GSAA Home Equity Trust 2005-15

    HSBC Bank USA as Trustee

    As successor to BACHLS

    In its individual capacity

    Bank of America, NA

    Servicing, LP (BACHLS)In its individual capacity

    BAC Home LoanRegistrations Systems, Inc., (MERS)

    as nominee forCountrywide Home Loans, Inc.

    Mortgage Electronic

    Mortgage #1 and #2As evidenced by the records of the Hampden County (MA) Registry ofDeeds.

    Bank of America assigned the loan out ofthe trust to Nationstar in 2013..

    MERS did not sell / assign the mortgage & note as anominee, but as the sole owner of both.

    Executed & recorded in 2012, 7 years after theClosing Date, in contravention of the trustindentures, which have yet to be recorded.

  • NY Code - Section 7-2.4: Act of trustee in contravention of trust

    If the trust is expressed in the instrument creating the estate of the trustee, every sale,conveyance or other act of the trustee in contravention of the trust, except as authorized bythis article and by any other provision of law, is void.

    Massachusetts General Laws - Chapter 233, Section 70: Judicial notice of foreign law

    The courts shall take judicial notice of the law of the United States or of any state, territory ordependency thereof or of a foreign country whenever the same shall be material.

  • The signature line passing over and through a wet-ink signature, is impossible.

  • Nations Bank, NA

    Bank of America f/k/a As Custodian for

    GSMSC

    Treasury Bank, NAAs Custodian forGSMC

    JP Morgan Bank

    As CustodianGSAA Home Equity Trust 2005-15

    Deutsche Bank National Trust

    GSAA Home Equity Trust 2005-15

    HSBC Bank USA, NAas Trustee

    Goldman Sachs MortageSecurities Corporation

    (GSMSC)

    CHLSas nominee for

    As nominee for Goldman Sachs Mortgage Company (GSMC)

    Countrywide Home Loan Servicing, LP (CHLS)

    Countrywide Home Loans, Inc.

    MERS as nominee for

    Mortgages #3 and #4As evidenced by the recorded documents of the US SecuritiesExchange Commission and US Patent and Trademark Office

    The only interest retained by Countrywide Home Loans, after sale of the loan, was forservicing. MERS did not assign and record the mortgage to any of these entities.

  • NY Code - Section 7-2.1: Extent of trustee's estate

    (a) Except as otherwise provided in this article, an express trust vests in the trustee the legalestate, subject only to the execution of the trust, and the beneficiary does not take any legalestate in the property but may enforce the trust. (b) This section does not prevent the creator ofa trust from providing to whom the property shall belong in the event of the failure or terminationof the trust or from disposing of the property subject to the execution of the trust. Such atransferee shall have a legal estate in the property as against all persons except the trustee andthose lawfully claiming under him. (c) A trust as described in sections 9-1.5, 9-1.6 and 9-1.7 ofthe estates, powers and trusts law, including a business trust as defined in subdivision two ofsection two of the general associations law, may acquire property in the name of the trust assuch name is designated in the instrument creating said trust. Any property, so acquired can beconveyed, encumbered or otherwise disposed of only in such name by a conveyance,encumbrance or other instrument executed by: (1) the person or persons authorized by theinstrument creating said trust; or (2) the person or persons authorized by a resolution dulyadopted by the trustees; or (3) a majority of the trustees unless the instrument creating saidtrust otherwise provides. Any instrument of conveyance, encumbrance or disposition deliveredprior to the effective date of this section to or by a trust to which this section applies, in its trustname is hereby validated provided that no action or proceeding to cancel or disaffirm it shall beinstituted within one year from the effective date hereof, but nothing herein contained shallaffect any such pending action or proceeding.

  • And ServicersPretender Lenders

    As nominee forall MERS members

    MERS

    Securities IntermediariesInvestors &

    As proprietor ofthe MERS System

    MERSCORP, Inc

    Countrywide Home Loans, Inc

    MERSas nominee for

    Mortgage converted to an electronicDocument of Title - UCC Art. 7 as evidenced by MERS MIN number.

    Mortgages #5 and #6As evidenced by MERS undisclosed Governing Documents

    Tangible mortgage ceases to bethe transferable record.

    Under UCC Article 7, when an electronic Document of Title is created, then the tangibledocument ceases to exist, by operation of law.

  • Massachusetts General Laws - Chapter 106, Section 1-201: Definitions

    "Document of title'' includes bill of lading, dock warrant, dock receipt, warehouse receipt or orderfor the delivery of goods, and also any other document which in the regular course of business orfinancing is treated as adequately evidencing that the person in possession of it is entitled toreceive, hold and dispose of the document and the goods it covers. To be a document of title adocument must purport to be issued by or addressed to a bailee and purport to cover goods inthe bailee's possession which are either identified or are fungible portions of an identified mass.

    Massachusetts General Laws - Chapter 106, Section 7-105: Reissuance in alternativemedium

    (c) Upon request of a person entitled under a tangible document of title, the issuer of thetangible document may issue an electronic document of title as a substitute for the tangibledocument if:

    (1) the person entitled under the tangible document surrenders possession of the document tothe issuer; and

    (2) the electronic document when issued contains a statement that it is issued in substitutionfor the tangible document.

    (d) Upon issuance of an electronic document of title in substitution for a tangible document oftitle in accordance with subsection (c): (1) the tangible document ceases to have any effect or validity

    1: Paths of Note(s) and Mortgages(s) 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: 18: 19: 20: 21: 22: 23: 24