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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, March 05, 2010 4:03:59 PM
CASE NUMBER: 2007 CV 09571 Docket ID: 14855795
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
U.S. Bank, N.A., as Trustee for the Structured ; Case No. 2007 CV 9571
i
Asset Securities Corporation Mortgage Loan i
Trust, 2006- NC1, Judge Connie S. Price
i
Plaintiff,
NOTICE OF FILING ORIGINAL
-vs-
AFFIDAVIT OF JUSTIN BLUM
i
Wesley A. Quinn, et al., i
i
i
i
Defendants. j
Now comes Plaintiff, U.S. Bank, N.A., as Trustee for the Structured Asset
Securities Corporation Mortgage Loan Trust, 2006- NC1, and hereby gives notice of
filing the original Affidavit of Justin Blum, Default Litigation Specialist for Wells
Fargo Bank, N.A., successor by merger with Wells Fargo Bank Home Mortgage, Inc.
doing business as Americas’s Servicing Company (“ASC”), with original signature
and notary stamp. A true and correct copy of the Affidavit of Justin Blum has been
attached hereto as Exhibit “A” to be filed herein.
Respectfully submitted,
/S/ Deanna C. Stoutenborough
Deanna C. Stoutenborough (# 0069761)
Rick D. DeBlasis, Esq. (# 0012992)
Craig A. Thomas, Esq. (#0037667)
LERNER, SAMPSON & ROTHFUSS
LSR # 200725626
Attorney for Plaintiff
120 E. Fourth St., 8th Floor
Cincinnati, OH 45202
Ph.; (513) 412-6093
Fx.: (513) 362-3592
Deanna.stoutenborough@lsrlaw.com
CERTIFICATE OF SERVICE
1 hereby certify that, on March 5, 2010, 1 electronically filed the foregoing
Notice of Filing Original Affidavit of Justin Blum with the Clerk of the Court using the
electronic filing system and have requested the Clerk to send notification of such
filing, via the ECF system, to the following:
Craig A. Thomas, Esq.
P.O. Box 5480
Cincinnati, OH 45201
Co-counsel for Plaintiff
Randall J. Smith, Esq.
Miami Valley Fair Housing Center, Inc.
21-23 E. Babbitt Street
Dayton, OH 45405
Counsel for Defendanis, Wesley and Marion Quinn
Collette S. Carr, Esq.
301 West Third Street
5th Floor
Dayton, OH 45402
Counsel for Defendant, Monigomery County Treasurer
I hereby further certify that a true and correct copy of the foregoing Notice of
Filing Original Affidavit of Jusitin Blum was sent via ordinary U.S. mail, postage
prepaid, to the following on this 5th day of March, 2010:
Chase Home Finance
3415 Vision Drive
Columbus, OH 43219
/S/ Deanna C. Stoutenborough
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
U.S. Bank, N.A., as Trustee for the Structured Asset i Case No. 2007 CV 9571
i
Securities Corporation Mortgage Loan Trust, 2006- i
NCI, i Judge Connie S. Price
Plaintiff,
-Vs-
AFFIDAVIT OF JUSTIN BLUM
Wesley A. Quinn, et al.,
Defendants.
STATE OF MARYLAND )
)ss:
COUNTY OF FREDERICK )
Comes now the Affiant, JUSTIN BLUM, affiant herein, and being first duly sworn, states
as follows:
1 Affiant is over the age of 21 years. Affiant’s position is Default Litigation
Specialist for Wells Fargo Bank, N.A., successor by merger with Wells Fargo Home Mortgage,
Inc., doing business as America’s Servicing Company (hereinafter referred to as “ASC”), servicer
of the subject loan made to Wesley Quinn and Marion Quinn, defendants herein. ASC is the
Master Servicer under the Pooling and Servicing Agreement for the Structured Asset Securities
Corporation Mortgage Loan Trust, 2006- NC1. Additionally, ASC is the Records Custodian for
EXHIBIT
A LSR # 200725626
Plaintiff, U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corporation Mortgage
Loan Trust, 2006- NC1 (“Plaintiff”) relative to the subject loan to Defendants, Wesley Quinn
and Marion Quinn.
2 In my capacity as Default Litigation Specialist for ASC, as Servicer and Records
Custodian for Plaintiff, I am generally familiar with the books, records and documents
maintained by ASC for residential mortgage loan accounts serviced by ASC, including the
records relating to the subject loan. All these books, records and documents are kept by ASC in
the regular course of its business as owner, holder, and/or servicer and are made at or near the
time by, and from information transmitted by, persons with personal knowledge of the tacts,
such as your Affiant. It is the regular practice of ASC to make and keep these books, records
and documents. The books, records and documents which Affiant has examined are in the
custody, supervision and control of Affiant, and are complete, accurate and correct.
3 I have reviewed the business records pertaining to the account for the loan to
Defendants, Wesley Quinn and Marion Quinn, as described in the preceding paragraphs, and I
am personally familiar with them. Of particular relevance, I have reviewed the Letter Log
created and maintained by ASC as servicer for Plaintiff which reflects each correspondence sent
to the mortgagors, Defendants, Wesley Quinn and Marion Quinn relative their mortgage loan
account. I have also reviewed certain archived copies of said correspondence sent to the
mortgagors, Defendants, Wesley Quinn and Marion Quinn, relative their mortgage loan account,
including the written Notice of Default and Demand to Cure that was sent to the mortgagors at
the property address on April 30, 2007. A true and correct copy of the Letter Log compiled and
maintained by ASC in the ordinary course of its business as mortgage loan servicer is attached
hereto as Exhibit “1”. Additionally, attached hereto as Exhibit “2” is a true and correct copy of
the written Notice of Default and Demand to Cure letter that was sent to the homeowners,
Defendants, Wesley Quinn and Marion Quinn, on April 30, 2007,
4 These records verify and confirm that ASC mailed written Notice of Default and
Demand to Cure, in the form of the letter attached hereto as Exhibit “2”, on April 30, 2007.
FURTHER AFFIANT SAYETH NAUGHT,
Wells Fargo Bank, N.A. successor by merger to Well
Fargo Home Mortgage, Inc., d/b/a America’s Servicing
Company as servicing agent for US Bank National
Association, as Trustee for the Structured Asset Securities
Corporation Mortgage Loan Trust, 2006-NC1
ais Bia
Sworn to and subscribed before by JUSTIN BLUM, who is personally known by me, on
the ¥ day of March, 2010.
A Notary Public
My commission expires Hifie
A a
BEVERLY DECARO.
Notary Public
Frederick County
Maryland
enission es
ASC
AMEMICN'S SERVICING COMrANY
P.O, Box 10328
Des Moines, IA 50306-0328
LOAN NUMBER: 1100190830
DATE LETTER/TASK VER/DEPT REQ DESCRIPTION
01/03/68 LM220 908 KDW CURRENT DLQ3 FINANCIALS
01/03/08 LC178 010 KOW Denial Ltr 1
01/03/08 BEGIN KOW ACTIVE FORECLOSURE
01/03/08 REMOVD KDW DENIED STIP\RPP BROKEN
01/14/08 LM189 023 DYE SMART Not enough info for
rev
01/15/08 BEGIN KPO STARTED LOSS MIT
01/15/08 LM201 o1G KPO Finan W/S BX-LB-LM116
01/15/08 LM026. 001 KPO SMART PreQual\d Loan Modif
02/01/08 LM220 008 ALP CURRENT DLQ3 FINANCIALS
02/01/08 LC178 oll ALP Denial Ltr 1
02/01/08 REMOVD ALP DENIED BY INVESTOR
02/04/08 BEGIN FXB STARTED LOSS MIT
02/04/08 LM201 016 EXB Finan W/S BK-LB-LM116
02/04/08 LMO26 001 FAB SMART PreQual\d Loan Modif +
02/09/08 AROO] 025 CPI ARM NOTICE PI&1R
RO8O208
03/04/08 LCo65 003 NIK FC - MODSF Automation
Letter
03/14/08 REINST GXK REPAYMENT AGREEMENT
04/18/08 LCO65 003 EYQ FC - MODSF Automation
Letter
06/07/08 L€010 005 NIK MOD AMP Application
06/07/08 Le304 007 NIK Default AMP Letter
06/07/08 LO374 ois NIK Mod Cover/Aprvl-Not
Recording
06/07/08 LC376 003 NIK LMPO3-Loan Mod Transmittal
For
06/07/08 LOSS O12 NUK Mod Agrmt-Not Recordg-tiil
in
07/07/08 LCO1O 005 NUK MOD AMP Application
07/07/08 LC304 O07 N7K Default AMP Letter
07/07/08 LC374 01s RIK Mod Cover/Aprv1-Not
Recording
07/07/08 LC376 oo NTK LMPO3-Loan Mod Pransmittal
For
07/07/08 LC375 012 NIK Mod Agrmt-Not Recordg-fill
ain
08/12/08 AROOL 025 CPT ARM NOTICE PTéIR
ROBOs11
09/17/08 xPOo1 O75 K8H Payoff Cover Ltr
09/17/08 XPO92 042 K8H Payoff
09/17/08 XP093 023 K8H Payoff Transmittal
09/17/08 xPOO4 024 KRH PAYOFF PPP DESCRIPTION
09/24/08 LM220 008 2P6 CURRENT DLQ3 FINANCIALS
EXHIBIT
1
09/24/08 L178 015 2P6 Oenial Ltr 1
09/24/08 BEGIN 2P6 ACTIVE FORECLOSURE
09/24/08 REMOVD 2P6 FAILED TO RETURN AGREEMEN
09/25/08 XP061 034 csi Foreclosure Payoff
09/25/08 XP9Sa 024 csi PAYOFF PPP. DESCRIPTION
40/13/08 LB114 o14 GPP SMART Request for W/O
consider
10/13/08 LM206 017 GPP Finan W/S BK LB LMi14
12/17/08 LM103 003 cPL LMWO3
RO81216
LOAN NUMBER: 1100190830
DATE LETTER/TASK VER/DEPT REO DESCRIPTION
04/03/07 DFO34 027 Gv SMART Pymt Pln from DLQ2
04/03/07 LM221. 011 eve SMART Financial Worksheet
05/01/67 VBO30 002 $55 ACCELERATION LETTER
04/30/07
05/01/07 LM189 022 H3W SMART Not enough info for
rev
05/15/07 BEGLN BVH SVARYED LOSS MLY
05/16/07 LM116 030 EVE SMART PreQual\d Loan Modif
05/16/07 LM201 016 FVH Finan W/S BK-LB-LM116
05/16/07 LM114 023 VEV SMART Request for W/O
consider
05/16/07 LM206 O14 VEV finan W/S BK LB LM114
05/17/07 LCid1 013 G28 Request for Additional Info
05/31/07 LM220 008 4cp CURRENT DLQ3 FINANCIALS
05/31/07 LC178 O10 acd Denial Ltr 1
05/31/07 REMOVD 4cD DENIED MTGR UNCOOPERATIVE
96/04/07 DFO11 006 3PP Default Authorization
06/18/07 BEGIN EZA ACTIVE FORECLOSURE
06/25/07 oM183 O22 Qby SMART Not enough info for
rev
06/27/07 RS250 o12 GEM Bear with Us
06/27/07 RS250 O12 GEM Bear with Us
06/28/07 WCZ10 003 ENW FAV Cover Letter
06/28/07 LM183 022 C35 SMART Not enough info for
rev
07/03/07 we210 003 ENW FAV Cover Letter
07/10/07 LM189 022 TET SMART. Not enough info for
rev
07/10/07 LM221 O11 UDG SMART Financial Worksheet
07/10/07 LM1i14 023 UDG SMART Request for W/O
consider
07/12/07 LM183 022 REY SMART Not enough info for
rev
07/17/07 BEGIN IBG STARTED LOSS MIT
07/17/07 LC101 OLS IBG Request for Additional Info
07/25/07 ELOOL O01 ASG EXP LTR
07/23/07
08/01/07 LMB99 012 REW CREDCO DLO3 Financials
08/14/07 LM220 008 40W URRENT DLO3 FINANCIALS
08/14/07 LCL78 ola 4DW Denial Ltr i
08/14/07 REMOVD 4Dw DENIED CNT AFRD MOD/B PY
08/16/07 BEGIN Jvw STARTED LOSS MIT
08/17/07 LC1L64 026 xIC SMART [C Pertial
Reinstatement
08/17/07 LM210 015 xIC Finan W/S LB LC164
08/30/07 REINST 50W REPAYMENT AGREEMENT
09/17/07 REMOVD JML TO COLLECTIONS TO MONITOR
11/06/07 LMOO7 oo7 CPI ASC Active FC No
activRO71105
11/06/07 BEGIN VNE ACTIVE FORECLOSURE
11/15/07 BEGIN SPX STARTED LOSS MIT
11/27/07 LO164 027 CHL SMART FC Partial
Reinstatement
12/05/07 REINST sio REPAYMENT
AGREEMENTinstatement
LOAN NUMBER: 1100190830
DATE LETTER/TASK VER/DEPT REO DESCRIPTION
06/28/06 ASsooo 901 4BC ASC WELCOME LETTER
06/13/06
07/14/06 DFOS3 021 PYL SMART Conf of Prom to Pay
08/01/06 BI030 001 555 BORR INF PACKET-426H
07/31/05
08/01/06 VB030 002 555 ACCELERATION LETTER
07/31/06
06/03/06 LM189 019 S4B SMART Not enough info for
rey
08/03/06 DFO34 024 OTA SMART Pymt Pin Leow DLQZ
08/03/06 LM221 010 QIA SMART Financial Worksheet
08/05/06 DFOOS O17 NOP DFOO6 LTR SENT
08/04/06
08/21/06 DFO34 024 TPO SMART Pymt Pln from DLO2
08/21/06 LM221 010 TPQ SMART Financial Worksheet
09722/06 LM189 019 SPX SMART. Not enough info for
rev
10/02/06 DFO34 024 C6R SMART Pymt Pln from DLOQ2
10/02/05 LM222 010 COR SMART Financial Worksheet
10/14/06 LM189 019 BPK SMART Not enough info for
rev
10/21/06 LM183 019 BOU SMART Not enough info for
rev
12/27/06 DFO34 925 KYL SMART. Pymt Pln from DLQ2
12/27/06 LM221 O10 KYL SMART. Financial worksheet
0006571 105/007
ASCrr aFar
PO Ror 1225
Charlotte, NC 28201-1225
April 30, 2007
900857/106M730
Wesley A. Quinn
7 Oak St.
Tratwood OH 45426
Dear Rorrower(s): RE: Loan Number 1100190830
Our records indicate that your loan is in default. Unless the payments on your laan can he brought
current by Ma our Mortgage Note and pursue the
i delinquency
30, 2007, it will became necessary to accelerate
temedies provided for in your Mortgage or Deed of Trust. The tota against your accaunt as
of today’s date is as fotlaws:
Past Due Payments 3,141.68
Late Charge Balance 106.08
Other Fees 0.00
Suspense Balance -$ 0.
Total Delinguency as of 04/30/07 3,247.76
Payments due in next 30 days 785.42
Total due to eure default and bring loan current 2s of May 30, 2007 $4,033.18
Your failure to pay this delinquency, plus additional payments and fees that may become due, will result in
the acceleration of yaur Mortgage Note. Once acceleration has occurred, a foreclosure action, or any other
remedy permitted under the terms af your Mortgage ar Deed of Trust, may be initiated.
You have the right ta reinstate your Mortgage Note and Mortgage or Deed of Trust after. acceleratian.
However, any future negotiations attempting to reinstate your loan or any payment of less than the full
amount due shall nat constitute America’s Servicing Co.'s waiver of the celeration unless agreed to, in
writing, by America’s Servicing Co. and may be returned. Hf foreclosure is initiated, you will have the right
ta bring a court action to refute the existence of a default or offer any other defense to acceleration you
may deem appropriate. You have the right to bring a court action ta assert the nan-existence af a default
or aay other defense you may have ta acceleration and sale.
To avaid the possibility of acceleration you must pay
$3,247.76 Hy April 30, 2007, 2:00 P.M. Central Time
$4,033.18 By May 30, 2007, 2:00 P.M. Central Time
in CERTIFIED funds, to America’s Servicing Co., PO Box 1820, Newark, NJ 07101-1820. If funds are
not received by the abave stated date, we will proceed to automatically accelerate your loan.
We are required by Federal Law to notify you af the availability of government approved hame ownership
counseling agencies designed td help homeowners avoid losing their home. To obtain a list of approved
counseling agencies for your state please call. 1-800-569-4287. We urge you ta give this matter your
immediate attention.
EXHIBIT
a
i ‘ou would like ta discuss the present condition af yaut toan or if we can be of further assistance, please
call our Loan Service Representatives at 800-662-5014, Mon. - Fri. 8 AM - PM in your lime zone. The
Fair Debt Collection Practices Act requires us to: notify you that in the event your loan is in default,
America’s Servicing Co. will attempt to collect the debt and any information obtained will be used for that
pur pose, However, if you have received a discharge from a Chapter 7 or Chapter 13 hankruptey, and the
loan was not reaffirmed in the Bankruptcy case, America's Servicing Co. will only exercise its rights as
against the property and is not attempting any act to collect the discharged debt from you persanally.
Sincerely,
America’s Servicing Co.
Default Management Department