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IN THE UNITED STATES COURT OF a 4. I q
FOR THE TENTH CIRCUIT c;: UTAH
William J. Roberts
Plaintiff,- Appellate,
vs.
America's Wholesale Lender, BAC Home Loans
Servicing, LP FKA Countrywide Home Loans
Servicing LP, Recontrust Company N.A.,
Countrywide Home Loans, Inc., U.S. Bank
National Association N.A., U.S. Bank National
Association, RussellS. Walker
Defendants-Appellees
0 E f' lJ T Y c.: l .. L f1. t\
APPELLANT'S OPENING
BRIEF
Case No. 12-4088
On Appeal from the United States District Court
For the District of Utah
The Honorable Judge Dee Benson
Case No. 2:11-cv-00597-DB
APPELLANT'S OPENING BRIEF
Respectfully submitted,
William J. Roberts Prose
140 MacArthur Ave.
Salt Lake City UT 84115
801-654-54 7 5
wjefferyroberts@gmail.com
Oral Argument is not requested.
Page 1 of 14
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 1
TABLE OF CONTENTS
Contents
APPELLANT'S OPENING BRIEF ...................................................................................................................... 1
TABLE OF CONTENTS .................................................................................................................................... 2
TABLE OF ATUTHORITIES .............................................................................................................................. 2
STATEMENT OF JURISDICTION ..................................................................................................................... 3
STATEMENT OF ISSUES ................................................................................................................................. 3
STATEMENT OF FACTS .................................................................................................................................. 5
SUMMARY OF THE ARGUMENT ................................................................................................................... 7
ARGUMENT ................................................................................................................................................... 9
AMERICA WHOLESALE LENDER IS NOT A LEGAL ENTITY WITH LEGAL CAPACITY
STANDING AND JURISDICTION ........................................................................................................ 9
BAC IS WRONGFULLY FORECLOSING WITH NO STANDING .................................................. 11
MORTGAGE FRAUD ........................................................................................................................... 11
CLOUDS ON TITLE ............................................................................................................................. 12
APPELLANTS SUPERIOR TITLE ....................................................................................................... 12
CONCLUSION .............................................................................................................................................. 13
TABLE OF ATUTHORITIES
Cases
America's Wholesale Lender v. Pagano, 87 Conn.App 474, 866 A.2d 698 (2005) ..................................... 9
AMERICA'S WHOLESALE LENDER v. Linda K. SILBERSTEIN eta! 866 A.2d 695 87 Conn.App. 485
(2005) .................................................................................................................................................... 10
Statutes
Code 78B-6-130 1 provides as follows: Quiet title ..................................................................................... 12
Mortgage Fraud U.C.A. 76-6-1203 ........................................................................................................... 8
U.C.A. 57-1-23 Sale of a trust property-Power ofTrustt-Foreclosure of trust deed ............................ 8
Page 2 of 14
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Utah Code Annotated 57-1-35 .................................................................................................................... 12
Utah statute U.C.A. 57-1-23 .................................................................................................................... 10
Rules
Internal Revenue Code I.R.C. 860A-G ..................................................................................................... 6
STATEMENT OF JURISDICTION
This case was decided by the Federal District Court for the State of Utah.
The Defendants America's Wholesale Lender (Hereinafter "AWL"), BAC Home
Loans Servicing, LP FKA Countrywide Home Loans Servicing LP, (Hereinafter
"BAC") RECONTRUST Company N.A., Countrywide Home Loans, Inc., claim to
not be citizens of the State of Utah. U.S. Bank National Association N.A., U.S.
Bank National Association, RussellS. Walker are citizens of Utah but in
Defendant's Notice ofRemoval, page 2, Docket# 2, 6/27/2011 This Notice of
Removal is filed with the consent of defendants U.S. Bank, N.A.l and Russell S.
Walker.
The Plaintiff is a citizen of Utah. The loan in question and the home that
secured the loan have value in excess of the $100,000. This appeal comes from the
Order of Judge Dee Benson granting Defendants' I Appellees' motion to dismiss
Dated April18 2012. The Plaintiffs/Appellants filed their Notice of appeal on
5/17/2012.
STATEMENT OF ISSUES
The District Court erred in dismissing the causes in regards to the plaintiffs claim
that the defendant AWL had no legal capacity and standing as a trade name (Stated
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in Defendants Motion to Dismiss Docket #6 7/18/2011 page 7 "the Defendant
AWL named in the complaint is the trade name from Countrywide Home Loans,
Inc (Hereafter CLH).")
The District Court erred in dismissing the causes in regards to the plaintiffs claim
that the defendant BAC was not the beneficial owner of the note and Trust Deed
and had no standing to foreclose. The Appellant has found the true owner (if AWL
had legal capacity to assign the note) of the note. That owner is Fannie Mae. See
Roberts Declaration Exibit 1. The trust deed is not a MERS document so the
beneficial owner is the only one that can execute documents in it's behalf. They
have not declared a default or substituted a trustee, to initiate the foreclose process
in Utah. BAC is only the servicer of the loan; they work for the owner Fannie
Mae to collect payment. BAC knew Fannie Mae was the real beneficial owner of
the note when they were executing, filing, notarizing, and recording documents
with the county recorder office, falsie stating they were the beneficial owners of
the note.
The District Court erred in dismissing the cause in regards to the plaintiffs claim
of Quiet Title. The plaintiff clearly showed his superior clam of title with his
warranty deed as an undisputed exhibit in complaint. Plaintiff clearly showed that
any lien created by the deed of trust to AWL was not valid because of their
fictitious status and as so must be cleared in quieting the title
The District Court erred in dismissing the cause in regards to the plaintiffs claim
of unjust enrichment finding that there was an enforceable contract between
America's Wholesale Lender and Roberts. It is unjust to allow BAC who is not
Page 4 of 14
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 4
the beneficial owner of the trust deed the right to foreclose. If Fannie Mae claim of
ownership of the note and trust deed is validated by this court and then in the quiet
title hearing only they would have the right to foreclose
The District Court erred in dismissing the cause in regards to the plaintiffs claim
of Reckless/Intentional Infliction of Emotional Distress. BAC scheduled sale of
the plaintiffs home 3 times and canceled them within hours of the sale time. This
has been done without the right to sell the property because they are not the
beneficial owner of the deed of trust. Currently the Appellees BAC has a sale
scheduled for the July 1oth 2012. The Appellant has not even been notified of this
but has received letters from bankruptcy attorneys stating this.
STATEMENT OF FACTS
William J. Roberts is the owner of the home under a warranty Deed of Real
Property commonly known as 140 MacArthur Avenue Salt Lake City UT 84115
(Hereinafter "The Real Estate") complaint page 3 filed with Third District Court.
The Appellants executed a Trust Deed Refinance on 7/2/2003 with AWL
(complaint page 3). AWL is a fictitious entity, "Admitted by Appellees to be only
at trade name" (Docket #6 7118/20 11 page 7), but claims on the trust deed to be a
corporation operating and existing under the laws of New York. No such
corporation existed. Complaint page 3 and 4.No where on the trust deed does it
say that AWL is a trade name or DBA of Countrywide. (See Exhibit 1 Trust Deed
complaint).
Page 5 of 14
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The Note and Trust Deed was sold in July 1st of 2003to the now identified
depositor of the REMIC Trust, which is now known Fannie Mae. Once a note and
trust deed is deposited in a REMIC Trust it cannot be removed because of the
trusts Internal Revenue Code I.R.C. 860A-G for pass through tax status. Fannie
Mae has verified that the mortgage has not been removed from the trust. See
Exhibit 1 (Declaration by William Roberts).
Diana Feehan, an employee ofRecontrust a subsidiary ofBAC, signed a
Corporation Assignment of the Deed of Trust/ Mortgage on 10/21/2008 from AWL
to Countrywide Home Loans Inc. Recorded in Salt Lake County Utah Document #
10547150 Complaint page 5, Docket# 13 Memo in Opposition to Motion to
Dismiss page 2. At this time the loan was owned by a Fannie Mae Trust. See
Exhibit 1 Declaration by William Roberts.
Angela Nava, an employee of Recontrust a subsidiary of BAC, signed
Corporation Assignment of the Deed of Trust/ Mortgage on July 7, 2009 from
AWL to BAC. Recorded in Salt Lake County Utah Document# 10750420.
Complaint page 4, Docket # 13 Memo in Opposition to Motion to Dismiss page 4
at this time the loan was owned by a Fannie Mae Trust. See Exhibit 1 Declaration
by William Roberts.
A Notice of Default was filed by substitute trustee Recontrust Company NA
on 7/3/2009.
Substitution of Trustee executed on 7/8/2009 by Angela Nava as Assistant
Secretary of BAC, substituted in Recontrust as Trustee. At this time the loan was
owned by a Fannie Mae Trust. See Exhibit 1 Declaration by William Roberts.
Page 6 of 14
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The Defendant Recon Trust Company NA Acting as trustee for BAC as the
beneficial interest holder scheduled a foreclosure sale of the property for June 7th
2011 at 10:30 AM. Complaint page 7 at this time the loan was owned by a Fannie
Mae Trust. See Exhibit !Declaration by William Roberts.
On November 2, 2011, Armand J. Howell, a member of the Utah bar, was
substituted as trustee, Docket 23 Defendants Response to Plaintiffs Opposition to
Notice of Supplemental Authority page 3 Substitution was executed by BAC on
2/1112011. At this time the loan was owned by a Fannie Mae Trust. See Exhibit 1
Declaration by William Roberts.
Notice ofDefault was filed by Howell on Nov 2 2011 and Recorded at the county
Recorder's Office Document# 11275358 Exhibit #2. Notice of Default stated
BAC was the beneficial owner at this time the loan was owned by a Fannie Mae
Trust. See Exhibit 1 Declaration by William Roberts.
A Corporate Assignment of the Trust Deed was executed on 4/20/2012 from
Countrywide Home Loans Inc. To BAC Exhibit 3. At this time the loan was
owned by a Fannie Mae Trust. See Exhibit 1 Declaration by William Roberts.
SUMMARY OF THE ARGUMENT
In the case Roberts alleged that AWL was a fictitious entity not a corporation
under the United States Constitution, it has no legal capacity and thus no standing.
A fictitious name "party" has no legal existence (standing) and cannot sue or
defend any action under the law or execute any legally binding documents in that
Page 7 of 14
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fictitious name. A legal entity is a natural person or a corporation or other business
structure formed under the laws of a specific state. A trade name is not a legal
business structure. As such the alleged assignee BAC has no jurisdiction because
AWL with no legal capacity can't assign the note and trust deed. Therefore BAC
has no jurisdiction to use the non-judicial foreclosure procedures ofU.C.A. 57-1-
23 Sale of a trust property-Power of Trust-Foreclosure of trust deed. The claim
for declaratory judgment because BAC is not the beneficiary of the trust deed and
not the true holder of the note, should not have been dismissed by Judge Benson.
Roberts Argued under Quiet Title, that his Warranty Deed was the superior claim
of title to the defendants claim of title or lien, none of the defendants from the
facts, had a valid claim of title. As such this cause of action should not have been
dismissed by Judge Dee Benson.
Roberts has had to suffer through 3 scheduled attempts by BAC to sell Roberts's
personal primary residence, when BAC as servicer for Fannie Mae, knew they
were not the beneficiary of the trust deed and didn't posses the power of sale. This
is evidence of reckless intentional infliction of emotional distress as such the cause
of action of reckless intentional infliction of emotional distress should not have
been dismissed by Judge Dee Benson.
The Cause ofFraud which includes Mortgage Fraud U.C.A. 76-6-1203 A
person commits the offense of mortgage fraud if the person does any of the
following with the intent to defraud (3) files or causes to be filed with any county
recorder in Utah any document that the person knows contains a material
misstatement, misrepresentation, or omission; or " in the plaintiff Memorandum
Page 8 of 14
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Opposition to the Motion to Dismiss Docket # 13 Page 4 It states that BAC uses
Rencontrust Employees Angela Nava and Diana Feehan to execute and record in
the Salt Lake County Recorder's office documents stating BAC was the beneficial
owner of the Trust Deed and Note when they knew Fannie Mae was the beneficial
owner. This constitutes Mortgage Fraud under the Utah statute Roberts believes
this constitutes fraud by BAC, and as such the cause of Fraud should not have been
dismissed by Judge Benson.
ARGUMENT
AMERICA WHOLESALE LENDER IS NOT A LEGAL ENTITY
WITH LEGAL CAPACITY STANDING AND JURISDICTION
AWL a trade name, by the United States Constitution, has no legal capacity
and thus no standing. A fictitious name "party" has no legal existence (standing)
and cannot sue or defend any action or execute any legally binding documents in
that fictitious name. A legal entity is a natural person or a corporation or other
business structure formed under the laws of a specific state. A Trade name is not a
legal business structure. The Note and Trust Deed executed by plaintiff states
clearly that AWL "is a corporation organized and existing under the laws of New
York". It does not say America's Wholesale Lender, a trade name of Countrywide
Home Loans, Inc. which is a corporation organized and existing under the laws of
New York.
In the Roberts, Opposition to Supplemental Authority Docket #27 Page 3
and Notice of Supplemental Authority, Docket 29 and his Objection to Docket
#33Magistrate's Report and Recommendation Docket#34 page 6, Roberts cites;
America's Wholesale Lender v. Pagano, 87 Conn.App 474, 866 A.2d 698 (2005).
Page 9 of 14
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and AMERICA'S WHOLESALE LENDER v. Linda K. SILBERSTEIN et al 866
A.2d 695 87 Conn.App. 485 (2005). The defendants did not oppose the finding of
the cases as legal precedence or cite opposing cases. This case has identical facts
as our case. Neither Magistrate Alba nor Judge Benson addressed or provided any
legal decisions to the contrary. We believe this decision by the Connecticut State
Appeals court got it right. The Appellant knows this decision is not steering legal
precedents to the Utah District court or United States Court of Appeals for the
Tenth Circuit. Needless it was a supplemental authority entered and not objected
to by the defendants, and not addressed by the Judge in his decision. The
Appellant again asks the court to take Judicial Notice of the AMERICA'S
WHOLESALE LENDER v. Linda K. SILBERSTEIN and America's Wholesale
Lender v. Pagano Ruling by the Connecticut State Appeals. Both Cases clearly
found that AWL had no legal capacity ... in AMERICA'S WHOLESALE
LENDER v. Linda K. SILBERSTEIN et al "We conclude that because a trade
name is not an entity with legal capacity to sue, the corporation has no standing to
litigate the merits of the case. in America's Whole Sale Lender v. Pagano, supra
it was clear that AWL could not transfer the loan ... " An assignee, however, may
not commence an action solely in a trade name either, regardless of the entity to
which the trade name applies, because a trade name is not an entity with the legal
capacity to sue. Nor could Countrywide cure the jurisdictional defect by
substituting a party with the legal capacity to sue on behalf of the trade name. The
named plaintiff in the original complaint never existed. As a result, there was no
legally recognized entity for which there could be a substitute" Since Connecticut
is a judicial foreclosure state the decision was AWL could not sue to foreclose. In
our state which a non judicial foreclosure state the questions is could they or an
Page 10 of 14
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alleged assignee use the Utah statute U.C.A. 57-1-23 Sale of a trust property-
Power of Trust-Foreclosure of trust deed to take the Appellants Real Property.
We believe because AWL was a non-entity, with no standing, and has no legal
capacity, as such could not assign the loan. We belive the court should not let
them use a non- judicial law to foreclose on Robert's.
BAC IS WRONGFULLY FORECLOSING WITH NO STANDING
If AWL is found to be a legal entity by this court, It is known that AWL sold
the note and trust deed in 2003 to Fannie Mae. (See Roberts Declaration Exhibit
1 ). Since Fannie Mae has not substituted in a substitute trustee and has not declared
a Notice of Default, the loan is not in foreclosure and certainly can't be sold by an
invalid Trustee, substituted by BAC a party with no beneficial interest in the note
or trust deed. So the actions by BAC to sell Roberts Real Property is invalid and
the court should rule in favor of a Declaratory Judgment for the Appellant.
MORTGAGE FRAUD
Since AWL and CHL: has been creating and executing and recording
mortgage documents including Corporate Assignments, Substitutions of Trustees
and Notices of Default with the knowledge that Fannie Mae would be the party that
would have the beneficial interest in the Note and Trust deed. They knowingly
created, executed, and recorded at the county recorder's office false and misleading
documents. This constitutes Mortgage Fraud by Utah statute and fraud.
Page 11 of 14
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CLOUDS ON TITLE
In doing this BAC, CHL and AWL have created multiple assignments and
clouds on title, and as such there is a need for a Quiet Title hearing for all parties to
produce their original Trust Deed and note with all assignment proving a perfected
chain of title, or the Appellant Warranty Deed would prevail as the superior claim
of title, for this reason the Quiet Title hearing is necessary.
APPELLANTS SUPERIOR TITLE
Appellant complaint alleges plaintiffs superior title through their warranty
Deed and alleges that the defendants claims are hostel to plaintiff, Utah State Code
788-6-1301 provides as follows: Quiet title-- Action to determine adverse claim to
property. A person may bring an action against another person to determine rights,
interests, or claims to or in personal or real property. Plaintiff alleges that they hold
highest claim of title under a warranty deed. Complaint p. 1. The Plaintiff is not
coming in a stranger, to the property and claiming a lack of title in others to quiet
title to the world. The Plaintiff has a warranty deed and is making allegations to
quiet title as to these defendants that have recorded interests hostile to the
Plaintiffs, interests under the warranty deed. As stated in the statute, the Plaintiff
has filed a count to determine the rights, interests, or claims of the Defendants to
the Real Estate in relation to the Plaintiffs Warranty Deed. Utah Code Annotated
57-1-35 provides as follows: Trust deeds-- Transfer of secured debts as transfer of
security.
Page 12 of 14
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i
The transfer lof any debt secured by a trust deed shall operate as a transfer of
the security there re. Pursuant to the statute, once the debt, or in this case, the
Note is transferred the security, or benefit of the Trust Deed is transferred to the
holder of the Note. In this case, the facts alleged are that these defendants are not
the note holders o the promissory note executed by the plaintiff. If such is true,
none of these defe dants are the beneficiaries of the Trust Deed. The plaintiff has
alleged facts callin into question the validity of the recorded assignments,
statements purport ng to transfer beneficial interest in the trust deed. Only the
beneficiary or its a ent can transfer its interests. Therefore, pursuant to U.C.A.
57-1-3 5, only the ote holder, or its agent can transfer the beneficial interest.
Making a quiet titl hearing necessary to establish who holds the original wet ink
note and trust dee if they exist.
CONCLUSION
In the case the app llant has alleged that the jurisdictional status of AWL.
precludes them from going to court and using the law to foreclose or even
transferring the loan for that purpose. AWL doesn't have the legal capacity to
execute documents under the law. This would make the trust deed unenforceable
this would create an unenforceable contract. This creates the claim or unjust
enrichment. If Appellees BAC were allowed to foreclose and sell the plaintiffs
Page 13 of 14
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real property they would be unjustly enriched. The appellees BAC, Recontrust and
CHL have created and Recorded in the County Recorder's office documents they
knew, stated misleading claims of their beneficial ownership and by doing this they
have committed mortgage fraud under the statute.
No beneficial owner of the mortgage, if there is one, with enforceable right to the
powers of the trust deed, has declared a default, and followed the steps under Utah
Foreclosure law. For this reason the Plaintiffs have alleged facts, along with
reasonable inferences, that would entitle Plaintiffs to relief
Respectfully submitted this gth day of July, 2012.
William J. Roberts
Page 14 of 14
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Exhibit 1
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 15
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
William J. Roberts
Plaintiff,- Appellate, APPELLANT'S OPENING
BRIEF
vs.
America's Wholesale Lender, BAC Home Loans
Servicing, LP FKA Countrywide Home Loans
Servicing LP, Recontrust Company N.A.,
Countrywide Home Loans, Inc., U.S. Bank
National Association N.A., U.S. Bank National
Association, RussellS. Walker
Defendants-Appellees
Case No. 12-4088
On Appeal from the United States District Court
William J. Roberts Prose
140 MacArthur Ave.
Salt Lake City UT 84115
801-654-5475
wjefferyroberts@gmail.com
Page 1 of3
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 16
I, William J. Roberts, declare:
1. I am the appellant in this case. I am the owner of the subject property
described in the appeals brief.
2. I have personal knowledge of the facts set forth in this declaration and
if called and sworn as a witness could and would competently testify thereto.
3. I give this declaration in support of my opening brief 1 0
1
h Circuit
Appeals Court
4. The party claiming to be the current holder of the first priority deed of
trust on the subject property, BAC Home Loans Servicing, LP FKA Countrywide
Home Loans Servicing LP , is not the current holder of my note and deed of Trust.
5. I found my loan on the Fannie Mae locator website it stated they were
the investor on my loan.
6. To clarify that it was my first mortgage I called the Fannie Mae
resource center 800-732-6643 on July 9
1
h 2012 at 9:12AM and spoke with Amy ID
#828.
7. Amy confirmed that Fannie Mae is the owner of the trust deed and note
of my first mortgage executed on July 2nd 2003 from Countrywide Home Loans Inc.
8. Amy said they acquired it on July 1st 2003. and have owned it
continually since then.
9. She said the Note and trust deed and note vested in a Fannie Mae
Page 2 of3
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 17
REMIC Trust and the trustee of the trust was US Bank NA.
1 0. She stated they keep records of the call and that they could release them
to third parties they work with.
fl
Executed at S. C C..; U'[ , day of July, 2012.
I declare under penalty of perjury under the laws of the United States of
America and the laws of the State of Utah that the foregoing is true and correct.
J. Roberts
Page 3 of3
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Exhibit 2
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 19
11275358
AFTER RECORDING RETURN TO:
Annand J. Howell, Esq.
Matheson and Howell, PC
648 East First South
Salt Lake City, Utah 84102
Telephone: (801} 363-2244
MMOJ No.: 027322m
Title No.: jt IJ-/1/ I)
11275358
11nt2011 3:55:00 PM $10.00
Book - 9964 Pg - 8583
GaryW. Ott
Recorder, Salt Lake County, UT
GUARDIAN TITLE
BY: eCASH, DEPUTY- EF 1 P.
NOTICE OF DEFAULT AND ELECTION TO SELL
On or about July 2, 2003, William J Roberts, as trustor, executed and delivered to Scott Lundberg,
Attorney, as Trustee, for the benefit of America's Wholesale Lender, as Beneficiary, a trust deed to secure
the perfonnance by the trustor of the obligations Wlder a promissory note. The Trust Deed was recorded
in the office of the Salt Lake County Recorder, State of Utah, on July 8, 2003, as Entry No. 8722534, in
Book 8836, at Page 3229 and covers the following real property:
LOT 21, VICTORY VILLAGE, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE
AND OF RECORD IN THE SALT LAKE COUNTY RECORDER'S OFFICE.
Tax Parcel No.: 15-13-476-026
Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FK.A
CoWltrywide Home Loans Servicing LP is the current holder of the beneficial interest Wlder the trust deed
and Armand J. Howell is the current trustee. The obligations Wlder the promissory note and trust deed are
in default for failure to make the monthly payments. The principal balance is accelerated and due,
together with any other obligations including interest, late charges, costs and trustees' and attorneys' fees.
Accordingly, the trustee has elected to sell the property described in the trust deed as provided by law.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. FOR QUESTIONS, CALL (801) 363-2244. OFFICE
HOURS ARE 8:30AM to 4:30PM, MONDAY THROUGH FRIDAY.
DATED: November 2, 2011.
State of Utah
:ss.
County of Salt Lake )
The foregoing instrument was acknowledged before me this 2nd day of November. 2011, by
Armand J. Howell, Successor Trustee.
d-
Notary Public "
------"'
r---- I
ROC$ .. ,
I
' ,.. ,1!
____
... ____ .
BK 9964 PG 8583
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 20
Exhibit 3
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 21
AFTER RECORDING RETURN TO:
Armand J. Howell, Esq.
Matheson and Howell PC
648 East First South
Salt Lake City, Utah 84102
Telephone: (801) 363-2244
MMOJ No.: 027322m
II- ;;2_7 I I lA)
Parcel ID #: 15-13-476-026
ASSIGNMENT OF DEED OF TRUST
11378149
4/26/20121:09:00 PM $12.00
Book -10011 Pg -7298-7299
GaryW. Ott
Recorder, Salt Lake County, UT
GUARDIAN TITLE S UT
BY: eCASH, DEPUTY - EF 2 P.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
Countrywide Home Loans, Inc, hereby assigns to:
Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA
Countrywide Home Loans Servicing LP
that certain Deed of Trust, together with the indebtedness secured thereby, which Deed of Trust
is dated July 2, 2003, was executed by William J Roberts, as Trustor, to Scott Lundberg, Attorney,
as Trustee, and filed for record with the Salt Lake County Recorder on July 8, 2003, as Entry No. .
8722534, in Book 8836, at Page 3229, situated in said County, described as follows:
LOT 21, VICTORY VILLAGE, ACCORDING TO THE OFFICIAL PLAT
THEREOF ON FILE AND OF RECORD IN THE SALT LAKE COUNTY
RECORDER'S OFFICE.
1
BK 10011 PG 7298
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 22
MM:OJ No.: 027322m
Parcel ID #: 15-13A76-026

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ACKNOWLEDGMENT
State of f6Xf(S )
County of QIV LJ45 )
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v\ J.Ore me, G;' , otary Pu 1c,
personally appear&! \le-rl, n..cc ,4. r. n ff, .a , who proved
to me on the basis of satisfactory evidence tobe the person(s) whose name(s) @are subscribed to
the within instrument and acknowledged to me that he/@"they executed the same in his@their
authorized capacity(ies), and that by his@their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of --r=ex&s that
the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature 'fbe c?! r?4;;;;J::::::;;:-
\?
2
(Seal)
. MAXINE P. LUSTER
Notary Pubtio
State Of Texas
My Comm. Exp. 01232014
BK 10011 PG 7299
Appellate Case: 12-4088 Document: 01018878724 Date Filed: 07/13/2012 Page: 23