80 Bradford Drive, FeedingHills, MA 01030

May 19, 2011 Recorded Assignment of Mortgage

Who Requested this Assignment? Who created and prepared this Assignment?

Barbara Nord wears many corporate hats...

Bank of America, not the noteholder, requested and created themortgage assignment, in the name of MERS, for their benefit. Theywere both assignor and assignee for a mortgage which they were notthe secured party.

MERS authority under the mortgage

Neither CoreLogic, nor Bank of America were the secured party in the mortgage. Countrywide was dissolved on July 1, 2008, and five other transfers of the mortgage loanhad occurred since 2005. None of the subsequent transferees were MERS members,wherein MERS agency ceased in 2005. MERS was acting as agent for non-parties to themortgage. This is a contractual breach to the terms and conditions of the mortgage.

Since MERS gave no consideration for the mortgage, they can NEVER be or act asprinciple. When that occurs, the mortgage becomes void for want of consideration,unless MERS tenders the consideration to the borrower. A mortgage only vests in theparty who gave the consideration contained in the mortgage, as it is a UCC-9 securityinstrument, not a UCC-3 negotiable instrument. Holding the note and mortgage in theirname would violate MERS’ alleged seperateness, stated in the mortgage.

Bank of America has never been a successor or assign of CountrywideHome Loans, Inc., except for a portfolio of derivatives. NB HoldingsCorporation was the successor.

What right, title, or interest would CoreLogic have in the mortgage, which wouldrequire the recorded assignment to be returned to them?

MERS (not MERSCORP) can only release the mortgage at the behest of the Lender,not non-parties to the contract.

And why would MERSCORP deactivate a MERS mortgage that was meant to“inoculate” against future assignments, that was not in foreclosure?

Body of the Assignment

The note was assigned / sold by MERS even though their owndocuments acknowledge they cannot transfer any rights underthe note.

P There is no mention of Countrywide Home Loans, Inc. being thecurrent holder of the note. This is because the mortgage loan wastransferred five times since 2005. None of the transferees were MERSmembers.

P There is no mention who the holder of the note was at the time ofassignment.

P MERS claims to assign the note “For value received”...a sale.

P MERS never states how they came into possession of the note.

P MERS is not a licensed bank, mortgage lender, or broker, who candeal in promissory notes.

P MERS cannot sell “all beneficial interest” under the mortgage and note,since it was not a secured party, and has no legal capacity to transactin the mortgage loan for it’s own benefit. It did not possess anyequitable interest in the mortgage, nor the note, and it offered noconsideration to the borrower, so was owed no obligation.

P MERS never gave notice to the borrower that they were ever a holderof the note, nor that they were ever to receive any payment on the noteor mortgage, as per the contractual terms of the note.

P If MERS held the note, then they could not act “solely as nominee forthe Lender”, disclosed or undisclosed. MERS would be (illegally) thenote holder and secured party.

MERS also claims to have assigned not only the note, but also the“obligations therein described”

What are the “obligations therein described”?

And somehow MERS turned a profit on the mortgage, a non-negotiable security, by selling it “for value”....

...Which is illegal in Massachusetts

MERS does not have an address in Ocala, FL

Suite 101 was the address for Electronic Data Systems (EDS), notMortgage Electronic Registration Systems, Inc.

MERS discontinued the use of the Ocala, FL address on December 6, 2010,six months before the assignment.

Nor did BAC Home Loans Servicing have an address in Annapolis, MD.

It is the address for Wells Fargo’s Master Servicing Offices.

To recap; MERS claimed in the Registry of Deeds to hold a mortgage as nominee forCountrywide, who ceased to exist in 2008. Three years after this fact, a BACemployee in CA created an assignment, as a CoreLogic employee in SC, at therequest of Bank of America, in the name of Mortgage Electronic RegistrationSystems, Inc, who had been functus officio since 2005, and whose address was non-existant, purporting to assign the mortgage, note, and obligations that it mysteriouslyacquired as holder. The assignee was BACHLS, whose address was the MasterServicing Offices of Wells Fargo. The signatory, an employee of the assigneeBACHLS, as an employee of assignor MERS, evidenced by a notary jurat, of a BACemployee, sworn to under the pains and penalties of perjury. Sound legitimate ???

Massachusetts General Law 266 @ 35A(b)(4)

Pretty stiff consequences for recordingfraudulent assignments in Massachusetts.

The Registries of Deeds are a division of the Secretary of State

What secured interests in the mortgage, as nominee for CountrywideHome Loans, Inc. did MERS ever have?

1. Power of Sale

2. Legal Title to the Property

The Equitable Interest in the Mortgage, was not, and could not have been, assignedby MERS. A mortgage always vests in the secured party, not a nominee. That wouldbe bailment, and the mortgage would be a UCC-7 Document of Title, not a mortgage.

There has not been a legal mortgagee of record for over 7 years !!! Theloan had been sold to Goldman Sachs Mortgage Company in 2005. MERSwas functus officio after the sale, and the servicer never held record title byway of assignment, as required in the contract....

....Even though that would have been illegal as well....

Neither Countrywide, nor MERS could retain legal title to themortgage, once sold to Goldman Sachs Mortgage Company. Additionally, GSMC has never had authority to transact business inMassachusetts, and GS Mortgage Securities Corp., to whom theloan was subsequently sold, had their MA Foreign Corporationcertificate revoked in 1998.....

...which becomes problematic with respect to enforcing themortgage....

Massachusetts General Law 266 @ 53A

The Signatory is also an employee of assignee BAC Home Loans Servicing,acting as an employee of assignor MERS.

Who holds many corporate positions, in multiple corporations...

The Notary Jurat - also by an employee of BAC Home Loans Servicing

Which was sworn to under the penalty of perjury

Borrower’s Authority and Contractual Obligation to challenge thisAssignment of Mortgage

1. Under the Mortgage

The very first borrower covenant states....

Other covenants....

Covenants under the Rider to the Mortgage

There are two separate clauses. One during the Initial Fixed InterestPeriod, and a second for after the Initial Fixed Interest Rate Period.......

During Initial Fixed Interest Rate Period : Clause

After Initial Fixed Interest Rate : Clause

Borrower’s Authority under the Note

During Initial Fixed Interest Rate Period : Clause

After Initial Fixed Interest Rate Period : Clause

Other covenants under the note