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HomeMy WebLinkAbout957677RECORDING REQUESTED BY EARL J. CACHO AND SUSAN RAE CACHO AND WHEN RECORDED MAIL TO: Name: AMERICA'S SERVICING COMPANY/ WELLS FARGO Street Address: P.O.. Box 10388 City State: Des Moines, IA 50306 -0388 REVOCATION OF POWER OF ATTORNEY RECEIVED 1/18/2011 at 12:03 PM RECEIVING 957677 BOOK: 760 PAGE: 852 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0008 SPACE ABOVE THIS LINE FOR RECORDER'S USE The Deed which is the subject of this REVOCATION OF DEED was recorded on 02/16/06, as Instrument No.916056, in the Official Records of Lincoln County, Wyoming, showed EARL J. CACHO AND SUSAN RAE CACHO as Trustors, and ALLIANCE TITLE AND ESCROW CORPORATION was the original Trustee, and AMERICA'S SERVICING COMPANY /WELLS FARGO as Beneficiary, under that certain Deed Dated 02/16/06. WHEREAS we, EARL J. CACHO AND SUSAN RAE CACHO, AS TRUSTORS, DECLARES that the POWER OF ATTORNEY which was previously recorded on 02/16/06, as Instrument No. 916056, in the Official Records of Lincoln County, Wyoming, and executed by the undersigned, appointed ALLIANCE TITLE AND ESCROW CORPORATION sucessors or assigns as attorney -in -fact for the purposes and with the powers therein set forth is hereby wholly revoked, cancelled and annulled HENCEFORTH AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER. AND WHEREAS we, EARL J. CACHO AND SUSAN RAE CACHO, AS TRUSTORS, DECLARES that the POWER ATTORNEY, which was previously recorded on 02/16/06, as Instrument No. 916056, in the Official Records of Lincoln County, Wyoming, and executed by the undersigned, appointed AMERICA'S SERVICING COMPANY /WELLS FARGO sucessors or assigns as attorney -in -fact for the purposes and with the powers therein set forth is hereby wholly revoked, cancelled and annulled HENCEFORTH AND SHALL BE OF NO FORCE AND EFFECT WHATSOEVER. REVOKING AMERICA'S SERVICING COMPANY/WELLS FARGO AS TRUSTEE, AND AMERICA'S SERVICING COMPANY/WELLS FARGO AS BENEFICIARY. LEGAL DESCRIPTION: Lot 68B of Alpine Village Subdivision No. 1, Plat 3 Amended Lincoln County, Wyoming. APN: 12-3718-18-4-02-010.00. NOW THEREFORE, This REVOCATION OF POWER OF ATTORNEY is due to good cause, i.e. Fraud, Illegality, Failure To Provide Proof Of Claim, Proof Of Agency, Debt Validation, TILA Request; TRUTH IN LENDING VIOLATIONS 1635(b) AND REGULATION Z (TILA) Yl� 15 U.S.C. 1601, 226.15(d) (2); and REAL ESTATE PRACTICE SETTLEMENT ACT (RESPA) 12 U.S.C. 2601, and Non Disclosure. SEE ATTACHED EXHIBIT A- Notice And Demand For Beneficiary Termination And Successor Beneficiary Appointment; SEE ATTACHED EXHIBIT B- Notice of Removal of Trustee; SEE ATTACHED EXHIBIT C- of Revocation of Power of Attorney Revocation SEE ATTACHED EXHIBIT D- Notary Certificate of Service dated September 24, 2010 Dated: o7 0 -/D TRUSTOR/GRANTOR/REVOK.ING PARTY EARL J. ACH i AND SUSAN RAE CACHO,Principal ATTEST ea State of Wyoming County of i- irtMc, Subscribed and sworn to (or affirmed) before me on t iis 20 day of OPc eol b 'r 2010, by eAR.L J. C1 ct+O 5uSAN RAE. C6CHO proved to me of the basis of satisfactory evidence to be the per ►n(s) who appeared before me. Signature 7 /'S JURAT LESLIE V. JORGENSEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES APRIL 5, 2011 EXHIBIT A EXHIBIT A 003855 NOTICE AND DEMAND FOR BENEFICIARY TERMINATION AND SUCCESSOR BENEFICIARY APPOINTMENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT Re: Original Loan No.: 1205219787 APN: 12- 3718 -18 -4-02- 010.00 Legal Description: 145 ELKHORN DRIVE, ALPINE, WY [83128] Deed of Trust Record: #916056 and Deed of Trust recorded on 02/16/06 Parties: Earl J. Cacho and Susan Rae Cacho (Alleged Borrower(s) hereinafter Borrower(s))- and, AMERICA'S SERVICING COMPANY/WELLS FARGO (Alleged Lender(s)- hereinafter Lender/Debt Collector) Attention: AMERICA'S SERVICING COMPANY/WELLS FARGO In reference to alleged loan 1205219787 with lender, specifically section titled "TRANSFER OF RIGHTS IN THE PROPERTY we state the following: Under the inherent authority granted to Borrower Grantor (s) /Mortgagor(s)/Trustor(s) (hereinafter referred to as Trustor(s)") to appoint Beneficiary(ies), the Trustor(s), EARL J. CACHO AND SUSAN RAE CACHO, under Trustor's appointment, Trustor(s) hereby Declares Trustor(s) is /are now revoking Trustor's appointment of AMERICA'S SERVICING COMPANY /WELLS FARGO its successors and assigns, as Beneficiary(ies) of said loan. WHEREAS, Trustor(s) hereby revokes and rescinds signature(s) on said document appointing AMERICA'S SERVICING COMPANY/WELLS FARGO as beneficiary and/or Trustee AMERICA'S SERVICING COMPANY /WELLS FARGO, its successors and assign are hereby FOREVER TERMINATED) NOW THEREFORE, Under Trustor(s) power of appointment, Tnustor(s) hereby appoints ELKHORN DRIVE TRUST as Successor Beneficiary of alleged loan 1205219787, Deed of Trust on 02/16/06. With or without conveyance of Property, Successor Beneficiary shall succeed to all the title, power and duties conferred upon Beneficiary of alleged loan 1205219787. IN WITNESS WHEREOF, executed on this date of September 24, 2010. See Attached JURAT By Earl J. cho and Susan Rae Cacho, ,856 rustor(s) EXHIBIT B EXHIBIT B C00857 Date: December 1, 2010 From: EARL J. CACHO AND SUSAN RAE CACHO CIO FORWARDING AGENT: 145 Elkhorn Drive Alpine, WY, USA 83128 Tel: 307 -654 -7835 NOTICE OF REMOVAL Notice to Agent is Notice to Principal Notice to Principal is Notice to Agent To: AMERICA'S SERVICING COMPANY/WELLS FARGO ATTN: P.O. Box 10388 Des Moines, IA 50306 -0388 ALLIANCE TITLE ESCROW CORPORATION ATTN: 350 South Washington, Ste. #12 P.O. Box 1561 Afton, WY 83110 Notice of Removal /Actual and Constructive Notice Page 3 of 3 EXHIBIT C EXHIBIT C enCePSS9 Date: December 1, 2010 EARL J. CACHO AND SUSAN RAE CACHO C/O FORWARDING AGENT: 145 Elkhorn Drive, Alpine, WY 83128 non domestic, without prejudice To: AMERICA'S SERVICING COMPANY/WELLS FARGO P.O. Box 10388 Des Moines, IA 50306 -0388 SEE ATTACHED CERTIFICATE OF MAILING Re: Original Loan No.1205219787; APN: 12- 3718- 18 -4 -02- 010.00 Legal Description: 145 Elkhorn Drive., Alpine, WY [83128] Deed of Trust Record: #916056 and Deed of Trust recorded on 02/16/2006 PMI# PRIVATE INVESTOR CSMC PMSR CSMC 2006 -6 Page 1 of 3 00860 NOTICE OF REVOCATION OF POWER OF ATTORNEY and REVOCATION OF SIGNATURE AFFIDAVIT On or about 02/07/2006, EARL J. CACHO AND SUSAN RAE CACHO living souls was/were coerced, deceived and defrauded by acts of non disclosure and enticed to put my /our signature(s) on forms and other documents referred to as DEED OF TRUST /SECURITY/NOTE/PURCHASE AGREEMENT Original Loan No. 1205219787. Due to the act of NON Disclosure, Misrepresentation and for reasons state herein and above makes any agreement VOID. We hereby rescind any and all signature(s) that we may have placed on any and all forms, documents, contracts, Power of Attorney and the like, acted upon on or about 02/07/2006, and forward to present date. 1. THAT, Affiant revokes all signature(s) for good cause, and "Without Recourse to Us" pursuant to UCC -3 -501. 2. THAT, Affiant has, by this Affidavit, formally and timely removed the aforementioned signature(s) for all time and thereby removes any nexus, actual or presumed, that AMERICA'S SERVICING COMPANY /WELLS FARGO may believe it has with Affiant by virtue of said signature(s) and /or contract(s). 3. THAT, Affiant was actually misled and coerced into signing the aforementioned documents, without being provided full disclosures. NOTICE OF REVOCATION OF POWER OF ATTORNEY and REVOCATION OF SIGNATURE SIGNATURE AFFIDAVIT lof 2 EXHIBIT D EXHIBIT D C0i.!)8614. It is hereby certified, that on $'e P7 4 16/ v the undersigned Notary Public mailed to: (SEE ATTACHED SERVICE LIST ATTACHED) hereinafter, "Recipient," the documents and sundry papers pertaining to a certain alleged loan number: #1205219787, Deed Instrument No. 916056 and issued by Earl J.` Cacho and Susan Rae: Cacho unless indicated otherwise and herein identified as follows: (SEE ATTACHED DOCUMENT LIST ATTACHED) by UNI 1 bD PARCEL SERVICE NO. (SEE ATTACHED MAIL NO. LIST ATTACHED) by placing same in a postpaid envelope properly addressed to Recipient at the said address and depositing same at an official depository under the exclusive face and custody of the UNITED PARCEL SERVICE within the State of Wyoming. My commission expires: j9 Y/16 20 NOTARY ACCEPTOR ADDRESS: LESLIE VEST JORGENSEN c/o FORWARDING AGENT 432 Meadows Drive r 0. Box Pa Alpine, Wyoming 83128 NOTARY CERTIFICATE OF SERVICE Z-0 (Seal) DATE I demand any written response signed under penalties of perjury and full commercial liability along with a lawful remedy to the following Notary Public: Page 1 of 3 ct 0 08 62 DOCUMENT LIST 1. Right To Cancel from original loan documents; (Bank failed to provide) 2. Notice to Right To Cancel and Addendum "A"; 3. Escrow Loan Document Request Letter 4. RESPA Qualified Written Request, Complaint, Dispute of Debt Validation of Debt Letter, TILA Request; 5. Notice of Revocation of Power of Attorney and Revocation of Signature Affidavit; 6. Notice of Removal (of Trustee) 7. Interrogatory (Set One); 8. Plaintiffs Request for Admissions; 9. Request for Production of Documents; 10. Affidavit of Illegality Security Deed; 11. Affidavit And Declaration Of Facts In Support Of Mortgage Fraud And Non Disclosure; 12. Stop Foreclosure 1099A Letter (in support of Right To Cancel) 13. MEMORANDUM OF LAW BANK FRAUD 14. NOTICE OF MEMORANDUM OF LAW- Points and Authorities in Support of International Bill of Exchange Page 2 of 3 SERVICE LIST AMERICA'S SERVICING COMPANY/WELLS FARGO ATTN: P.O. Box 10388 Des Moines, IA 50306 -0388 ALLIANCE TITLE ESCROW CORPORATION ATTN: Title Dept. 350 South Washington Suite #7' P.O. Box 1561 Afton, WY 83110 ALLIANCE TITLE ESCROW CORPORATION ATTN: Escrow Dept. 350 South Washington Suite #Y II P.O. Box 1561 Afton, WY 83110 Page 3 of 3 UPS# /Z- 5e o �i� 008 2 UPs# 2 46E6 sro 03 3oal ��3 33G4 UPS /2 '65 670 D 3 30.1 3