UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ In Re the Bankruptcy of SUZANNAH META SCHMID,

Case No. 10-12142-tsu Debtor ______________________________________________________________________________ SECOND OBJECTION TO SECURED CLAIM #2-4 FILED BY BAC HOME LOANS SERVICING, LP, N/K/A BANK OF AMERICA, SUCCESSOR BY MERGER ______________________________________________________________________________ NOW COMES the Debtor, Suzannah Meta Schmid, by her attorney Wendy Alison Nora of ACCESS LEGAL SERVICES, respectfully objects to Claim #2-4 in these proceedings and shows the Court: 1. BAC HOME LOANS SERVICING, LP filed Claim #2-4 in these proceedings on July 5, 2011. 2. Debtor stipulates that BANK OF AMERICA is the successor by merger with BAC HOME LOANS SERVICING, INC. and that its counsel was in possession of the original mortgage note signed by the Debtor on March 3, 2004 at the discovery conference between her counsel and counsel for BANK OF AMERICA on or about August 2, 2011. 3. Attached to Claim 2-4 is a copy of the original mortgage note executed by the Debtor in favor of M&I Mortgage Corporation on March 3, 2004. 4. An allonge attached to the mortgage note was purportedly signed by one Lorann Ten Haken, for M&I Mortgage Corporation as its Vice-President and purports to make the note payable to Countrywide Document Custody Services, a Division of Treasury Bank, N.A. Without Recourse. 4. At some point in time thereafter, an endorsement was stamped on the allonge whereby the mortgage note became stamped with a double signature rubber stamp which bears prestamped signatures of a Laurie Meder as Vice President which purports to make the mortgage note payable from Countrywide Document Custody Services, a Division of Treasure Bank, NA to Countrywide Home Loans, Inc. Without Recourse and simultaneously endorses the instrument in blank to by signature stamp of David A. Spector as Managing Director of Countrywide Home Loans, Inc. to anyone who takes this Note by transfer and who is entitled to receive payments under this note . . . called the Note Holder, according to the terms of the Debtors mortgage note.

5. Debtors counsel has recently discovered new evidence of the processes of document creation at the former Countrywide system of corporations, limited liability partnerships which sit within each other like self-concealing nesting dolls, and based upon that new evidence, she is forced to make this second objection to the Claim 2-4. Hereafter, the term Countywide will be used to describe the corporate identity concealment scheme, except insofar as the name of the various entities are necessary to the factual statements herein. 6. Whereas Debtors counsel knew that Treasury Bank, N.A. no longer existed at the time of the preliminary hearing on the Debtors first objection to the claim of BAC Home Loans Servicing, LP (which itself came into being as a mere name change from Countrywide Home Loans Servicing, LP filed with the Texas Secretary of State) the mortgage note, which was produced in discovery in these proceedings, facially appeared to be validly endorsed in blank, albeit with a double signature rubber stamp. Both counsel for Debtor and counsel for Bank of America believed that the use of the signature stamp was legally authorized. 7. On April 15, 2012, Debtors counsel was made aware of lack of corporate authority and failure to secure lawful powers of attorney underlying in the production of documents using the double signature rubber stamps at the Countrywide facilities in California where Laurie Meder is employed through the deposition of Michele Sjolander, Vice President in the document production department of the former Countrywide Home Loans Servicing, LP. (A copy of that deposition is attached hereto as Exhibit A.) 8. Debtors counsel was deceived into conceding that the mortgage note had been endorsed with lawful authority because, at that time, neither she, nor counsel for Bank of America, could ever have imagined that the uncontrolled and unauthorized document stamping process was being operated in any financial institution anywhere. 9. Two lawful and valid documents are necessary to establish a secured claim for payments in bankruptcy proceedings: a mortgage note representing the debt obligation and the mortgage agreement representing the collateral given to secure the debt obligation. 10. There are two ways to prove a secured mortgage claim: (1) The secured creditor must own both the mortgage note and be specifically named as the mortgagee in the mortgage or be the lawful assignee of the mortgage or (2) the owner (lawful holder by transfer with enforcement rights) of the note can seek equitable assignment of the mortgage upon demonstration of the lawful transfer of the note. 11. Because the endorsement of the mortgage note was assumed to have been with lawful authority (who would assume otherwise?) Debtors counsel reluctantly agreed to file and serve an adversary proceeding against Associated Bank which filed Claim #1 in these proceedings as a secured claim for payments of the second mortgage recorded on Debtors homestead.

12. Nevertheless, Debtors counsel never waived Debtors objection to the validity of the assignment of mortgage from Treasury Bank, NA and Debtors first objection to Claim #2 was dismissed without prejudice. 13. Attached to Claim #2-4 is a certified copy of the mortgage and certified copies pf two subsequent assignments of the mortgage which was executed by the Debtor on March 3, 2004. 15. The first assignment of mortgage is dated March 3, 2004 and is signed by Lorann Ten Haken, Vice President of M&I Mortgage Corporation, notarized by Mary Ann Sonnentag and purports to assign the mortgage to Countrywide Document Custody Services, a Division of Treasury Bank, N.A., identified on the face of the assignment as a corporation organized and existing under the laws of the State of New York. 16. The assignment of mortgage dated March 3, 2004 and signed by Lorann J. Ten Haken is notarized by Mary Ann Sonnentag, a Wisconsin notary. 17. Debtors mortgage was initially assigned by M&I Mortgage Corporation to an entity (Countrywide Document Custody Services, a Division of Treasury Bank, NA) which is not and never has been a corporation organized under the laws of the State of New York. (See Exhibits B and C.) 18. The first assignment of the mortgage was altered to refer to document number of the simultaneously recorded original mortgage AFTER it was notarized. Note the hand-written document number for the mortgage which was not recorded and did not receive a document number until at least March 8, 2004, which is the date the mortgage was recorded. 19. It appears that the original assignment of mortgage is invalid as having been altered after it was notarized. 20. Having been assigned to a nonexistent entity (there was never a corporation called Countywide Document Custody Services organized under the laws of the State of New York) and altered after it was executed in the presence of Wisconsin Notary Mary Ann Sonnentag, the first assignment of mortgage is invalid. 21. Although M&I Mortgage Corporation could theoretically correct the defects in the first assignment of mortgage if it still exists, but it does not, having been dissolved on December 4, 2006 (See Exhibit D.) 22. Furthermore, a valid mortgage is of record in favor of Associated Bank, dated July 29, 2005 and recorded on August 23, 2005 in the Office of the Portage County Register of Deeds as Document #77674 and, under Wisconsins race/notice recording law, the mortgage of Associated Bank takes priority over any later recording which might have been attempted to 3

correct the invalid mortgage assignment. WHEREFORE, the Debtor respectfully objects to Claim #2-4 of BAC Home Loans Servicing, LPs successor in interest by merger, Bank of America and asks that it be disallowed upon the grounds that 1. Debtors mortgage note has not been shown to have been lawfully endorsed by an individual authorized by lawful resolution of the Boards of Directors of M&I Mortgage Corporation; 2. Debtors mortgage was initially assigned to an entity (Countrywide Document Custody Services, a Division of Treasury Bank, NA) which is not and never has been a corporation organized under the laws of the State of New York; 3. The assignment of Debtors mortgage assignment which was altered to refer to document number of the original mortgage AFTER it was notarized. 4. A double-rubber-stamp was placed upon Debtors mortgage note, bearing the preprinted signatures of individuals who have which has not been shown to have been given signing authority by the lawful resolution of Board of Directors of either Countrywide Document Custody Services as to Laurie Meder, Vice-President, or Countrywide Home Loans, Inc. as to David A. Spector, Managing Director; 5. There is no evidence that the individual who stamped the mortgage note was authorized to affix the stamp on the note, by power of attorney of Laura Meder and David A. Spector from both corporations for which the stamp purports to have been used and the evidence is, in fact, otherwise: that signature stamps were being placed on mortgage notes without any authorization, quality control or supervision whatseover; 6. The mortgage was assigned to the current claimant from a division of Treasury Bank, N.A., an entity which ceased to exist before the mortgage was purportedly assigned and could not have authorized the assignment; and/or 7. There never has been a corporation duly organized under the laws of the State of New York, by the name of Countrywide Document Custody Services. 8. All or most of the foregoing defects range from technical invalidity to fraud to forgery and equitable assignment cannot be used to rubber stamp a claim based on invalid, false or fictitious documents.

Dated at Minneapolis, Minnesota this 27th day of April, 2012. /s/ Wendy Alison Nora ____________________________________ Wendy Alison Nora ACCESS LEGAL SERVICES 210 Second Street NE Minneapolis, Minnesota 55413 VOICE (612) 333-4144 FAX (612) 886-2444 accesslegalservices.bky@gmail.com Wisconsin Attorney ID #1017043