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AFFIDAVIT OF FORGERY

Prepared By:

David B. Starkey

3614 Lascassas PikeMurfreesboro, TN., 37130

Re: APPOINTMENT OF SUCCESSOR TRUSTEERecord Book 1014, Page 2867 & 2868Rutherford County Register of Deeds

STATE OF TENNESSEE

COUNTY OF RUTHERFORD

The undersigned, David B. Starkey, being first duly sworn, do hereby declare as follows:

1. I have examined APPOINTMENT OF SUCCESSOR TRUSTEE (the “Document”) dated

 August 30, 2010 and recorded September 14, 2010, in Record Book 1014, Page 2867,

Official Records of Rutherford County, Tennessee. By information and belief it is a forgery.

2. The Appointment of Successor Trustee, because it is signed by an officer of Wilson and Associates, as agent for Bank of America Home Loan Servicing, LP yet there is no evidenceof such an agency. There is no evidence linking BAC Home Loan Servicing LP to FirstMagnus Financial Corporation, the apparent entity supposedly responsible for the original

loan on the subject property. There is a break in the chain of title regarding the loan andWilson and Associates as Trustee. Therefore, Wilson and Associates PLLC are purportingto act as trustee but have not been legally appointed as trustee. Wilson and Associateswas not appointed as trustee by an entity in the chain of title to the underlying note/deed of trust. The document appointing Defendant Wilson as trustee is by information and belief aforgery.

3. There is no evidence that First Magnus Financial Corporation conveyed to Defendant Bankof America Home Loan Servicing, LP any interest in the property located at 3614 LascassasPike, Lascassas, TN 37130. In the Deed of Trust document filed at the Rutherford CountyRegister (#738/1561), the Lender is stated as First Magnus Financial Corporation. TheBeneficiary is stated as MERS. There is no record of Bank of America Home Loan

Servicing, LP on any documents recorded in The Rutherford County register of deeds.Therefore, I dispute the statement made by Defendant Wilson and Associates that BACHome Loans Servicing appointed Shellie Wallace as Successor Trustee and DeannaDorrough as Co-Trustee, both of whom are employees of Wilson and Associates. Byinformation and belief the APPOINTMENT OF SUCCESSOR TRUSTEE recorded in recordbook 1014, Page 2867, Official Records of Rutherford County, Tennessee is a forgery. Title35-5-114 (b) (1) of the Tennessee Code says that the Beneficiary may appoint a successor trustee by filing a substitution of trustee for record with the register of deeds of the county inwhich the property is situated. According to the Deed of Trust in record book #738 page

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1562 at the Rutherford County Register of Deeds MERS is the beneficiary not BAC HomeLoan Servicing, LP.

4. The Appointment of Successor Trustee is executed by a party who had no power to do so.There is nothing to indicate that an authorized officer of the Grantor claiming power tosubstitute the Trustee ever signed or knew about this instrument.

5. This is particularly true since it was NOT a person purporting to be employed by any of theknown parties who executed the substitution. A new party appears allegedly under a power of attorney for which we see no evidence on or off record and doubt such document exists.Thus the reference to a trustee, implying a “Trust” is not supported by a Trust Agreementand the reference to a power of attorney is not supported by any document and thereference to an assignment is actually one of several breaks in the chain of ownership of theloan. Second, the substitution of trustee is suspect in that there appears to have been noreason for it unless the first trustee refused to act on instructions from what they perceivedas an unauthorized party

6. Through information and belief the document recorded at the Rutherford County Register 

(1014 pg 2867) as an Appointment of Successor Trustee is a forgery. In paragraph #3 of 

said document the author merely states the “undersigned holder of said Deed of Trust and

Deed of Trust Note” and goes on to appoint a Successor Trustee. It appears that

Christopher L. Palmer a partner at Wilson and Associates claims to be a signer for BAC

Home Loan Servicing, LP. There is only have his statement that he is authorized by the

maker to execute this instrument on behalf of the maker. This signature is not legible and if I

may I would like to request that Christopher L. Palmer witness his signature. This document

is apparently notarized by an Arkansas notary. The signature is not legible and I humbly

request that this notary signature be witnessed. The Substitution of Trustee document thatwas filed at the Rutherford County Register of Deeds implies that BAC Home Loan

Servicing, LP is the present beneficiary under the 2007 deed of trust. There is nothing in the

record to support this. Wilson and Associates offer no evidence to establish that BAC Home

Loan Servicing, LP had the beneficial interest under the 2007 Deed of Trust to assign Shelly

Wallace as successor trustee. The truthfulness of the contents of the Assignment of 

successor trustee by information and belief are due to forgery. “Taking notice of a document

is not the same as accepting the truth of its contents or accepting a particular interpretation

of its meaning.” (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) While

courts take judicial notice of public records, they do not take notice of the truth of matters

stated therein. (Love v. Wolf (1964) 226 Cal.App.2d 378, 403.) “When judicial notice is taken

of a document, the truthfulness and proper interpretation of the document are disputable.”

(StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9 (StorMedia).) Therefore,

David B. Starkey disputes the truthfulness of the contents of all of the recorded documents

concerning the property know as 3614 Lascassas Pike, Lascassas, TN., 37130.

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I declare under penalty of perjury under the laws of the State of Tennessee that the foregoing istrue and correct.

Dated: _________________________ ________________________________________ 

Subscribed and sworn to (or affirmed) before me on this

 _______ day of ____________________, _______, by

 ___________________________________________,

proved to me on the basis of satisfactory evidence tobe the person(s) who appeared before me.

Signature_________________________________  (This area for notary stamp)