124 comments

It is not news that there are hundreds of thousands of troubled homeowners in the country. It is not even news that the lenders refuse most who request help.

But, are you aware of the fraudulent practices that the lenders are using to deny loan modifications?

Here is my story:

In July 2007, we re-financed with Countrywide in order to get out of an ARM that was about to go up astronomically.

In order to get the loan through, the value of our home was appraised over what is was really worth. In addition, only my husband's name was put on the loan since the credit cards are in my name.

The loan is an interest only arm that does not include taxes and insurance. The payment is $3407 and my husband takes home $1300 per week. I am a stay at home mom with 2 young children.

In September of 2008, we were struggling to pay our bills. The value of our home was plummeting. We weren't behind yet, but were about to be. We pro-actively contacted Countrywide in October 2008 and asked for help.

Here is a time-line of events:

October 2008 - Sent Countrywide hardship letter. Husband withdraws $25K from his retirement fund to pay bills. This money must be repaid quarterly - $1000.

December 2008 - Countrywide refuses loan mod without a reason.

March 2009 - Obama plan underway. Contact Countrywide again. They say they can't help because we make too much money. Because they added husband's net income to his gross income and used that figure! Request that they re-open our case.

May 2009 - Told by Bank of America rep John McFarland that they will not help us since it is not their fault we are over-extended.

July 2009 - Contact Bank of America's Barbara Desoer to request a loan mod. Cannot pay August mortgage payment. Faxed new hardship letter and required documents.

August 2009 - Assigned Bank of America Negotiator Melissa Henderson.

August 21, 2009 - BOA Melissa Henderson calls to inform me that our request is being denied. She informed that we meet all of the requirements under President Obama's HAMP program, however, because my husband borrowed money from his retirement plan (which is depleted and we are still repaying), we do not qualify for a loan modification. She said that we are current on credit cards and car payments and therefore do not fall under the guidelines for assistance.

This is outright fraud. The HAMP stipulates that retirement accounts cannot be used to determine financial status and in addition, being behind on anything (credit cards, mortgage, etc.) is not a HAMP requirement.

Think I am only one person? Wrong, go out to www.loansafe.org and read the thousands of horror stories.

The lenders feet must be held to the fire! If we continue to let this happen, our country will be in worse shape than it is now!

Joanne in Hopewell

Product or Service Mentioned: Bank Of America Loan Modification.

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Anonymous
#646297

You mentioned that your husband "takes home" $1300 a week. HAMP is based on gross income not take home.

Your house payment has to be over 31% of your gross income. The HAMP law isn't as helpful as everyone thinks it should be because we all live on our take home pay.

I don't work for BOA and my advise is free but NEVER, EVER make a mortgage loan on an ARM. Most people do this when rates are low and when they are there is only one way they can go.....up!

Anonymous
#548211

we'd never made a late payment...

we both lost our jobs because of the "economic crisis in america"....

couldn't refinance without any employment!

applied for the loan modification program but didn't qualify the first time...

we went through the "loan mod" process again and were told we qualified....

but only after falling behind!

"congrats!....you're on your way to a more affordable mortgage!"

(their ACTUAL statement!)

after many months of jumping through their hoops and over their hurdles and

experiencing the "lost paperwork" syndrome they finally

sent another letter again stating congratulations!

here's your loan modification:

but they didn't lower the interest rate....

they didn't put the delinquent payments on the back end...

they didn't help by lowering the balance...

they actually UPPED the mortgage payment and demanded a check to bring the loan balance up to date!

too bad we couldn't afford to retain legal representation...

i KNOW they were just setting us up to foreclose...

so with all the equity we had...

and love of our home and location...

we ended up having to do a REVERSE MORTGAGE just to keep our home!

i think we got away from the evil bank just in time...

but i guess i shouldn't complain....

we're still here where we always wanted to be...

while so many americans have lost their homes after doing business with this bank...

beware!

Anonymous
#548208

we'd never made a late payment...

we both lost our jobs because of the "economic crisis in america"....

couldn't refinance without any employment!

applied for the loan modification program but didn't qualify the first time...

we went through the "loan mod" process again and were told we qualified....

but only after falling behind!

"congrats!....you're on your way to a more affordable mortgage!"

(their ACTUAL statement!)

after many months of jumping through their hoops and over their hurdles and

experiencing the "lost paperwork" syndrome they finally

sent another letter again stating congratulations!

here's your loan modification:

but they didn't lower the interest rate....

they didn't put the delinquent payments on the back end...

they didn't help by lowering the balance...

they actually UPPED the mortgage payment and demanded a check to bring the loan balance up to date!

too bad we couldn't afford to retain legal representation...

i KNOW they were just setting us up to foreclose...

so with all the equity we had...

and love of our home and location...

we ended up having to do a REVERSE MORTGAGE just to keep our home!

i think we got away from the evil bank just in time...

but i guess i shouldn't complain....

we're still here where we always wanted to be...

while so many americans have lost their homes after doing business with this bank...

beware!

Anonymous
#528065

I read all of these complaints and realize so many people are in the same situation as us. Bank of America is the worst.

I wrote to our Senator, Governor, Congressman and even wrote to our President Obama. I am finale getting responses from them and people calling our home from programs that may be able to help. I don't know because before I did these letters we hired a law group to try help us with this modification. Been dealing with this since November 2008 when my loan was still thru Countrywide.

It has been a ongoing nightmare. Bank of America told us to "show good faith" and we had money saved, we paid them 13 payments in 4 months!!! To then received an "intent to foreclose"!!! Amazing!!!

Bank of America does not want to help anyone and it just makes no sense. Isn't it better to work with their current customers to get them back on track and start generating revenue when the customers can start making their payments again. Instead it's better to foreclose on these homes and get nothing!!!!!!!!!!!!!!!!!!!

Has is our world ever going to get out of this financial disaster???? Makes me sick!!!!!!!!!!!!!!!

Anonymous
#437872

I have been jacked around by B of A for about 3&1/2 years. I was a Countrywide customer with an adjustable rate loan.

I bought my home in 1988 on a seller carryback that had a balloon so I had to refinance when the balloon became due. My husband was a construction worker and when building slowed down in AZ he lost his job. I had been trying to work with Countrywide to refinance my loan to a fixed rate when B of A took over. I don't believe I have been lied to as much in all of my 56 years as I have been lied to by B of A "specialists".

My sale date is 5-15-12, but my "Office of the CEO & President Customer Support Specialist, Celia Robinson" keeps telling me she will "get to the bottom of this problem" when she accidentally answers her phone(which is rare). Any good advice???

Anonymous
#433048

I emailed Bof A ceo at brian.t.moynihan@bankofamerica.com and cc'd Obama, HUD, and 7 on your side news describing our hardship with the option arm loan. I received an a phone call the next day to modify our option arm loan.

We negotiated a rate that would work.

It took about a month to finalize. Good luck!

Anonymous
to Laura #605905

That's too funny!! I went the same route with Moynihan about 2 years ago after getting denied a mod.

In a month, loan approved and payment cut in half.

It's sad that we, as consumers, now must now go to the top dog to get results. It's also amazing that if you dig around the internet, you can find just about every crooked CEO's email address.

imperial357
#432433
First write your lender asking them to produce the Note then file a civil to bring your lender to the table.


IN THE CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT
IN AND FOR LANE COUNTY, STATE OF OREGON
CIVIL DIVISION


GEORGE TRAN Pro Se
645 W18th Ave
Eugene, OR 97402,
Plaintiff,
Vs
John Beaver
Lane County of Oregon
125 East Eighth Ave
Eugene, OR 97401
Defendant.

Stan Surdam
Lane County of Oregon
125 East Eighth Ave
Eugene, OR 97401
Defendant.
CASE NO.:

Complaint for punitive damages for obstruction of lawful remedy

Amount: $499,999 plus legal fees


Obstruction of Lawful Remedy

Plaintiff GEORGE TRAN seeks damages as a result of Defendant John Beaver and Defendant Stan Surdam making legal determination on Plaintiff’s lawful remedy in response to Plaintiff’s current civil action Case No: 1210-05250 filed on March 5, 2010.

Pursuant of the Administrative Procedures Act (APA) of 1946 and the right of Habeas Corpus, Plaintiff have requested a verification of debt with Chase Home Loan Services following Federal Rules of Civil Procedures. See Exhibit A. Under USC Title 18, Part 1, Chapter 101 Section 2071, Chase Home Loan Services is required to maintain good safe keeping of legal documents.

Under Habeas Corpus, a Defendant is entitled to challenge his/her accuser. Chase Home Loan is making a claim that Plaintiff, Henry Onsan Young & Mary French owes them money. Plaintiff, Henry Onsan Young is entitled to request Chase Home Loan Services to produce proof of claim.

Under the rules of Generally Accepted Accounting Principles, a party may only be defined as a creditor, if they practice double entry book keeping whereby the Lender Debits his account, and Credits the Borrower’s account. Plaintiff, Henry Onsan Young and Mary French, wishes to ascertain that Chase Home loan financing is indeed a Creditor and therefore show Standing and a party of interest in the Controversy (Patton v. Diemer, 35 Ohio St. 3d 68; 518 N.E.2d 941; 1988). If Chase Home Loan can not testify through Affidavit or assay that they are indeed a Creditor, they have no Standing.

Chase Home Loan Services was given 2 opportunities to provide proof of claim on this matter. Plaintiff has sent notice to Chase Home Loan Services for a Motion to Compel (to be filed, awaiting green card confirmation) asking Chase Home Loan Services to produce proof of claim. Exhibit B

Under the APA, Chase Home Loan Services has defaulted on their opportunity to rebuke Plaintiff’s offer, thus showing prima facia evidence that they can not provide proof of claim. Therefore, have exhausted their administrative remedy. See Exhibit C.

Plaintiff therefore has notified Chase home Loan Services of their Default in this matter and filed notice with the Riverside County Recorder’s Office on May 14, 2010 (reference 2010-022877). See Exhibit D.

In addressing lawful remedy due to Plaintiff, George Tran, in full accordance to the APA and Federal Rules of Civil Procedures, have filed a revocation of Power of Attorney, and a Substitution of Trustee under a new Deed of Trust as a rider on May 14, 2010 (reference 2010-022876), rightfully naming Carol Anne as the New Trustee replacing the original Trustee (since Bank of America no longer have lawful claim on the controversy). Exhibit E.

At 1.59pm on Tuesday, May 18, 2010, Plaintiff attempted to file the Deed of Reconveyance (See Exhibit F) at the Lane County Recorder’s Office. Plaintiff’s right to lawful remedy was obstructed by Defendants John Beaver and Stan Surdam. Defendants did make legal determination and refused to record the Deed of Reconveyance. Defendants John Beaver and Stan Surdam quoted that only Bank of America may do the Full Reconveyance.

Defendants John Beaver and Stan Surdam also refused to file Plaintiff’s Deed of Trust assigning title to a third party. See Exhibit G.

To my knowledge, a recorder serves as a public servant for the purpose of upholding proper records but may not make determination of the nature of the paperwork put forth before them. By their refusal to record lawful documents that are in proper format, they are making legal determination on this matter and breaking the law.

In their interference, Plaintiff unable to sell his property to a buyer who was prepared to make a cash offer to Plaintiff. Plaintiff have thus lost this opportunity and have suffered true damage.

Therefore, Plaintiff seeks rightful remedy due to him and prays for justice.



_______________________
George Tran
Authorized Representative
645 West 18th Ave
Eugene, OR 97402






CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail to:
John Beaver
125 East Eighth Ave
Eugene, OR 97401

And

Stan Surdam
125 East Eighth Ave
Eugene, OR 97401


This ______ day of May , 2010

_______________________
George Tran
Authorized Representative
645 West 18th Ave
Eugene, OR 97402


____________________
Witness


Exhibit A

George Tran
645 West 18th Ave
Eugene, OR 97402
March 2, 2010


TO: Bank of America
5401 N Beach Street,
TX2-977-01-06,
Fort Worth, TX 76137-2733

Re: My request for inspection of
MY WET INK ORIGINAL Promissory Note
Name: George Tran
Property Address: 2110 Escalante St, Eugene OR 97404
Loan Number: 167858569

Dear Bank of America,

I am the owner of certain real property located at the above address which is security for a loan made by Bank of America to me.

I am prepared to resume payment of this Promissory Note. Before continuing with my payments with you, I need to be certain that you are still the RIGHTFUL Holder of my Promissory Note and that no other party may come back to me at a later time to lay claim against my property.

I respectfully request to visually inspect MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE.

Failure to respond to this letter will be taken as an administrative default.

Failure to produce the ORIGINAL WET INK SIGNATURE PROMISSORY NOTE will be taken as an administrative default.

Please be advised. A COPY of the said Note nor an Affidavit of Loss or any other forms will not be acceptable.

Please contact me in writing to arrange for an appropriate point of inspection in Eugene, Lane County, Oregon.

Sincerely,

Exhibit B-1
IN THE CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT
IN AND FOR LANE COUNTY, STATE OF OREGON
CIVIL DIVISION



GEORGE TRAN Pro Se CASE NO.: 1210-05250
645 W18th Ave
Eugene, OR 97402,

Plaintiff,

vs.

Bank of America
5401 N Beach Street
TX2-977-01-06
Fort Worth, TX76137-2733
Defendant.


PLAINTIFF’S MOTION TO COMPEL (Amendment)

Plaintiff GEORGE TRAN moves the court for the entry of an Order directing Defendant to produce to Plaintiff the document described in the original request to produce which is attached as Exhibit A to this action. The basis for the motion requested is set forth below.

On March 5, 2010, Plaintiff sent to Defendant by Certified U.S. Mail the request to produce, a copy of which is attached as Exhibit A.

Despite the passage of 30 days (in addition to 5 days, as this request was sent by U.S. Mail for the services, Defendant did not produced the requested document to Plaintiff nor contacted Plaintiff to state that the document is available for inspection and copying as requested.

Plaintiff specifically requested for visual inspection of the Original Wet Ink Signature Promissory Note associated with loan number 167858569. Plaintiff specifically stated that a copy or affidavit was insufficient proof. Defendant was only able to produce a copy of said Note.

On April 22, 2010, Plaintiff sent a second request to Defendant asking for proof of claim on the security instrument that Plaintiff allegedly owes Defendant. See Exhibit B.

Plaintiff hereby motions that this court enter an Order compelling the Defendant to produce the document requested by Plaintiff as per the original request to produce within 30 days, and provide to Plaintiff such other and further relief to which Plaintiff may be justly entitled to under the circumstances.

Should Defendant be unable to produce the requested document within 30 days, then Plaintiff prays the Court to Order the Defendant to fulfill the following remedies:

a) Releases all claims against Plaintiff in relations to this case due to lack of proof of claim and standing.
b) No further action can be taken against Plaintiff, including but not limited to foreclosure sale, Trustee sale, Quiet Title Action or collections.
c) Removes all negative/derogatory reporting with the credit bureaus in relations to this case and reporting this account as “Settled in Full”.
d) Mark this Note as “Settled in Full” for the Defendant’s own record as well as all public records including but not limited to; all credit bureaus and county records.
e) Issue a full reconvenyance on the Deed of Trust.
f) Refund all monies collected on this Note to Plaintiff.


_______________________
George Tran
Authorized Representative
645 West 18th Ave
Eugene, OR 97402










CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail to:
Bank of America
5401 N Beach Street
TX2-977-01-06
Fort Worth, TX76137-2733

This ______ day of May , 2010

_______________________
George Tran
Authorized Representative
645 West 18th Ave
Eugene, OR 97402



____________________
Witness





Exhibit B-2
(Copy of the original Pleading)

IN THE CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT
IN AND FOR LANE COUNTY, STATE OF OREGON
CIVIL DIVISION


Date: CASE NO.:

George Tran
645 West 18th Ave
Eugene, OR 97402, Plaintiff,

vs.

Bank of America
5401 N Beach Street,
TX2-977-01-06,
Fort Worth, TX 76137-2733 Defendant.

REQUEST FOR PRODUCTION OF DOCUMENT

Plaintiff George Tran requests Defendant, Wachovia Bank to produce, within thirty (30) days of the service hereof, at 645 West 18th Ave, Eugene, OR 97402 the ORIGINAL WET INK SIGNATURE Promissory Note signed by Defendant in association to the loan number below.

Reference: Loan Number 167858569.

_______________________
George Tran
645 West 18th Ave
Eugene, OR 97402


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by Certified U.S. Mail to: Bank of America, 5401 N Beach Street,
TX2-977-01-06, Fort Worth, TX 76137-2733 this ______ day of March , 2008


___________________________
George Tran

____________________________
Witness:


Green Card Certifying Servicing to Defendant mailed on March 5, 2010.




Exhibit B-3
(Copy of Second Request)

GEORGE TRAN
c/o George Tran
645 W18th Ave
Eugene, OR 97402
April 22, 2010

Bank of America
Customer Service Department,
CA6-919-01-41
450 American Street
Simi Valley, CA 93065-6298

Reference: Property Address: 2110 Escalante Street, Eugene, OR 97404
Loan No. 167858569

Second Request for Documentation and Proof of Claim

Dear Bank of America

I refer to the your care package dated on March 22, 2010.
I wish to advise you that your negotiated instrument has been accept for value upon proof of claim which may be substantiated by presenting the following debt details within 21 days of receipt of this notice to the address listed above:
1) Proof of the existence of the account or contract in the actual flesh and blood name of George Tran duly signed and witnessed by both parties not a unilateral agreement and upon which signed page there is reference to the entire agreement.
Note: GEORGE TRAN is an artificial entity, a limited liability legal fiction trademark which constitutes valuable intellectual property and all rights, titles and interests are reserved.
2) Proof of Claim that you are the current holder of the Original Above Mentioned Debt Instrument and it has not been onsold to another party. I wish to have the aforementioned instrument presented to me for visual inspection. Not a copy, not an affidavit, but the actual MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE.
3) Copy of the actual account whereby bank assay has occurred showing actual loss incurred of the alleged debt from your client.
4) An invoice, not a statement for any amount of money allegedly owing or owed to bank assayed by GEORGE TRAN.
Please be advised that I have filed suit against Bank of America requesting presentment of my ORIGINAL WET INK SIGNATURE PROMISSORY NOTE with the CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT IN AND FOR LANE COUNTY, STATE OF OREGON, CIVIL DIVISION on March 5th, 2010. Case # 1210-05250. I have already given you 30 days to comply with my request to produce proof of claim by presenting to me for visual inspection with the ORIGINAL WET INK SIGNATURE PROMISSORY NOTE. You will find the copy of the case enclosed.

You were unable to comply with my request and as such have defaulted on your administrative process.
As a matter of courtesy, I will further extend my request from this date for another 21 days for you to provide me with the proof of claim (expiring on May 13, 2010) . You are hereby given notice that failure to produce proof of claim after this courtesy means you will have exhausted your administrative process and no further claims can be made against me nor my property.
Please Note:
Incorrectly addressed mail shall be returned unopened and unread, any or all correspondence from this point must be by mail only.
George Tran does not authorize the recording of his voice at any time for any purpose nor does he consent to be contacted by telephone and shall enforce his copyright in all instances such as copyright infringement or trademark violation no authorization for the use GEORGE TRAN is implied, granted or admitted.
GEORGE TRAN agrees to hold harmless George Tran the natural flesh and blood human being for all claims and liabilities under private contract between the parties.

Sincerely


George Tran
Representative for GEORGE TRAN
Green card certification of Servicing for Second Request for Document.


Exhibit C

George Tran
645 West 18th Ave
Eugene, OR 97402
May 14, 2010
TO: Bank of America
5401 N Beach Street,
TX2-977-01-06,
Fort Worth, TX 76137-2733

TO: MERS
PO Box 2026,
Flint, MI 48501-2026

Re: 2110 Escalante St, Eugene OR 97404
Loan Number: 167858569
Deed of Trust: 2007-042825
Notice of Default and Cease and Desist

Dear Bank of America,

Thank you for your recent response to my qualified written request for proof of claim. Your copy of the note was not what I had asked for as required by law and I am hereby notifying you that you have exhausted your administrative remedy.

By your inability and unwillingness to stipulate that you are:

a) A Note Holder of Due Course.
b) A Creditor of the Instrument
c) Can not provide GAAP book entry debit evidence of the transaction.

You have violated the requirements of TILA, and by your actions provide prima facie evidence that you are attempting to collect money on the basis of fraud.

I have filed a Notice of Default, Cease and Desist Notice and a new Deed of Trust on this property with the Lane County Recorder’s Office.

You no longer have any claims over my property.

You are hereby ordered to Cease and Desist.

Have a nice day.

Sincerely,


Exhibit D (Notice of Default)


Exhibit E (Deed of Trust)


PHOTOCOPY
After Recording Return To:
GEORGE TRAN
C/o George Tran
645 West 18th Ave
Eugene, OR 97402



____________________[Space Above This Line For Recording Data]___________________

DEED OF TRUST

DEFINITIONS

Words used in multiple sections of this document are defined below and other words are defined in Section 3. Certain rules regarding the usage of words used in this document are also provided in Section 16.

(A) “Security Instrument” means this document, which is dated ___May 6, 2010____, ______________, together with all Riders to this document.
(B) “Borrower” is ___GEORGE TRAN__. Borrower is the trustor under this Security Instrument.
(C) “Lender” is ___Avalonne Limited Liability Partnership, ITS SUCCESSORS AND/OR ASSIGNEES___. Lender is a _____Limited Liability Partnership____ organized and existing under the laws of___THE STATE OF OREGON___. Lender’s address is 645 West 18th Ave, Eugene, OR 97402. Lender is the beneficiary under this Security Instrument.
(D) “Trustee” is Carol Anne.
(E) “Note” means the promissory note signed by Borrower and dated on the same date as this security instrument. The Note states that Borrower owes Lender five thousand Dollars (U.S. $5000___) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than _May 12, 2038.
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest.

(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]:

Modification of deed of Trust, Revocation of Power of Attorney, Substitution of Trustee for instrument number _2007-042825_, recorded in the office of the _LANE___ County Recorder’s Office on or about_June 25__,__2007._

(I) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
(Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the LANE COUNTRY of OREGON.

See Exhibit A


which currently has the address of 2110 Escalante St, Eugene OR 97404
(“Property Address”):

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights and pay such amount and Borrower shall then be obligated under to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.



NOTICE OF INTENTION TO MODIFY DEED OF TRUST

GEORGE TRAN
C/o George Tran
645 West 18th Ave
Eugene, OR 97402
April 26, 2010
Bank of America
5401 N Beach Street,
TX2-977-01-06,
Fort Worth, TX 76137-2733

Re: Account Numbers: 167858569

As the Trustor for a certain Deed of Trust recorded in LANE County, OREGON on or around June 25, 2007 at LANE County Assessor Parcel Number: 0382984, Instrument Number 2007-042825, I am giving notice of my intention to give instructions to close out and modify the Deed of Trust and any/all associated agreements as follows:

It is my intent to guarantee that the Deed of Trust gets satisfied in full, timely apply any escrow funds in your possession necessary to pay the debt and inform me of any deficiency's.

In the event that you choose to honor these instructions in accordance with my intention and upon completion of the Deed of Trust I release all liability against Bank of America its assigns and successors.

The Deed of Trust is to be modified to eliminate any further payments, to reflect a status of “settled as agreed” for the purpose of reporting to credit bureaus, negative reports to the credit bureaus are forbidden, “lender” owes a refund of all monies mistakenly paid to date, a full reconveyance is to be issued by Trustee and if no full reconveyance is delivered within sixty days of the closing, Trustor reserves the right to Revoke Power of Attorney and substitute a new Trustee to record the full reconveyance, and an administrative fee of ten thousand dollars lawful specie gold or silver coin is due and payable immediately for each and every separate breach on “lender’s” part.

Furthermore, for ease of recordation the following documents will be made part of a new Deed of Trust granting a second mortgage to a 3rd party.
A. Modification of Deed of Trust
B. Revocation of Power of Attorney
C. Substitution of Trustee

As time is of the essence in this matter I will presume you waive any objection if I don’t receive a written response within 72 hours of your verifiable receipt of this notice.
If you need up to sixty days additional time kindly request it in writing within the 72 hours.

Thank you,


________________________
By Authorized representative






Recording requested by and
When recorded return to:
GEORGE TRAN
c/o George Tran
645 W18th Ave
Eugene, OR 97402

Assessor: #0382984
Instrument Number: 2007-042825
Loan Number: 167858569
Case # 1210-05250

Space above this line for Recorder’s use only

NOTICE OF DEFAULT

Pursuant of CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT IN AND FOR LANE COUNTY, STATE OF OREGON, CIVIL DIVISION filed on March 5th, 2010. Case # 1210-05250.

Lender was requested to present to the Borrower for visual inspection the ORIGINAL WET INK SIGNATURE PROMISSORY NOTE in reference to the above Loan. Lender was given 30 days to produce the original note but failed to do so for the following property:

See Exhibit A

Further, Lender was extended a conditional Accepted for Value upon proof of claim notice on April 22, 2010 for an additional 21 days. Lender were requested:

1) Proof of the existence of the account or contract in the actual flesh and blood name of George Tran duly signed and witnessed by both parties not a unilateral agreement and upon which signed page there is reference to the entire agreement.
2) Proof of Claim that Bank of America, is the current holders of the Original Above Mentioned Debt Instrument and it has not been onsold to another party. Borrower wish to have the aforementioned instrument presented for visual inspection. Not a copy, not an affidavit, but the actual THE ORIGINAL WET INK SIGNATURE PROMISSORY NOTE.
3) Copy of the actual account whereby bank assay has occurred showing actual lose incurred of the alleged debt from Lender proving the lender to be the creditor by GAAP standards.
4) An invoice, not a statement for any amount of money allegedly owing or owed to Lender.
Lender was notified that failure to produce proof of claim by May 13, 2010 will result in an exhaust of their administrative remedy.

Lender is hereby notified that they have exhausted their administrative remedy on this matter. They can no longer lay claim on Borrower or this property. Lender and Lender’s Trustee is notified to cease and desist further pursuit of this matter.

_________________________
Authorized Representative
This:

GREEN CARDS



Original Request for Documents March 5, 2010.


Second Request for documents April 22, 2010














Notice of Intention to Modify Deed of Trust April 26, 2010.
USPS Tracking: 7009 2250 0001 6592 6730









Recording requested by and
When recorded return to:
GEORGE TRAN
c/o George Tran
645 W18th Ave
Eugene, OR 97402

Assessor Number: #0382984
Instrument Number: 2007-042825
Loan Number: 167858569
Case # 1210-05250

Space above this line for Recorder’s use only
MODIFICATION OF DEED OF TRUST

This agreement, made this June 20, 2007 by and between _GEORGE K TRAN_, hereinafter called Trustor and Countrywide Home Loans, hereinafter called Beneficiary

WITNESSETH: THAT WHEREAS, on the June 20, 2007 Trustor did make, execute and deliver to Western Title and Escrow as Trustee, that certain deed of trust recorded on or near June 25, 2007 as instrument number 2007-042825 in the Official Records, in the Office of the County Recorder of Lane County, State of Oregon, securing a promissory note for $260,000.00, in favor of Beneficiary and covering the following described property:

See Exhibit A

AND WHEREAS, said deed of trust, erroneously set forth the amount of indebtedness secured thereby as being $260,000.00 AND WHEREAS, the parties hereto desire to modify said Deed of Trust to correctly reflect the amount of indebtedness secured thereby to be zero dollars ($0.00)

NOW THEREFOR, for value received, the parties hereto desire to modify said Deed of Trust to provide that:

The Deed of Trust is to be modified to eliminate any further payments, to reflect a status of “paid as agreed” for the purpose of reporting to credit bureaus, negative reports to the credit bureaus are forbidden, “lender” owes a refund of all monies erroneously paid to date a full reconveyance is to be issued by trustee and if no full reconveyance is delivered within sixty days of the closing trustor reserves the right to revoke power of attorney and substitute a new trustee to record the full reconveyance, and an administrative fee of ten thousand dollars lawful specie gold or silver coin is due and payable immediately for each and every separate breech on “lender’s” part.







________________________
By Authorized representative

Revocation of Power of Attorney

I, the undersigned GEORGE K TRAN residing at 645 West 18th Ave, Eugene, OR 97402

hereby revoke the Power of Attorney dated __June 25, 2007___ relating to loan number 167858569 and granted to

Trustee: Western Title & Escrow Company
497 Oakway Road Suite 140,
Eugene, OR 97865

and

Beneficiary: Countrywide Home Loans
of 4500 Park Granada MSN# SVB-314
Calabasas, CA 91302
Beneficiary: Bank of America
5401 N Beach Street,
TX2-977-01-06,
Fort Worth, TX 76137-2733



Through a process of discovery, I have reason to believe the Security Instrument associated with my Deed of Trust is fraudulent. The Beneficiary have been given over 30 days to produce a proof of claim but have not been able to and have exhausted their administrative remedy.

Effective immediately, I, GEORGE TRAN hereby give notice to Countrywide Home Loans, and Western Title & Escrow Company, Bank of America and all other interested parties that I withdraw every power and authority thereby given and declare the above Power of Attorney null and void and of no further force or effect except the power to issue a Full Reconveyance.

Signed this ______ day of __________________2010.



Signature: ________________________________
in the presence of the undersigned witnesses:

Witness 1.
Name: ______________________

Address: _____________________________________________

Signature: ________________________


Witness 2.
Name: ______________________

Address: _____________________________________________

Signature: ________________________




Recording requested by and
When recorded return to:
GEORGE TRAN
c/o George Tran
645 W18th Ave
Eugene, OR 97402

Assessor: #0382984
Instrument Number: 2007-042825
Loan Number: 167858569
Case # 1210-05250

Space above this line for Recorder’s use only

SUBSTITUTION OF TRUSTEE

As Grantor and Trustor, I, GEORGE TRAN, hereby appoint Carol Anne as successor trustee under the trust deed executed by GEORGE TRAN, as Trustor in which Countrywide Home Loans is named the beneficiary and Western Title and Escrow Company as trustee, and filed for record on June 25, 2007, with the recorder’s entry No. 2007-042825, Lane County, Oregon.

For Public Record
The Beneficiary can not provide sufficient proof of claim on the Promissory Note within 30 days of the explicit and qualified written request. The Beneficiary can not produce the original note nor prove that they are a creditor of the Promissory Note. The Beneficiary can not provide proof of loss as a result of the Promissory Note through double entry book accounting in accordance to Generally Accepted Accounting Practices (GAAP) to qualify as a creditor. The Beneficiary lacks subject matter jurisdiction and has no standing. Beneficiary therefore has no claim.






________________________
By George Tran Authorized representative







PROMISSORY NOTE

Borrower: GEORGE TRAN
Lender: Avalonne Limited Liability Partnership
Loan Amount: $5000
Interest: 5% p.a simple interest
Date: April 26, 2010

Secured by property located:

See Exhibit A

Borrower agrees to pay Lender the amount above. The first payment of $100 is due within 90 days of this contact and will be payable every month until entire principle and interest is paid.


BORROWER LENDER








































Photocopy
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it.

Witnesses:


_________________________________ ___________________________________ (Seal)
- Borrower


_________________________________ ___________________________________ (Seal)
- Borrower







State of Oregon )
: SS
County of Lane )

This forgoing instrument was acknowledged before me on April ____, 2010, by George Tran, Trustor and Grantor.

My Commission Expires:




____________________[Space Below This Line for Acknowledgment]__________________

EXHIBIT A: Property Information



Street Address

2110 Escalante St, Eugene OR 97404

LEGAL DESCRIPTION


LOT 10, BLOCK 3, SILVER LEA FIRST ADDITION, AS PLATTED
AND RECORDED IN BOOK 33, PAGE 4, LANE COUNTY OREGON PLAT
RECORDS, IN LANE COUNTY, OREGON.


Exhibit G (Deed of Trust to Avalonne Holding L.P)
After Recording Return To:
GEORGE TRAN
C/o George Tran
645 West 18th Ave
Eugene, OR 97402
Parcel No. 0382984


____________________[Space Above This Line For Recording Data]___________________

DEED OF TRUST

DEFINITIONS

Words used in multiple sections of this document are defined below and other words are defined in Section 3. Certain rules regarding the usage of words used in this document are also provided in Section 16.

(A) “Security Instrument” means this document, which is dated ___May 17, 2010____, ______________, together with all Riders to this document.
(B) “Borrower” is ___AVALONNE HOLDING LIMITED PARTNERSHIP__. Borrower is the trustor under this Security Instrument.
(C) “Lender” is ___CAROL ANNE, HIS/HER SUCCESSORS AND/OR ASSIGNEES___. Lender’s address is 645 West 18th Ave, Eugene, OR 97402. Lender is the beneficiary under this Security Instrument.
(D) “Trustee” is CAROL ANNE.
(E) “Note” means the promissory note signed by Borrower and dated on the same date as this security instrument. The Note states that Borrower owes Lender two hundred and sixty thousand Dollars (U.S. $260,000___) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than _May 17, 2038.
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest.

(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]:

NONE

(I) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
(Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the LANE COUNTY of OREGON.

See Exhibit A

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights and pay such amount and Borrower shall then be obligated under to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.


PROMISSORY NOTE

Borrower: Avalonne Holding Limited Liability Partnership
Lender: CAROL ANNE
Loan Amount: $260,000
Interest: 3% p.a simple interest
Date: May 17, 2010

Secured by property located:

See Exhibit A

Borrower agrees to pay Lender the amount above. The first payment is due within 90 days of this contact and will be payable every month until entire principle and interest is paid.




























BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it.

Witnesses:


_________________________________ ___________________________________ (Seal)
- Borrower


_________________________________ ___________________________________ (Seal)
- Lender





State of Oregon )
: SS
County of Lane )

This forgoing instrument was acknowledged before me on April ____, 2010, by CAROL ANNE, Managing Member of AVALONNE HOLDING LIMITED PARTNERSHIP, a limited liability partnership incorporated in OREGON.

My Commission Expires:


____________________[Space Below This Line for Acknowledgment]__________________












EXHIBIT A: Property Information



Street Address

2110 Escalante St, Eugene OR 97404

LEGAL DESCRIPTION


LOT 10, BLOCK 3, SILVER LEA FIRST ADDITION, AS PLATTED
AND RECORDED IN BOOK 33, PAGE 4, LANE COUNTY OREGON PLAT
RECORDS, IN LANE COUNTY, OREGON.
Anonymous
#362853

Everybody shoud take BAC to court for these practices

Anonymous
#361794
:( We had a loan modification with Countrywide which was approved march, 2009 then November 2009 was told by Bank of America that it was denied and had to do over which of course they denied a new modification sent a payment in April, 2010 and they sent it back saying house was in foreclosure, we have been fighting it ever since trying to get them to give us a new modification in the mean time fees etc. keep building up.
Anonymous
#348574

Email is native43@live.com

Anonymous
#348572

we use to have a mortgage with countrywide home loans they went out of business and bank of America took over our mortgage during this time my husband lost his job and we did'nt pay our payments for several months a year went by and I recieved a letter from Bank of America about a modification plan I thought they were working on it and during this time they were taking my monthly payments for about 13 or more months then they said they rejected the modification plan and my house was still in forclosure so they tried another modification plan rejected it and now we are waiting for a letter saying when we have to move with our minor children because they said we dont have enough income after we paid all of those monthly payments. who can I contact who cares?

Anonymous
#336821
So I have been trying to get a modification since Feb. 2011.

I lost my job in June 2010. I was working w/ a loan modification company(that has been a joke too) I have faxed, emailed, and submitted all required documents to B of A just to have them constantly rerequest the same documents. I was told they were going to try and put me in the "Making Homes Affordable Program". I have done everything they have asked down to get a job!

Only to have them rerequest the same documents AGAIN and now proof of my new income. So finally this Mon. 08/28/11 I received a call from my modification company rep telling me B of A is offering me $1381.00 as a new payment. The bank was going to decrease my APR to 4.62% from 5%.

I told her "How could that be helping me when my original payment was $1378.00". She said "but that includes your escrow" I told her "SO DID MY LAST PAYMENT".

So when B of A said they were going to put me into the "Making Homes More Affordable Program" exactly HOW DID THAT MAKE MY HOME MORE AFFORDABLE?????? :eek
Anonymous
to Belinda Hartwell, Georgia, United States #605725

I had a similar situation in 2010. I asked for a making homes affordable loan.

What I was offered was a loan with points and closing costs, It did lower my payment 70 dollars.. I did sign the papers but was disapointed in the Making Homes affordable Program.,. My credit score dropped 100 points from the new loan. I found out later they did not give me a Making Homes Affordable Loan..

but a whole new loan. I called the other day to get a making homes affordable loan because I discovered my second could be included later.

I was told I could not qualify because my new loan With BOA originated in 2010...

Anonymous
#334608

Have been through the same bull,they already ruined my credit and keep comming up with more money i owe them ,even though i was caught up after recovering from their screwed up forbearance program witch is just a way for them to get you behind and collect late fees.I am totaly fed up with these a-holes.

Anonymous
Sha Tin, Hong Kong, Hong Kong #327328

You can thank that *** Obama for all this, little do people know what is really going on behind those closed doors. Hasn't anybody noticed that the gov.

loan mod. and bank of america scam have NOT been made totally public ? It is a HUSH HUSH issue and you never hear or see anything on the news about it, pretty weird since 93% of the people that applied for this Loan Mod lost their homes because they applied for it !!! Most of these homes the banks have fore-closed on the investors and banks are buying and renting them to welfare section 8 people and are getting paid $2000-2500 from the government to house them !!!!!

Unless you have ALOT of money I would advise everybody NOT to apply from this gov. loan mod.scam, you WILL lose your home and your life savings like all 93% of all people who applied did. I have 3 friends that work for b of a and are specialists and I know what is going on here as well as most b of a employees do. Thi is the BIGGEST all scam in HISTORY !!!!

If you are in the program now call them ( loan mod team only ( and GET OUT OF IT NOW !!!! You will owe the b of a alot of money though, trail payments are NOT credited to your loan or to your acct.

so you will have to pay back ALL the orginal loan amt payments since the start of the program plus ALL the late fees and other fees with-in 1-21 days or they will fore-closure on you...people do not this and that is why most lost theyre home !!!!! Trust me, I was there and got scamed too, I was lucky enough to have the money and pay it, but I did not even owe 1/4 of what they demanded from me and I had to pay them, I've yet to see my refund on $6700 in over-payments !!!!

Anonymous
#323324

I personally got fed up with the Bulls**t that bofa put myself and my family through. Took almost a year to get approved for a loan modification only to receive a NOF (notice of foreclosure) after being in the modification for 13 months and them telling me that we no longer qualify.

And to make matters even worse the $1,756.23 we paid for 13 months ($22,830.99) plus the $1,500.00 we paid for 4 months ($6,000.00) during the trial period ($28,830.99) wasn't even credited to our principle balance. So they are basically saying that we were just renting our home, and now it's time to get out. A family member referred an attorney that has a mas lawsuit against bofa with over 3 thousand people in it. My husband and I contacted them and spoke to a gentleman by the name of Corey and he explained to us in full as to why this is happening and told us what they could do to help.

So far everything that they said would happen has infact happened. My name has been added as a complaintant in the lawsuit, and now bofa has been calling me on a regular trying to work something out with me. Can you believe that? I couldn't receive a return call from them to save my life, now they are calling a few times a week, and they are not asking for money.

As Corey told us, we just continually tell them to call out attorney. They know we are serious now. The foreclosure sales date for May 5, 2011 has passed and we are still living in our home. The lawyers got the sales date stopped, and it loks like they are going to get us everything we need to keep our home and make it more affordable, as well as money damages for all the fraud and *** that bofa has been doing to us and all the other homeowners.

For anyone who wants it, Corey's number is 866-781-0725. Kramer & Kaslow are the lead attorney's on this lawsuit.

If you don't call him call someone and stop trying to do this on your own, because even when you think you have won (like we thought) you'll end up losing! Good luck to everyone

Anonymous
#322565

We have been trying to get a modification since February 2009. We were told (by phone) to make three payments of approx.

$1600 July 2009 and we did and of course we were then denied, saying we did not qualify. At different times I was working (husband has always worked) and then they said we made to much. We have been given the run around all of this time. We have applied for forebearance, ( I had surgery)modification, 7 different times, all the while going for periods not paying.

Our loan payment was orginally $1900(approx) and at one point last year our monthly statements had ua paying $3400, which of course we couldn't. We have now been told to pay approx. $2000 on a trial modification, however $69,000 was added on top of the original loan, which is missed payments, taxes,insurance and late fees. We asked for a breakdown, but have yet to receive it and if we don't agree to this amount they said they won't do the loan Can't they take the fees off, because now the loan is more than the house.

We can now make the $2000 payment, but there is no guarantee they still won't foreclose.

What I have written does not begin to explain the *** we have gone through. This is fraud, dragging things on and charging extra feesand basically lying.

Anonymous
#320485
:( BOA bought my loan from Wilshire in April 2010. I had to lease the house in August 2008 as it would not sell in the 18 months on market prior to new home being finished. Hurricane Ike hit the next month and markets crashed the following week.
We met with Wilshire rep at a workshop and the loan officer offered a loan mod to get it out of the ARM and into a fixed rate. I had advised her we would be 30-60 days behind for a couple of months due to out of pocket expenses from Ike. She promised to have it fixed. We sent letters and documents she requested and was placed into a "Trial" modification.
I started getting suspicious as I had done a mod with Wells Fargo years ago after getting laid off and it was quick and and without a "Trial".
After the 6 month trial, we kept paying payment as each month they said they were backed up (January 2009 - August 2009, well over 6 mos). In September when calling to make payment, Wilshire said we were not eligible for the program as this was an investment property. I told them well your company put it in the program and EVERY correspondence identified it as such. It took 6 months for them to reassign it to a new "Trial" program and then they sold the loan the next month.
Our first clus was when BOA sent a foreclosure notice. We contacted them immediately and advised we were in a trial modification agreement. We faxed all of the Wilshire docs over and they said they would honor it.
They then said at the end of the trial, they would assign it to a negotiator for permanent mod.
In September 2010, they advised they were cancelling all Wilshire agreements and would have a negotiator contact me.
BOA then sent another foreclosure notice.
I called them again and they said to disregard it that we were down to be notified.
I have faxed and FedExed and emailed paystubs, bank statements, financials, etc to both banks over 9 times now.
Only after contacting Senator Cornyn's office did I finally get someone with any snap to contact me. She said she was in the office of the BOA President. This was in May this year.
We were so excited as she said she had been handed our file and told to get the case resolved.
Guess what, the next week we got a notice the loan had been sold by one BOA division to another and someone new assigned.
I am not holding my breath that this will ever get resolved but since they already destroyed my credit, I will tear them apart in every venue possible in the legal system.
Good Luck to all of y'all!
Anonymous
#316480

No need to tell my story because its been told by each of you. Applied for a mod before I was behind.

Told that I had $200 left over based on his calculation. And then I became behind by one month. Once again, denied over the phone and given no reason. Called back about three months later...this time I applied over the phone, was accepted and told to forward paperwork.

Well what do you know...some of the paperwork (paystubs) were missing. Of course, I had to start over. This time I went one of the phony outreach events, personally gave the paperwork to a rep who said she was sending it to the back office because she could no handle FHA financed loans. Never heard from them again until they sent a federal express package stating that they were sending an appraiser out to my home to collect my loan documentation.

Really BoA...do I or other Americans look that ***.

Why would an appraiser need to review my loan documents. *** no...take your home and in five years I'll be a homeowner again because me and other Americans would have cashed out on this multi-billion dollar lawsuit.

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