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August 4, 2010 Clerk of the Court: Lee Ann Bennett Sam Gibbons Courthouse 801 N. Florida Avenue, Suite 555 Tampa, Florida 33602 (813) 301-5162 Atten: Lydia

Debtor: MAINES, Marsha Lambert Case: 8:10-BK-05213-CPM

To the Clerk of the Court, Trustee, Jon Waage, and others filing pleadings in this case. Please take notice of the following enclosed documents being filed with the Court record on the above noted case:

1) 2) 3)

OBJECTION TO DOCUMENT (92 and 92-1) MOTION for Court to take Judicial Notice MOTION to STRIKE 4) Certificate of Services

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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OBJECTION TO DOCUMENTS (92 and 92-1)

Debtor files her OBJECTION TO DOCUMENTS (92 and 92-1) for reasons stated herein: 1. Debtors domicile is located in the state of Virginia. Under existing Virginia state law, Mortgage Electronic Registration Systems, Inc (MERS) has no standing neither lawfully, nor legally, to create, issue, nor submit a CORPORATION ASSIGNMENT OF DEED OF TRUST nor any legal pleadings regarding Security Instruments, Deed of Trusts etc., to the Clerk of Frederick County, VA. (Exhibit A - Code of Virginia) 2. MERS is a corporation existing under the laws of Delaware, with its primary place of business recorded in Delaware, not Virginia. See Virginia Code 55-58.1 (2) (Exhibit A - Code of Virginia) 3. Tom Garcia, Assistant Secretary of MERS is not Samuel I. White, PC, the named Trustee of the recorded Deed of Trust being referred to in Doc 92 and 92-1. 4. This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) states The Trustee is Richard D. Guy. Richard D. Guy is not Samuel I. White, PC, the named Trustee of the recorded Deed of Trust being referred to in Doc 92 and 92-1. See Virginia Code 55-58.1 (3). (Exhibit A - Code of Virginia) 5. This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) was allegedly filed with the Clerk of Frederick County, VA, after the Proof of Claim, in violation of this Courts own Proof of Claim form that states supporting documents must be filed WITH the Proof of Claim. 6. This CORPORATION ASSIGNMENT OF DEED OF TRUST (Doc 92-1) was allegedly filed with the Clerk of Frederick County, VA, after the 341 Creditors meeting, yet bears no Clerks Seal, no Deed Book and Page Numbers, contains Blanks, and does not comply with Virginia Code 5558.1. (Exhibit A - Code of Virginia)

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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7. MERS has no legal, nor lawful, authority to act on behalf of Countrywide Home Loans Servicing, LP (Lender) to transfer legal rights, nor Servicing Rights of the Deed of Trust to BAC HOME LOAN SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, because no Disclosure, nor Notice of Assignment of Servicing was provided to Debtor since the Note Modification in September 2008 was executed. Virginia Codes 6.2-325 (D) , 6.1-237.6, 6.2-1615 (Exhibit A - Code of Virginia) 8. The recorded Deed of Trust MERS refers to as submitted to this court was superceded by a later document titled Note Modification (Exhibit B) 9. Bank of America has failed to comply with Debtors repeated requests under the Administrative Procedures Act of 1946, (APA) (USC Title 5, Section 500) to produce any legal and/or lawful claims to Debtors Property. a. Bank of America has exhausted their Administrative remedy by failing to respond, nor by Contesting Debtors repeated requests by Certified Mail over the last 18 months. b. The Credit Bureaus have complied with the Administrative Procedures Act of 1946 (APA) by deleting all references to BAC from Debtors Credit Reports. MOTION for Court to take Judicial Notice Debtor respectfully Motions and Moves the Court to take Judicial Notice of the following information taken directly from the Recorded Note Modification of September 11, 2008. (Exhibit B) Debtor Notes for the Court other Errors in the Doc 92 filed with this Court: #1
PRINCIPLE BALANCE IS DIFFERENT:

#2

INTEREST RATE, PRINCIPLE, INTEREST AMOUNT IS DIFFERENT: (INTEREST ONLY LOAN- I PAID THE TAXES AND INSURANCE MYSELF)

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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#3 #4

ADDRESS TO MAIL PAYMENTS TO IS DIFFERENT:

MY LOAN MODIFICATION STATES I MUST TAKE THESE ACTIONS:

#5

MY DEED OF TRUST STATES I MUST PROTECT MY TITLE:

Debtor submits the Loan Modification Agreement with Countrywide as recorded in Frederick County, VA which states Debtor has Right to view Original Note or is idemnified on Page 2 Item 7 still has not been produced to the Debtor, nor this Court. Debtor submits neither MERS, nor BAC HOME LOAN SERVICING LP are a Party in Interest to Debtors Bankruptcy and that any alleged lien against Debtors Property be stripped unless the Original Note is produced to this Court and Debtor.

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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EXHIBIT A : VIRGINIA CODE

55-58.1. Security trusts defined; requirements for trustees and for recordation. (1) For the purposes of this article, the term "security trust" shall include a deed of trust, mortgage, bond or other instrument, entered into after the effective date of this article under which the title to real and personal property, or either of them, wholly situate in and including no property situate outside of the Commonwealth of Virginia, is conveyed, transferred, encumbered or pledged to secure the payment of money or the performance of an obligation; provided, however, that the provisions of this section shall not apply to supplements to existing security trust instruments now of record executed pursuant to the provisions of said existing security trust instruments. This section shall not apply to security trusts applying to property singly or jointly owned and situate partly in this Commonwealth and partly outside this Commonwealth or to property situate in this Commonwealth which, together with property situate outside this Commonwealth, is the security for the performance of an obligation. (2) No person not a resident of this Commonwealth may be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one of several trustees, the other or others of which are residents of this Commonwealth. No corporation may be named or act as the trustee or as one of the trustees of a security trust unless it is chartered under the laws of this Commonwealth or of the United States of America, and unless its principal office is within this Commonwealth. (3) No clerk shall admit any security trust for recordation which does not state the full residence or business address of the trustee or trustees named therein, including street address and zip code. Notwithstanding any other provisions of this section, if any security trust is admitted by a clerk for recordation it shall be conclusively presumed that such security trust complies with all the requirements of this section. (4) All deeds of trusts, mortgages, bonds or other instruments recorded by the clerk prior to January 1, 1999, Debtor: MAINES, Marsha Lambert Case: 8:10-BK-05213-CPM

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without the residence or business address of the trustee or trustees named therein shall be valid for all purposes as if such address had been named therein, if such recordation be otherwise valid according to the law then in force, provided, that this section shall not affect any right or remedy of any third party which accrued after the recordation of said instrument or before July 1, 1960.(1960, c. 565; 1962, c. 156; 1966, c. 398; 1974, c. 424; 1998, c. 202.) 6.2-325...D. Disclosure of charges in a disclosure given to the borrower pursuant to federal disclosure laws or regulations and acceptance of the loan proceeds by the borrower shall be deemed an agreement signed by the borrower within the meaning of this section. 6.1-237.6. (Repealed effective October 1, 2010) Prohibited practices. A. No industrial loan association shall: 1. Obtain any agreement or instrument in which blanks are left to be filled in after execution; ... 6. If acting as a mortgage lender, fail to require the person closing the mortgage loan to provide the borrower, prior to closing of the mortgage loan, with a (i) settlement statement and (ii) disclosure which conforms to that required by the provisions of 15 U.S.C. 1601 et seq. and Regulation Z, 12 C.F.R. Part 226. B. No association, when acting as a mortgage broker, shall: 2. Receive compensation from a mortgage lender of which it is a principal, partner, trustee, director, officer or employee; ... 5. Receive compensation for negotiating, placing or finding a mortgage loan where such association, or any person affiliated with such association, has otherwise acted as a real estate broker, agent or salesman in connection with the real estate which secures the mortgage loan, and such association or affiliated person has received or will receive any other compensation or thing of value from the lender, borrower, seller or any other person, unless the borrower is given the following notice in writing at the

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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time the mortgage broker services are first offered to the borrower:
NOTICE WE HAVE OFFERED TO ASSIST YOU IN OBTAINING A MORTGAGE LOAN. IF WE ARE SUCCESSFUL IN OBTAINING A LOAN FOR YOU, WE WILL CHARGE AND COLLECT FROM YOU A FEE NOT TO EXCEED .... % OF THE LOAN AMOUNT.WE DO NOT REPRESENT ALL OF THE LE NDERS IN THE MARKET AND THE LENDERS WE DOREPRESENT MAY NOT OFFER THE LOWEST I NTEREST RATES OR BEST TERMS AVAILABLE TOYOU. YOU ARE FREE TO SEEK A LOAN WITH OUT OUR ASSISTANCE, IN WHICH EVENT YOUWILL NOT BE REQUIRED TO PAY US A FEE FO R THAT SERVICE.IF YOU ARE A MEMBER OF A CREDIT UNION, YOU SHOULD COMPARE OUR INTEREST RATESAND TERMS WITH THE MORTGAGE LOANS AVAILABLE THROUGH YOUR CREDIT UNION. .................... BORROWER'S SIGNATURE .................... BORROWER'S SIGNATURE

The foregoing notice shall be in at least 10-point type, and the prospective borrower shall acknowledge receipt of the written notice. As used in this subdivision, the term "affiliated person of an association" means any person which is a subsidiary, stockholder, partner, trustee, director, officer or employee of an association, and any corporation ten percent or more of the capital stock of which is owned by an association or by any person which is a subsidiary, stockholder, partner, trustee, director, officer or employee of an association. (1993, c. 419.) 6.2-1615. (Effective October 1, 2010) Other prohibitions applicable to mortgage lenders. No mortgage lender required to be licensed under this chapter shall fail to require the person closing the mortgage loan to provide to the borrower prior to closing of the mortgage loan, a (i) settlement statement and (ii) disclosure which conforms to that required by the provisions of 15 U.S.C. 1601 et seq. and Federal Reserve Board Regulation Z (12 C.F.R. Part 226).(1987, c. 596, 6.1-422; 1989, c. 667; 1993, c. 183; 1997, c. 228; 2001, cc.502, 511; 2009, cc. 189, 261; 2010, c. 794.)

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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EXHIBIT B : RECORDED NOTE MODIFICATION

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM

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MOTION to STRIKE For reasons stated in the above OBJECTION TO DOCUMENT (92 and 92-1) and MOTION FOR COURT TO TAKE JUDICIAL NOTICE, Debtor Motions and Moves this Court to Strike Bank of America and/or MERS (Doc 92 and 92-1) from the Record. CERTIFICATE OF SERVICE I HEREBY CERTIFY, under penalty of perjury, a true and correct copy of the foregoing OBJECTION TO DOCUMENTS 92 and 92-1, EXHIBIT A, EXHIBIT B, MOTION FOR COURT TO TAKE JUDICIAL NOTICE and MOTION TO STRIKE was furnished electronically and/or by U.S. Mail, to the following: JON M. WAAGE Chapter 13 Trustee Post Office Box 25001 Bradenton, Florida 34206-5001 and LAW OFFICES OF DAVID J. STERN, P.A. Attorney for Secured Creditor 900 S. Pine Island Road, Suite 400 Plantation, FL 33324 Phone: (954) 233-8000 / Ext. 1637 Fax: (954) 233-8653 /s/ Lindsey A. Savastano Lindsey A. Savastano and Countrywide 450 American St. Simi Valley, CA 93065-6285 and US Trustee ico Ben Lambers 501 E Polk Street, Ste 1200 Tampa FL 33602-3945 and Office of US Attorney, Attn Civil Process Clerk, 400 North Tampa St Suite 3200, Tampa FL 33602-4774 and Office of the Comptroller of the Currency, 1301 McKinney Street, Suite 3450 Houston, TX 77010-9050, Case # 01038827 Respectfully Submitted,

DATED: 8/4/2010 Cc: Trustee, Jon Waage, PO Box 25001 Bradenton, FL 34206-5001, atten: Catina ext 135 Cc: Mike/Kim, Representative Counsel for Jon Waage, Trustee

Debtor: MAINES, Marsha Lambert

Case: 8:10-BK-05213-CPM