IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA, ‘CASE NO. 08-16149-CE20 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-BC1, Plaindft, vs, KETURAH DUBERSTEIN, ET AL., Defendant(s). FalL TTL IDAVIT AND CERTIFICATION OF NONJOINDER OF NECESSARY PARTIES STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME an officer authorized to take oaths this day personally appeared GREGORY D. CLARK, ESQ., affiant who, first being duly swom, deposes and says: Introduc 1. That I am a licensed Florida attomey, Florida Bar Number 334316 in active practice with my home office located in the 6" Judicial Circuit in and for Pinellas County, Florida at 120] S. Highland Avenue, Suite 9, Clearwater, FL 33756, Page 1.2. That | am an authorized attorney agent/member of Attorneys’ Title Insurance Fund, Inc. nik/a Attorneys’ Title Fund Services, LLC (hereinafter “FUND") for the past 22 years, and an authorized title insurance agent of Old Republic National Title Insurance Company (hereinafter “ORN”). 3. That I am an authorized program subscriber to the Attomeys” Title Insurance Data System (hereinafter “ATIDS”) which is the informational databank or “title plant” upon which real estate title searches are based and insurance, through The Fund and underwritten by ORN, is issued. Public Records Examination 4. That 1 conducted a title search, through ATIDS on November 5%, 2009, of Plaintiff's. ‘mortgage instrument, the subject of the above referenced cause of action, which mortgage was originally recorded on July 19%, 2006 in O.R. Book 15251, Page 116, of the Public Records of Pinellas County, Florida. 5. That said mortgage explicitly states in paragraph (C) on page 1 of the instrument (in bold print) that “MERS is the mortgagee under this security agreement”. 6. The grant language which operates as the conveyance of the specific real estate lien interest to the mortgage appears on page 3, line 3 and reads as follows: “Borrower does here mortgage, grant and convey to MERS...”. 7. That the mortgage identifies another party, FMF CAPITAL LLC, a separate entity, as the “Lender” and ovmer of the note but limits or restricts the mortgage conveyance by identifying MERS interest under the mortgage with the additional language: “(Solely as nominee for Lender ‘and Lender's successor and assigns) and to the successors and assigns of MERS....”. Page 28. That since the recording of this mortgage through October 16”, 2009 no assignment or other transfer of this mortgage appears in the official record books of the public records of Pinellas County, Florida, See attached Exhibit A — Assignment Search. 9. That a redundancy search was conducted by means of the Pinellas County Public online access to the grantor/grantee index as a “backup” for said mortgage which tumed up consistent results to the above findings: No. subsequent mortgage assignment of record has been filed through posting date of November 39, 2009, see attached Exhibit B. 10. That a Lis Pendens was filed being the one and the same filed by Plaintiff in connection with the above referenced cause in O.R. Book 16412, Page 2553, Public Records of Pinellas ‘County, Florida. 11. That the filing of a lis pendens requires a title searcher/abstracter to review the contents of the action for which it was filed. Case Record tion 12. That a full review of all documents, pleadings and filings contained within the above referenced cause of action were personally reviewed on November 3%, 2009 for chain of title indicia to the ownership of the res of this action, the note and mortgage. 13. That an unrecorded assigament dated October 30!, 2008 between MERS as assignee and Plaintiff was filed in the case file on 4-8-09. 14, That said assignment bore a material adhesive alteration: A white tape sticker was appended to it with the words: “This assignment of mortgage is effective as of November 7*, 2008” typed upon it. Page 315. That the original promissory note and mortgage described in this action were surrendered to the court by Notice of Filing bearing certificate of service date January 16%, 2009 and that the original note bears no indorsement whatsoever (front or back) upon it or its addendas. 16. That the case file search combined with the public records title search referenced above of the note and mortgage revealed the following open/failed links to ownership of the note and mortgage: A. No connecting or collateral assignment of mortgage from FMF CAPITAL LLC to the named Plaintiff, U.S. Bank National Association as Trustee for The Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2007-BC1. B. No indorsement whatsoever of promissory note, as of November 3°, 2009. The note remains payable to the order of FMF CAPITAL LLC. C. Extrinsic evidence of original note confirms that Plaintiff is neither owner, holder, nor holder in due course of the note per Chapter 673 Florida Statutes. D, Balled joinder in the mortgage: FMF CAPITAL LLC (FMF CAPITAL LLC did ‘not execute nor counter sign the mortgage nor did it sign and record simultaneously therewith a power of aitomey authorizing MERS to execute on its behalf E., Void/ineffective mortgage conveyance to MERS due to separation or decoupling, of note ownership from morgage! F. Void subsequent assignment of mortgage from MERS to Plaintift' * See Vance v. Fields, 172 So2d 613 (1 DCA 1965) and Landmark v. Kesler, (Kansas Sup. Ct Decision No. 98,489, August 2009). Page 4Record General Inquiry Notice 17, That the items revealed by the case file search and public records search and public records search revealed the following inquiry notice open/defect maters: A. No recorded or disclosed Trust, nor its authorizing powers as required under Attorneys’ Title Insurance Fund Title Notes 31.04.01 through 31.04.03 and Title Note 31.06.08. B. Plaintiff's disclosure as a tustee of a specifically identified trust excludes it from Florida Statutes Section 689.07 Grantor/Grantee status protections and “fee simple absolute power to convey” presumptions, Certification of 18. That based on the foregoing findings the undersigned certifies a Failure of Title Conclusion regarding the ownership by Plaintiff of the note and morigage forming the res of this action. Certification of Ownership Reposals and Necessary Parties 19, That the undersigned certifies the present altemative note and mortgage ownership reposals as follows: ‘A. Original fee simple owner, Claudia Duberstein: Original mortgage conveyance from hor to MERS is void and ineffective due to separation of note holder (FMF CAPITAL LLC) from mortgage grantee (MERS). Said Grantor retains title. Page 5B. Possible but un-assigned and inchoate equitable lien rights in favor of note owner, FMF CAPITAL LLC. C. Possible inchoate equitable lien rights in favor of trust beneficiaries due to failed finding of trust corpus. The “Assignment chain” if incomplete or broken would produce a “resulting trust” with res/corpus reverting to trust beneficiaries” D. No reposal in MERS. E. No reposal in Plaintiff. Further affiant sayeth nanght. D CLARK, ESQ 1201 8. Highland Ave, Ste 9 Clearwater, FL 33756 Phone: 727-446-1200 Fla Bar #: 334316 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared GREGORY D. CLARK, ESQ., known to me to be the person(s) described in and who executed the foregoing instrament, who acknowledged before me that he executed the same, and is personally known to me of has produced a driver's license as identification NS Notary Public My commission expires: Tey eS a oy ime Oar tye SE Seevoreao0 WITNESS my hand and official seal in the County and State last aforesaid day of Nov. 2009. ? Per Fund Title Notes 31.04.01-03, 31.06.08 disclosure of trust and funding assignment is required: See F.S. §689.07. Page 6ATID HY7@ ‘+#e% ATTORNEYS! TITLE FUND SERVICES, LLC, **** 11/05/2009 ATTORNEY TITLE INFORMATION DATA SYSTEM 16:21:09 FOR COUNTY OF PINELLAS #4 * # * * * THIS INFORMATION IS NOT CERTIFIED * * * * * * # DATA FOR: GREGORY D. CLARK CUSTOMER NO.: 1436500 FUND BRANCH INFORMATION: CERTIFIED THROUGH 10/16/2009 AT 1100 pM CERTIFIED THROUGH BOOK 16728 PAGE 823, CERTIFIED FROM 07/19/1974 FILE NUMBER: SAT7 DESCRIPTION: SATISFACTIONS OPENED: 11/05/2009 ATID HYT@ ‘#e* ATTORNEYS’ TITLE FUND SERVICES, LLC. **** 11/05/2009 FOR COUNTY OF PINELLAS 16:22 SP- PB BK- 4 PG 78 PILE/ORDER REF: SAT7 SEARCH FROM- 06302006 ‘THRU- 10162009 ID- SATS -Ll-- --D2-- --B3-- 0 --L-- --L2-- --L3-5 === --b2-- --23-- -2 20 PLAT NAME: 'TARPON SPRINGS A/K/A OFFICIAL MAP OF TOWN OF TARPON SPRINGS DATE OF PLAT- 10/09/1917 AUTHORIZED LEVELS- LB / B /L PLAT CERTIFIED - ALL POSTINGS CONFORM TO AUTHORIZED LEGALS. FUND BRANCH CERTIFIED THROUGH 10/16/2009 AT 11:00 PM 05 instruments found for search arguments ATID sexx ATYORNBYS' TITLE FUND SERVICES, LLC. **** PAGE 0001 OF 0005 DOF: 11142008 PR: OR 16428 817 SR: CN 2008 0307409 DOT: 06052006 TOI: SAT DESC: MIN: - - AST PARTY: AMER 1ST PED INC 2ND PARTY: BETHANY TEMPLE CHURCH GOD TARPON SPRINGS INC AMOUNT: NAME: TYPE: REFERENCE: OR 11827/2296 14905/1029 LEGAL: NONE COMMENTS + st pg-SRARCHD 7 20f PB as 78 06/30/2006-10/16/2009 ATID ses* ATTORNEYS' TITLE FUND SBRVICES, LLC. +#*+ PAGE 0002 OF 0005 DOF: 11142008 PR: OR 16428 816 SR: CN 2008 0307408 DOT: 06052006 EXHIBIT FF (CPaae. \ of 2)TOI: SM DESC: MIN: AST PARTY: AMER 1ST FED INC 2ND PARTY: BETHANY TEMPLE CHURCH GOD TARPON SPRINGS INC AMOUNT: NAME: ‘TYPE: REFERENCE: OR 11827/2263 14905/1029 NONE) COMMENTS + SEARCHD / — 20/ PB a/ 78 06/30/2006-10/16/2009 ATID ‘+*4+ ATTORNEYS! TITLE FUND SERVICES, LLC. **** PAGE 0003 OF 0005 DOF: 08092006 PR: OR 15295 Sal SR: CN 2006 0297632 DOT: 07312006 TOI: SM DESC: MIN: - : AST PARTY: CITIMORTGAGE INC SUCC CITIFINANCIAL MIG CO INC SUCC ASSOC HOME B QUITY SvC R/K/A FORD CONSUMER FIN CO INC 2ND PARTY: CLAUDIA W DUBERSTEIN SNGL JOHN NETTLES AMOUNT: NAME: TYPE REFERENCE: OR 9693/1151. LEGAL: NONE COMMENT: 7 20/ PB ay 78 06/30/2006-10/16/2009 ATID #ex* ATTORNEYS! TITLE FUND SERVICES, LLC. **** PAGE 0004 OF 0005 DOF: 98082006 PR: OR 15290 ‘2324 SR: CN 2006 0294272 DOT: 08042006 TOI: SM DESC: MIN: 7 - 1ST PARTY: PINLLAS CTY FL 2ND PARTY: CLAUDIA w DUBERSTEIN SNCL AMOUNT: ‘NAME: TYPE: REPERENCE: OR 10952/181 LEGAL: POR BLK 20 TOWN TARPON SPRINGS PB G/g00 BEG PT 140' S$ NW COR SATD BL K 20, N ALG E BDY LINE DISSTON AVE 50‘ TO PT, E 140', § 50', W 140' TO BEG & 5 5 0° N'190' W140! IN SEC 7-27-16 comments + SEARCHD 7 20/ PB al 78 06/30/2006-10/16/2009 ATID ‘#+* ATTORNEYS! TITLE FUND SERVICES, LLC. **** PAGE 0005 OF 0005 DOF: 08082006 PR: OR 15290 2383 SR: CN 2006 0294271 DOT: 08042006 TOI: SM DESC: MIN: - yi 1ST PARTY: PINELLAS CTY FL 2ND PARTY: CLAUDIA W DUBERSTEIN SNGL FYHIAIT B [face Q of 3)AMOUNT: NAME: TYPE: REFERENCE: OR 10952/173 LEGAL: POR BLK 20 TOWN TARPON SPRINGS PB G/800 BEG PT 140‘ S NW COR SAID BL K 20, N ALG E BDY LINE DISSTON AVE 50' TO PT, EB 140', S50', W140' TO BEG & S 5 0’ N 190" W 140" IN SEC 7-27-16 COMMENTS + Lst pg-SEARCHD f 20f PB 47 78 06/30/2006-10/16/2008 ATID ATTORNEY TITLE INFORMATION DISPLAY SYSTEM rR eEA AEE REAR ASEH EEE SEARCH COMPLETE ¢t+4e teed aeusnennanaaanuenane Fyuinit & (Paae% of 3)Dab TbalNAMIANaTaN Generet || Cour {official Records [Property|] Other Records [[eBusiness KEN BURKE ‘CLERK OF THE GROUT COURT Pinellas County, Florida Official Records Results "BH Cfcii Recon! socument mages from Jonuary 1, 1980 are naw avebatte at standord transection ates, ‘Gick ne icon peow to vew ie Ast page ofthe document Js your social sacuriy number ar bank, debi or ret card umbrson any of our regards? ‘Told cafew ts remove premeledlenaton om Coot on las woes Sec MERE How to Dispute Credit Report Errors Records Requested|Search Criteria rom__ [To Name finst]Book/Pagelinst #Desc Text Searched joeisor2005 [11/06I2008 [FMF CAPITAL LLC I L [Records in System: |Request Processed: [Oldest Date; 1/6/1987 Released Date: 11/3/2009 __ Thu Nov 05 15:00:00 EST 2009 Displayed below, Page 1 with 13 Record: 1 thra 19 of 13 owiehe FMF CAPITAL LLG to FMF CAPITAL LLG Emre indicates a document in progress. 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