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  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
  • U S BANK NATIONAL ASSOCIATION vs WESLEY A QUINN MORTGAGE FORECLOSURE document preview
						
                                

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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