February 11, 2011 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Comptroller of the Currency Customer Assistance Group 4301 McKinney Street, Suite 3450 Houston, TX 77010-8050 Re: Case siidaldiatagrmn U.S, Bank National Association To Whom it May Concern: in accordance with your letter dated January 31, 2011, | am sending you this letter because U.S, Bank National Association, Citimortgage and Acqura Loan Services (A division of Vantium Capital Inc.) failed to address any of my issues and concems as set forth in my letter to them dated January 18, 2011 (for which | have proof Acqura Loan Services received) and instead, fabricated and recorded yet another fraudulent document with the San Diego County Recorder on February 7, 2011 (attached). Itis important to note that CPCA Trust 1 (formed in Delaware on June 27, 2008) never had valid ownership of our loan and has no standing to transfer our loan from one Delaware shell trust company formed by Castle Peak Capital Advisors to another — in this case Castle Peak 2010-1 Loan Trust (formed in Delaware on June 28, 2010). The latter trust was formed exactly two years after the formation of CPCA Trust 1, | do not know Delaware corporate law, but | wonder if there was a reason for that? Do assets have to be placed in trusts within a certain time period after the date they are formed? This may be yet another aspect of the fraud being perpetuated by these criminals. 1. | continue to assert that the assignment from CitiMortgage Inc,, Successor by reason of merger to CitiFinancial Mortgage Company, Inc. to CPCA Trust 1 recorded in San Diego County on June 11, 2010 is a fraudulent document based on the following: a. It was fabricated and robo-signed by an employee of Orion Financial Services (also located in Texas) ~ See attached article. b. The assignor identified in this assignment IS NOT the original lender on our NOTE! Of course, CitiMortgage Inc., CitiFinancial Morigage Company, Inc., CPCA Trust 1, Acqura Financial Services, Vantium CapitalPage 2 Comptroller of the Currency February 11, 2011 Inc., U; S. Bank National Association and Orion Financial Services have no idea who ié'the “original holdéf of our NOTE because they do not have our original note and DO NOT OWN OUR NOTE! In addition, recent news articles confirm that Citigroup recently settled several fraud cases across the nation that are tied to Orion Financial Services, Inc. (the same entity that fabricated, robo-signed and recorded the June 11, 2010 assignment of my mortgage)~ See attached article. Recent news articles confirm that Acqura Financial Services, on behalf of Wells Fargo & Co., filed a foreclosure complaint on a person more than a year after U.S. Bancorp filed a complaint ON THE SAME PERSON! Both U.S. Bancorp and Acqura Financial Services are identified as TRUSTEES for investors in two separate mortgage pools... obviously the loan could not be held by both at the same time. Acqura only withdrew the lawsuit it filed on behalf of Wells Fargo after being asked about the dueling foreclosures! Note the quote from Mr. Ron Bendalin, general counsel for Vantium Capital, which owns Acqura Loan Services: ”. . . . [T]he trust should have replaced the plaintiff in the first case.” My interpretation of that response is “we should have fabricated and recorded a fraudulent assignment first." Who knows how many of these duplicate foreclosure claims Acqura Financial Serveies, A Vantium Capital Inc., is making on behalf of other financial instituations — including CitiMortgage and U.S. Bank! 2. The assignment recently recorded on February 7, 2011 is very suspect for the following reasons; a. The assignment was filed electronically by the Mortgage Electronic Registration Service (MERS). | do not think I need to go into detail on why this is a problem since there has been enough valid information and court decisions that indicate MERS is not a reliable source of mortgage information, and indeed, the perpetrator of widespread mortgage fraud across the nation. The assignment is allegedly signed by Steve Allison of CPCA Trust 1 Steve Allison is with Castle Peak Capital Advisors, LLC which is located at 42 South Sixth Street, Suite 950, Minneapolis, MN 55402, Phone: 612.376.1570. His bio from Castle Peak Capital Advisors LLC, indicates that Mr. Allison is responsible for the Due Diligence, Servicing and Asset Surveillance: “Mr. Allison has 29 years of experience within the mortgage banking sector, with a particular emphasis in portfolio acquisitions, loan servicing and riskPage 3 Comptroller of the Currency February 11, 2011 management, Mr, Allison was previously with GMAC- ResCap where held positions including Vice President of Master Servicing and most recently, Managing Director of Institutional and Distressed Mortgage Transaction Management, Acquisitions and Loan Operations. Mr. Allison formeriy served as Director of Servicer Management for the Federal Home Loan Mortgage Corporation and also held management positions at Talman Home Mortgage and Draper and Kramer Incorporated.” So, the question cories to mind....did Mr. Allison fiy/drive from Minneapolis, Minnesota to Irving Texas to sign a pile of fraudulent assignments prepared by Acqura Loan Services? Did he really personally appear and sign documents in front of notary Ms. Lauren Hardy? Is he really personally known to Ms. Lauren Hardy? Oris it more likely that Mr, Allison did not fly/drive to Texas and that this assignment is robo-signed by an employee of Acqura Loan Services and that Ms. Lauren Hardy has broken the notary laws of the state of Texas? This can easily be investigated based on travel documents, etc, And last, but certainly not least....Acqura Financial Services, a Vantium Capital Inc. entity, still has not provided any evidence that it has any standing or agreement with CPCA Trust 1, Castle Peak 2010-1 Loan Trust or U.S. Bank Trust, National Association to service this loan, let alone fabricate, notarize or record any assignments | have been requesting this documentation from them since November 2010, and the only responses | get back include newly fabricated fraudulent documents as provided to you in my previous correspondence. | appreciate the attention you are giving this matter and look forward to hearing from you. Sincerely, Enclosures: Assignment Recorded on June 11, 2010 Assignment Recorded on February 7, 2011 an Acqura Loan Services (Via Certified Mail ~ Return Receipt Requested)boc # I OT Recording Requested by Orion Financial Group, Ine. JUN 11,2010 12:32 PM PLEASE FORWARD RECORDED DOCUMENT TO: , ofrioa ngcon RCA TRUST! sa oieno GaUnY RECORDERS Trice ftp Orion Flan Group, Ie. ‘DARDL BUTLER, COUNTY RECONDER 2860 Exchange Bld. #100 reese to Southlake, TX 76092 \ Hee bas \ . PAGE! a oe we RONEN (e at o 8416 i : i Assignment of Deed-of Trust ‘Send Any Noties‘To Assigtee. For Valuable Consideration the undersigned, CITIMORTGAGE, INC, SUCCESSOR BY REASON OF MERGER TO. CITIFINANCIAL MORTGAGE COMPANY, INC. 4050 REGENT BLVD, MAIL STOP N2A-222, IRVING, TX 75063 {Gaasignor) by these presents does esilgn ands over, without recouee 19 CPCA TRUST I 12 South Sath Steet, Sule 980, Minneapolis, MN $5402 (Assignee) the dscrbed deed of rut, togehze with cera not(s described with al tees al ens, en due orto become due thereon, executed by )HUSHAND AND WIFE AS. COUMMUNITY PROPERTY to CITIFINANCIAL MORTGAGE COMPANY, LLC. Stld deed of trust Dated: 3/25/2006 18 tate of CA, County of San Dlego on 4/11/2006, Document MEREEDUBFUD AMOUNT: 5 749,116.50 Property gumemmesmamanitidiy LA JOLLA, COMP {IN WITNESS WHEREOF, the undersigned corportion has caused this instrument be executed asa sealed instrument by is proper officer. Executed 10,2010 CITIMOR} SUCCESSOR BY REASON OF MERGER TO CITIPINANCIAL MORTOAGE COMPANY, INC. MT A R Satoh Cony armena Rog- Dprer Before me, J Flores, Notary Publi, personally appeared, D.M, Wileman, Vee President krown to me tobe the person(s) whose name(s) lr subserbed to the foregoing lntrument and acknowledged tome that heshe executed the same fr the purposes and consideration therein expressed. . Given under my hend,and sea of office on O5/1022010. By: D.M, Wileman, Vice President CA. San Diego COITICAPICPCATWLSIt gets better look who is the mysterious D.M. WILEMAN, signing | all these assignments as Vice President of Citi- Mortgage‘Mike Wileman - Linkedin ‘np: //wwwLinkedin.comi 10f3 Mike Wileman President & CEO at Orion Financial Group, Inc. =< Région de Dallas/Fort Worth Current _* Managing Member at Dvine Credit Services. Association, LLC ‘* President & CEO at Orion Financial Group, Inc. Past * Region Manager at Citigroup + Sorior Vice President at Associates Financial Services, Education * Ohio University Recommendations 1 recommendation Connections 251 connections Industry Externalisation/délocalisation Mike Wileman’s Summary Senior Executive with 20+ years direct P&L responsibilty in mortgage or mortgage related industry. Successful in ‘corporate environment and as a small business owner. Strong project manager and communication skills. Experienced in: Human Resource Management Public / Media Relations, Branding / Advertising Managing Start-Up Operations Public Speaking Developing Compensation Plans + Business Plan Development and Presentation Mike Witeman’s Specialties: Process management; consulting; small business owner and multi-state management. Mike Wileman’s Experience Managing Member Dvine Credit Services Association, LLC (Services aux consommateurs industry) octobre 2008 — Present (2 years § months) A sales organization partnering with National Credit Federation to provide a membership based service focusing on the restoration of consumer's credit. President & CEO Orion Financial Group, Inc. (Extemalisatiowdélocalisation industry) juillet 2001 — Present (9 years 8 months) 2/2011 12:56 PM‘Mike Wileman - Linkedin 20f3 ‘itp//ovww.linkedin.convimikewileman rion Financial Group, Inc., based in Southlake, Texas, specializes in lien release, assignment and document retrieval services for the mortgage industry, covering évery recording office in the U.S. Through the company’s proprietary document management software, DocPro!®, it can generate county-specific documents with all appropriate recording fees — virtually eliminating rejections. High volume or low volume, the compary’s pledge Is to provide peak performance in document services with speed, integrity and professionalism, For more information, please visit the company's web site at www.orionfgi.com. Region Manager Citigroup (Services financiers industry) ae 2000 — 2001 (1 year ) Senior Vice President Associates Financial Services (Services financiers industry) 41994 — 2001 (7 years ) Mike Wileman’s Education Ohio University BSC , Organizational Communications , 1979 — 1984 Aativities and Sociaties: 4 years Golf Additional Information Mike Wileman’s Interests: consumer finance, business development, speaking, golf, travel Mike Wileman's Groups: Mortgage Professional's World Wide (MPWW) Banking Connects (OU Alumni (6,000+ members) ‘The Sales Association BPO Executives Real Estate innovation (Entrepreneurs, Investors, Lenders, Services Providers) Financlal Services Consortium Commercial Real Estate Connections Finance Industry Professionals Worldwide NYC Real Estate Real Estate Open Networkers - eRealEstateSocial.com BPO - Business Process Outsourcing ‘Consumer Finance Professionals 2/11/2011 12:56 PMMike Wileman - Linkedin 30f3 ‘Shared Services & BPO Network Real Estate Lawyer Network The Real Estate Networking Group SuperCFO A Belter Business Experience Financial Services Career Genter™ Real Estate Tax Group ‘Annual Mortgage Servicing Conference Bold Real Estate Group ‘Texas Young Professionals Caribbean Real Estate Network PPIP - Public-Private Investment Program - Legacy Loan Program Real Estate Network of Professionals - Powered by IvExec.com Finanee Club Commercial Real Estate Finance Green Real Estate ‘The Chief Executive Officer (TEL) ‘Adelman Realty Group The Sales Association-Dallas Chapter Real Estate Agent Legal Network Philadelphia Area Mortgage Brokers & Lenders Protect your Investment and avoid tigation! Accountant-Lawyer Alliance (ALA) Real Estate Finance & Law MORTGAGEMASTERS INTERNATIONAL Buying & Selling Distressed Mortgage Portfolios - Commercial & Residential Mortgage Repurchase Rebuttal Experts hitp://wvww.finkedin.co 2M V2011 12:56 PM,SMELLS LIKE SOMETHING FRAUDULENTae arrone ‘ ; SMA TH * os FEB 07,2011 8:00 AM 1 SS SON RRS, Gags Damen ae be d 3283 PAGES: 2 4 Ce Sa eaea Au ‘Acqura Loan Services 7500 Bont Branch Br Sulte 150 living, TX 76063, paca above Wis We fr Tesordars Ube AIH #: 100638642-CA-MAL : i: yone No, 1-888-879-6377 Assignment of Deed of Trust For value recelved, the undersigned corporation hereby grants, assigns, and transfers to Castlo Peak 2010-1 Loan Trust, by U.S, Bank Trust, National Assoclation, not In Its individual capacity but solely as Owner Trustoo ‘Al benofe terest onda ahi accrued o eco unde tha cortain Deed of Trust dated 3/28/2006 executed by ROZERT CARA TEETE , HUSBAND AND WIFE AS COUMMUNITY PROPERTY, os Trustor(s) fo VERDUGO TRUSTEE SERVICE CORPORATION, as Trustee and recorded as Instrument No. 2SRGu@RaMi 1, on 4/11/2008 of Oficial Records, in the office of the County Recorder of SAN DIEGO County, GA, that secures the underlying promissory note,3384 ‘TS#; CA40-396405.AB Page 2 Dated: orm State of “TEAS _) couniyot Dolls) O-q- before m rotary public, personally appeared 10 be the person(s) whose name(s) Is ‘subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument, | cerlity under PENALTY OF PERJURY under the laws of the State of _“TEN.VS _ that the foregoing paragraph Is true and correct, A Li speqonatly Known fore WITNESS my hand and official seal (Seal) a TAUREN HARD SEND sorry brie stow ol Tox Gd) "rece!Citigroup Settles Fraud Cases Tied to Texas Mortgage Assigner - Bloomberg Page 1 of 4 Bloomberg Citigroup Settles Fraud Cases Tied to Texas Mortgage Assigner iy Dont iin ond Dain Canpl «Fe 8, 2011 Citigroup Jne,, the third-largest U,S.bank, settled or lost at least five claims in 2010 brought by borrowers who aceused the bank of filing fraudulent mortgage documents provided by a Texas firm, In the most recent settlement in December, a bankrupt homeowner in Wappingers Falls, New York, challenged Citigroup's use of a mortgage “assignment,” which shows the transfer of ownership of a mortgage. It was signed by an employee at Orion Financial Gronp Ine., a Southlake, ‘Texas, firm that provides document services to lenders. ‘The document was “of fraudulent nature and questionable origin,” the borrower's attorney, Linda ‘Tirelli, wrote in an August objection to the bank's claim at U.S, Bankruptey Court in New York, Citigroup created and filed the assignment after proceedings began because it otherwise couldn’t prove its right to collect the debt, she wrote in an e-mail, The bank denied the allegations and didn’t admit liability in the settlement. ‘Attomeys general in 50 states are investigating the industry's use of mortgage assignments as part ofa wider probe into fiulty foreclosure methods, according to Geoff Greenwood, a spokesman for Towa attorney general Tom Miller, Last month, a Massachusetts court ruled that two foreclosures by Wells Fargo & Co, and U.S. Bancorp were invalid because assignments presented in those cases, failed to prove the chain of ownership of the mortgage, sending financial stocks down, Connect the Dots Bankruptey judges are “appropriately skeptical” when mortgage servicers claim to have assignments, said Keith Lundin, a U.S. Bankruptey Court judge in Nashville, Tennessee, in an interview. “They've got to show me more than their swearing that they have the right,” he said, “They're going to have to connect up the dots back to the note and the security agreement, which would be the mortgage.” http:/www.bloomberg,.com/news/print/2011-02-08/citigroup-settles-as-bankrapt-homeowne.... 2/8/2011Citigroup Settles Fraud Cases Tied to Texas Mortgage Assigner - Bloomberg Page 2 of 4 Harold Lewis, an executive with the CitiMortgage subsidiary, told Congress in November that the bank reorganized foreclosure operations last February, helping it avoid the faulty affidavit-signing practices that foreed peers such as JPMorgan Chase & Co. to temporarily halt home seizures last year. Citigroup paid almost $82,000 in opponents’ legal costs when settling challenges to four bankruptey claims that used Orion letters in 2010, according to agreements filed with federal bankruptey courts in New York and Arkansas. The bank reduced interest rates on the remaining debt by an average of 49 percent, while entting the outstanding mortgage balance in three cases by 4 combined $55,000, the filings show, Raising Questions “It doesn’t strike me as something that lenders do every day of the week,” said Melissa Jacoby, a bankruptey law professor at the U 1 in Chapel Hill, referring to the size of the concessions, “It does raise some questions ahout the practices.” A spokesman for Citigroup, Mark Rodgers, said it doesn’t comment on individual cases. The company continues to use Orion for assignmnent letters, he said. While borrowers have disputed the bank's use of assignments, they haven't accused Orion of wrongdoing, “We don't create fraudulent documents,” said Orion Chief Executive Officer Mike Wileman. His firm’s documents show which company may hold the note and can be based on information from the bank, he said. “Sometimes the evidence is circumstantial,” he wrote in an e-mail. Court Records Rodgers declined to say how often the bank relies on Orion or other outside document providers for assignments, Records aren't electronically searchable in most of the more than 3,000 counties across the U.S. In Texas's Dallas County, where documents are available online, Orion prepared at Teast 14 assignments transferring mortgages to Citigroup since the start of 2009, a search of records there shows. In the Wappingers Falls case, Citigroup said it was owed about $390,000 from a mortgage on a property in Chapter 1g bankruptey. The bank filed an assignment prepared by Orion to back the claim. This document claimed another lender had assigned the loan to CitiMortgage on June 24, more than three weeks after the bankruptey began, htip://www.bloomberg.com/news/prin¥/2011-02-08/citigroup-settles-as-bankrupt-homeowne.... 2/8/2011Citigroup Settles Fraud Cases Tied to Texas Morigage Assigner - Bloomberg, Page 3 of 4 In settling the borrower's objections, the bank didn’t admit wrongdoing, It paid Tirelli’s $35,000 logal fees, reduced the mortgage prineipal by $29,000 and chopped the interest rate almost in half, tog percent. “We reach settlements in eases for a variety of reasons, usually so both parties can avoid the expense of ongoing litigation,” Rodgers, the bank spokesman, said in an ¢-mail. Massachusetts Ruling In Massachusetts, the state Supreme Court upheld a voiding of two 2007 foreclosures carried out by San Francisco-based Wells Fargo and Minneapolis-based U.S, Bancorp because the companies hadn’t demonstrated that they held the mortgages at the time of the seizures, The banks had backed claims with so- called blank assignments completed after forcclosure sales, A lender such as Citigroup may settle to avoid scrutiny of its foreclosure practices during litigation, said April Charney, a senior attorney with Jacksonville Area Legal Aid in Jacksonville, Florida, who instructs lawyers on representing consumers in foreclosure and bankruptey cases. “They're afraid of going through the process,” she said. A risk-based analysis may focus on the question, “Do I risk going in front of the judge and getting an order that is going to beam around the whole world?” she said, Orion is based in Southlake, Texas, a city about 30 miles northwest of Dallas, It provides “mortgage assignment, len release and document retrieval services” to the mortgage industry, according to its website. Citigroup also uses Orion for assignments in foreclosures, Rodgers said, Initial Loss Citigroup is stil facing claims tied to an Orion-prepared assignment in a case at U.S. Bankruptey Court in Aberdeen, Mississippi. In that case, the judge disallowed the bank's initial claim toa property in Olive Branch, a elty about 20 miles south of Memphis, ‘Tennessee. The borrower later asked the court to force the bank to prove whether it has rights to the loan, Citigroup filed a response last month, fighting the borrowers’ demands. “We're going to have to go into litigation to determine who if anyone is owed the moncy and who if anyone still has a security interest,” said William Fava, the borrower's attorney. Citigroup has also filed Orion assignments in bankruptey cases in states including Maryland and hitp://www. bloomberg. com/news/print/201 1-02-O8/eitigroup-settles-as-bankrupt-homeowne.... 2/8/2011Citigroup Settles Fraud Cases Tied to Toxas Mortgage Assigner - Bloomberg Page 4 of 4 “Do they really have the right to enforce anything in this bankruptcy?” said Ryan Starks, an attorney for borrowers in Georgia, in an interview. “Or are they just clearing up the paperwork?” Mortgage Business Citigroup serviced $602 billion of mortgages in the fourth quarter of 2010 and is the fourth-largest mortgage servicer in the country, according to Inside Mortgage Finance, a trade publication, Lewis at CitiMortgage testified to Congress in November about the bank's overhaul of foredosuro practices, ‘The company was still reviewing 10,000 affidavits that were executed before the overhaul, and about 4,000 affidavits may not have been signed before a notary and may be resubmitted, he said, Citigroup doesn't anticipate refiling any assignments, and hasn't had to refile any prepared by Orion, said Rodgers, the spokesman, ‘To contact the reporters on this story: Donal Griffin in New York at dgriffinto@bloomberg.net; Dakin Campbell in San Francisco at deamphell27@bloombera.net ‘To contact the editot responsible for this story: Rick Green at rgreen18@bloombery.net (62011 BLOOMBERG LP. ALL RIGHTS RESERVED, hitpv/www.bloomberg.com/news/print/201 1-02-08/citigroup-settles-as-bankrupt-homeowne.,.. 2/8/2011ISN’T CITI GROUP THE BANK, WE BAILED OUT ????