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Disputed 2012 Assignment from Wells Fargo to HSBC
Executed August 22, 2012

Assignment 2 is a nullity and cannot be relied upon to establish standing.
The second assignment from Wells Fargo, allegedly assigning the same beneficial interest, dated August 22, 2012 is not valid because Wells Fargo had already allegedly assigned all, if any, beneficial interest they had to HSBC Bank on April 10, 2010.

The second assignment also allegedly assigns the Note without the Mortgage. This makes the assignment an illegal document in Montana and renders the assignment a nullity.

Further, this assignment was executed in Minnesota by robo-signer Carla Naughton. Robo-signing violates the Montana Settlement Agreement and is not lawful in Montana. 

Additionally, the document labels the Nickersons’ Mortgage a Deed of Trust five (5) times and transfers interest in the “Deed of Trust”. First, we have never executed a Deed of Trust on this property. Second, A Deed of Trust cannot be executed on an over 200 acre property in Montana, MCA § 71-1-302.

The person executing this document obviously did not verify its’ contents. Errors in this document are intentionally inaccurate and this constitutes fraud.

fraus ominia vitiates – fraud vitiates everything

Both assignments are invalid and fraudulent for additional reasons. Wells Fargo did not have beneficial interest at the time of these assignments. Based on the Plaintiff’s caption on the complaint, HSBC Bank indicates they are the TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-7 trust. If our mortgage is part of a Mortgage Backed Securities Trust, then Wells Fargo Bank, N.A. could not have had any ownership or beneficial interest in our Note and Mortgage at the time they assigned these documents to HSBC Bank. Wells Fargo would have already had to sell, assign, or otherwise transfer all of their interest in our Note and Mortgage to Wells Fargo Asset Securities Corporation (the depositor) for deposit into the trust.

Further, Wells Fargo cannot assign interest of the Note and Mortgage to HSBC after the closing date of the Trust. Doing so introduces new assets into the trust which compromises the REMIC status of the Trust and violates IRS and SEC compliance laws and regulations.

Therefore, not only are both assignments fraudulent because Wells Fargo Bank, N.A., had no legal interest in the Note or Mortgage at the time of those assignments, but HSBC Bank and their accomplice Wells Fargo are violating IRS and SEC laws and regulations regarding the tax exempt status of the trust and an illegal action cannot be used as proof of ownership. Clearly, not only were the two assignments fraudulent because of their timing, but they were fraudulent because of their content and signatures as well. Therefore, neither can be relied upon to prove ownership. This consequently leaves HSBC Bank with a lack of legal standing to enforce the provisions of the contract, and this foreclosure complaint must be dismissed.
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