1 AFFIDAVIT OF CYNTHIA J. CANTRELL 2 3 STATE OF ARIZONA )

4 ) ss. County of MARICOPA ) 5 6 I, Cynthia J. Cantrell, being first duly sworn, deposed and state as follows: 7 1. I am over the age of eighteen years and qualified to make this affidavit. I 8 am a resident of the State of Arizona and make this Affidavit based on my own personal 9 knowledge. 10 2. I have been employed in the real estate industry for over six years and have 11 been involved in over two-hundred real estate transactions. 12 3. I am a licensed real estate broker in Arizona. 13 4. I have been a real estate investor since 1997. 14 5. I have knowledge and experience in the banking industry. 15 6. I am a Certified Title Abstractor. 16 7. I am a Notary Public in the State of Arizona, and a member of the 17 American Association of Notaries. I have studied the laws regarding Notaries Public 18 that apply in this matter, and am able to render an opinion based on such. 19 8. I have personal knowledge and experience to render opinions on the topics 20 of broken chain of title, notary fraud and fraud regarding foreclosure documents such as 21 the Deed of Trust, Interest First NOTE, Assignment of Deed of Trust, Substitution of 22

23 Trustee, Notice of Default and Election to Sell under Deed of Trust and Notice of

24 Trustee’s Sale documents.

25 9. I have studied numerous cases where fraud occurred resulting in a

26 fraudulent foreclosure.

27 10. I have reviewed the documents provided by Your Name Here as to her

28 home and have conducted a preliminary audit of the Deed of Trust, Interest First

Affidavit of Cynthia Cantrell ● Page 1 1 NOTE, Notice of Default and Election to Sell under Deed of Trust, Substitution of 2 Trustee (2), Assignment of Deed of Trust and the Notice of Trustee Sale. 3 11. I express the following opinions that are offered within a reasonable degree 4 of factual certainty and financial probability based upon my review of numerous cases 5 specifically in Arizona, my review of numerous cases with the same or similar language 6 in the Deeds of Trust and Interest First Notes as the present case, my knowledge in 7 relation to other similar cases with which I am personally familiar, and the contents of 8 the documents referred to above. 9 A. The DEED OF TRUST was dated on March 25, 2004 and recorded on 10 April 5, 2004 (Clark County Nevada recorded document #??????????). 11 APN # 000-00-0000 12 a. Pursuant to the document, it was notarized by Name of Notary on 13 March 30, 2004 who claims to have acknowledged the signature of 14

15 Your Name Here in Los Angeles County Nevada. How could

16 notary, Name of Notary have personally witnessed the signature of

17 Your Name Here March 30, 2004 if Your Name Here signed the

18 document on March 25, 2004? I have researched the laws regarding

19 Notaries in the state of Nevada and have attached them as Exhibit A.

20 On page 5 of Prohibited Acts, A notary public may not: Notarize a

21 document without the signer being in the Notary’s presence.

22 Therefore, the notary failed to comply with the requirements of her 23 official duties thereby nullifying his authorities. 24 b. I have carefully reviewed the verbiage in the DEED OF TRUST. 25 On page 2 it states, “(E) “Note” means the promissory note signed 26 by Borrower and dated March 25, 2004 …” 27

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Affidavit of Cynthia Cantrell ● Page 2 1 c. Given the fact that the “Interest First NOTE” was signed by the 2 Borrower and dated March 25, 2004 common sense would tell us the 3 DEED OF TRUST was signed and dated on March 25, 2004 as well. 4 d. On page 1 of the DEED OF TRUST is states, “(A) “Security 5 Instrument” means this document, which is dated March 25, 2004.” 6 e. On page 14 of the DEED OF TRUST, it states, “By SIGNING 7 BELOW, Borrower accepts and agrees to the terms and covenants 8 contained in this Security Instrument and in any Rider executed by 9 Borrower and recorded with it.” It is my opinion that by signing 10 below those words indicates the signer agrees with everything in the 11 document above her signature. Therefore the date of the document 12 is March 25, 2004. 13 f. If it is proven that Your Name Here signed the DEED OF TRUST 14

15 and Interest First NOTE on March 30, 2004, it is my opinion the

16 DEED OF TRUST would be invalid. The DEED OF TRUST

17 specifically references the promissory note signed by Borrower and

18 dated March 25, 2004. If Your Name Here did not sign Interest

19 First NOTE until March 30, 2004 then the DEED OF TRUST would

20 not be evidenced by the Interest First NOTE signed and dated on

21 March 25, 2004.

22 Pursuant to Carpenter v Longan (1872), which has never 23 been overturned, the DEED OF TRUST and Interest First NOTE 24 must never be apart in order for the DEED OF TRUST to be valid. 25 Therefore, it is my opinion: 26 If notary fraud occurred, the DEED OF TRUST (Clark County 27 Nevada recorded document # ??????????) is invalid, unenforceable, 28 and void. If the DEED OF TRUST and the Interest First NOTE

Affidavit of Cynthia Cantrell ● Page 3 1 were signed on March 30, 2004, the DEED OF TRUST is still 2 invalid, unenforceable, and void. 3 g. Pursuant to the invalid DEED OF TRUST, the invalid DEED OF 4 TRUST was given an alias of “Security Instrument” to be used as 5 its new name through out the document. 6 h. Pursuant to the invalid DEED OF TRUST, CORNERSTONE 7 HOME LENDING was given an alias of “Lender” to be used as its 8 new name through out the document. 9 i. Pursuant to the invalid DEED OF TRUST, Lender is the beneficiary 10 under this Security Instrument. 11 j. Pursuant to the invalid DEED OF TRUST, FIRST AMERICAN 12 TITLE COMPANY OF NEVADA was given an alias of “Trustee” 13 to be used as its new name through out the document. 14

15 k. Pursuant to the invalid DEED OF TRUST, the name “Borrower”

16 was issued to YOUR NAME HERE, AN UNMARRIED WOMAN

17 as an alias.

18 l. It is my belief the creation of an alias to confuse and/or defraud any

19 party may be considered a criminal act, especially when that alias is

20 used to conceal facts, defraud a party, and/or to unlawfully convert

21 property.

22 m. I do not know who to YOUR NAME HERE, AN UNMARRIED 23 WOMAN is nor how she pertains to Your Name Here. 24 n. After reviewing the invalid DEED OF TRUST, I have found no 25 evidence that Your Name Here was ever lent the sum of $83,700.00 26 by CORNERSTONE HOME LENDING. 27

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Affidavit of Cynthia Cantrell ● Page 4 1 o. Furthermore, pursuant to the invalid DEED OF TRUST, I have 2 found no evidence that Your Name Here ever borrowed anything 3 from CORNERSTONE HOME LENDING. 4 p. In addition, pursuant to the invalid DEED OF TRUST, I have found 5 no verbiage that indicates CORNERSTONE HOME LENDING ever 6 lent Your Name Here anything, including without limitations, the 7 sum of $83,700.00. 8 q. It is my opinion, based on the invalid DEED OF TRUST, that Your 9 Name Here did not receive the sum of $83,700.00 from 10 CORNERSTONE HOME LENDING and that the invalid DEED OF 11 TRUST was written to confuse Your Name Here into believing she 12 did by creating an alias of Borrower for to YOUR NAME HERE,, 13 AN UNMARRIED WOMAN and CORNERSTONE HOME 14

15 LENDING an alias of Lender.

16 r. Furthermore, on page 1 paragraph (G) the invalid DEED OF TRUST

17 gives a new definition of the word loan. It states, “(G) “Loan”

18 means the debt evidenced by the Note …”

19 s. Pursuant to the invalid DEED OF TRUST, nowhere does it say that

20 Your Name Here was ever loaned anything by CORNERSTONE

21 HOME LENDING

22 t. I cannot find any reason for the invalid DEED OF TRUST to use a 23 new definition of the word loan, other than to confuse Your Name 24 Here into believing she actually received a loan. 25 B. The Interest First NOTE was dated on March 25, 2004. 26 a. After reviewing the Interest First NOTE I have found no evidence 27 that Your Name Here was ever lent the sum of $83,700.00 by 28 CORNERSTONE HOME LENDING.

Affidavit of Cynthia Cantrell ● Page 5 1 b. Pursuant to the Interest First NOTE, on page one of the Interest First 2 NOTE , it states, 3 “1. BORROWER’S PROMISE TO PAY 4 In return for a loan that I have received, I promise to pay 5 U.S. $ 83,700.00 (this amount is called “Principal”), plus interest, 6 to the order of Lender, Lender is CORNERSTONE HOME 7 LENDING. 8 c. Pursuant to the Interest First NOTE, nowhere does it say that Your 9 Name Here is BORROWER. It is therefore not clear who 10 BORROWER is and what it and/or they have to do with Your Name 11 here. 12 d. After careful review of the words, 13 “1. BORROWER’S PROMISE TO PAY 14

15 In return for a loan that I have received, I promise to pay

16 U.S. $ 83,700.00 (this amount is called “Principal”), plus interest,

17 to the order of Lender, Lender is CORNERSTONE HOME

18 LENDING it is clear that the words “In return for a loan that I have

19 received,” were written in the past tense. Have received indicates

20 that BORROWER (whoever he is), is agreeing to pay

21 CORNERSTONE HOME LENDING $83,700.00 for some loan

22 BORROWER received somewhere in the past, not necessarily from 23 CORNERSTONE HOME LENDING. 24 e. Therefore, pursuant to the verbiage in the Interest First NOTE, I find 25 no evidence that Your Name Here was ever lent the sum of 26 $83,700.00 by CORNERSTONE HOME LENDING and therefore, 27 could not be in default of any loan to CORNERSTONE HOME 28 LENDING.

Affidavit of Cynthia Cantrell ● Page 6 1 f. In addition, it is my opinion that since the Interest First NOTE has 2 the word (Seal) after the signature line on page 2, the Interest First 3 NOTE MUST have a SEAL affixed or it is invalid. 4 Furthermore, it is my opinion that since the invalid DEED OF 5 TRUST has the word (Seal) after the signature line on page 14, the 6 DEED OF TRUST MUST have a SEAL affixed or it is invalid. 7 In American law "Signed, sealed and delivered" is still a 8 requirement. Signed, your signature, sealed, your seal, delivered, 9

10 received by the other party. Black's Sixth. 11 Seal. An impression upon wax, wafer, or some other tenacious 12 substance capable of being impressed. In current practice, a particular 13 sign (e.g. L.S.) or the word "seal" is made in lieu of an actual seal to attest the execution of the instrument. 14 Private seal. The seal (however made) of a private person or 15 corporation, as distinguished from a seal employed by a state or 16 government or any of its bureaus or departments. Public seal. A seal belonging to and used by one of the bureaus or 17 departments of government, for authenticating or attesting documents, 18 process, or records. An impression made of some device, by means of a 19 piece of metal or other hard substance, kept and used by public authority. See also State seal. 20 Sealed. Authenticated by a seal; executed by the affixing of a seal. 21 g. After carefully reviewing the signature line on page 14 of the DEED OF 22 TRUST and page 2 of the Interest First NOTE the documents do not 23 appear to have a seal. 24 Therefore, it is my opinion; 25

26 The DEED OF TRUST and Interest First NOTE are both invalid and

27 unenforceable documents.

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Affidavit of Cynthia Cantrell ● Page 7 1 C. ASSIGNMENT OF DEED OF TRUST: On April 22, 2010 an Assignment 2 of Deed of Trust was recorded at the Clark County Recorders Office, 3 (Clark County Nevada recorded document # ?????????????). 4 a. The document was dated and notarized on April 21, 2010. 5 b. Pursuant the document, “MERS” MORTGAGE ELECTRONIC 6 REGISTRATION SYSTEMS, INC. appointed CITIMORTGAGE 7 INC. as successor beneficiary of the DEED OF TRUST. 8 c. I was not provided an Assignment of Deed of Trust assigning the 9 beneficial rights from CORNERSTONE HOME LENDING to 10 MERS, and therefore believe none exists. 11 d. Without an Assignment of beneficial rights from CORNERSTONE 12 HOME LENDING to MERS, MERS had no standing in which to 13 assign the DEED OF TRUST to CITIMORTGAGE INC. 14

15 e. Furthermore, there have been a number of recent cases which have

16 determined that MERS as a Nominee does not actually hold the

17 Note. If MERS never held the NOTE, MERS could not have acted

18 as a beneficiary of the NOTE, and appointed CITIMORTGAGE

19 INC. as successor beneficiary of the Deed of Trust

20 The United States Bankruptcy Court for the Eastern District

21 of California has issued a ruling dated May 20, 2010 in the matter of

22 In Re: Walker, Case No. 10-21656-E-11 which found that MERS 23 could not, as a matter of law, have transferred the note to Citibank 24 from the original lender, Bayrock Mortgage Corp. The Court’s 25 opinion is headlined stating that MERS and Citibank are not the real 26 parties in interest. 27 The court found that MERS acted “only as a nominee” for 28 Bayrock under the Deed of Trust and there was no evidence that the

Affidavit of Cynthia Cantrell ● Page 8 1 note was transferred. The opinion also provides that “several courts 2 have acknowledged that MERS is not the owner of the underlying 3 note and therefore could not transfer the note, the beneficial interest 4 in the deed of trust, or foreclose on the property secured by the 5 deed”, citing the well-known cases of In Re Vargas (California 6 Bankruptcy Court), Landmark v. Kesler (Kansas decision as to lack 7 of authority of MERS), LaSalle Bank v. Lamy (New York), and In 8 Re Foreclosure Cases (the “Boyko” decision from Ohio Federal 9 Court). 10

11 The opinion states: “Since no evidence of MERS’ ownership 12 of the underlying note has been offered, and other courts have 13 concluded that MERS does not own the underlying notes, this court is convinced that MERS had no interest it could transfer to Citibank. 14 Since MERS did not own the underlying note, it could not transfer 15 the beneficial interest of the Deed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed without ownership 16 of the underlying note is void under most state laws.” 17

18 Furthermore, MERS own website states that they are not, and were

19 not, the true beneficiary thereby nullifying the nomination to

20 CITIMORTGAGE INC. See: Excerpt from the Mortgage Electronic

21 Registration Systems, Inc. website:

22 “Normally, where the name of the grantee under the Trustee’s Deed 23 upon Sale is different than the name of the foreclosing entity, the 24 Trustee’s Deed upon Sale states that the "Grantee was not the foreclosing beneficiary." This designation triggers the imposition of 25 transfer taxes on the sale. It is important to note that in a MERS 26 foreclosure sale, even where the property reverts, the name of the grantee will be different than the name of the entity foreclosing. 27 Nonetheless, the Trustee’s Deed upon Sale should state that 28

Affidavit of Cynthia Cantrell ● Page 9 1 "The Grantee was the foreclosing beneficiary." This is because MERS merely holds title as nominee for the true beneficiary; it is 2 the true beneficiary that has actually foreclosed and acquired title” 3

4 Therefore, it is my opinion: 5 For all of the reasons stated above, the Assignment of Deed of Trust 6 document is invalid, unenforceable and void. Even if an Assignment of 7 Deed of Trust surfaces appointing MERS as the beneficiary, given the fact 8 that MERS never held the Interest First NOTE, MERS could not have 9 lawfully acted as a beneficiary of the Interest First NOTE, and appointed 10 CITIMORTGAGE INC. as successor beneficiary of the DEED OF 11 TRUST. 12 Furthermore, since the DEED OF TRUST (Clark County Nevada 13

14 recorded document # ??????????) is invalid, unenforceable and void, this

15 Assignment of Deed of Trust would have no validity.

16 Therefore, this document should not be considered as a valid link in

17 the chain of documents necessary to effectuate a foreclosure on Your

18 Name Here’s real property.

19 D. SUBSTITUTION OF TRUSTEE: On April 22, 2010 a Substitution of

20 Trustee was recorded at the Clark County Recorders Office, (Clark County

21 Nevada recorded document #???????????????). 22 a. The document was dated and notarized on April 21, 2010. 23 b. Pursuant the document, beneficiary, CITIMORTGAGE INC. 24 appointed CR Title Services, Inc. as Successor Trustee. 25 c. Given the fact that the Assignment of Deed of Trust (Clark County 26 Nevada recorded document # ???????????????) assigning beneficial 27 rights to CITIMORTGAGE INC. is invalid, unenforceable and 28 void, this Substitution of Trustee would have no validity. Therefore,

Affidavit of Cynthia Cantrell ● Page 10 1 CITIMORTGAGE INC. did not have standing to appoint CR Title 2 Services, Inc. as Successor Trustee. 3 d. In addition, since the DEED OF TRUST (Clark County Nevada 4 recorded document # ??????????) is invalid, unenforceable and void, 5 this Substitution of Trustee document would have no validity. 6 Therefore, it is my opinion: 7 For all of the reasons stated above, this document should not be 8 considered as a valid link in the chain of documents necessary to effectuate 9 a foreclosure on Your Name Here’s real property. 10 E. NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF 11 TRUST: On April 22, 2010 a Notice of Default and Election to Sell under 12 Deed of Trust (Notice of Default) was recorded at the Clark County 13 Recorders Office, (Clark County Nevada recorded document 14

15 # ??????????????????).

16 a. Pursuant to the document, CR Title Services, Inc., by FIRST

17 AMERICAN TITLE INSURANCE CO. as agent recorded this

18 document dated on April 21, 2010. The document was notarized on

19 April 15, 2010 by Name of Notary.

20 b. Pursuant to the document, it was notarized 6 days before it was

21 created on April 21, 2010. This appears to be a situation where the

22 notary has notarized the document prior to the signer signing the 23 document. Therefore, this document is evidence of a fraudulent 24 notarization by to Name of Notary. 25 c. It is a felony to file false and/or forged documents in a public office 26 in most states. Therefore, pursuant to the Notice of Default I have 27 examined in this report, I believe, multiple felonies have occurred to 28 unlawfully foreclose on Your Name Here’s real property.

Affidavit of Cynthia Cantrell ● Page 11 1 d. The previous documents do not show any validity for CR Title 2 Services, Inc., by FIRST AMERICAN TITLE INSURANCE CO. as 3 agent to file and/or represent anyone regarding this DEED OF 4 TRUST/ Interest First NOTE. 5 e. In addition, since the DEED OF TRUST (Clark County Nevada 6 recorded document # ??????????) is invalid, unenforceable and void, 7 this Notice of Default document would have no validity. 8 Therefore it is my opinion: 9 For the reasons stated above, this Notice of Default document should 10 not be considered as a valid link in the chain of documents necessary to 11 effectuate a foreclosure on Your Name Here’s real property. 12 E. NOTICE OF TRUSTEE SALE: On July 23, 2010, a Notice of Trustee 13 Sale was recorded at the Clark County Recorders Office, CR Title 14

15 Services, Inc. (Clark County Nevada recorded document

16 # ??????????????).

17 a. The previous documents do not show any validity for CR Title

18 Services, Inc. to file and/or represent anyone regarding this DEED

19 OF TRUST/ Interest First NOTE.

20 b. Given the fact that fraud occurred regarding the filing of the Notice

21 of Default, it is my opinion the foreclosure process was not lawful.

22 c. Furthermore, since the DEED OF TRUST (Clark County Nevada 23 recorded document # ??????????) is invalid, unenforceable and void, 24 this Notice of Trustee Sale document would have no validity. 25 Therefore, it is my opinion: 26 For all of the reasons stated above, the Notice of Trustee Sale 27 document is invalid, unenforceable and void thus it should not be 28

Affidavit of Cynthia Cantrell ● Page 12 1 considered as a valid link in the chain of documents necessary to effectuate 2 a foreclosure on Your Name Here’s real property. 3 D. SUBSTITUTION OF TRUSTEE: On August 30, 2010 a Substitution of 4 Trustee was signed. 5 a. The document was dated and notarized on August 30, 2010. 6 b. Pursuant the document, beneficiary, CITIMORTGAGE INC. 7 appointed Five Star Service Corporation as Successor Trustee. 8 c. Given the fact that the Assignment of Deed of Trust (Clark County 9 Nevada recorded document # ?????????????) assigning beneficial 10 rights to CITIMORTGAGE INC. is invalid, unenforceable and 11 void, this Substitution of Trustee would have no validity. Therefore, 12 CITIMORTGAGE INC. did not have standing to appoint Five Star 13 Service Corporation as Successor Trustee. 14

15 d. In addition, since the DEED OF TRUST (Clark County Nevada

16 recorded document # ??????????) is invalid, unenforceable and void,

17 this Substitution of Trustee document would have no validity.

18 Therefore, it is my opinion:

19 For all of the reasons stated above, this document should not be

20 considered as a valid link in the chain of documents necessary to effectuate

21 a foreclosure on Your Name Here’s real property.

22 12. Conclusion: 23 My investigation indicates to me, that all of the foreclosure documents 24 recorded in the Clark County Recorders Office (#??????????, #?????????????, 25 #??????????, #??????????, #??????????) and the Substitution of Trustee dated August 26 30, 2010) regarding Your Name Here’s real property are invalid for the reasons given 27 above. 28 Furthermore, it is a felony to file false and/or forged documents in a public

Affidavit of Cynthia Cantrell ● Page 13 1 office in most states. Therefore, pursuant to the documents I have examined in this 2 report, I believe multiple felonies have occurred due to the unlawful foreclosure process 3 of Your Name Here’s real property. 4 Therefore, the Trustee’s Sale should be immediately cancelled and a cancellation 5 of Trustee Sale should be recorded by CR Title Services, Inc. post haste. 6

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8 FURTHER AFFIANT SAYETH NAUGHT. 9 10 Cynthia J. Cantrell

11 SUBSCRIBED AND SWORN TO before me, the undersigned notary public, this

12 _____ day of September, 2010.

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