CHERI ROBINSON & ASSOCIATES CHERI ROBINSON ESQUIRE - ID 88507 ATTORNEYS FOR PLAINTIFF 426 PENNSYLVANIA AVENUE, SUITE

203 FT. WASHINGTON PENNSYLVANIA 19034 (215) 540-9255 MARY ANN SMILER Chester County 101 Firethorne Drive Court of Common Downingtown, Pennsylvania 19335 Pleas v. NATIONSTAR MORTGAGE, LLC 350 Highland Drive Lewisville Texas 75067 Number: 201105832-RC

AMENDED ACTION TO QUIET TITLE

ACTION TO QUIET TITLE AMENDED COMPLAINT COUNT I 1. Plaintiff is Mary Ann Smiler ("Plaintiff"), with an address of 101 Firethorne Drive Downingtown, Pennsylvania 19335. 2. Defendant, Nationstar Mortgage, LLC ("Defendant") is a Company with a place of business located at 350 Highland Drive Lewisville Texas 75067. 3. The real estate subject to this litigation is 101 Firethorne Drive Downingtown, Pennsylvania 19335 (Exhibit A). 4. On or about August 9, 2006, Plaintiff obtained a loan from Advantage Financial Funding Corporation. 5. On or about August 9, 2006 Plaintiff executed a mortgage to Mortgage Electronic Registration Systems ("MERS") as nominee for Advantage Financial Funding Corporation on the above referenced premises (Exhibit B). 6. On or about November 10, 2009 Stacey Anderson signed a document titled "Assignment of Mortgage" on behalf of MERS as nominee for Advantage Financial Funding Corporation as an Assistant Secretary of MERS (Exhibit C).

7. 8.

This document was executed in favor of Defendant. This document transfers the rights to the mortgage to the Defendant.

9.

This Assignment of Mortgage was filed in the Chester County Recorder of Deeds on December 28, 2009.

10. Ms. Anderson is not an Assistant Secretary of MERS. 11. Ms. Anderson did not have authority to execute this document. 12. On or about May 26, 2011, Plaintiff filed a Complaint in Quite Title against Defendant seeking this Honorable Court to determine the validity of this assignment of mortgage. 13. In response, on or about July 7, Defendant caused to be created a new Assignment of Mortgage (Exhibit D). 14. This assignment is signed by a new person, Christine Odom as Assistant Secretary to MERS. 15. Plaintiff believes that this assignment was also executed without authority. 16. Ms. Odom is not an employee of MERS. 17. Ms. Odom is not an Assistant Secretary of MERS. 18. This Assignment of Mortgage was filed in the Chester County Recorder of Deeds on July 27, 2011.

19. This assignment of mortgage has a document id of 11112594 Book 8217 P 827. WHEREFORE, Plaintiffs respectfully requests that this Honorable Court find in their favor and enter a judgment striking the Assignment of Mortgage at the Chester County Recorder of Deeds recorded December 28, 2009, Instrument Number 10984734 and the Assignment of Mortgage at the Chester County Recorder of Deeds recorded July 27, 2011, Instrument Number 11112594; require the Defendant to declare this document invalid; award damages and reasonable attorney's fees and costs associated with this action and any other legal and equitable relief to which Plaintiff is entitled.

COUNT II- THE DEPOSITION OF MERS SECRETARY WILLIAM HULTMAN 20. Plaintiff incorporates the proceeding paragraphs as though fully set forth herein. 21. On April 7, 2010 the deposition of William Hultman (Hultman) was taken in the case of Bank of New York as

Trustee for the Certificate Holders CWABS, Inc. Asset-Backed Certificate Series 2005-AB3 vs. Ukpe (Exhibit E). 22. Hultman was at that time the Secretary and Treasurer of MERS. 23. Hultman at that time was testifying in the capacity of a representative of MERS (E-p13). COUNT III- MERS HAS NO EMPLOYEES 24. Plaintiff incorporates the proceeding paragraphs as though fully set forth herein. 25. In the deposition, Hultman testified that MERS had no employees (E-p70). 26. Ms. Anderson is therefore not an employee of MERS. 27. Ms. Odom is not an employee of MERS.

WHEREFORE, Plaintiff respectfully requests the Court to: 1. declare that the Assignments of Mortgage attached

hereto are void; 2. order the Recorder's Office to strike the Assignments of

Mortgage;

3.

declare that the Assignments of Mortgage are invalid and

unenforceable and constitutes no valid lien against the Property; and 4. award damages and reasonable attorney's fees and costs

associated with this action and any other legal and equitable relief to which Plaintiff is entitled.

COUNT IV THE BOARD OF MERS DID NOT VOTE TO AUTHORIZE ANY SECRETARYS OR VICE PRESIDENTS. 28. Plaintiff incorporates the proceeding paragraphs as though fully set forth herein. 29. According to the Deposition, the Board of MERS did not vote to appoint anyone to the position of Assistant Secretaries or Vice Presidents (E-P115). 30. Instead, Hultman claims that the Board of Directors of MERS delegated to him the ability to appoint persons to the position of Assistant Secretary and Vice President. 31. No Corporate Resolution from the Board has been produced to substantiate this delegated authority.

32. Since Hultmans actions were done without the consent of the Board, his actions are void. 33. These actions include granting Ms. Anderson her signing authority. 34. Ms. Anderson is not an Assistant Secretary of MERS. 35. Ms. Anderson is not a Vice President of MERS. 36. Ms. Anderson did not have authority to execute the first assignment of mortgage. 37. These actions also included granting Ms. Odom her signing authority. 38. Ms. Odom is not an Assistant Secretary of MERS. 39. Ms. Odom is not a Vice President of MERS. 40. Ms. Odom did not have authority to execute the second assignment of mortgage. WHEREFORE, Plaintiff respectfully requests the Court to: 1. declare that the Assignments of Mortgage attached

hereto are void; 2. order the Recorder's Office to strike the Assignments of

Mortgage;

3.

declare that the Assignments of Mortgage are invalid and

unenforceable and constitutes no valid lien against the Property; and 4. award damages and reasonable attorney's fees and costs

associated with this action and any other legal and equitable relief to which Plaintiff is entitled.

COUNT V- QUIET TITLE 41. Plaintiff incorporates the proceeding paragraphs as though fully set forth herein. 42. Pa.R.C.P. 1061(b), relating to actions to quiet title, which provides: "(b) The action [to quiet title] may be brought (1) to compel an adverse party to commence an action of

ejectment; where an action of ejectment will not lie, to determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land; to compel an adverse party to file, record, cancel, surrender or satisfy the record, or admit the validity, invalidity

or discharge of, any document, obligation or deed affecting any right, lien, title or interest in land; or to obtain possession of land sold at a judicial or tax sale."

43. Plaintiff brings this action to determine the validity of the assignment of mortgage affecting Plaintiffs title and interest in the land. 44. Plaintiff brings this action to compel Defendant to admit the invalidity of the assignments of mortgage affecting Plaintiffs title and interest in in the land. 45. Plaintiff brings this action to compel Defendant to cancel the assignments of mortgage affecting Plaintiffs title and interest in in the land. 46. Pa.R.C.P. 1066, relating to "form of judgment or order" in a quiet title action, provides: "(a) The Court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits.

(b)

Upon granting relief to the plaintiff, the court shall order

that the defendant be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the plaintiff set forth in his complaint, unless the defendant takes such action as the order directs within thirty (30) days thereafter. If such action is not taken within the 30day period, the prothonatory on praecipe of the plaintiff shall enter final judgment; shall enter a final judgment that a document, obligation or deed affecting a right, lien, title or interest in the land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy; shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the decree effective; or shall enter any other order necessary for the granting of proper relief.

47. Simultaneously with the commencement of this action, Plaintiff caused a Lis Pendens to be indexed against the Property.

WHEREFORE, Plaintiff respectfully requests the Court to: 1. declare that the Assignments of Mortgage attached

hereto are void; 2. order the Recorder's Office to strike the Assignments of

Mortgage; 3. declare that the Assignments of Mortgage are invalid and

unenforceable and constitutes no valid lien against the Property; and 4. grant such other relief as the Court deems appropriate. COUNT VI DECLARATORY RELIEF 48. All paragraphs above are incorporated herein by reference. 49. An actual controversy exists between the parties regarding the extent to which the Assignments of Mortgage transfers a lien against the Property.

WHEREFORE, Plaintiff respectfully requests the Court to: 1. declare that the Assignments of Mortgage attached

hereto are void; 2. order the Recorder's Office to strike the Assignments of

Mortgage; 3. declare that the Assignments of Mortgage are invalid and

unenforceable and constitutes no valid lien against the Property; and 4. award damages and reasonable attorney's fees and costs

associated with this action and any other legal and equitable relief to which Plaintiff is entitled.

Respectfully submitted,

CHERI ROBINSON & ASSOCIATES

BY:_________________________________ Attorney for Plaintiff

VERIFICATION

The undersigned Plaintiff in the within action makes this verification that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsification to authorities.

___________________________________ Mary Ann Smiler, Plaintiff