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4 with Your Name Here’s Complaint as an action to invoke Your Name Here’s Rights
7 2. Your Name Here states her right to claim pursuant to, inter alia, A.R.S.
8 § 33-807(B) that Bank of America, N.A. may not sell Your Name Here’s real
9 property until this action is concluded. The sale of Your Name Here’s real property
11 which is currently pendente lite and therefor Bank of America, N.A. may be justly
12 barred from selling Your Name Here’s real property until all matters concerning the
13 Genuine Original ADJUSTABLE RATE NOTE are settled and/or dismissed by this
14 Court.
15 4. Your Name Here has the substantial right to have this Court sequester
16 the Genuine Original ADJUSTABLE RATE NOTE until Bank of America, N.A. is
21 NOTE is a pertinent issue in this case and any adjudication of this matter may be
25 said interest is reliant on the Genuine Original ADJUSTABLE RATE NOTE being
26 in good condition and not altered in any way by any party during this case.
28 immediately cancel and hold said Genuine Original ADJUSTABLE RATE NOTE if
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the foreclosure does proceed in accordance with any possible future ruling of this
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Court.
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8. Sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
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in no way similar to any so called “show me the note” theories as espoused on the
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internet as Plaintiff is not requesting to “see” the Genuine Original ADJUSTABLE
6
RATE NOTE, Plaintiff is ONLY requesting that this Court protect Plaintiff’s due
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process of law rights to have the property of interest in this matter be protected by
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this Court.
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9. Your Name Here states on and for this Court’s record that Your Name
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Here is in fact the TRUE OWNER of the real property in question, and that any
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claim of legal ownership by any party is unsubstantiated; and substantiation
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notwithstanding, TRUE OWNERSHIP is a higher Right than legal ownership in
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ALL matters pursuant to Keech v. Stanford 1726, which has never been abrogated
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and/or abolished and/or altered by any court in this nation.
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10. Your Name Here also invokes Your Name Here’s right to replevin
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action pursuant to, inter alia, A.R.S. §§ 47-2711(2)(b); and 2716(3).
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11. The lawfulness and or fraudulent nature of the non-judicial foreclosure
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proceeding withstanding or notwithstanding; once Bank of America, N.A. attempts
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to take possession of the real property in question, Bank of America, N.A. may be
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required by the laws of Arizona, especially and specifically, inter alia, A.R.S. § 47-
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3501, and others, to return the Genuine Original ADJUSTABLE RATE NOTE
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relating to the real property to Your Name Here immediately after the foreclosure or
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the foreclosure may not be considered lawfully consummated.
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12. Accordingly, Your Name Here hereby moves this Court to sequester
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the Genuine Original ADJUSTABLE RATE NOTE until this case is adjudicated;
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and after said adjudication return and/or cancel the Genuine Original
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ADJUSTABLE RATE NOTE pursuant to this Court’s decision.
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13. Your Name Here’s fear that the Genuine Original ADJUSTABLE
2
RATE NOTE may be somehow transferred and/or sold and/or otherwise held by an
3
improper party are sufficient grounds for her request for sequestration as Your
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Name Here has provided sufficient evidence to this Court that Defendants, jointly
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and/or separately, alter, falsify and/or forge documents and record such documents
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into a public office.
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14. Sequestration of the Genuine Original ADJUSTABLE RATE NOTE in
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no way harm’s any Defendant.
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15. The ONLY possible harm that may come to Defendants from this
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Court’s ruling to sequester the Genuine Original ADJUSTABLE RATE NOTE is if
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the Defendants are not in possession of the Genuine Original ADJUSTABLE RATE
12
NOTE and therefore cannot avail the Genuine Original ADJUSTABLE RATE
13
NOTE for sequestration.
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16. The possibility of harm to Your Name Here for refusal of this Court to
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order the sequestration of the Genuine Original ADJUSTABLE RATE NOTE is
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immeasurable.
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17. Your Name Here may be unlawfully sued by a future party that
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somehow garners possession of the Genuine Original ADJUSTABLE RATE NOTE
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through lawful and/or unlawful means.
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18. Your Name Here may be forced to again pay for the Genuine Original
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ADJUSTABLE RATE NOTE if another party claims to be in possession of the
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Genuine Original ADJUSTABLE RATE NOTE.
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19. Accordingly, Your Name Here also moves this Court to sequester all
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copies, certified or not, of the Genuine Original ADJUSTABLE RATE NOTE in
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this action.
26 20. Factual events pertaining to this matter:
27 a. Homecomings traded Your Name Here the real property for the
3
4 CERTIFICATE OF SERVICE
5
ORIGINAL and ONE COPY delivered to THE SUPERIOR COURT OF
6 THE STATE OF ARIZONA COUNTY OF MARICOPA, this 27th day of September, 2010.
7
I HEREBY CERTIFY that a true and correct copy of the above REPLEVIN has been
8 furnished by certified U.S. Mail on this 27th day of September, 2010 to: