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ANSWER
STATE OF GEORGIA
MAGISTRATE COURT OF FULTON COUNTY

FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
YU HUI JIAN and TOM CHAN TRUST et.al,
Defendant

______________________________________________

YU HUI JIAN and TOM CHAN TRUST et.al,

Counter-Plaintiff
vs.

FEDERAL HOME LOAN MORTGAGE
ASSOCIATION,


Counter-Defendant

CASE NO: ED015109


ANSWER AFFIRMATIVE DEFENSES AND
COUNTERCLAIM


DEFENDANTS ANSWER TO COMPLAINT AS WELL AS ASSERTING
AFFIRMATIVE DEFENSES AND CONTERCLAIM

COMES NOW Defendant TOM CHAN TRUST who answers the Complaint through its Trustee
(Amaziah Yahalom) as well as asserting his Answer, Affirmative Defenses and Counter Claim.
The hereinafter Defendant/Counter-Plaintiff alleges as follows:

1. The Defendant/Counter Plaintiff denies allegations 1-5 in the Plaintiffs Complaint.


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ANSWER
AFFIRMATIVE DEFENSES

2.The issues at hand are not Land Lord Tenant issues since the Defendant is not a tenant under
O.C.G.A. 44-7-1(a) and (3) but the owner of record(See Exhibit A) and is therefore not subject to
the jurisdiction of this court Defendant/Counter-Plaintiff denies the fact that he was granted
anything from the Federal Home Loan Mortgage Corporation hereinafter Plaintiff/Counter-
Defendant making him a tenant and he has never signed any contract or agreement with the
Plaintiff/Counter-Defendant nor are they the holder of any instrument that would give them
rights to his property.
3. Furthermore showing that the Plaintiff/Counter-Defendant has no interest in the property; the
supposed Foreclosure Deed is not in the name of Federal Home Loan Mortgage Corporation but
is in the name of SunTrust Mortgage, Inc. (See Exhibit B)

Note: 44-7-1. Creation of landlord and tenant relationship; rights outlet tenant; construction of
lease for less than five years.

(a) The relationship of landlord and tenant is created when the owner of real estate grants
to another person, who accepts such grant, the right simply to possess and enjoy the
use of such real estate either for a fixed time or at the will of the grantor. In such a
case, no estate passes out of the landlord and the tenant has only a usufruct which may
not be conveyed except by the landlords consent and which is not subject to levy and
sale. [Emphasis Mine]



4.The Plaintiff/Counter-Defendant has lost any and all rights to the property through Default and
Dishonor by Notary Presentment. (See Exhibit C)

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ANSWER
From the Official Georgia Annotated Code:

44-2-15. Officers authorized to attest registrable instruments


Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge
of a court of record, including a judge of a municipal court, or by a magistrate, a notary
public, or a clerk or deputy clerk of a superior court or of a city court created by special
Act of the General Assembly. With the exception of notaries public and judges of courts
of record, such officers may attest such instruments only in the county in which they
respectively hold their offices.

44-2-16. Effect of acknowledgment subsequent to execution
If subsequent to its execution a recordable instrument is acknowledged in the
presence of any of the officers referred to in Code Section 44-2-15, that fact,
certified on the deed by such officer, shall entitle it to be recorded.

45-17-9 Where notarial acts may be exercised
Notarial acts may be exercised in any county in the state.

Also see 11-3-501. Presentment

(a) "Presentment" means a demand made by or on behalf of a person entitled to
enforce an instrument to (i) pay the instrument made to the drawee or a party
obliged to pay the instrument or, in the case of a note or accepted draft payable at
a bank, to the bank; or (ii) accept a draft made to the drawee.

(b) The following rules are subject to Article 4 of this title, agreement of the
parties, and clearing-house rules and the like:

(1) Presentment may be made at the place of payment of the instrument and must
be made at the place of payment if the instrument is payable at a bank in the
United States. Presentment may be made by any commercially reasonable means,
including an oral, written, or electronic communication. Presentment is effective
when the demand for payment or acceptance is received by the person to whom
presentment is made and is effective if made to any one of two or more makers,
acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making
presentment must:
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ANSWER
(i) Exhibit the instrument;
(ii) Give reasonable identification and, if presentment is made on behalf of
another person, reasonable evidence of authority to do so; and
(iii) Sign a receipt on the instrument for any payment made or surrender the
instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made
may:
(i) Return the instrument for lack of a necessary indorsement; or
(ii) Refuse payment or acceptance for failure of the presentment to comply with
the terms of the instrument, an agreement of the parties, or other applicable law or
rule.
(4) The party to whom presentment is made may treat presentment as occurring
on the next business day after the day of presentment if the party to whom
presentment is made has established a cut-off hour not earlier than 2:00 P.M. for
the receipt and processing of instruments presented for payment or acceptance
and presentment is made after the cut-off hour.


COUTERCLAIM
5. On October 13, 2006, Yui Hui Jian was swindled into a mortgage contract with AmTrust
Mortgage Corporation this loan was later then transferred to SunTrust Mortgage Inc., this
property was untimely transferred to Tom Chan Trust by Warrantee Deed where during this time
the defendant asserted his rights through his Trustee in regards to this contract giving all parties
public notice of fraud and deceit where the parties decided to continue on with their antics to
subvert the Defendant of his property where the Defendant/Counter-Plaintiff had no choice but
to use commercial strategies to secure his interest from the tactics of AmTrust Mortgage
Corporations agents and assigns.




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ANSWER
FIRST CAUSE OF ACTION
6. The transaction in whole constitutes the failure to file currency transaction reports of the
promissory note as required under 31 U.S.C. 5311-5322 also known as the Bank Secrecy Act and
the Patriot Act sections 314 and 365. There has not been any transaction reports filed within the
purported transaction since its inception even when the amount exceeds $10,000.00 the
Plaintiff/Counter-Defendant are blatantly refusing to show the source of funds that were used
within the transaction by a way of avoiding taxation and showing the true source of funds.

SECOND CAUSE OF ACTION
7. The Plaintiff/Counter-Defendant has worked diligently to conspire against right of home
ownership which is secured to him by the United States Constitution with malicious acts to illegally subvert
the Defendant/Counter Plaintiff from his property in violation of 18 U.S.C 281.

THIRD CAUSE OF ACTION

8. The Plaintiff/Counter-Defendant through unknown agents have continue to make act of
Terrorism against the Defendant/Counter-Plaintiff in the middle of the night banging and kicking
on his door, changing the locks and boarding up the property while he is still living in the
property. They are also continuing to threaten to harm him if he does not leave his property and
land, which is in violation of 18 U.S.C. 875.



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ANSWER
WHEREFORE, Defendant/Counter-Plaintiff Tom Chan Trust Trustee-Yahalom prays for relief
as follows:
1. That the parties be enjoined from coming onto his property and sending any further
notices to his residence and;
2. That it be established he is the owner of the property and;
3. Allow further court-approved discovery and;
4. A civil penalty for every U.S.C. violation and;
5. Any and all claims for recoupment be granted.
6. And for any other relief that the court deems just and equitable.


Verified Statement:
I CERTIFY AND SOLEMNLY SWEAR THAT THE TESTIMONY WHICH I GIVE WILL BE,
TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, CORRECT, COMPLETE, AND
NOT MISLEADING, THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH.

August 30
th
2014

(Amaziah Yahalom) Trustee- Tom Chan Trust


________________________________________
Notary Signature



Notary Seal




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ANSWER

CERTIFICATE OF SERVICE


I, Amaziah Yahalom (Trustee), certify that on August 30
th
2014, I mailed a true and correct copy
of the above forgoing Answer, Affirmative Defense and Counter Claim to:

Federal Home Loan Mortgage Corporation
c/o
McCalla Raymer, LLC
1544 Old Alabama, RD
Roswell, GA 30076