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Title Review Summary

Completed on 11/12/2012

CLIENT INFORMATION
Property Owner 1: JOHN DOE Owner 2: JANE DOE

PROPERTY INFORMATION
Property Address: APN: 1234 Orange Street, Yourtown, USA 12345 XXX-XXX-XX County: Orange

Chronology of Chain of Title History

*This is a listing of the recorded documents in the order they were recorded. As it is necessary to maintain an unbroken chain at all times pursuant to California Law, we have investigated the documents that were made official and public record.

DEED OF TRUST
Recording Date: County Recorded in: Interest Transfer From: Borrower: Lender: Address: Beneficiary: Address: Trustee: Address: Notary Name: Comm. Number: County Jurisdiction: 08/07/2006 Orange N/A JOHN DOE MortgageIt, Inc.
th

Document Name: Instrument #: Interest Transfer To: Co-Borrower: Loan #:

Deed of Trust XXXXXXXXXXXXXXX N/A JANE DOE XXXXXXXX

33 Maiden Lane 6 Floor, New York, NY 10038 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026, Flint, MI 48501-2026 Orange Coast Title Company License Verified: Verified as Active MIN # XXXXXXXXXXXXXXXXX

640 N. Tustin Avenue, STE 106, Santa Ana CA 92705 NOTARY XXXXXX COUNTY Commission Validity: Comm. Exp. Date: Notary Date: Valid Oct 25, 2007 July 31, 2006

ASSIGNMENT OF DEED OF TRUST

Recording Date: County Recorded in: 03/07/2012 Orange MortgageIt, Inc. Interest Transfer From: NAMED PARTY Mortgage Electronic Registration Systems Inc. as nominee for Mortgageit, Inc. February 24, 2012 Interest Transfer To: Document Name: Instrument #: Assignment of Deed of Trust XXXXXXXXXXXXX Central Mortgage Company D/B/A Central Mortgage Loan Servicing Company Assistant Secretary Central Mortgage Company d/b/a Central Mortgage Loan Servicing Company N/A

Person Executing:

Title / Position:

Signed on Behalf of: Date Executed:

Verified Employer: Mailing Declaration:

Notary Name: Comm. Number: County Jurisdiction:

NOTARY XXXXXXXXX COUNTY

Commission Validity: Comm. Exp. Date: Notary Date:

Commission is in Good Standing March 1, 2012 February 24, 2012

SUBSTITUTION OF TRUSTEE
Recording Date: County Recorded in: 07/10/2010 Orange Document Name: Instrument #: Substitution of Trustee XXXXXXXXXXXX Old Republic Default Management Services, a Division of Old Republic National Title Insurance Company Vice President Central Mortgage Company Verified Employer: Mailing Declaration: Yes (Affidavit of Mailing For Substitution of Trustee by Code) Commission is in Good Standing April 1, 2020 2/11/2011

Orange Coast Title Company Original Trustee: NAMED PARTY Central Mortgage Company D/B/A Central Mortgage Loan Servicing Company 2/11/2011 New Trustee:

Person Executing:

Title / Position:

Signed on Behalf of: Date Executed:

Notary Name: Comm. Number: County Jurisdiction:

NOTARY XXXXXXX COUNTY

Commission Validity: Comm. Exp. Date: Notary Date:

NOTICE OF DEFAULT
Recording Date: County Recorded in: Foreclosure Trustee: 10/29/2010 Orange Old Republic Default Management Services NAMED PARTY 10/28/2010 Document Name: Instrument #: Trustee Sale # Notice of Default and Election to Sell Under Deed of Trust XXXXXXXXXXXXX XXXXXXXXX

Person Executing: Date Executed:

Title / Position: Mailing Declaration:

Assistant Secretary N/A

Notary Name: Comm. Number: County Jurisdiction: 2923.5 Cal. Declaration: Penalty of Perjury:

N/A N/A N/A

Commission Validity: Comm. Exp. Date: Notary Date:

N/A N/A N/A

Yes Yes

Executed By: Title / Position:

NAMED PARTY Its: Foreclosure Lead

NOTICE OF TRUSTEE SALE

Recording Date: County Recorded in: Foreclosure Trustee: Sale Date: 07/10/2012 Orange Old Republic Default Management Services 08/09/2012 Document Name: Instrument #: Trustee Sale # Sale Time: Notice of Trustees Sale XXXXXXXXXXXXXX XXXXXXXX 9:00a.m.

Person Executing: Date Executed:

NAMED PARTY 7/6/2012

Title / Position: Mailing Declaration:

Trustee Sale Officer N/A

Notary Name: Comm. Number: County Jurisdiction:

N/A N/A N/A

Commission Validity: Comm. Exp. Date: Notary Date:

N/A N/A N/A

Sources
MERS Info: www.mers-servicerid.org/sis/search

SEC Info: http://www.secinfo.com/

NOTARY Info: http://www.sos.ca.gov/business/notary/

LICENSE and REGISTRATION Info: http://kepler.sos.ca.gov/

INDIVIDUAL INQUIRIES: https://www.google.com/ http://www.linkedin.com/

Exhibit A

Source: http://www.linkedin.com/pub/elaine-rogers/12/783/23b

Exhibit B

Exhibit C

Source: http://www.linkedin.com/profile/view?id=4954841&pid=43717007&authType=name&authToken=AgWT&trk=pbmap

Exhibit D

Exhibit E

Exhibit F

Source: www.mers-servicerid.org/sis/search

Exhibit G

Source: http://www.linkedin.com/pub/mary-lainberger/6/313/429

Bonus Robo-Signor which executed an assignment on this property. Had no effect on title.

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JOHN DOE Real Property Located: 1234 Orange Street Yourtown, USA 12345

AFFIDAVIT OF
) ) ) ) ) )

DAMION EMHOLTZ

I, Damion Emholtz, declare as follows:

1.

I am over the age of 18 years and qualified to make this affidavit. I am a Private Investigator of the State of Texas, License #A18306, and make this declaration based on my own personal knowledge. I have no direct or indirect interest in the outcome of the case at bar for which I am offering my observations, analysis, opinions and testimony. I am available for court appearances, in person or via telephone for further clarification or explanation of the information provided herein, if necessary.

2.

I am experienced in Securitization Analysis. I research the Corporate/Trust Documents which are officially filed with the Securities and Exchange Commission. I use specialty licensed software (Bloomberg L.P.) This permits investors and licensed users to access any named Trust-Entity. I can see each Mortgage Note that is held by this named Trust-Entity, and I can see its current status in real time. I have the knowledge and experience to perform these searches with reliable accuracy. I am available for court appearances, in person or via telephone for further clarification or explanation of the information provided herein, if necessary.

3.

I have personal knowledge of the information retrieved from the terminals and experience to render opinions in the topic areas related the securitization of mortgage loans, derivative securities, the securities industry, real property law, Uniform Commercial Code practices, predatory lending practices, Truth in Lending Act requirements, loan origination and underwriting, accounting in the context of securitization and pooling and servicing of securitized loans, assignment and assumption of securitized loans, creation of trusts under deeds of trust, pooling and agreements, and issuance of asset backed securities and specifically mortgage-backed securities by special purpose vehicles in which an entity is named as trustee for holders of certificates of mortgage backed securities, the economics of securitized residential mortgages during the period of 2001Affidavit of Damion Emholtz for John Doe 1234 Orange Street, Yourtown, USA 12345

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2008, appraisal fraud, and its effect on APR disclosure, usury, exceeding the legal limit for interest charged, foreclosure of securitized, non-securitized residential mortgages. 4. Although some direct references to law(s), statutes, codes, case law or other such legal topics may be included in this report, each case is different and only someone familiar with the complete facts in a particular situation can provide adequate counsel. I do not offer legal advice, and it is recommended to seek the consult of an attorney. Nothing throughout this report should be construed as legal advice or the formation of any type of attorney-client relationship. 5. Current Notice of Default, recorded as instrument number 201000571463 is invalid and does not conform to California Civil Code 2924c (a) (2). Notice of Default lists Central Mortgage Company as the name of the current beneficiary or mortgagee. The original lender listed on the subject Deed of Trust was MortgageIt, Inc. and the Assignments of Deed of Trust, purportedly transferring vested interest of the property to Central Mortgage Company have several errors and/or inconsistencies. There is not sufficient evidence to show that the title chain was perfected prior to the recording of the Notice of Default. 6. Current Assignment of Deed of Trust, recorded as instrument number 2012000131243 which allegedly transferred proper vested interest of the property to Central Mortgage Company d/b/a/ Central Mortgage Loan Servicing Company is invalid due to evidence that the document was executed fraudulently. This particular Assignment of Deed of Trust was executed by Elaine Rodgers, a known Robo-Signor who is actually employed at Central Mortgage Company as Vice President of the company. It appears that Elaine Rodgers misrepresented her position as Assistant Secretary of MERS, unless evidence is supplied confirming Elaine Rodgers position as Assistant Secretary of MERS and proof of signing authority. See Exhibit A & Exhibit B enclosed. 7. The Assignment of Deed of Trust, recorded as instrument number 2010000571462 which also allegedly transferred proper vested interest of the property to Central Mortgage Company d/b/a/ Central Mortgage Loan Servicing Company is also invalid. Evidence has been accumulated and analyzed which determines that this Assignment was executed fraudulently. The document was executed by Lou Ann Howard, who is also a well-known Robo-Signor. Lou Ann Howard is actually employed at Central Mortgage Company d/b/a/ Central Mortgage Loan Servicing Company as a Loan Servicing Manager for the company. See Exhibit C & Exhibit D enclosed.

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Affidavit of Damion Emholtz for John Doe 1234 Orange Street, Yourtown, USA 12345

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8.

Current Notice of Trustees Sale, recorded as instrument number 2012000388943 is void. The Substitution of Trustee which purportedly transfers interest on behalf of the beneficiary as role of Trustee to Central Mortgage Company, recorded as instrument 2012000388942 has various flaws and/or inaccuracies. There is not sufficient evidence to show that the chain of title was perfected prior to the recording of the Notice of Trustees Sale.

9.

Current Substitution of Trustee, recorded as instrument number 2012000388942 has several errors and inconsistencies. The Substitution of Trustee was executed by Janice Davis listed as Vice President of Central Mortgage Company. The original Trustee listed on the Subject Deed of Trust was Orange Coast Title Company. The Assignment which purportedly transferred vested interest to Central Mortgage Company is invalid which entails that this document (Substitution of Trustee) has no merit nor effect in the chain of title because Central Mortgage Company had no vested interest in the property to execute the Substitution of Trustee and appoint a new Trustee to further the foreclosure process. See Exhibit E enclosed.

10.

The

Beneficiary,

which

would

be

MERS,

Inc.

according

to

instrument

number

100112065727266781, has declared this loan inactive which could only mean two possible outcomes, either the loan has been closed and/or paid off, or that MERS was assigned out as the beneficiary. If MERS, Inc. was in fact substituted out for another beneficiary, No such assignment was recorded to provide substantial evidence that this indeed took place. Please see Exhibit F enclosed. 11. A representative of the Mortgage Servicer has declared that due diligence was performed as required by California Civil Code 2923.5. The following are the due diligence requirements outlined in California Civil Code 2923.5, proof is required that the following criteria were met: A. A beneficiary or authorized agent shall first attempt to contact a borrower by sending a firstclass letter that includes the toll-free telephone number made available by HUD-certified housing counseling agency. (First Contact Letter). Although SB 1137 does not specify what HUD number should be used, the HUD website states the following: To find out more about HUD- approved housing counseling agencies and their services, please call (800) 5694287 on weekdays between 9:00 a.m. and 5:00 p.m. ET (6:00 a.m. to 2:00 p.m. PT). You can also get an automated referral to the three housing counseling HUD-approved agencies by state. Nothing in section 2923.5 requires that the First Contact Letter be delayed until the lender or servicer has tried to contact the borrower. Therefore, the First Contact Letter

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Affidavit of Damion Emholtz for John Doe 1234 Orange Street, Yourtown, USA 12345

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should be sent out shortly after default so that any attempted contacts with the borrower count toward the lenders due diligence requirements. B. After the First Contact Letter has been sent, the beneficiary or authorized agent shall attempt to contact the borrower by telephone at least three times at different hours and on different days. Telephone calls shall be made to the primary telephone number on file. A beneficiary or authorized agent may attempt to contact a borrower using an automated system to dial borrowers, provided that, if the telephone call is answered, the call is connected to a live representative of the beneficiary, or authorized agent. C. A beneficiary or authorized agent satisfies the telephone contact requirements of 2923.5(g),

9 10 11

that the borrowers primary telephone number and secondary telephone number or numbers on file, if any, have been disconnected. D. If the borrower does not respond within two weeks after the above telephone call

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requirements have been satisfied (e.g., calls or determination that the borrower telephone numbers have been disconnected), the beneficiary or authorized agent shall then send a certified letter, with return receipt requested.(Due Diligence Letter). E. The beneficiary or authorized agent shall provide a means for the borrower to contact it in a timely manner, including a toll-free telephone number that will provide access to a live representative during business hours. F. The beneficiary or authorized agent has posted a prominent link on the homepage of its Internet Web Site, if any, to the following information: (a) Options that may be available to borrowers who are unable to afford their mortgage payments and who wish to avoid foreclosure, and instructions to borrowers advising them on steps to take to explore those options; (b) A list of financial documents borrowers should collect and be prepared to present to the beneficiary or authorized agent when discussing options for avoiding foreclosure. (This is where the beneficiary or loan servicer may want to put the agent authorization form and list it as a document to bring to the meeting); (c) A toll-free telephone number made available by HUD to find a HUD-certified housing counseling agency. Civil Code 2923.5 does not specify in any further detail how or what should be included in the lender or servicers website.

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Affidavit of Damion Emholtz for John Doe 1234 Orange Street, Yourtown, USA 12345

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12.

I have been informed that under the Penal Code of the State of Texas 37.02: A person commits the offense of perjury if, with the intent to deceive and with knowledge of the statements meaning; he/she makes a false statement under oath or swears to the truth of a false statement previously made; and the statement is required or authorized by law to be made under oath. I am telling the truth under oath and understand that this statement is part of a criminal investigation and/or civil investigation.

_____________________________________________ Damion Emholtz Private Investigator License #A18306

STATE OF NEVADA ) ) COUNTY OF CLARK )

Subscribed and sworn to (or affirmed) before me, ______________________________,

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Notary Public, on this _____________ day of _______________, 2013 by

_____________________________________________, Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal.

____________________________________ Notary Public

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Affidavit of Damion Emholtz for John Doe 1234 Orange Street, Yourtown, USA 12345