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Bret D. Landrith Plaintiff appearing Pro se 9743 Sagamore Rd, Leawood, KS 66206 Cell 913-951-1715 bret@bretlandrith.com

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS THE BANK OF NEW YORK ) Plaintiff ) Case No. 10CV1749 ) Court No. 2

v. ) ) Jury Trial Demanded JEFFERY ALLAN BASLER, et al ) Defendant )

DEFENDANT’S ANSWER TO PLAINTIFF’S PETITION TO FORECLOSE Defendant, Bret D. Landrith hereby files this Answer to the Plaintiff’s Petition to

Foreclose, accompanying the defendant’s Motion to Set Aside the Sale and Judgment

with its attached Affidavit of No Knowledge And Structural Engineering Defect, and in

support thereof avers as follows:

I. CONTINUING JURISDICTION IN EQUITY

1. The defendant and successor in interest is BRET D. LANDRITH, a citizen of the

State of Kansas and an arm’s length buyer in good faith of the property Under K.S.A. 58-

2204:

“K.S.A. 58-2204: Form of quitclaim deed. Any conveyance of lands, worded in substance as follows: A.B. quitclaims to C.D. (here describe the premises), for the sum of (here insert the consideration), the said conveyance being duly signed and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quitclaim to the grantee, his or her heirs and assigns.”

2. This court sitting in equity has continuing jurisdiction over this matter:

Exhibit 7 LANDRITH KS Answer to Foreclosure

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“However, rules of equity apply to the present case because all actions to foreclose mortgages are equitable in nature. First Nat'l Bank of Olathe v. Clark, 226 Kan. 619, 623, 602 P.2d 1299 (1979). The Kansas Supreme Court has said that "where a court of equity has obtained jurisdiction of a controversy on any ground it will retain such jurisdiction for the purpose of administering complete relief and doing entire justice with respect to the subject matter. [Citation omitted.]" Nelson v. Robinson, 184 Kan. 340, 345, 336 P.2d 415 (1959). Here, the Wetzel Buyers became a "party to the record" through their bid and had the right to be heard on "any order ... affecting their rights." McDonald, 58 Kan. at 462, 49 P. 595. Therefore, the district court retained jurisdiction on any claim asserted by the Wetzel Buyers related to the subject matter of the original proceeding.” First Nat. Bank in Larned v. Wetzel, 219 P.3d 819 at 822-823 (Kan. App., 2009)

3. The real estate, which is the subject of this litigation is lot 330, Leawood Estates, a

subdivision in Leawood, Johnson County, Kansas, according to the recorded plat thereof,

commonly known as 9743 Sagamore Road, Leawood, KS 66206 (the “Property”).

II. STATEMENT OF FACTS COMPRISING A DEFENSE AT LAW TO THE PLAINTIFF’S FORECLOSURE

4. BANK OF AMERICA, NA is the successor in interest, duties and liabilities to

Countrywide Home Loans, Inc. (Countrywide Home) and Countrywide Home Loans

Servicing LP (Countrywide Servicing) which obtained the residential home mortgage

loan on this property and serviced it, then created shell trusts to commit foreclosure fraud

on courts with the plaintiff THE BANK OF NEW YORK acting as trustee but having

knowledge of the fraud.

5. The mortgage underwriting, securitization and foreclosure frauds committed by

Countrywide former chairman and CEO David Sambol, former president and chief

operating officer, Eric P. Sieracki, former executive managing director and CFO and their

auditing firm KPMG were joined by BANK OF AMERICA, NA and the plaintiff THE

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BANK OF NEW YORK and resulted in the defendant’s property rights and interests in

9743 Sagamore Road, Leawood, KS 66206 being subject to an unlawful fraudulent

foreclosure

6. BANK OF AMERICA, NA has publicized misrepresentations to the public, the

Securities and Exchange Commission and the government mortgage guarantee entity

Fannie Mae to further profit from and obstruct justice to prevent discovery of criminal

misconduct engaged in by Countrywide Home Loans, Inc. in conspiracy with the auditing

firm KPMG to securitize the defendant’s property in pooling and servicing agreements

transferred by BANK OF AMERICA, NA to CWALT, Inc. and its trustee THE BANK

OF NEW YORK misrepresenting that the Alternative Loan Trust 2007-OA7 Pooling and

Servicing Agreement (PSA) was sufficient grounds to assign the Mortgage Note and

enforcement and foreclosure rights on the defendant’s property.

7. BANK OF AMERICA, NA through its predecessor in interest Countrywide

Home Loans, Inc. intentionally misrepresented material facts about various individual

loans [including the loans alleged to be secured by the defendant’s property] so that they

would appear to satisfy warranties in the parties’ agreements for insurable and

merchantable title and to make a false claim against Fannie Mae in violation of the False

Claims Act (31 U.S.C. §§ 3729–3733).

8. On information and belief BANK OF AMERICA, NA through its predecessor in

interest Countrywide Home Loans, Inc. transferred interests and ownership of notes

alleged to be secured with the defendant’s property through mortgage via the depositor

CWALT, Inc. but were not recorded with the Johnson County, Kansas registrar of deeds

and the title to the defendant’s home is "clouded" with invalid interests and claims

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making it unmarketable.

9. THE BANK OF NEW YORK, fka THE BANK OF NEW YORK MELLON

became the trustee of a fraudulent trust alleging a secured interest in the plaintiff’s

property that was created by Countrywide former chairman and CEO David Sambol,

former president and chief operating officer, Eric P. Sieracki, former executive managing

director and CFO and their auditing firm KPMG and perpetuated by BANK OF

AMERICA, NA whose participation included causing a false claim to be made against

the US Treasury through obtaining the mortgage loan insurance provided by Fannie Mae

and selling Mortgage Loan servicing rights, knowing that the defendant’s property, the

subject of the false claims against Fannie Mae, was not secured with a valid property

interest and insurable mortgage due to the property rights and mortgage documentation

not being transferred through the defendants’ CWALT, Inc. Alternative Loan Trust 2007-

OA7 fraud instrumentality to THE BANK OF NEW YORK as trustee because of the

fraudulent scheme BANK OF AMERICA, NA, the depositor CWALT, Inc. and THE

BANK OF NEW YORK were engaged in to defraud investor pools in multiple sales,

knowing the “blue ink mortgage note” for the defendant’s property which is required to

prove any right by the plaintiff to the property is unavailable.

10. On information and belief THE BANK OF NEW YORK and BANK OF AMERICA,

NA utilized the certificate holders, CWALT, Inc., and Alternative Loan Trust 2007-OA7

to further the Countrywide Home Loans, Inc. separation of the secured interest from the

purported mortgage note for the purpose of preventing the securities fraud on foreign

derivatives securities holder that believed they had an investment secured by the

defendant’s property and to prevent the number credit default swap bundles utilizing the

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defendant’s property from being disclosed to law enforcement officials responsible

regulating banking and securities.

A. THE PLAINTIFF’S MISGUIDED SHELL GAME

11. The plaintiff THE BANK OF NEW YORK is a trustee and knowing participant in

a fraud originating with BANK OF AMERICA NA’s mortgage underwriting service

“Countrywide and BANK OF AMERICA NA’s mortgage servicing unit BAC.

BAC which was known as Countrywide Home Loans Servicing LP until it changed its

name in 2009.

12. Since the buyout, BANK OF AMERICA NA has engaged in a complex series of

transactions involving moving Countrywide Financial Corp. and the subsidiaries of

Countrywide Financial Corp., as well as the assets of such corporations, to and fro within

the BANK OF AMERICA NA group of companies in an attempt to evade federal and

state regulatory action with respect to mortgage servicing abuses occurring at

Countrywide Home Loans Servicing LP and successor entities."

13. In July 2008, BANK OF AMERICA NA 's subsidiary NB Holding Corp.

completed the acquisition of Countrywide Home Servicing LP so that Countrywide

Home would be a "non-banking" indirect subsidiary of BANK OF AMERICA NA and

therefore evade regulatory oversight of mortgage servicing activities by the United States

Office of the Comptroller of the Currency (the OCC).

14. BANK OF AMERICA NA executives and counsel also believed that such

structure would allow BANK OF AMERICA NA to evade regulatory licensing and

oversight of its unlawful and fraudulent mortgage servicing activities by state regulatory

authorities because Countrywide Home Loans Servicing LP, although not a subsidiary of

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BANK OF AMERICA NA, would still be related to BANK OF AMERICA NA, and

therefore could claim a preemption from state regulation and licensing.

15. BANK OF AMERICA NA principals then stripped Countrywide Financial Corp.

and Countywide Home Loans of all their assets to further defraud claimants and potential

claimants against Countywide entities.

16. In November, 2008, Countrywide Home Loans Inc. transferred all of its assets to

Bank of America Corp., which thereafter transferred such assets to BANK OF

AMERICA NA and formed a unit of BANK OF AMERICA NA called 'Countrywide

Home Loans.' Countrywide Home Loans, a division of BANK OF AMERICA NA

thereafter conducted the business previously conducted by Countrywide Home Loans

Inc.

17. In 2009 Bank of America shed the 'Countrywide' brand name, knowing that in the

minds of consumers and regulators it was associated with Countywide Financial Corp.'s

fraud.

Countrywide Home Loans Servicing LP then became BAC Home Loans Servicing LP,

while Countrywide Home Loans was changed to Bank of America Home Loans.

18. In June 2010, the Federal Trade Commission barred BAC Home Loans and

Countrywide Home Loans from certain practices, including making false or

unsubstantiated representations about loan accounts.

19. In April, 2011, BANK OF AMERICA NA fully realized that its shell game to

evade regulatory oversight was not working when BANK OF AMERICA NA was hit

with a Consent Order from the OCC relating to the mortgage servicing activities of the

non-bank entity BAC Home Loans Servicing LP.

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20. The OCC Consent Order did not differentiate between BANK OF AMERICA NA

and BAC Home Loans Servicing LP and found that BANK OF AMERICA NA serviced

13,500,000 residential mortgage loans.

21. With new financial regulations on the horizon in the form of the Dodd-Frank Wall

Street Reform and Consumer Protection Act, and tougher regulations on mortgage

servicers from the Consumer Financial Protection Bureau, Bank of America merged BAC

Home Loans Servicing LP into BANK OF AMERICA NA.

22. However BANK OF AMERICA NA then realized almost immediately after

moving its mortgage servicing activities to the new shell, than it figured out that it still

would be stuck with the large costs of complying with the already existing OCC Consent

Order, which had ordered that the unlawful and fraudulent mortgage servicing activities

be corrected going forward and that with respect to past unlawful activities such judicial

and non-judicial foreclosures be reversed (such as the foreclosure and sale of the

defendant’s house) where possible and that those injured be compensated.

23. BANK OF AMERICA NA tried to evade the future liability to the defendant for

the unlawful foreclosure of the defendant’s house on 9743 Sagamore Road and other

homes it was unlawfully servicing by selling servicing rights to 400,000 loans for $500

billion.

24. Fannie Mae is the unwitting surety and guarantor as purchaser or financier for the

mortgage servicing rights on the defendant’s 9743 Sagamore Road and was materially

harmed in the FCA false claim by BANK OF AMERICA NA where BANK OF

AMERICA NA did not maintain the original Mortgage Note or deliver it to THE BANK

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OF NEW YORK and CWALT, Inc. and did not exercise diligence in qualifying

purchasers or correctly disclosing risks related to buyers.

B. THE FRAUD ON THE COURT BY THE BANK OF NEW YORK, CWALT, INC., AND

ALTERNATIVE LOAN TRUST 2007-OA7

25. BANK OF AMERICA, NA the successor in interest, duties and liabilities to

BAC, Countrywide Home Loans, Inc. (Countrywide Home) and, Countrywide Home

Loans Servicing LP (Countrywide Servicing) in its previous incarnation as Countrywide

failed to comply with the terms of the securitization Pooling and Servicing Agreement

(“PSA”) for the delivery of the mortgage note to CWALT, Inc., for Alternative Loan

Trust 2007-OA7.

26. Countrywide failed to deliver the mortgage note to the trustee, THE BANK OF

NEW YORK and therefore THE BANK OF NEW YORK knows that Alternative Loan

Trust 2007-OA7 is without the right to enforce the note and without the right to foreclose.

27. THE BANK OF NEW YORK knows that as trustee for Alternative Loan Trust

2007-OA7 and CWALT, Inc. which never got the note from Countrywide or its successor

in interest BANK OF AMERICA, NA, and knows that THE BANK OF NEW YORK

never had standing to bring a foreclosure action against the defendant or his predecessors

in Johnson County District Court.

28. THE BANK OF NEW YORK, acting on the knowledge it was proceeding against

thousands of homes without standing and through frauds on the respective foreclosure

courts negotiated with BANK OF AMERICA, NA to be completely indemnified but now

knows BANK OF AMERICA, NA is insolvent as to its liabilities over the Countrywide

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mortgages and the conduct BANK OF AMERICA, NA continued after taking over

Countrywide.!

29. BANK OF AMERICA, NA the successor in interest, duties and liabilities to

Countrywide Home Loans, Inc. (Countrywide Home) and Countrywide Home Loans

Servicing LP (Countrywide Servicing) in its previous incarnation as Countrywide and the

trustee THE BANK OF NEW YORK misrepresented each transaction purchasing

interests in Alternative Loan Trust 2007-OA7 to investors and later to Fannie Mae, by

creating the impression that the trust had secured the collateral including the defendant’s

home.

30. The trustee THE BANK OF NEW YORK misrepresented from 2008 to 2011 in

each of CWALT, Inc.’s Reg AB annual certifications to each investor of Alternative

Loan Trust 2007-OA7 and Fannie Mae that the mortgage loan documents including the

note on the defendant’s house were safeguarded and secured when THE BANK OF NEW

YORK knew Countrywide had never delivered them or the note on the defendant’s

house.

31. The trustee THE BANK OF NEW YORK further misrepresented to the investors

of Alternative Loan Trust 2007-OA7 and Fannie Mae that the defendant’s home was

assigned to Alternative Loan Trust 2007-OA7 and that the defendant’s original Mortgage

Note, endorsed by signature with “Pay to the order of” instructions and that all

intervening endorsements showing a complete chain of endorsement from the Person

endorsing the Mortgage Note and each endorsement being sufficient to transfer all right,

title and interest of the party endorsing, as noteholder or assignee thereof, in and to the

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defendant’s Mortgage Note when the trustee THE BANK OF NEW YORK was without

the chain of endorsements, having never received the original Mortgage Note.

32. Because the defendant’s initial mortgage loan that was not a MERS Mortgage

Loan, the THE BANK OF NEW YORK as trustee certified the above mortgage file

documents including the original Mortgage Note were in THE BANK OF NEW YORK’s

possession and that THE BANK OF NEW YORK had reviewed the defendant’s

mortgage file documents including the original Mortgage Note and the documents

appeared regular and were present and related to the defendant’s mortgage loan.

33. THE BANK OF NEW YORK made the above materially fraudulent

misrepresentation about the defendant’s Mortgage Note (as it did about all notes in the

trust) in a preliminary certification on the closing date for Alternative Loan Trust 2007-

OA7.

34. THE BANK OF NEW YORK made an additional materially fraudulent

misrepresentation about the defendant’s Mortgage Note (as it did about all notes in the

trust) in the final 2007 certification that all required documents have been received for

Alternative Loan Trust 2007-OA7.

35. THE BANK OF NEW YORK made additional annual materially fraudulent

misrepresentations to investors in Alternative Loan Trust 2007-OA7, Fannie Mae and the

Securities and Exchange Commission (“SEC”) about the defendant’s Mortgage Note (as

it did about all notes in the trust) in the 2008,2009, and 2010 annual certifications with

CWALT, Inc. in THE BANK OF NEW YORK’s delivery to the SEC of Regulation AB

Certifications (asset backed securities pursuant to SEC regulation section 1122(d)(4)(ii))

that the Pool assets ( original Mortgage Notes of Alternative Loan Trust 2007-OA7)and

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related documents are safeguarded by THE BANK OF NEW YORK as required by the

transaction agreements.

36. THE BANK OF NEW YORK and CWALT, Inc. made additional materially

fraudulent misrepresentations to investors in Alternative Loan Trust 2007-OA7 and

Fannie Mae that a grant of a security interest in the mortgage loans including the

Mortgage Loan on the defendant’s house was obtained for the benefit of the certificate

holders- the investors in Alternative Loan Trust 2007-OA7.

37. THE BANK OF NEW YORK and CWALT, Inc. under the PSA ensured the

agreements were grants of a security interest, and CWALT, Inc. filed UCC statements for

the mortgage loans including the defendant’s and represented facts including that all

original executed copies of each Mortgage Note (including the defendant’s) required to

be delivered to the Trustee THE BANK OF NEW YORK have been delivered to the

THE BANK OF NEW YORK.

DEFENSES

38. THE BANK OF NEW YORK is trustee for a straw man the depositor CWALT,

Inc. and its instrumentality Alternative Loan Trust 2007-OA7 when in fact the principal

is BANK OF AMERICA, NA which has been paid in full for the defendant’s property

when its subsidiary sold the “blue ink note” and the rest of the mortgage file to foreign

derivatives securities holder.

39. THE BANK OF NEW YORK as trustee and with knowledge of the fraud and an

agreement to participate in the fraud with is BANK OF AMERICA, NA in exchange for

complete indemnification while continuing to collect its fees for good faith and fair

dealing in the performance of its fiduciary duties lacks clean hands to obtain relief in an

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equity court.

40. THE BANK OF NEW YORK and its nominal principals CWALT, Inc., and

Alternative Loan Trust 2007-OA7 lack standing to foreclose or enforce any note or fee

connected with the defendant’s property.

III. PRAYER

WHEREFORE, the defendant is suffering a continuing injury from a slander to the title

of his property by the representations of the plaintiff and their agents who do not have a

valid mortgage or enforceable note interest in the property and a loss of value from the

property’s unmarketability.

Defendant BRET D. LANDRITH respectfully requests that this Honorable Court

find in his favor and against the Plaintiff, and enter a judgment ordering the Recorder of

Deeds for Johnson County to convey the interests registered by the defendant in the

property located at 9743 Sagamore Road, Leawood, KS 66206 to the Plaintiff and to bar

the defendant’s lien claims, upon presentment of an order stating the same; and granting

such other relief as is necessary and appropriate.

Respectfully submitted,

________________ Bret D. Landrith Plaintiff appearing Pro se

CERTIFICATE OF SERVICE

I certify I have mailed a copy of the above pleading to counsel for the plaintiff THE BANK OF NEW YORK on September 12, 2011.

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South and Associates, PC Brian P. Hazel 6363 College Blvd. Suite 100 Overland Park, KS 66211 Brian.Hazel@southlaw.com

________________ Bret D. Landrith Defendant appearing Pro se