Edited Complain Tag Asset Trust

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SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA

, an individual;7 8 9 10 11

COMPLAINT FOR RECONVEYENCE OF PROPERTY RELEASE OF LIEN, DAMAGES

PLAINTIFF

AND OTHER RELIEF

Vs.

HSBC Bank USA. National Association as12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007AR6DEFENDANTS.

Comes now the Plaintiff, Hilary Spencer Gavenda, herein after Plaintiff, and files this COMPLAINT FOR RECONVEYENCE OF PROPERTY, RELEASE OF LIEN, DAMAGES AND OTHER RELIEF, against , Defendant, HSBC Bank USA. National Association as Trustee

for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 as follows, to wit:1. NOTICE TO THE COURT: Use of all codes, laws and/or rules of procedure cited herein that may not be or represent law duly passed by the legislature of California, the state of the constitutional republic, United States of America; that government directly created through the sovereign electors on California ; and/or that may not be or represent law enacted by that 1 COMPLAINT FOR RECONVEYENCE OF PROPERTY RELEASE OF LIEN, DAMAGES AND OTHER RELIEF

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legislature acting in its jurisdiction over California , the state of the republic and in its jurisdiction over its state citizens domiciled on the land thereon, is only used here to notice the

Defendant(s) of that which is applicable to them and is not intended to be construed by this Court as an act of the Plaintiff granting jurisdiction of such law over him/them , nor to be understood by the Court to mean that Plaintiff, the living soul, confers, submits to, or has knowingly and intentionally entered into any such other jurisdiction alluded to thereby. As grounds for relief requested, Plaintiffs would show unto the Court the following:

2. Whereas, Defendant, HSBC Bank USA. National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6., has

assumed all rights and responsibilities for the actions and representations of the original lender inthe contract as if being the alleged original lender themselves in its purchase of the loan contract, it is referred to herein, along with WELLS FARGO BANK, NA. , the original lender for whose actions, , HSBC Bank USA. National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6, is responsible to the Plaintiff, both as the bank, and where not specifically differentiated, references to actions and representations of the original lender in the making and closing of that loan, by, , HSBC Bank USA. National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6s liability assumed for said actions as present holder of this loan, such references are hereby understood to include, , HSBC Bank USA. National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage AssetBacked Pass-Through Certificates Series 2007-AR6 as if their own actions.

As grounds for relief requested, Plaintiff would show unto the Court the following: 3. PLAINTIFF, Hilary Spencer Gavenda, is an adult Sovereign man on California, a state of the Constitutional republic, United States of America domiciled on the land, on California, near 1542 Larkspur Ct., Oakley community, California, on California, state of the republic and the owner of property at 1542 Larkspur Ct., Oakley community, California, on California, state of the republic.

4. DEFENDANT, HSBC Bank USA. National Association is a national banking corporation allegedly organized and existing under the laws of the United States, whose address is 1 Federal St, Boston, - 02110 acting in behalf of the holder of the Wells Fargo Asset Securities2

Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 . COMPLAINT FOR RECONVEYENCE OF PROPERTY RELEASE OF LIEN, DAMAGES AND OTHER RELIEF

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GENERAL ALLEGATIONS 1. Defendant HSBC Bank USA. National Association, acting in behalf of the

alleged holder of the loan Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 which is a trust entity also known as a Special Purpose Vehicle became an alleged successor in interest to the originator and issued securities collateralized by the deed of trust under a master pooling and servicing agreement dated November 25. 2007, by which all legal and equitable interest was transferred to the certificate holders. Defendant HSBC Bank USA. National Association as trustee is acting in the capacity of the alleged representative for and nominee of the certificate holders for the purposes of foreclosure of the property because the loan was allegedly in default. HSBC Bank USA. National Association is not the holder or owner of the note. 2. Plaintiff is informed and believes and therefore alleges that the Defendant,

HSBC Bank USA. National Association acting in behalf of the holder of the loan Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007AR6 lacked standing to commence foreclosure proceedings being threatened because they are not the lawful holders of the rights of the contract in this case. 3. Plaintiff alleges Defendant HSBC Bank USA. National Association as Trustee

for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 s certificate holders lacked standing to commence foreclosure because they were not the lawful holders of the rights of the contract under which foreclosure is being acted on. The note, which was a negotiable instrument under UCC Article 3, then converted to a security, Once it is securitized, it falls under UCC Articles 8 and 9 as a security. The Federal Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. (Staff Mortgage & Investment Corp. 550 F.2d 1228 (9th Cir 1997). Under Uniform Commercial Code, the security interest must be perfected by possession. Lacking proof of this possession of the security, it did not have the right to initiate foreclosure proceedings in its name. 4. Defendants HSBC Bank USA. National Association as Trustee for Wells Fargo

Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007AR6 illegally sold the rights and interests in Defendants loan instruments as un-registered securities. Selling un-registered securities is 3 automatic right of rescission of the original an COMPLAINT FOR RECONVEYENCE OF PROPERTY RELEASE OF LIEN, DAMAGES AND OTHER RELIEF

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contract. As already noted Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed PassThrough Certificates Series 2007-AR6 is a Special Purpose Vehicle and alleged successor in interest to the originator and issued securities collateralized by the deed of trust under a master pooling and servicing agreement dated November 25. 2007 , by which all legal and equitable interest was transferred to the certificate holders. 5. Defendant HSBC Bank USA. National Association as Trustee is acting in the

capacity of the alleged representative for and nominee of the certificate holders for the purposes of foreclosure of the property. Since the sale of the rights and interests in the unregistered securities of which Plaintiffs debt instruments were a part was illegal and invalid, no legal and equitable interest in Plaintiffs debt instruments was transferred to the certificate holders to give Defendant HSBC Bank USA. National Association as trustee acting in the capacity of nominee of the certificate holders to have power of foreclosure of the property in the certificate holders behalf and the rights of sale are void.

FIRST CAUSE OF ACTION CIVIL RICO Against , HSBC Bank USA. National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 7. I repeat, re-allege and incorporate all herein by reference and each and every allegation

set forth in paragraphs 1 through 19 inclusive, of all allegations and re-plead the same as set out in full with the same force and effect. 8. Plaintiff is informed and believes and thereon alleges that HSBC Bank USA. National

Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-AR6 Defendants, have engaged in an unlawful pattern of racketeering activity for the common purpose of carrying out a fraudulent scheme against people that they have collected payments from. 9. Through the services of lenders marketed to the public that they are in the business to

loan money receiving notes and trust deeds as security for repayment they withhold from the borrower, that in fact, they and the lenders with whom they work are in the business of pooling and bundling these security instruments to sell the rights and interests in these non-registered securities to investors in the form of certificates of investment. 10. Plaintiff is informed and believes and thereon alleges that Wells Fargo Bank National4 Association is a servicer and Defendant HSBC Bank USA. National Association as Trustee COMPLAINT FOR RECONVEYENCE OF PROPERTY RELEASE OF LIEN, DAMAGES AND

OTHER RELIEF

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