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1.

John-lee Hansen, disputes the presumption of validity of debt, lawful lien,


and lawful foreclosure. Herein and on the forms provided by Wells Fargo, I have provided specific dates and my complaints cannot and must not be considered general comments out of scope. I specifically ask for a full file review without my complaint being scrubbed or purged. The guide to the law is reason, what is reasonable to man of ordinary prudence and discretion.

2. The National Bank Act granting national banks authority to act in a fiduciary
capacity specifically states that such authority shall be exercised only "when not in contravention of State or local law," 12 U.S.C. 92a (b). Wells Fargo Bank is in contravention of Arkansas State law because Wells Fargo Bank is not authorized to do business in the state of Arkansas as required by

Ark. Code Ann. 18-50-117 (2012). Foreign corporations and other entities. No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures (Statutory Foreclosure) under this chapter unless authorized to do business in this state. (See: attached copies of registration search of the

Arkansas Secretary of State web site that conclusively evidences Wells Fargo Bank is not registered with the Secretary of State of Arkansas as required, as Exhibit 1 Arkansas Corporation search dated 8/9/2010
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and another search dated 2/29/2012) . The result evidences public record of incontrovertible proof Wells Fargo Bank was not at the time of filing Statutory foreclosure against John Lee Hansens Real Property in violation of Ark. Code Ann. 18-50-117 (2011). Ark. Code Ann. 18-50-117

(2012) is part of the Arkansas Statutory Foreclosure Act of 1987, Ark. Code Ann. 18-50-101, et seq. (2012). A reasonable to man of ordinary prudence and discretion determines Wells Fargo Bank is not entitled to use

the Arkansas Statutory Foreclosure Act unless authorized to do business as required by Arkansas law.

3. Statutory Foreclosure is also referred to as nonjudicial because statutory


foreclosure bypasses the court system. See also where court precedence in Arkansas also evidences Wells Fargo Bank was not entitled to Statutory foreclosure of John Lee Hansens Real Property: Re: Johnson Case No. 3:10-bk-19119 , Peeks Case No. 3:11-bk-10602 , and Estes Case No . 3:10bk-16541 (Consolidated Cases), U.S. Bankruptcy Court (E.D. Ark. 2011). For the reasons discussed below, the Court finds that J.P. Morgan was not qualified to use the Arkansas non-judicial foreclosure process when it initiated the foreclosures against these Debtors. J.P.

Morgan failed to comply with the authorized-to-do-business requirement of Ark. Code Ann. 18-50-117, and nothing in Ark.
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Code Ann. 18-50-102, the Wingo Act,

or the National Banking

Act allowed it to conduct those proceedings without meeting that requirement. Absent compliance with Ark. Code Ann. 18-50117, J.P. Morgans avenue for foreclosing on these properties was that of judicial foreclosure through the courts, not Arkansas non-judicial foreclosure process. through

4. Mortgages are subject to judicial review for substantive fairness, as well as,
for procedural compliance. See Stare Decisis (it has been decided in

Arkansas Court): Henson v. Fleet Mortgage Co., 319 Ark. 491, 892

S.W.2d at 253 (1995):


Since any statute that is in derogation of or at variance with the common law must be strictly construed, and Ark. Code Ann. 18-50103 provides the trustee may not exercise a power of sale unless the specified requirements are satisfied, the sale should have been set aside; a sale under the power in the mortgage without complying with the relevant statutes is invalid.

A reasonable to man of ordinary prudence and discretion will easily determine Wells Fargo Bank was not authorized to conduct the attached foreclosure (Exhibit K file dated as 03/31/2010 and Power of Sale exhibit T file dated as

03/09/2010). Wells Fargo was not entitled to file the foreclosure on John Lee
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Hansens Real Property because Wells Fargo Bank failed to comply with the authorized-to-do-business requirement of Ark. Code Ann. 18-50-117, and or the National Banking requirement. for

nothing in Ark. Code Ann. 18-50-102, the Wingo Act,

Act allowed it to conduct those proceedings without meeting that

Absent compliance with Ark. Code Ann. 18-50-117, Wells Fargos avenue foreclosing on these properties was that of judicial foreclosure through the courts, not through Arkansas non-judicial foreclosure process

! Exhibits K

and T irrefutably prove Wells Fargo Bank used Arkansas statute law to foreclose, not federal law. See provisions of voiding Wells Fargos foreclosure: A.C.A. 18-50-116 (2011) Miscellaneous provisions. (2)(B)(ii) Failure to strictly comply with the provisions of this chapter (Statutory Foreclosure). See: Henson

v. Fleet Mortgage Co., 319 Ark. 491, 892 S.W.2d at 253 (1995). The Arkansas Supreme Court overruled the lower court, stating that the statute must be strictly construed and the requirements of the statute must be satisfied before any sale could take place. See also: Robbins v. M.E.R.S., 2006 WL 3507464, at *1
(Ark. Ct. App. 2006) It is also true that the Arkansas Statutory Foreclosure Act, being in derogation of common law, must be strictly construed.

5. Utilizing the proper analysis, the presumption that Wells Fargo Bank
lawfully foreclosed (followed Arkansas Statutes) may be rebutted. See: A.C.A. 4-1-206 (2011) Presumptions, a fact is presumed, until
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evidence is introduced that supports a finding of its nonexistence. The presumption is now rebutted with evidence and case law evidencing the fact Wells Fargo Bank failed to follow the statutory requirements to foreclose upon John Lee Hansens Real Property. Wells Fargos foreclosure is void for failure to comply with Arkansas law requiring registration with the Arkansas Secretary of State in order to be entitled to statutory foreclosure.

6. Wells Fargo Bank/Home Mortgage, Countrywide Home Loan, Inc. and


Wilson & Associates acquiescence, exhibits D Dated April 26, 2010 (to Wilson & Associates), E Dated April 26, 2010 (to Wells Fargo), F Dated April 26, 2010 (to Countrywide), are qualified written requests that are unanswered as attested by Notary Accepter May 24, 2010) and to date are still unanswered. A.C.A. 23-39-513 (2011) Prohibited activities (1) To misrepresent or conceal any material fact or make any false promise. (3) To fail to account for or to deliver to any person any funds, documents, or other thing of value obtained in connection with a mortgage loan.

7. Presumably, Wells Fargo Banks claim to foreclosure right is found in


Freddie Mac's servicing guide, relevant portion (Chapter 66: Foreclosure), expressly requires servicers to initiate and complete foreclosures on loans. (See Section 66.1 stating "The Servicer must initiate foreclosure). Section
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66.2 diagram titled "Process for all Mortgages that are delinquent or in default" indicating that Servicer must initiate and complete foreclosures. Wells Fargo Bank cannot claim to be the servicer of the instant purported debt when Wells Fargo Bank never sent statements, collected remittances or communicated with Appellant for any debt. (See Statement dated and

servicer letter from Wells Fargo Home Mortgage Exhibit 5). Wells Fargo Home Mortgage is a separate person who did send statements, collected remittances, and communicated with John Lee Hansen through an invalid assignment of the instant Deed of Trust and Note as A.C.A. 4-3-404. Impostors -- Fictitious payees. (a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.

8. A Nebraska Secretary of State and online search of the home office of


Commercial Federal Mortgage Corporation revealed that the Articles of Dissolution were filed on October 2, 2002. (See Exhibit 7 page 3 articles of dissolution filed October 2, 2002). Anyone may phone (800) 747-8177 or check the following web site http://www.sos.state.ne.us/business/corp_serv
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to validate said dissolution. Prima facie evidence shows Wells Fargo Bank may have filed Exhibit C on 08/31/2006 mortgage assignment dated the 1st day of July 2005 but lacks valid assignment of the instant Deed of Trust. (See also: Exhibit U Affidavit stating Wells Fargo Banks assignment of the Deed of Trust (Exhibit C) is without merit and/or fraudulent. See: United States v. Kis, 658 F.2d, 526 (7th Cir. 1981). "Indeed, no more than (affidavits) is necessary to make the prima facie case." Commercial Federal Mortgage withdrew [its] incorporation as announced in public record two and a half years prior to Wells Fargo Banks purported assignment of the instant Deed of Trust. Therefore, what is reasonable to man of ordinary prudence and discretion leads us to the logical conclusion Wells Fargo Banks assignment of the Deed of Trust and Note on its face is fraudulent. Furthermore, the foreclosure sale should have been set aside for failure to comply with statutory requirements. See Stare Decisis: Henson v. Fleet

Mortgage Co., 319 Ark. 491, 892 S.W.2d at 253 (1995): 7. MORTGAGE
-- FORECLOSURE SALE SHOULD HAVE BEEN SET ASIDE FOR FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS.

9. See: Mortgage Electronic Registration System, Inc., v Southwest Homes of


Arkansas, No. 08-1299, Supreme Court of Arkansas (2009).

Unacknowledged mortgage is not entitled to record, and, if recorded, its


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record is of no validity. Moore v. Ollson, 105 Ark. 241, 150 S.W. 1028 (1912). Finally, we note that Arkansas is a recording state. Notice of transactions in real property is provided by recording Ark. Code Ann. 1415-404 (Supp. 2007). See also: In re Baugh, 60 B.R. 102 (Bankr. E.D. Ark. 1986) (decision under prior law). For a transfer to withstand attack as fraudulent, it must be for adequate consideration and made in good faith. A recording of John Lee Hansens Deed of Trust connived and conspired to by Wells Fargo Bank from Commercial Federal Mortgage who was out of business two and a half years prior to the Deed of Trust assignment and lack of evidence of consideration can hardly be made or considered as Good Faith.

10.Furthermore, purported note owner, Countrywide Home Loans, Inc. has no


recording of the instant Deed of Trust as was evidenced in the list of filings of the Deed of Trust that also exclude Countrywide Home Loan, Inc. from entitlement to Statutorily foreclose in Arkansas See: Affidavit by the

President of United Abstract and Title Company (exhibit I dated 30 July 2010). The fact Countrywide has no recording of the Deed of Trust and Wells Fargo Bank is not licensed to conduct business in Arkansas has never been contested or rebutted. The curative provisions of this section cannot supply an acknowledgment when in fact there is none. Pardo v. Creamer,
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228 Ark. 746, 310 S.W.2d 218 (1958). See also: A.C.A. 18-50-103 (2011) Conditions to exercise of power of sale: A beneficiary or mortgagee (Wells Fargo and/or Countrywide) may not initiate a foreclosure under this chapter unless: (1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated. The only question that needs to be answered to resolve this controversy, Were the statutes complied with in the Statutory (nonjudicial) Foreclosure. Irrefutable

evidence of facts demonstrate both Wells Fargo Bank and Countrywide Home Loan, Inc. failed to follow Arkansas statute requirements.

11.See: In re: Krohn v. Sweetheart Properties, Ltd., 203 Ariz. 205, 52 P.3d 774
(2002). Nonjudicial foreclosures strip borrowers of the protections available under a judicial foreclosure. Therefore, lenders must strictly comply with the foreclosure statutes The court determined that Inadequacy of sale price is a well understood concept and can cause a Trustee Sale to be overturned. In the instant matter John Lee Hansens property value is quoted as $29,000.00 when the attached VA assessment provided to Wells Fargo Bank and/or Wilson & Associates shows the value to be $81,000.00 (exhibit 4 first page dated 1/16/11 property value as reported to IRS $29,870 by Wells Fargo Bank. The attached assessment ordered by Wilson & Associates for Wells Fargo VA assessed value is
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$81,000). The attachment also evidences Wells Fargo has also filed false documents with the Internal Revenue Service. Wells Fargo sold my real property and now is claiming additional tax exemptions equal to the sale price in addition to collection of proceeds of the sale in contravention to State, Federal and IRS allowances. See also: Fordyce v. Hardin, 54 Ark.

554, 16 S.W. 576 (1891). When error as to admissibility of evidence as to value of property can be cured by a remittitur, a judgment will be affirmed on the entry of the remittitur. In the present case, the inadequacy of sale
price and failure to disclose Wells Fargo Banks fraudulent assignment the Deed of Trust, failure to be licensed to do business in Arkansas, fraudulent assessed property value, fraudulent exemption to IRS, lack of Countrywide having assignment of the Deed of Trust, no Indorsement on the Note, and lack of evidenced consideration is no error.

12.The copy of the Note provided by Wells Fargo Home Mortgage to the
Arkansas Attorney Generals Office evidenced (Exhibit 2 Attorney General letters dated January 13, 2011 and December 21, 2010; Wells Fargo Home Mortgage letters Dated December 16, 2010 and December 14, 2010; copy of front and back of the instant Note dated December 14, 1993; Uniform Residential Loan Application FAX date of 10/25/2010 evidencing BAR CODE X-ed out; VA Assumption Policy Rider dated 14th day of
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December 1993 evidencing BAR CODE X-ed out; and Debra Booths letter asking for time extension to provide a copy of the Pooling and Servicing Agreement Brooks Browning asked for that has never been sent dated December 11, 2010). See precedence: Kemp v. Countrywide Home Loans, Inc., Case No. 08-18700-JHW, Adversary No. 08-2448 United States Bankruptcy Court (2010): [t]he owner of the note, the Bank of New York, never had possession of the note, is fatal to its enforcement. Second, upon the sale of the note and mortgage to the Bank of New York, the fact that the note was not properly indorsed to the new owner also defeats the enforceability of the note.

See Stare Decisis: Rockford Trust Company v. Purtell, [No Number in Original], Supreme Court of Arkansas, 183 Ark. 918, 39 S.W.2d 733 (1931) debt was a negotiable note, which was not indorsed or delivered to Canon. The note was not therefore transferred. The copy of the Note submitted to the Attorney Generals office evidences no endorsement by Commercial Federal Mortgage Corporation, Countrywide Home Loan, Inc., Wells Fargo Bank and/or Wells Fargo Home Mortgage. The note was not properly indorsed to the new owner, location disclosed or delivered to John Lee Hansen as evidenced by unrebutted Qualified Written Requests, also defeats the enforceability of the instant note.

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13.Reason of failure to comply with Arkansas statutes and case law dictates
Wells Fargo Bank and Countrywide is entitled to rely upon what is valid and filed of record. That means no entitlement to John Lee Hansens Deed of Trust, Note or lawful Statutory Foreclosure. See: Thompson v. United

States, 408 F.2d 1075 (8th Cir. 1969). Corporation held to be lacking in good faith so as to bar its enforcement of security agreement. The Court affirmed the lower courts judgment in entirety, holding that appellants' lack of good faith and impermissible attempts to benefit their interests were in violation of both state and federal law. See also: A.C.A. 23-39-513 (2011) Prohibited activities (1) To misrepresent or conceal any material fact or make any false promise. (3) To fail to account for or to deliver to any person any funds, documents, or other thing of value obtained in connection with a mortgage loan. Based upon what is reasonable to man of ordinary prudence and discretion, the compelling facts lead us to the logical conclusion Wells Fargo Banks assignment of the Deed of Trust and Note on its face is fraudulent and the foreclosure sale should have been set aside for failure to comply with statutory requirements See also Wells Fargo Bank

and Countrywide Loans, Inc. violated Federal law: 18 U.S.C. 1001:


Statements or entries generally. (a) knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a
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material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.

14.What is reasonable to man of ordinary prudence and discretion compels us


to make the logical conclusion, acquired the title in due course means the holder is the true owner of the Note and cannot be presumed to be an owner without proof. Ownership is evidenced by signature, evidence of

consideration, and/or recording of the Mortgage/Deed of trust in the County where the land lies in the State of Arkansas. In the instant foreclosure there is direct evidence of an unrebutted Affidavit (exhibit U) and public record the assignee was out of business making Wells Fargos assignment fraudulent. Furthermore, the lack of signature on the Note and/or lack of proof of consideration prove notice of failure of Good Faith. Furthermore, the suspicious circumstance wherein said assignment was made to Wells Fargo Bank is to a man of ordinary prudence and discretion, fraud. Furthermore, Wilson & Associates knowingly filing a statutory foreclosure in violation of Arkansas Statutes by [its] client evidences the lack of Good Faith. Under Ark. Code Ann. 18-50-102 Parties authorized to foreclose mortgage or deed of trust (b)(1) (b) (1) The beneficiary may appoint a successor trustee. The purported beneficiary Countrywide Home Loans, Inc.
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may not appoint Wilson & Associates as successor trustee (exhibit L recorded 04/22/2010) to sell John Lee Hansens property because under A.C.A. 18-50-103 (2011) Conditions to exercise of power of sale. A beneficiary or mortgagee may not initiate a foreclosure under this chapter unless: (1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated. The deed of trust is not filed for record in Countrywides name with the recorder of the county in which the trust property is situated. Wells Fargo Banks assignment of the Deed of Trust and Note are obviously fraudulent and Wells Fargo, Countrywide and/or Wilson & Associates are entitled to rely upon only that which is valid and filed of record in the county where the property is located in Arkansas.

Since January 1, 2011 Wells Fargo Bank filed over 50

Statutory foreclosures in just one County without being registered to do business in Arkansas. Such blatant disregard for the law can hardly be good faith, accident, or without knowledge. Irregularities in the evidence
of valid assignment of the Deed of Trust irrefutably evidence the absence of valid statute compliance, are highly irregular, and serve as a basis to overturn the Trustee Sale and subsequent Trustee Deed Sale. Stare Decisis:

Henson v. Fleet Mortgage Co., 319 Ark. 491 at 497, 892 S.W.2d 250 at 253 (1995). The Arkansas Supreme Court overruled the lower court,
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stating that the statute must be strictly construed and the requirements of the statute must be satisfied before any sale could take place. Union
Naional Bank v. Nichols, 305 Ark. 274, 807 S.W.2d 36 (Ark. 1991). the sale of the property did not occur in a manner specified by statute and should, therefore, be void.

15.Wells Fargo cannot make valid claim of a serviced debt to or for John Lee
Hansen. A promissory note, payable to order, is negotiable and payable to the legal holder thereof if indorsed and transferred before maturity. There is no endorsement to Wells Fargo or Countrywide on the Note. Furthermore, when asked to identify the real party in interest and produce the Note Wells Fargo stands mute. See: Sprint, 554 U.S. at 289; Warth, 442 U.S. at 499, Oregon v. Legal Servs. Corp., 552 F.3d 965, 971 (9th Cir. 2009). Civil Rule 17(a)(1) starts simply: "An action must be prosecuted in the name of the real party in interest... The modern function of the rule... is simply to protect the defendant against a subsequent action by the party actually entitled to recover, and to insure generally that the Judgment will have its proper effect as res judicata." Neither Wells Fargo Bank, Countrywide Home Loans, Inc., or Wells Fargo Home Mortgage provided and refuses to provide the Genuine Note as proof as a real party in interest or disclose the whereabouts of the Note as a party with standing to foreclose. Sumers v
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Earth Island Inst., 555 U.S. 488 (2009). "The party asserting it has standing bears the burden of proof to establish standing We hold that a party has standing to prosecute a proof of claim involving a negotiable promissory note secured by real property if, under applicable law, it is a person entitled to enforce the note as defined by the Uniform Commercial Code. In simple terms reasonable to man of ordinary prudence and discretion and reason of law; the aforementioned cases determine Wells Fargo Bank was not authorized and may not lawfully initiate a statutory foreclosure for the benefit of Wells Fargo Mortgage or Countrywide Home Loans because the whereabouts of the Note are unknown and incontrovertible evidence demonstrates no valid recording of the Deed of trust, no valid claim or evidence of consideration, indorsement(s) on the Note or the name of a holder of the Note.

16.John Lee Hansen was forced by fraudulent assignment of the Deed of Trust
and Note by Wells Fargo Bank and claim of remittances by imposters and fictitious payee Wells Fargo Home Mortgage. The filing of the instant statutory foreclosure caused John Lee Hansen to sufferer damage of reputation, credit denial, Bankruptcy and the fraudulent forced sale of his Real Property as a result of the false representations, filing of void and/or fraudulent documents of foreclosure by Wells Fargo Bank, Wells Fargo
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Home Mortgage, Countrywide Home Loan, Inc. and/or Wilson & Associates through and by statutory foreclosure of non creditor parties who hold no valid interest in the note.

17.Herein is presented overwhelming evidence of Wells Fargo Bank, Wells Fargo Home Mortgage, Countrywide Home Loan, Inc., and Wilson & Associates Statutory Foreclosure failure of statutory compliance in the instant foreclosure was made by Non Creditors without proof of consideration and Good Faith A.C.A. 18-50-103 (2011) Conditions to
exercise of power of sale.

18.John Lee Hansen moves the Administrators of the foreclosure review to state the instant foreclosure is void for failure to follow Arkansas statutes. John Lee Hansen specifically requests the reviewer of the instant foreclosure state all evidence proves the sale of John Lee Hansens real property is null and void.

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