Request made By:` ALBERT MILLER Tel: (209) 658-1302

DARLENE MILLER Fax; (209) 658-1302

2165 XAIVER AVENUE

TURLOCK, CA 95382

STOP – CEASE AND DESIST

DEMAND FOR MONEY PURSUANT THE FAIR DEBT COLLECTIONS

PRACTICES ACT §809(B) – VALIDATING DEBT(S)

May 15, 2011

TO: ANY AND ALL CREDITORS KNOWN, THEIR ASSESSORS AND SUCCESSORS

WHO CLAIM AN INTEREST IN THE HEREIN MENTIONED PROPERTY.

TO: Corporate Office:

BANK OF AMERICA fka

BAC Home Loan Service, LP fka

Countrywide Home Loan Service

BANK OF AMERICA fka

101 S. TRYTON STREET

CHAROLETTE, NORTH CAROLINA 28255

Subsidiary solely owned by Bank of America

BAC Home Loan Service LP fka

Countrywide Home Loan Service

450 American St. #SV416

Simi Valley, CA 93085

(ACQUIRED BY CORPORATE MERGER ON OR ABOUT 2008, Bank of America

purchased the failing Countrywide Financial for Est. $4.1 billion and assigned BAC

Home Loan Service LP, as said servicing Corporation)

Subsidiary, Agent, Employee of Bank of America RECONTRUST COMPANY NA. Agent for : Bank of America

2380 PERFORMANCE DR. TX2/985/07/03 Agent for BAC Home Loan

Richardson, TX 75082 (2ND

Appointed Trustee)

Phone/Sale Information (800)281-8219 NO REGISTERED AGENT

Company (subsidiary) solely owned and controlled by Bank of America.

(RECONTRUST COMPANY N.A., is a Debt Collector, agent, employee, [self]

appointed Trustee, assigned and/or successor attempting to collect a Debt. Any

information obtained will be used for that purpose.)

CT CORPORATION SYSTEM

Registered Agent for Service

818 E. SEVENTH STREET

LOS ANGELES, CA 90017

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New Owner / Straw Purchaser

FEDERAL NATIONAL MORTGAGE ASSOCIATION

C/O The Wolf Firm, a Law Corporation

2955 Main Street, Second Floor,

Irvine, CA. 92614

Tel: (949) 720-9200 / Fax; (949) 608-0131

Notice is further given to the following interested

parties, successors and/or assigns:

EXPERIAN

PO BOX 9701

ALLEN, TX 75013

EQUIFAX

PO BOX 740256

ATLANTA, GA 30374

TRANS UNION

PO BOX 1000

CHESTER, PA 19022

COUNTRYWIDE HOME LOANS

PO BOX 5170

SIMI VALLEY, CA 93062-

Re: Bank of America and "BAC Home Loans Servicing, LP, their subsidiary

Solely owned by Bank of America and delegated properties of Countrywide after

merger.

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS INC. ( MERS ) MERS-organized and existing under the laws of Delaware,

P. O. Box 2026

Flint, Ml 48501-2026,

Tel. (888) 679-MERS.

(the Beneficiary, Mortgage Electronic Registration Systems, Inc. (MERS), (solely as

nominee for Lender, as hereinafter defined, and Lender s successors and assigns.) MERS is

organized and existing under the laws of Delaware)

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BANK OF NEW YORK MELLON BANK OF NEW YORK MELLON fka

BNY Mellon - Mortgage Department BNY MELLON-Corporate Headquarters

48 WALL STREET One Wall Street

New York, NY New York, NY 10286

(800) 677-9000 (212) 495-1784

(BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT,

INC. , ALTERNATIVE LOAN TRUST 2006-OC8, MORTGAGE PASS-THROUGH

CERTIFICATES, SERIES 2006-OC8 BY BAC HOME LOANS SERVICING, LP, FKA

COUNTRYWIDE HOME LOANS SERVICING LP, BAC GP, LLC. IT’S GENERAL

PARTNERS, AS ATTORNEY IN FACT)

RE: March 28, 2011, Illegal Foreclosure Sale, Loan #: 13781xxxx,

Initial Debt Collection Dispute Letter

This letter is being sent to you in OPPOSITION, OBJECTION AND/OR RESPONSE to said

NOTICE (CCP SECTION 1161a(b)(3); CCP SECTION 1162) received on or about May 13,

2011, by New Owner and/or Straw Purchaser,

FEDERAL NATIONAL MORTGAGE ASSOCIATION

C/O The Wolf Firm, A Law Corporation

2955 Main Street, Second Floor,

Irvine, CA. 92614

Tel: (949) 720-9200 / Fax; (949) 608-0131

Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt

Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim (foreclosure sale is

being ) disputed and validation is requested. Furthermore, that it should be noted that the

Foreclosure Sale that was executed on March 28, 2011 is illegal and lacked compliance with

foreclosure regulations, you failed to give the 21 twenty-one day count down after your

refusal /denial of said loan modification application. That your document contains the

“ROBO SIGNERS” and other inconsistencies that are not allowed by law.

I am writing in response to your aggressive actions and said Foreclosure on March 28, 2011,

WITHOUT LEGAL RIGHT. . I do not believe YOU have a legal right to foreclose, nor do

you own the real property at issue, nor that I owe you and/or have that you do not possess the

original promissory note or possess any rights of entitlement to foreclose.

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That you have foreclosed with outdated documents. You must stay any further action

up to and until you have complied with the provisions set forth pursuant to and in

accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating

Debts, this demand to cease and decease is made.

(b) If the consumer notifies the debt collector in writing within the thirty-day period

described in subsection (a) that the debt, or any portion thereof, is disputed, or that the

consumer requests the name and address of the original creditor, the debt collector shall

cease collection of the debt, or any disputed portion thereof, until the debt collector obtains

verification of the debt or any copy of a judgment, or the name and address of the original

creditor, and a copy of such verification or judgment, or name and address of the original

creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

(1) the true amount of the debt; *

(2) the name of the creditor to whom the debt is owed; *

(3) Provide a verification or copy of any judgment (if applicable); *

(4) Proof that you are licensed to collect debts in (insert name of your state) *

(5) opportunity to inspect the original signed note

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act

and the Fair Credit Reporting Act. For instance, I know that:

because I have disputed this debt in writing within 30 days (the specified time prior to said

illegal foreclosure sale) and of receipt of your dunning notice, you must obtain verification

of the debt or a copy of the judgment against me and mail these items to me at your

expense;* you cannot add interest or fees except those allowed by the original contract

or state law.* you do not have to respond to this dispute but if you do, any attempt to

page -5

collect this debt without validating it, violates the FDCPA;

Also be advised that I am keeping very accurate records of all correspondence from you and

your company including recording all phone calls and I will not hesitate to report violations

of the law to my State Attorney General, the Federal Trade Commission and the Better

Business Bureau.

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I have disputed this debt; [in a timely manner] therefore, until validated you know your

information concerning this debt is inaccurate. Thus, if you have already reported this debt to

any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately

inform them of my dispute with this debt. Reporting information that you know to be

inaccurate or failing to report information correctly violates the Fair Credit Reporting Act

1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge

and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this

dispute letter to the original creditor so they are also aware of my dispute with this debt.

YOU MUST CEASE AND DECEASE YOUR ILLEGAL FORECLOSURE AND

EVICTION ACTIONS.

I respectfully request that you provide me with the following information:

- Show me what do I owe this money for; and what purchases did I make or what Services

did I receive?

- Show me the details and calculations of how you calculated that amount owed on said real

property?.

- Provide me with letters or proof of what grounds you denied my loan modification

application ? .

- Provide me with verification or judgment of any debts owed.

- Identify to me the Original Mortgagor transferred of said debt

- Show me that you are authorized to collect this debt on behalf of the Original Creditor.

- Give me a complete transaction and payment history from the Original Creditor.

- Show me any fees and interest charges that have been added on to this debt. **

- Show me how you determined and arrived at these fees. **

- Provide an opportunity for me to review the un-altered original Promissory Note.

-Give me a true copy of the un-altered original signed Promissory note application made with

the Original Mortgage Company/Corporation at the time of purchase.

SPECIFIC REQUEST:

1. “ORIGINAL UN-ALTERED PROMISSORY NOTE” signed by Purchaser at the

close of escrow and all documents which in any way relate to any claims and

defenses, which you may assert in this litigation.

Produce:

2. Mortgage or Deed of Trust

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3. Good Faith Estimate (very important)

4. Settlement Statement (very important

5. Right to Cancel/Right to Rescission (very important)

Disclosures:

6. HUD 1 Statement

7. TILA Disclosures (very important)

8. RESPA Servicing Disclosures

9. Any and all disclosures DOCUMENTS

10. A copy of the current billing statement.

11. A copy of any notifications from the lender or other party of a change in where the borrower is to send the payments. This may be because the lender sold the note (a new assignee), or sold the rights to collecting the payments (a new servicer).

12. A copy of any default notices, acceleration papers, or foreclosure paperwork.

13. A copy of any and all court paperwork if the property is in foreclosure or there is any court process ongoing that involves this property. If you do not have this paperwork, it must be obtained from the court files.

14. Certificate of Assignment (recorded) and/or any other document that supports transfer, assignment, and succession to said real property that is the subject of said court action, listing all parties that have or has an interest.

15. That you disclose the claim holder in due course of the monetary instrument/deed of trust/asset is holding such note in compliance with statues, State and Federal laws entitled to the benefits of payments;

16. All contracts, statements or account invoices and other documents related to or described in any relationships between any of the parties hereto.

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17. All documents, which you have identified in your Responses and Answers to these Request for Production of Documents, and all documents, which you have in, any manner whatsoever relied upon in answering any part of these Request for Production of Documents.

18. All contracts and/or agreements entered into between you and any other parties regarding the subject matter of this litigation.

19. All other documents that have not been requested in the foregoing requests, but that are in your possession, which in any way relate to the subject matter of this litigation.

20. Submit any and all Orders of any other Court that has 'ORDERED' original documents, (related cases).

21. Any and all “Pooling Agreement(s)” or “servicing agreements” between the nominal lender at the loan closing or documents pertaining thereto and any government sponsored entity, hereinafter GSE or any other party;

22. Any and all “Deposit Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto or and GSE or any other party;

23. Any and all “Servicing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and GSE or any other party;

24. Any and all “Custodial Agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and GSE or any other party;

25. Any and all “Master Purchasing Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party;

Page -8

26. Any and all “Issuer Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim and interest in the loan closing or documents pertaining thereto and GSE OR any other party;

27. Any and all “Release Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

28. Any and all Trustee Agreement(s) between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party;

29. All assignments, transfers, allege or other documents evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instruments or other document that secures payment also include any assignments to MERS;

30. The front and back copy of each and every canceled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payments;

31. Submit any all “NOTICES” executed to individuals believed to have possession of subject real property related to your foreclosures process.

32. Submit any and all “NOTICES” executed to individuals believed to have possession of subject real property related to your eviction process.

33. Please provide any and all documents that indicate that the real property has been Paid in full due to pooling, bundling, transfer, exchange, and or securities agreement.

34. Submit any and all documents in your possession that supports that the pooling of the real properties note with other notes that created a security instrument?

Page 9

At this time I will also inform you that if your offices have reported invalidated information

to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might

constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is

found on any of my credit reports by your company or the company that you represent I will

not hesitate in bringing legal action against you for the following:

- Fair Credit Reporting Act

- Fair Debt Collection Practices Act

- Defamation of Character

If your offices are able to provide me with all the proper documentation as requested in the

following Declaration, I will require at least 30 days to investigate this information and

during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered

detrimental to any of my credit reports and/or me personally, I will consult with my legal

counsel and move forward with civil litigation. This includes any listing any information to a

credit reporting repository that could be inaccurate or invalidated or verifying an account as

accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your

receipt, all references to this account must be deleted and completely removed from my

credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to

my home or to my place of employment. If your offices attempt telephone communication

with me, including but not limited to computer generated calls and calls or correspondence

sent to or with any third parties, it will be considered harassment and I will have no choice

but to proceed and file suit. All future communications with me MUST be done in writing

and sent to the address noted in this letter by USPS / United States Post Office Certified Mail

.

It would be advisable that you assure that your records are in order before I am forced to take

legal action. This is an attempt to correct your records; and void the illegal foreclosure Sale

March 28, 2011 and illegal eviction and lock out on the herein-mentioned real property. any

information obtained shall be used for that purpose.

///

///

///

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Should this matter go to court the defendants shall be responsible for any and all

court fees, incurred?

.

Signed this ___ day of the May, 2011

_____________________________________

ALBERT MILLER DARLENE MILLER

NOTARY JUDAT ATTACHED AND INCORPORATED BY REFERENCE

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MEMORANDUM OF POINTS AND AUTHORITIES

FDCPA Section 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a

consumer in connection with the collection of any debt, a

debt collector shall, unless the following information is

contained in the initial communication or the consumer has

paid the debt, send the consumer a written notice

containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days

after receipt of the notice, disputes the validity of the

debt, or any portion thereof, the debt will be assumed to be

valid by the debt collector;

(4) a statement that if the consumer notifies the debt

collector in writing within the thirty-day period that the

debt, or any portion thereof, is disputed, the debt col-

lector will obtain verification of the debt or a copy of a

judgment against the consumer and a copy of such verification

or judgment will be mailed to the consumer by the debt

collector; and

(5) a statement that, upon the consumer’s written request

within the thirty-day period, the debt collector will provide

the consumer with the name and address of the original

creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing

within the thirty-day period described in subsection (a) that

the debt, or any portion thereof, is disputed, or that the

consumer requests the name and address of the original

creditor, the debt collector shall cease collection of the

debt, or any disputed portion thereof, until the debt

collector obtains verification of the debt or any copy of a

judgment, or the name and address of the original creditor,

and a copy of such verification or judgment, or name and

address of the original creditor, is mailed to the consumer by

the debt collector.

§ 807. False or misleading representations

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A debt collector may not use any false, deceptive, or mis-

leading representation or means in connection with the

collection of any debt. Without limiting the general

application of the foregoing, the following conduct is a

violation of this section:

(5) The threat to take any action that cannot legally be

taken or that is not intended to be taken.

(6) The false representation or implication that a sale,

referral, or other transfer of any interest in a debt shall

cause the consumer to—

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

§ 808. Unfair practices

A debt collector may not use unfair or unconscionable means to

collect or attempt to collect any debt. Without limit- ing the

general application of the foregoing, the following conduct is

a violation of this section:

(6) Taking or threatening to take any non-judicial action to

effect dispossession or disablement of property if—

(A) there is no present right to possession of the property

claimed as collateral through an enforceable security

interest;

§ 811. Legal actions by debt collectors

(a) Any debt collector who brings any legal action on a debt

against any consumer shall—

(1) in the case of an action to enforce an interest in real

property securing the consumer’s obligation, bring such action

only in a judicial district or similar legal entity in which

such real property is located; or

(2) in the case of an action not described in paragraph (1),

bring such action only in the judicial district or similar

legal entity—

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commence- ment of

the action.

(b) Nothing in this title shall be construed to authorize the

bringing of legal actions by debt collectors.

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DEED OF TRUST FOLLOWS NOTE

The concept that a deed of trust follows the Note is long

standing law. The United States Supreme Court first

articulated this principle in 1872 in Carpenter v. Longan, 83

U.S. 271,274 (1872): “The note and mortgage are inseparable;

the former as essential, the latter as an incident. An

assignment of the note carries the mortgage with it, while an

assignment of the latter alone is a nullity.”

The Colorado Supreme Court upholds this principle. “The transfer or

assignment of a promissory note carries with it, as an incident, the deed of

trust or mortgage upon real estate or chattels that secure its payment.”

Columbus Investments v. Lewis, 48 P.3d 1222 (Colo. 2002). Stetler v.

Winegar, 226 P. 858, 859 (1924). The concept is codified in C.R.S. § 4-9-

203(g).

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MASTER MAILING LIST

BANK OF AMERICA HOME LOANS

450 AMERICAN STREET

SIMI VALLEY, CA 93065

CT CORPORATION SYSTEM

Registered Agent for Service

818 W. SEVENTH ST

LOS ANGELES, CA 90017

BAC HOME LOAN SERVICING LP

fka COUNTRYWIDE HOME LOAN

SERVICING LP

101 S. TRYTON STREET

CHAROLETTE, NORTH CAROLINA 28255 ,

COUNTRYWIDE HOME LOANS

PO BOX 5170

SIMI VALLEY, CA 93062-

RECONTRUST COMPANY NA. Agent for : Bank of America

2380 PERFORMANCE DR. TX2/985/07/03 Agent for BAC Home Loan

Richardson, TX 75082 (2ND

Appointed Trustee)

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS INC. ( MERS ) MERS-organized and existing under the laws of Delaware,

P. O. Box 2026

Flint, Ml 48501-2026,

BANK OF NEW YORK MELLON BANK OF NEW YORK MELLON fka

BNY Mellon - Mortgage Department BNY MELLON-Corporate Headquarters

48 WALL STREET One Wall Street

New York, NY 10286 New York, NY 10286

(800) 677-9000 (212) 495-1784

EXPERIAN

PO BOX 9701

ALLEN, TX 75013

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EQUIFAX

PO BOX 740256

ATLANTA, GA 30374

TRANS UNION

PO BOX 1000

CHESTER, PA 19022