PRESENTMENT OF NOTICE AND CLAIM UNDER NOTARY SEAL NOTICE TO AGENT IS NOTICE TO PRINCIPAL

Transcription

1 PRESENTMENT OF NOTICE AND CLAIM UNDER NOTARY SEAL NOTICE TO AGENT IS NOTICE TO PRINCIPAL From: Sally Jones, Notary Public 202 Trident Lane Beach City, CA To: Tom Jackson c/o Mortgage Investors Company 6090 Central Avenue Saint Petersburg, Florida RE: TEX LEE MASON; MORTGAGE ACCOUNT NO Service: USPS Registered Mail Article No. RR US; Notary s Certificate of Service. Dear Mr. Jackson, I have been contacted by Tex Lee Mason, executor for TEX LEE MASON, from outside the United States for the purpose of presenting a claim under notary seal. I have been asked to mention that: 1. You may rebut the statements and claims in the presentments by executing a verified response pointby-point in an Affidavit sworn under penalty of perjury, to be received by the Principal through my office, no later than thirty (30) days from this postmark to prevent issuance of a certificate verifying your non-response or default pursuant to my statutory authority; and that 2. your response to the Request Regarding a Statement of Account is to be received by the Principal, through my office, no later than fourteen (14) days from this postmark to prevent issuance of a certificate verifying your non-response or default pursuant to my statutory authority; and that 3. Your failure to respond to the presentments shall constitute your consent and agreement with the statements, facts, and terms set forth therin; and All communications must be delivered through me at the above address by Registered or Certified Mail to ensure delivery and appropriate certification within the time allowed to prevent the issuance of a certificate verifying your non-response or default pursuant to my statutory authority. Service in any other manner will be defective on its face. Executed on this day of, WITNESS my hand and official seal. (Seal) (Signature Notary) (Name of Notary Typed, Stamped or Printed) Notary Public, State of Georgia

2 Affidavit of Truth The undersigned Affiant, Tex Lee Mason, hereinafter Affiant, does solemnly swear, declare and state as follows: 1. Affiant s usage of the terms I, me, my, our or us refers to Tex Lee Mason ; and that 2. On or about February 4, 2004 I entered into a transaction, with Mortgage Investors Company, identified as Mortgage # , a copy of which is enclosed herewith as exhibit A. 3. The terms and conditions as represented to me, by the representatives of Mortgage Investors Company, is that I would receive a loan of money for $89,850.00; and that 4. In the spirit of the contract, and for equal consideration, I would mortgage a security interest in a Security Instrument for the value of $89,850.00, hereinafter referred to as the Note, a copy of which is enclosed herewith as exhibit B; as well as convey an interest in land located near 806 Ivy Lane, in Hinesville City, Liberty County Georgia to Mortgage Investors Company as a secured Creditor. 5. On or date Mortgage Electronic Registration Systems (MERS) executes an Assignment instrument signed by Assistant Secretary, Dewolfe R Turpeau, III alleging to assign the Mortgage Contract # to ABC Services Bank 6. ABC Services Bank, represents itself to be a servicer of the mortgage contract. Exhibit A. 7. Affiant made payments to, ABC Services Bank from April 4, 2004 to December until December 9, On or about June 1, 2013 Affiant became aware that ABC Services Bank never gave a loan, and that the transactions were funded solely by the securitization of the Affiants security instruments, and that the Mortgage Investors Company, did not lend the Affiant money. 9. ABC Services Bank used false representations intentionally, fraudulently, and deceptively to influence me to enter into the mortgage contract. 10. The Affiant, upon reliance on such false representations, pledged a security interest in the Note, in favor of Mortgage Investors Company 11. The Affiant upon reliance on the false representations mentioned above, has labored over 4000 hours (~$75,040.93) from February of 2004 until February of 2012, in satisfaction of the above fraud based Mortgage contract. I declare under penalty of perjury that the information above is true and correct. Executed on this day of, by: TEX MASON, Executor care of: 806 Ivy Lane Hinesville, Georgia [Non domestic, Without the US] Georgia, State } Jurat }ss. Liberty County } Affirmed and Subscribed before me this day of April 2015, by, Tex Lee Mason, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Commission Expiration

3 Acknowledgment Georgia State } } ss. Liberty County } This instrument was acknowledged before me this day of 2015, by Mason, Lee, Tex, Executor for the Estate (or trust) of Tex Lee Mason, on behalf of said Estate (or trust) Personally Known Produced Identification Type and # of ID (Seal) (Signature Notary) Name of Notary Typed, Stamped or Printed Notary Public, State of Georgia

4 April 6, 2015 Claimant: Mason, Tex Lee, Executor, for the Estate of TEX LEE MASON, 806 Ivy Lane, Hinesville, Georgia, [Non domestic, Without the US] Respondent: Office of the CFO, Mortgage Investors Company, 6090 Central Avenue, Saint Petersburg, Florida Re: REQUEST FOR ACCOUNTING AND NOTICE OF PENDING RESCISSION OF SIGNATURE FROM MORTGAGE DEED Ref: (a) Affidavit of Truth dated April 9, 2015 (b) Mortgage Contract # , Copy Stamped from County Encl: (1) Request regarding the list of collateral; 1 Page, from Tex Lee Mason, to Mortgage Investors Corporation, dated April 9, 2015, notarize (2) Request regarding a statement of accounting of unpaid obligations, 1 Page, from Tex Lee Mason, to Mortgage Investors Corporation, dated April 9, 2015, notarized The purpose of this Letter is to request an accounting of collateral and unpaid obligations regarding Mortgage Contract , and to give actual and constructive notice of the pending rescission of signature. The respondents are granted fourteen (14) days to respond to the Affidavit, under penalty of perjury with their objections (if any), before the Claimant exercises the right to rescind the signature from the Mortgage Contract. The respondents may affirm their agreement and assent to the facts as set forth in the aforementioned Affidavit and Statements, by remaining silent, and opting not to rebut the claims, within the fourteen (14) days allowed, for the statements of account, and thirty (30) days allowed, to respond to the Affidavit. IN WITNESS WHEREOF I hereunto set my hand and seal on this day of, By: Mason, Tex Lee TEX LEE MASON, Executor _

5 To: Mortgage Investors Company, 6090 Central Avenue, Saint Petersburg, Florida From: TEX LEE MASON, 806 Ivy Lane, Hinesville, Georgia Re: REQUEST REGARDING A STATEMENT OF COLLATERAL AND TYPE OF COLLATERAL PLEDGED BY MORTGAGE INVESTORS CORPORATION TO SECURE THE LOAN FOR ACCOUNT NO Pursuant to the Uniform Commercial Code this is a record authenticated by the debtor requesting that the Respondent approve or correct a statement indicating what the debtor believes to be the actual collateral pledged and the value thereof, relating to the account number indicated above. The recipient has fourteen (14) days to comply with this request and provide an authenticated record. STATEMENT OF COLLATERAL Date: April 8, 2015 Creditor: Mortgage Investors Company, 6090 Central Avenue, Saint Petersburg, Debtor: Tex Lee Mason, 806 Ivy Lane, Hinesville, Georgia Account No.: Collateral: No collateral pledged Date Pledged Type of Collateral Value of Collateral 02/1/2004 None pledged /1/2005 None pledged None pledged /1/2014 None pledged 0.00 Amount Total 0.00 I declare under penalty of perjury that the information above is true and correct. Executed on this day of July, 2014 by By: Mason, Tex Lee TEX LEE MASON, Executor _ Georgia, State } Jurat }ss. Liberty County } Affirmed and Subscribed before me this day of April 2015, by, Tex Lee Mason, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Commission Expiration

6 To: Mortgage Investors Company, 6090 Central Avenue, Saint Petersburg, Florida From: TEX LEE MASON, 806 Ivy Lane, Hinesville, Georgia Re: REQUEST REGARDING A STATEMENT OF ACCOUNTING OF UNPAID OBLIGATIONS FOR TEX LEE MASON MORTGAGE ACCOUNT NO Pursuant to the Uniform Commercial Code this is a record authenticated by the debtor requesting that Mortgage Investors Corp, approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations. Recipient has fourteen (14) days to comply with this request and provide an authenticated record. STATEMENT OF ACCOUNT Date: April 8, 2015 Creditor: Mortgage Investors Company, 6090 Central Avenue, Saint Petersburg, Debtor: Tex Lee Mason, 806 Ivy Lane, Hinesville, Georgia Account No.: Collateral: No collateral pledged Date Amount Paid Balance Due 03/1/ /1/ /1/ /1/ Amount Total 0.00 Total Balance Due: 0.00 Account Balance: 0.00 I declare under penalty of perjury that the information above is true and correct. Executed on this day of July, 2014, by By: Mason, Tex Lee TEX LEE MASON, Executor _ Georgia, State } Jurat }ss. Liberty County } Affirmed and Subscribed before me this day of April 2015, by, Tex Lee Mason, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Commission Expiration

7 Tex Lee Mason Po Box 417 Anytown, CA (202) To: Jim Jones, Attorney, c/o ABC Services Company 100 Any St. Anytown, USA April 8, 2015 RE: Account # , Credit Report # Dear Jim Jones, REQUEST FOR VALIDATION OF DEBT Your letter was received on 1 April 2015, alleging that I owe a debt to an original creditor named Mortgage Investors Company, now in collections with your organization under # I am unaware of any contract creating an obligation or indebtedness to Mortgage Investors Company, or your law firm. This letter constitutes my formal request for debt validation, pursuant to your obligations under the Fair Debt Collections Practices Act, and Fair Credit Reporting Act. Validation, differs from verification, whereas I am not only requesting the name, and address of the alleged original creditor, I am also challenging the authenticity of debt you are attempting to collect. Provide me with a true copy of the authenticated contract with my signature at the address provided above. NOTICE OF DISPUTE; I am disputing the information you are reporting in the credit file for Tex Lee Mason, with SSN ending in XXXX. The information you are reporting is innacurate. I am disputing the principle and any interest of the alleged debt obligation and I am disputing any outstanding balance balance owed by us. Please update the record with Experian, Equifax, and Transunion that the principle, of this debt is in dispute. ITEMS IN DISPUTE Date of Document: February 13, 2004 Borrower: Tex Mason Loan: Disputed Amount: $89, Please remove or correct the information according to your duties under the Fair Credit Reporting Act, Section 623(a)(1)(B), 623(b)(2), and 611(a)(1). Signed this day of, Tex Lee Mason, Authorized Representative

8 NOTARY S CERTIFICATE OF SERVICE It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to: Tom Jackson c/o Mortgage Investors Company 6090 Central Avenue Saint Petersburg, Florida hereinafter, Recipient, the documents and sundry papers pertaining to a certain Mortgage Account No regarding TEX LEE MASON as follows 1. Affidavit of Truth, executed by Mason, Tex Lee, dated April 6, 2015, 1 page; 2. Request for Accounting, and Notice of the pending rescission of signature from the mortgage deed, executed by Mason, Tex Lee, dated April 6, 2015, 1 page, with 2 enclosures; 3. Statement of Collateral, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 4. Statement of Account, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 5. Request for Debt Validation & Notice of Dispute, by Tex Lee Mason, dated April 6, page; 6. Notary s Letter of Presentment Under Notary Seal dated on or about April 6, page; 7. Reference copy of this Notary s Certificate of Service (signed original on file) 1page; by Registered Mail No. RR US Return Receipt attached by placing same in a postpaid envelope properly addressed to Recipient at the said address and depositing same at an official depository under the exclusive face and custody of the U.S. Postal Service within the State of California. (Seal) (Signature Notary) (Date) Name of Notary Typed, Stamped or Printed Notary Public, State of Georgia

9 STATE OF CALIFORNIA } } ss COUNTY OF ORANGE } CERTIFICATION OF NON-RESPONSE / NON-PERFORMANCE PRESENTMENT Be it known, that, the person signing below, a duly empowered Notary Public, at the request of Tex Lee Mason In care of 123 Any Lane, Anytown, Georgia, did duly present on April 9, 2015 the attached 1. Affidavit of Truth, executed by Mason, Tex Lee, dated April 6, 2015, 1 page; 2. Request for Accounting, and Notice of the pending rescission of signature from the mortgage deed, executed by Mason, Tex Lee, dated April 6, 2015, 1 page, with 2 enclosures; 3. Statement of Collateral, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 4. Statement of Account, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 5. Request for Debt Validation & Notice of Dispute, by Tex Lee Mason, dated April 6, page; 6. Notary s Letter of Presentment Under Notary Seal dated on or about April 6, page; 7. Reference copy of this Notary s Certificate of Service (signed original on file) 1page; to, Tom Jackson, c/o Mortgage Investors Company, 6090 Central Avenue Saint Petersburg, Florida 33707, requesting the rebuttal or acceptance of the terms and pending affidavit of Satisfaction, whereas the time limit having elapsed for rebuttal or acceptance thereof and providing a return of funds, which was refused by nonresponse/nonperformance. PROTEST Whereupon, the Notary Public signing below, for the reason dishonor by non-response/non-performance, does publicly and solemnly certify the dishonor as against all parties it may concern for liability equivalent to all costs, damages and interest incurred, or hereafter incurred, by reason of non-performance thereof and stipulations therein. NOTICE The undersigned Notary Public, certifies that on April 9, 2015 Notice(s) of Default were sent to the parties noted below by depositing in a depository of the United States Postal Service within the State indicated herein a sealed envelope containing said Notices(s) directed to the respective person(s) or entity(ies) at the last known corresponding address noted below: Tom Jackson c/o Mortgage Investors Company 6090 Central Avenue Saint Petersburg, Florida TESTIMONY In testimony of the above, I have signed my name and attached my official seal (Seal) (Signature Notary) (Date) Name of Notary Typed, Stamped or Printed Notary Public, State of Georgia

10 NOTICE OF DEFAULT STATE OF CALIFORNIA } } ss COUNTY OF ORANGE } PRESENTMENT Be it known, that, the person signing below, a duly empowered Notary Public, at the request of Tex Lee Mason In care of 123 Any Lane, Anytown, Georgia, did duly present on April 9, 2015 the attached 1. Affidavit of Truth, executed by Mason, Tex Lee, dated April 6, 2015, 1 page; 2. Request for Accounting, and Notice of the pending rescission of signature from the mortgage deed, executed by Mason, Tex Lee, dated April 6, 2015, 1 page, with 2 enclosures; 3. Statement of Collateral, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 4. Statement of Account, executed by Mason, Tex Lee Mason, dated April 6, 2015, 1page; 5. Request for Debt Validation & Notice of Dispute, by Tex Lee Mason, dated April 6, page; 6. Notary s Letter of Presentment Under Notary Seal dated on or about April 6, page; 7. Reference copy of this Notary s Certificate of Service (signed original on file) 1page; to, Tom Jackson, c/o Mortgage Investors Company, 6090 Central Avenue Saint Petersburg, Florida 33707, requesting the rebuttal or acceptance of the terms and pending affidavit of Satisfaction, whereas the time limit having elapsed for rebuttal or acceptance thereof and providing a return of funds, which was refused by nonresponse/nonperformance. PROTEST Whereupon, the Notary Public signing below, for the reason dishonor by non-response/non-performance, does publicly and solemnly certify the dishonor as against all parties it may concern for liability equivalent to all costs, damages and interest incurred, or hereafter incurred, by reason of non-performance thereof and stipulations therein. NOTICE The undersigned Notary Public, certifies that on April 9, 2015 Notice(s) of Default were sent to the parties noted below by depositing in a depository of the United States Postal Service within the State indicated herein a sealed envelope containing said Notices(s) directed to the respective person(s) or entity(ies) at the last known corresponding address noted below: Tom Jackson c/o Mortgage Investors Company 6090 Central Avenue Saint Petersburg, Florida TESTIMONY In testimony of the above, I have signed my name and attached my official seal (Seal) (Signature Notary) (Date) Name of Notary Typed, Stamped or Printed Notary Public, State of Georgia

11 RESCISSION OF SIGNATURE ON SECURITY DEED MIN: I Tex: Mason, the affiant, who is of lawful age and sound mind, who is a competent witness and is telling the truth, voluntarily, relating the following first hand knowledge of the facts and stating that these facts are true and correct to the best of my knowledge; that I signed as the Grantor on a certain security deed, MIN: ( Security Instrument ) in which Tex Mason was named grantor, and Mortgage Electronic Registration Systems, Inc, as Grantee, recorded on February 23, 2014 at 3:36 pm, in Book 01214, Page 00289, filed in Liberty County, clerk s office; and that Said Deed, was secured by the property described as the note, dated February 13, 2004, issued by Tex Mason, for 89,800.00, plus interest; and that I was misled, deceived, and induced to sign said deed, by the false representations of Mortgage Investors Corporation, the preparer of the deed; and Whereas fraud vitiates contracts/instruments and even judgments, the security deed, MIN: is null and void, ab initio; and therefore based on the foregoing, I hereby exercise my right to rescind my signature from the security deed, to cancel, and to render null and void, all transactions arising therefrom that would indicate in any manner whatsoever that I was ever subject to (liable for) a debt owed arising out of such transaction. I declare under penalty of perjury of the United States of America that I have read the foregoing document and know its contents, and to the best of my knowledge the statements therein are true and correct. Executed this 26th day of August 2014, Tex Mason, ttee Georgia State } } ss Liberty County } Acknowledgment This record was acknowledged before me on this 26th day of August 2014, by Tex Mason, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. In witness hereof I hereunto set my hand and official seal (Notary Public)

12 TEX S NOTES, and other random things Borrowers Request for accounting, and Statement of collateral pledged by Lender. Please provide me with a "Request regarding the list of collateral; and or a statement concerning type of collateral that you used to fund the loan" as referred to in Mortgage # , as per your requirement under UCC According to your obligations under UCC 9-210(c). Even if you are no longer claiming an interest in the Collateral you are obligated to respond to this request within 14 days pursuant to section (d) of the same title. The nature of this request, requires that you provide a certified record indicating the actual collateral that MIC pledged, risked, borrowed, or escrowed to secure an obligation owed by me, the alleged borrower. Request for an accounting" UCC 9-210(a)(2) This is a Request for an accounting of any unpaid obligations, which is separate from the request for accounting of the collateral previously requested. This inquiry is issued because I have received a debt collection letter from McCurdy Candler LLC, wherein they state that you are the original creditor of an obligation owed by me. The nature of this request, is to provide you with an opportunity to account for the existence, of any past, present or future unpaid obligation of the Mortgage account, or any other account that I have with you. I believe the balance of (0) zero as reflected in the enclosed statement is true, correct, and complete. This request is a separate request from the statement of collateral which shall determine whether or not you have any proof of the validity of the so called loan from which this mortgage arises. You are obligated to respond to this inquiry within fourteen (14) days. The failure to respond constitutes your agreement that the records enclosed, are accurate and that there is no money owed and /or that their was, is, nor will there be any obligation owed on this Mortgage, Loan, or any other Account held with you. These inquiries are directed to your office pursuant to your obligations under the Truth in Lending Act (TILA), 15 U.S.C et seq. The Fair Debt Collections Practices Act (FDCPA) 15 U.S.C. 1692e, Real Estate Settlement Procedures Act (RESPA) 12 U.S.C. 2605(e), the Dodd-Frank Wall Street Reform and Consumer Protection Act, (consumer s rights to access information 12 U.S.C 5533), The Freedom of Information (FOIA) 5U.S.C. 552 and The Federal Trade Commission Act (FTCA) 15 U.S. Code 45, The Freedom of Information Act and the Uniform Commercial Code (UCC) 9-203(b), and et seq. PRESENTING PAYOFF TO WARRANTY HOLDER