AFFIDAVIT RELATII,IG TO TITLE. UNDER M.GI,. CHAPTER 183.

SECTJON sB

Property

Address:

80 Bradford Drive, Feeding Hillso Massachusetts

01030

I, Tim A. Bryant, being duly swom, do hereby depose and swear of my own
personal knowledge as follows:

1.)

At all times described herein, I, together with my lawful

spouse, Michelle
M. Bryant, as husband and wife, and Tenants by the Entirety, have and
continue to be, the lawful, record owner of the premises at 80 Bradford

Drive, Feeding Hills, MA ("the premises", "the propertlr", or "our home", as

the case may be) by virtue of a deed, dated August 2A,2004, recorded on the
same day, at the Hampden county Registry of Deeds ("the Registry"), in
Book 14429, on Page 76.

2.)

We have maintained continued possession and continuous occupancy of the

Property as our residence since said purchase.

3.)

I obtained a refinance mortgage loan for 5228,000.00 for 30 years,

secured

by our home (as evidenced by the promissory note and mortgage,

collectively "mortgage loan"), from countrywide Home Loans, Inc., on
September 23, 2005.

4.)

The mortgage was recorded at the Registry on September 28,2005, in Book

15365, on Page 423,inthe name of Mortgage Electronic Registration
Systems, Inc. ("MERS"), as "Nominee" for Countrywide Home Loans, Inc.
("Countrywide"). The said mortgage recorded in the Registry is defective,
as I was the only party designated by Countrywide to execute the mortgage
documents. At no time did Michelle M. Bryant execute any of the mortgage

loan documents.
5.)

Between the date of execution, September 23,2005, and the date of

recording, September 28,2005, Michelle M. Bryant's name was hand typed
onto the executed mortgage by an unknown party, as evidenced on pages 1,
10, and 11. Her signature was added to the mortgage by unknown means, on
pages 10 and 11, as well.

6.)

Michelle Bryant's initials were added to pages I-2,4-9, and page 11 of the
mortgage. Tellingly, those initials appear nowhere on page 3. The initials on
page 2, appear to have been added by attaching documents to create a single
one.

7.)

At no time, did Countrywide, nor MERS, ever disclose the terms of the
nominal relationship of the parties, nor was it ever disclosed that neither
party had any intention of abiding by the recording laws of the
Commonwealth of Massachusetts, against the strict terms of the recorded
mortgage's applicable law clause.

8.)

At no time did Countrywide, nor MERS, ever disclose that the mortgage
was intended to be a Document of Title, as defined in the Massachusetts
Uniform Commercial Code, and governed by Article 7. The word
"mortgage" as describing the documento does not match the reality of what
it actually is.

e.)

At no time did Countrywide, nor MERS, ever disclose that a third-party,

MERSCORP, Inc. ("MERSCORP") would hold the mortgage, as a
Document of Title, in bailment, and transfers of rights, titles, and interests,
were to be transferred not by recording in the Registry under the applicable
law of the document, but by MERSCORP's proprietary trademarked MERS
System. This was done even though the MERS SYSTEM TERMS &
CONDITIONS, Clause 6, specifically forbid this practice.
http

//www.mers inc. org/j o in-mers/mers-re

10.) MERSCORP

si

denti al

was never a party to the mortgage, but surreptitiously

controlled and reissued the mortgage in an alternative, electronic form, as

evidenced by the Mortgage Identification Number ("MIN") attached to the
top of the document. This MIN allowed numerous undisclosed parties to
transfer interests in the property, against the applicable law governing the
"mortgage", and creating a clouded title to the property. None of the parties
who owned or held the note and mortgage, have recorded their interests in
the Registry for as long as the mortgage was recorded in MERS'name.

11.) At no time did MERS ever disclose

their Governing Documents, nor their

Electronic Tracking Agreements ("ETA"s) which show that MERS, nor
MERSCORP, were ever granted authority to hold any right, title, or interest
in any properly registered on the MERS System. In fact, MERS was
specifically forbidden, by their own MERS SYSTEM TERMS &
CONDITIONS, Clause 2, fromhaving any rights to any mortgaged property
registered on MERS, and from asserting any such rights. As such, the
mortgage is defective, as MERS did not have the legal capacity to enter into
a binding contract, with me, nor any other borrower.

12.)

Countrywide Home Loans, Inc, ceased to exist as of July 1, 2008

http://www.sec.gov/Archives/edgar/datal251911000095014408005376/g141
13k2e8vk.htm , yet MERS continued to claim to be the "nominee" for
defunct Countrywide Home Loans until an Assignment of Mortgage, dated
May 16,2011, and recorded in the Registry on May 19,2011, in Book
18776, Page 128. This assignment was from MERS to BAC Home Loans
Servicing, L.P. ("BAC"), flkla Countrywide Home Loans Servicing, L.P.
The address stated for BAC is not its address, but that of Wells Fargo
Corporate Trust Offices in Columbia, Maryland.

13.)

This assignment was created, executed, and recorded by employees of BAC

Home Loan Servicing, not MERS. There is no evidence on its face of any
dual agency of the employees, for this assignment, nor is there evidence that
MERS executed this assignment at all, within and under their corporate
authority. Considering that MERS no longer had an office in Ocala, Florida
at the time of the recording, it is doubtful it was under its corporate
authority.

14.)

This assignment claims to convey all beneficial interests in the mortgage,

note, and obligations. In the mortgage, MERS claimed to hold "LegaITitle"
only. No evidence exists that MERS has ever held any beneficial interests in
the mortgage, note, or obligations, or explanation as to how it would have
come into the possession of such. Because of this all subsequent
assignments, which claim to convey these same interests in the note and
mortgage, are defective.

15.)

On April 17,2012, Bank ofAmerica, N.A. as successor by merger to BAC,

recorded an Assignment of Mortgage in the Registry in Book 19212, Page
475, and dated April 10,2012, claiming to assign the note and mortgage,
and the "claim secured thereby", to HSBC Bank USA, N.A., as Trustee for
GSAA Home Equity Trust 2005-15 clo Bank of America (a New York trust).
As the Closing Date ofthe trust was December 29,2005, this trust cannot,
by the applicable law of the trust, accept an "unqualified" mortgage, in
default, per the terms of the trust's Pooling and Servicing Agreement, filed
with the SEC. The assignment is void by operation of law, under N.Y. EPT.
LAW S 7-2.4: NYCode - Section 7-2.4: Act of trustee in contravention of
trust, which states;

"If

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

http://codes.lp.findlaw.com/nvcode/EPT/7/2/7-2.4#sthash.v0YPuRMv.dpuf

16.)

OnAugust 19, 2013, Bank ofAmerica inexplicably recorded another

assignment claiming to again assign the mortgage, note, and obligations to
Nationstar Mortgage,,LLC when it had already claimed to assign all these
interests ayear earlier to HSBC Bank USA, as Trustee for GSAA Home
Equity Trust 2005-15. This Assignment of MortBage, dated July 30, 2013, is
recorded in the Registry in Book 19977, Page 594. As Bank ofAmerica had
previously assigned all of their interests to another party, this assignment is

nullity.

17.)

Nationstar Mortgage,LLC recorded a Certification Pursuant to

Massachusetts 209 CMR I8.2IA(2X c) in the Registry reciting this
assignment, as part of its chain of title but failing to explain how it was
possible with the un-contradicted prior record assignment.

18.)

On December 7,2005, GS Mortgage Securities Corp ("GSMSC"), filed a

Form 8-K, dated, November 29,2A05, with the United States Securities
Exchange Commission ("SEC") claiming to be the owner of loan #
t14726037.
vfww.sec. gov/Archives/edgar/datal80764 V0000905 1 48-05-0059 I 5.txt
Neither Countrywide, nor MERS, had any claim to the mortgage loan, yet
MERS continued to claim to be the nominal mortgagee for Countrywide in
the Registry. GSMSC also had their Massachusetts Foreign Corporation
Certificate revoked in 1999, and never had the authority to transact business
within the Commonwealth of Massachusetts.

19.)

GSMSC purchased all right, title, and interest in the mortgage loan from
Goldman Sachs Mortgage Company ("GSMC"), per Form 42485, filed with
the SEC on December 8, 2005. MERS continued to claim to be the nominal
mortgagee for Countrywide in the Registry. GSMC did not have authority to
transact business in the Commonwealth of Massachusetts until 2013.

20.) Countrywide sold "all of Countrywide's

right, title and interest, excluding

servicing rights, in and to those certain mortgage loans" to GSMC, as
evidenced by the MASTER MORTGAGE LOAN PURCHASE
AGREEMENT, dated as of July 1,2004, by and between Countrywide
Home Loans, Inc., and Goldman Sachs Mortgage Company
www. sec. gov /Archives/ed garldatal 1 3 8663 7/000 I I 442 0407008 3 8 0/v
065778 ex99-2.htm

21.)

Servicing "rights" were not a negotiated right under the note or mortgage,
nor were they a stated interest as part of the mortgage loan, nor given

consideration for interests in the property as collateral security for.

Nationstar Mortgage, nevertheless, placed a lien on the property by way of
assignment from Bank ofAmerica, based on a
MORTGAGE SERVICING RIGHTS PURCHASE AND SALE AGREEI\4ENT, Dated and effective as of January 6,2AI3, by and between Bank of
America and Nationstar Mortgage.
http://www.sec.gov/Archives/edgar/datal1520566/090119312513009512/d4
6l579dex2L.lrtm This Assignment of Mortgage, dated July 30, 2013, is
recorded in the Registry in Book 19977, Page 594. This recording has
created a cloud on our title.

22.)

In a Januaryll,2Al3 response to my Qualified Written Request to

Specialized Loan Servicing,LLC, it states on page 2 that the Current
Creditor was :
Morgan Stanley Mortgage Capital Holdings,LLC
c/o Speci alized Loan Servicing, LLC
8742 Lucent Blvd, Ste 300
Highlands Ranch, CO 80129
Phone: 1-800-3 15-4757

23.)

No documents have been recorded in the Registry showing this entity

holding any right, title, or interest in the mortgage loan, nor has any party
explained how it received such interests, and what has been the disposition
of them, since.

24.)

I have attempted to have the parties correct the chain of title on multiple
occasions, and through the use of multiple law firms. To this day, no pa{;,
other than myself, the party who gave the property's title as collateral
security for a loan, have made any efflort to correct the clouded title, which
has destroyed the sole purpose of the mortgage loan, and has rendered
commercially unreasonable.

25.)

it

Each fictitious assignment of the note and mortgage, was given and received
through criminal misconduct of bank offrcers, employees, and agents, in

violation of Massachusetts General Law Chapter 266, Section 35A.

26.)

Each fictitious assignment of the note and mortgage, which were recorded
in the Hampden County (MA) Registry of Deeds, were made through
criminal acts of bank officers, employees, and agents, in violation of
Massachusetts General Law Chapter 267, Section 1.

27.)

Each fictitious assignment of the note and mortgage, which were recorded
in the Hampden County (MA) Registry of Deeds, were uttered through
criminal acts of bank officers, employees, and agents, in violation of
Massachusetts General Law Chapter 267, Section 5.

28.)

Each fictitious assignment of the note and mortgage, which were recorded
in the Hampden County (MA) Registry of Deeds, were created, uttered, and
passed as true, through criminal acts of bank officers, employees, and
agents, in violation of Title 18, Chapter 25, Section 5 14 of the United States
Code.

29.)

For all the foregoing reasons, but not limited to, I rescinded the mortgage
loan contract by letter, dated June 12,2015, mailed on June 15,2015 by
certified mail, return receipt requested at the United States Post Office in
Feeding Hills, MA legally effective on mailing in accordance with the Truth
In LendingAct, 15 U.S.C. Section 1635 and the Supreme Court's January
13, 2015 decision in JESINOSKI et al v. Countrywide Home Loans Inc. et

al.(

30.)

).

Foreclosing on my property following a valid loan rescission is a further

fact nullifuing any purported exercise of the statutory power of sale
contained in our mortgage.

Subscribed to, and sworn, under the pains and penalties of perjury,
ofJune, 2015

this

a/"

day

Signed:

TimA. Bryarl

COMMONWEALTH OF MASSACHUSETTS
Hampden County,

ss.

day of June 2015 before me, the undersigned notary public,

On this e(
personally appeared Tim A. Bryant, who proved to me through
(mark an X) satisfactory evidence of identification, which was his driver's
(mark an X) known to me to be the person(s) who
license(s) or was/were _
signed the preceding document in my presence, and who swore or affirmed to me
that the contents of the document are truthful and accurate to the best of his
knowledge and belief.

"

Affidavit
I, Michelle M. Bryant, property owner of 80 Bradford Drive, Feeding Hills, MA
01030, state under oath:

1. I have personal knowledge of the statements of fact on this duyifohnn"

2015. Under oath that the documents attached is not my signature or my initials
and are forged on a mortgage ("the mortgage") dated September 23,2005, and
recorded at the Hampden County (MA) Registry of Deeds, on September 28,2005,
in Book 15365, on Page 423,in the name of Mortgage Electronic Registration
Systems, Inc. ("MERS"), as'Nominee" for Countrywide Home Loans, Inc.
("Countrywide").
2.

I have personal knowledge of the statements of fact on this dapfuQJune

2015. Under oath that the I never signed this mortgage and is not my signature or
my initials and are forged on the mortgage.

3.

The mortgage is a forgery of my signature and initials. My signature and

initials have been forged using my name and initials.

4.

I, have never signed and initialed second mortgage in the name of Mortgage
Electronic Registration Systems, Inc. ("MERS"), as'T.{ominee" for Countrywide
Home Loans, Inc. ("Countrywide"), along with my husband, Tim A. Bryant.

Subscribed to, and sworn, under the pains and penalties of perj

ofJune,2015

elle M.

ury,tnirC$tuy

COMMONWEALTH OF MASSACHUSETTS
Hampden County, ss.

this

On
eU day of June 2015 before me, the undersigned notary public,
personally appeared Michelle M. Bryant, who proved to me through
(mark an X) satisfactory evidence of identification, which was her driver's

license(s)orwas/were-(markanX)knowntometobetheperson(s)
who signed the preceding document in my presence, and who swore or affirmed to
me that the contents of the document are truthful and accurate to the best of her
knowledge and belief.

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