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LEVEL 3 SECURITIZATION AUDIT

Prepared For: BORROWER

TO ORDER THIS PRODUCT, CONTACT BILLY BOWLES: BILLY@MORTGAGECOMPLIANCEINVESTIGATORS.COM 888-491-3741

TABLE OF CONTENTS SECTION 1: TRANSACTION DETAILS


BORROWER AND COBORROWER TRANSACTION PARTICIPANTS

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SECTION 2: LOAN SUMMARY AND SECURITIZATION PARTICIPANTS


LOAN INFORMATION SECURITIZATION PARTICIPANTS PROSPECTUS THE MORTGAGE POOL ASSIGNMENT OF THE MORTGAGELOANS THE TRUSTEE POOLING AND SERVICING AGREEMENT ARTICLE II CONVEYANCE OF MORTGAGE LOANS ARTICLE VIII CONCERNING THE TRUSTEE NEW YORK STATE TRUST LAW

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SECTION 3: SECURITIES ANALYSES


LOAN FIND USING SECURITIES TRACKING SOFTWARE LOAN LEVEL DATA OVERALL SUMMARY SECURITIZATION STRUCTURE

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20 20 22 23

SECTION 4: RECORDED DOCUMENTS


CHAIN OF TITLE AND NOTE NOTIFICATION OF ASSIGNMENT PER TILA

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SECTION 5: LOAN IDENTIFICATION


MERS LOOKUP MERS ANALYSIS ABOUT MERS FANNIE MAE LOAN LOOKUP FREDDIE MAC LOAN LOOKUP

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SECTION 6: CONCLUDING REMARKS AND ANALYSIS


DECLARATION OF FACTS NOTARY ACKNOWLEDGEMENT

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SECTION 1: TRANSACTION DETAILS BORROWER & CO-BORROWER


BORROWER CO-BORROWER

CURRENT ADDRESS

SUBJECT ADDRESS

TRANSACTION PARTICIPANTS
MORTGAGE BROKER N/A ORIGINAL MORTGAGE LENDER MORTGAGE SERVICER SELECT PORTFOLIO SERVICING (SPS) MORTGAGE TRUSTEE CALIFORNIA RECONVEYANCE COMPANY, A CA COMPANY MORTGAGE NOMINEE/BENEFICIARY WASHINGTON MUTUAL BANK FA TITLE COMPANY

WASHINGTON MUTUAL BANK FA

UNKNOWN

SECTION 2: LOAN SUMMARY AND SECURITIZATION PARTICIPANTS LOAN INFORMATION


CLOSE DATE: LOAN AMOUNT: OCCUPANCY: LOAN PROGRAM: MARCH 20, 2006 $1,900,000.00 OWNER OCCUPIED NEGATIVE AMORTIZATION STARTING INTEREST RATE: STARTING MORTGAGE PAYMENT: TRANSACTION TYPE: LOAN NUMBER: 1.625% (NOTE) $6,671 (NOTE) REFINANCE XXXXXXXXXXX (NOTE)

SECURITIZATION PARTICIPANTS
TRUE LENDER 1. 2. 3. 4. SPONSOR/SELLER COUNTRYWIDE PARK GRANADA PARK MONACO PARK SIENNA TRUSTEE DEPOSITOR

WASHINGTON MUTUAL BANK FA

CWALT, INC

ISSUING ENTITY ALTERNATIVE LOAN TRUST 2006-OA6 (CWALT 2006-OA6) CUSTODIAN

MASTER SERVICER/ SERVICER/TRUST ADMIN COUNTRYWIDE HOME LOANS SERVICING LP

BANK OF NEW YORK

CUT OFF DATE

CLOSING DATE

UNKNOWN

APRIL 01, 2006

CWALT 2006-OA6

PROSPECTUS
[Examiner Notes: The following sections are language that has been extracted in part from the Prospectus and Pooling and Servicing Agreements of the above referenced R.E.M.I.C Trust filed with the Securities and Exchange Commission. Highlights are added to emphasize areas of significant importance.]

PROSPECTUS SUPPLEMENT (To Prospectus dated March 27, 2006) $1,034,375,100 (Approximate) CWALT, INC. Depositor [LOGO] Countrywide(R) --------------------HOME LOANS Sponsor and Seller Countrywide Home Loans Servicing LP Master Servicer Alternative Loan Trust 2006-OA6 Issuing Entity Mortgage Pass-Through Certificates, Series 2006-OA6 Distributions payable monthly, beginning May 25, 2006 ---------The Mortgage Pool General The depositor, CWALT, Inc. (the "depositor"), will purchase the mortgage loans in the mortgage pool (which are together referred to as the "MortgageLoans") from Countrywide Home Loans, Inc. ("Countrywide Home Loans") and one or more other sellers affiliated with Countrywide Financial Corporation (each of which is referred to as a "seller" and together they are referred to as the "sellers"), pursuant to a pooling and servicing agreement dated as of April 1, 2006 (the "pooling and servicing agreement") among the sellers, Countrywide Home Loans Servicing LP, as master servicer (the "master servicer"), the depositor and The Bank of New York, as trustee (the "trustee"), and will cause the Mortgage Loans to be assigned to the trustee for the benefit of the holders of the certificates. Each seller, other than Countrywide Home Loans, will be a special purpose entity established by Countrywide Financial Corporation or one or more of its subsidiaries, which will sell mortgage loans previously acquired from Countrywide Home Loans. In this prospectus supplement, the Mortgage Loans in Loan Group 1 are referred to as the "Group 1 Mortgage Loans" and the Mortgage Loans in Loan Group 2 are referred to as the "Group 2 Mortgage Loans".

Under the pooling and servicing agreement, Countrywide Home Loans will make certain representations, warranties and covenants to the depositor relating to, among other things, the due execution and enforceability of the pooling and servicing agreement and certain characteristics of the Mortgage Loans. In addition, each of the sellers will represent and warrant that, prior to the sale of the related Mortgage Loans to the depositor, the applicable seller had good title to the Mortgage Loans sold by it, was the sole owner of those Mortgage Loans free and clear of any pledge, lien, encumbrance or other security interest and had full right and authority, subject to no interest or participation of, or agreement with, any other party, to sell and assign those Mortgage Loans pursuant to the pooling S-31 424B5 32nd Page of 256 TOC 1st Previous Next Bottom Just 32nd

and servicing agreement. Subject to the limitations described in the next sentence and under "-Assignment of the Mortgage Loans," Countrywide Home Loans (or the related seller, in the case of the representation regarding good title) will be obligated to repurchase or substitute a similar mortgage loan for any Mortgage Loan as to which there exists deficient documentation or as to which there has been an uncured breach of any representation or warranty relating to the characteristics of the Mortgage Loans that materially and adversely affects the interests of the certificateholders in that Mortgage Loan. Countrywide Home Loans will represent and warrant to the depositor in the pooling and servicing agreement that the Mortgage Loans were selected from among the outstanding one- to four-family mortgage loans in Countrywide Home Loans' portfolio as to which the representations and warranties set forth in the pooling and servicing agreement can be made and that the selection was not made in a manner intended to affect the interests of the certificateholders adversely. See "LoanProgram--Representations by Sellers; Repurchases" in the prospectus. Under the pooling and servicing agreement, the depositor will assign all of its right, title and interest in the representations, warranties and covenants (including the sellers' repurchase or substitution obligations) to the trustee for the benefit of the certificateholders. The depositor will represent that following the transfer of the mortgage loans to it by the sellers, the depositor had good title to the mortgage loans and that each of the mortgage notes was subject to no offsets, defenses or counterclaims. The depositor will make no other representations or warranties with respect to the mortgage loans and will have no obligation to repurchase or substitute mortgage loans with deficient documentation or which are otherwise defective. The sellers are selling the Mortgage Loans without recourse and will have no obligation with respect to the certificates in their respective capacities as sellers other than the repurchase or substitution obligation described above. The obligations of the master servicer with respect to the certificates are limited to the master servicer's contractual servicing obligations under the pooling and servicing agreement. The statistical information with respect to the Mortgage Loans set forth in this prospectus supplement is based on the Stated Principal Balance of the Mortgage Loans as of the later of (x) April 1, 2006 and (y) the date of origination of each Mortgage Loan referred to as the "cut-off date". The depositor believes that the cut-off date information set forth in this prospectus supplement regarding the Mortgage Loans is representative of the characteristics of the Mortgage Loans. Certain Mortgage Loans, however, may prepay or may be determined not to meet the eligibility requirements for inclusion in the final pool. A limited number of mortgage

loans may be added to or substituted for the Mortgage Loans described in this prospectus supplement, although any addition or substitution will not result in a material difference in the pool of Mortgage Loans. As a result, the cut-off date information regarding the Mortgage Loans delivered on the closing date will vary somewhat from the cut-off date information regarding the Mortgage Loans presented in this prospectus supplement. Assignment of the Mortgage Loans Pursuant to the pooling and servicing agreement, on the closing date, the depositor will sell, transfer, assign, set over and otherwise convey without recourse to the trustee in trust for the benefit of the certificateholders all right, title and interest of the depositor in and to each Mortgage Loan and all right, title and interest in and to all other assets included in Alternative Loan Trust 2006-OA6, including all principal and interest received on or with respect to the Mortgage Loans, but not any principal and interest due on or before the cut-off date. In connection with the transfer and assignment of a Mortgage Loan, the depositor will deliver or cause to be delivered to the trustee, or a custodian for the trustee, the mortgage file, which contains among other things, o the original mortgage note (and any modification or amendment to it) endorsed in blank without recourse, except that the depositor may deliver or cause to be delivered a lost note affidavit in lieu of any original mortgage note that has been lost; o the original instrument creating a first lien on the related mortgaged property with evidence of recording indicated thereon or a copy of such instrument; o an assignment in recordable form of the mortgage or a copy of such assignment;

o the original or a copy of the title policy with respect to the related mortgaged property; and o if applicable, all recorded intervening assignments of the mortgage or copies thereof and any riders or modifications to the mortgage note and mortgage or copies thereof (except for any documents not returned from the public recording office, which will be delivered to the trustee as soon as the same is available to the depositor). With respect to up to 50% of the Mortgage Loans in each Loan Group, the depositor may deliver all or a portion of each related mortgage file to the trustee not later than thirty days after the closing date. Assignments of the mortgage loans to the trustee (or its nominee) will be recorded in the appropriate public office for real property records, except in states such as California where in the opinion of counsel recording is not required to protect the trustee's interests in the mortgage loan against the claim of any subsequent transferee or any successor to or creditor of the depositor or any seller or a transferor, as the case may be. The trustee will hold the mortgage loan documents in trust for the benefit of the holders of the certificates in accordance with its customary procedures, including storing the documents in fire-resistant facilities. The trustee will review each mortgage file relating to the Mortgage Loans delivered to it on the closing date within 90 days of the closing date (or promptly after the trustee's receipt of any document permitted to be delivered after the closing date) and if any document in a mortgage file is found to be missing or defective in a material respect and Countrywide Home Loans does not cure the defect within 90 days of notice of the defect from

the trustee (or within such longer period not to exceed 720 days after the closing date as provided in the pooling and servicing agreement in the case of missing documents not returned from the public recording office), Countrywide Home Loans will be obligated to repurchase the related mortgage loan from the issuing entity at the purchase price described in the prospectus under "Loan Program - Representations by Sellers; Repurchases." Rather than repurchase the mortgage loan as provided above, Countrywide Home Loans may remove the mortgage loan (referred to as a "deleted mortgage loan") from the issuing entity and substitute in its place another mortgage loan (referred to as a "replacement mortgage loan"); however, such a substitution is permitted only within two years of the closing date and may not be made unless an opinion of counsel is provided to the trustee to the effect that such a substitution will not disqualify any REMIC or result in a prohibited transaction tax under the Internal Revenue Code of 1986, as amended (the "Code"). Any replacement mortgage loan generally will, on the date of substitution, among other characteristics set forth in the pooling and servicing agreement, o have a principal balance, after deduction of all scheduled payments due in the month of substitution, not in excess of, and not less than 90% of, the Stated Principal Balance of the deleted mortgage loan (the amount of any shortfall to be deposited by Countrywide Home Loans in the Certificate Account and held for S-71 424B5 72nd Page of 256 TOC 1st Previous Next Bottom Just 72nd

distribution to the certificateholders on the related Distribution Date (referred to as a "Substitution Adjustment Amount")), o have a Maximum Mortgage Rate no lower than, and not more than 1% per annum higher than the Maximum Mortgage Rate of the deleted mortgage loan, o have a Minimum Mortgage Rate no lower than, and not more than 1% per annum higher than the Minimum Mortgage Rate of the deleted mortgage loan, o have the same Mortgage Index, reset period, payment cap and recast provisions as the deleted mortgage loan and a Gross Margin not more than 1% per annum higher or lower than that of the deleted mortgage loan, o have a current Mortgage Rate not lower than, and not more than 1% per annum higher than that of the deleted mortgage loan, o have a Loan-to-Value Ratio not higher than that of the deleted mortgage loan,

o have a remaining term to maturity not greater than (and not more than one year less than) that of the deleted mortgage loan, and o comply with all of the representations and warranties set forth in the pooling and servicing agreement as of the date of substitution.

This cure, repurchase or substitution obligation constitutes the sole remedy available to certificateholders or the trustee for omission of, or a material defect in, a mortgage loan document. Notwithstanding the foregoing, in lieu of providing the duly executed assignment of the mortgage to the trustee or copies thereof and the original recorded assignment or assignments of the mortgage together with all interim recorded assignments of such mortgage or copies thereof, above, the depositor may at its discretion provide evidence that the related mortgage is held through the MERS(R) System. In addition, the mortgages for some or all of the mortgage loans in the issuing entity that are not already held through the MERS(R) System may, at the discretion of the master servicer, in the future be held through the MERS(R) System. For any mortgage held through the MERS(R) System, the mortgage is recorded in the name of Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the owner of the mortgage loan, and subsequent assignments of the mortgage were, or in the future may be, at the discretion of the master servicer, registered electronically through the MERS(R) System. For each of these mortgage loans, MERS serves as mortgagee of record on the mortgage solely as a nominee in an administrative capacity on behalf of the trustee, and does not have any interest in the mortgage loan. The Trustee The Bank of New York will be the trustee under the pooling and servicing agreement. The Bank of New York has been, and currently is, serving as indenture trustee and trustee for numerous securitization transactions and programs involving pools of residential mortgages. The depositor, Countrywide Home Loans and any unaffiliated seller have, and may in the future may maintain, other banking relationships in the ordinary course of business with the trustee. The offered certificates may be surrendered at the corporate trust office of the trustee located at 101 Barclay Street, 8W, New York, New York 10286, Attention: Corporate Trust Administration or another address that the trustee may designate from time to time. S-123 424B5 124th Page of 256 TOC 1st Previous Next Bottom Just 124th

The trustee will be liable for its own negligent action, its own negligent failure to act or its own willful misconduct. However, the trustee will not be liable, individually or as trustee, o for an error of judgment made in good faith by a responsible officer of the trustee, unless the trustee was negligent in ascertaining the pertinent facts, o with respect to any action taken, suffered or omitted to be taken by it in good faith in accordance with the direction of the holders of certificates evidencing not less than 25% of the Voting Rights of the certificates relating to the time, method and place of conducting any proceeding for any remedy available to the trustee, or exercising any trust or power conferred upon the trustee under the pooling and servicing agreement, o for any action taken, suffered or omitted by it under the pooling and servicing agreement in good faith and in accordance with an opinion of counsel or believed by the trustee

to be authorized or within the discretion or rights or powers that it has under the pooling and servicing agreement, or o for any loss on any investment of funds pursuant to the pooling and servicing agreement (other than as issuer of the investment security). The trustee is also entitled to rely without further investigation upon any resolution, officer's certificate, certificate of AUDITORs or any other certificate, statement, instrument, opinion, report, notice, request, consent, order, appraisal, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The trustee and any successor trustee will, at all times, be a corporation or association organized and doing business under the laws of a state or the United States of America, authorized under the laws of the United States of America to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by a federal or state authority and with a credit rating that would not cause any of the Rating Agencies to reduce or withdraw their respective then-current ratings of any class of certificates (or having provided security from time to time as is sufficient to avoid the reduction). If the trustee no longer meets the foregoing requirements, the trustee has agreed to resign immediately. The trustee may at any time resign by giving written notice of resignation to the depositor, the master servicer, each Rating Agency and the certificateholders, not less than 60 days before the specified resignation date. The resignation shall not be effective until a successor trustee has been appointed. If a successor trustee has not been appointed within 30 days after the trustee gives notice of resignation, the resigning trustee may petition any court of competent jurisdiction for the appointment of a successor trustee. 424b5 Prospectus http://www.secinfo.com/dr66r.v17h.htm#toc

POOLING AND SERVICING AGREEMENT


Exhibit 99.1 ================= CWALT, INC., Depositor COUNTRYWIDE HOME LOANS, INC., Seller PARK GRANADA LLC, Seller PARK MONACO INC., Seller PARK SIENNA LLC, Seller COUNTRYWIDE HOME LOANS SERVICING LP, Master Servicer and THE BANK OF NEW YORK, Trustee ----------------------------------POOLING AND SERVICING AGREEMENT Dated as of April 1, 2006 ----------------------------------ALTERNATIVE LOAN TRUST 2006-OA6 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA6 =================

ARTICLE II CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS AND WARRANTIES SECTION 2.01. Conveyance of Mortgage Loans (a) Each Seller, concurrently with the execution and delivery of this Agreement, hereby sells, transfers, assigns, sets over and otherwise conveys to the Depositor, without recourse, all its respective right, title and interest in and to the related Mortgage Loans, including all interest and principal received or receivable by such Seller, on or with respect to the applicable Mortgage Loans after the Cut-off Date and all interest and principal payments on the related Mortgage Loans received prior to the Cut-off Date in respect of installments of interest and principal due thereafter, but not including payments of principal and interest due and payable on such Mortgage Loans on or before the Cut-off Date. On or prior to the Closing Date, Countrywide shall deliver to the Depositor or, at the Depositor's direction, to the Trustee or other designee of the Depositor, the Mortgage File for each Mortgage Loan listed in the Mortgage Loan Schedule (except that, in the case of the Delay Delivery Mortgage Loans (which may include Countrywide Mortgage Loans, Park Granada Mortgage Loans, Park Monaco Mortgage Loans or Park Sienna Mortgage Loans), such delivery may take place within thirty (30) days following the Closing Date). Such delivery of the Mortgage Files shall be made against payment by the Depositor of the purchase price, previously agreed to by the Sellers and Depositor, for the Mortgage Loans. With respect to any Mortgage Loan that does not have a first payment date on or before the Due Date in the month of the first applicable Distribution Date, Countrywide shall deposit into the Distribution Account on or before the Distribution Account Deposit Date relating to the first Distribution Date, an amount equal to one month's interest at the related Adjusted Mortgage Rate on the Cut-off Date Principal Balance of such Mortgage Loan. (b) Immediately upon the conveyance of the Mortgage Loans referred to in clause (a), the Depositor sells, transfers, assigns, sets over and otherwise conveys to the Trustee for the benefit of the Certificateholders, without recourse, all the right, title and interest of the Depositor in and to the Trust Fund together with the Depositor's right to require each Seller to cure any breach of a representation or warranty made in this Agreement by such Seller or to repurchase or substitute for any affected Mortgage Loan in accordance herewith. (c) In connection with the transfer and assignment set forth in clause (b) above, the Depositor has delivered or caused to be delivered to the Trustee (or, in the case of the Delay Delivery Mortgage Loans, will deliver or cause to be delivered to the Trustee within thirty (30) days following the Closing Date) for the benefit of the Certificateholders the following documents or instruments with respect to each Mortgage Loan so assigned: (i) (A) the original Mortgage Note endorsed by manual or facsimile signature in blank in the following form: "Pay to the order of ____________ without recourse," with all intervening endorsements showing a complete chain of endorsement from the originator to the Person endorsing the Mortgage Note (each such endorsement being sufficient to transfer all right, title and interest of the party so endorsing, as noteholder or assignee thereof, in and to that Mortgage Note); or 46

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(B) with respect to any Lost Mortgage Note, a lost note affidavit from Countrywide stating that the original Mortgage Note was lost or destroyed, together with a copy of such Mortgage Note; (ii) except as provided below and for each Mortgage Loan that is not a MERS Mortgage Loan, the original recorded Mortgage or a copy of such Mortgage, with recording information, (or, in the case of a Mortgage for which the related Mortgaged Property is located in the Commonwealth of Puerto Rico, a true copy of the Mortgage certified as such by the applicable notary) and in the case of each MERS Mortgage Loan, the original Mortgage or a copy of such mortgage, with recording information, noting the presence of the MIN of the Mortgage Loans and either language indicating that the Mortgage Loan is a MOM Loan if the Mortgage Loan is a MOM Loan or if the Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment thereof to MERS, with evidence of recording indicated thereon, or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded; (iii) in the case of each Mortgage Loan that is not a MERS Mortgage Loan, a duly executed assignment of the Mortgage or a copy of such assignment, with recording information, (which may be included in a blanket assignment or assignments), together with, except as provided below, all interim recorded assignments of such mortgage or a copy of such assignment, with recording information, (each such assignment, when duly and validly completed, to be in recordable form and sufficient to effect the assignment of and transfer to the assignee thereof, under the Mortgage to which the assignment relates); provided that, if the related Mortgage has not been returned from the applicable public recording office, such assignment of the Mortgage may exclude the information to be provided by the recording office; provided, further, that such assignment of Mortgage need not be delivered in the case of a Mortgage for which the related Mortgaged Property is located in the Commonwealth of Puerto Rico; (iv) the original or copies of each assumption, modification, written assurance or substitution agreement, if any; (v) except as provided below, the original or a copy of lender's title policy or a printout of the electronic equivalent and all riders thereto; and (vi) in the case of a Cooperative Loan, the originals of the following documents or instruments: (A) The Coop Shares, together with a stock power in blank; (B) The executed Security Agreement;

(C) The executed Proprietary Lease; (D) The executed Recognition Agreement; 47 EX-99.1 55th Page of 257 TOC 1st Previous Next Bottom Just 55th

(E) The executed UCC-1 financing statement with evidence of recording thereon which have been filed in all places required to perfect the applicable Seller's interest in the Coop Shares and the Proprietary Lease; and (F) The executed UCC-3 financing statements or other appropriate UCC financing statements required by state law, evidencing a complete and unbroken line from the mortgagee to the Trustee with evidence of recording thereon (or in a form suitable for recordation). In addition, in connection with the assignment of any MERS Mortgage Loan, each Seller agrees that it will cause, at the Trustee's expense, the MERS(R) System to indicate that the Mortgage Loans sold by such Seller to the Depositor have been assigned by that Seller to the Trustee in accordance with this Agreement for the benefit of the Certificateholders by including (or deleting, in the case of Mortgage Loans which are repurchased in accordance with this Agreement) in such computer files the information required by the MERS(R) System to identify the series of the Certificates issued in connection with such Mortgage Loans. Each Seller further agrees that it will not, and will not permit the Master Servicer to, and the Master Servicer agrees that it will not, alter the information referenced in this paragraph with respect to any Mortgage Loan sold by such Seller to the Depositor during the term of this Agreement unless and until such Mortgage Loan is repurchased in accordance with the terms of this Agreement. In the event that in connection with any Mortgage Loan that is not a MERS Mortgage Loan the Depositor cannot deliver (a) the original recorded Mortgage or a copy of such mortgage, with recording information, or (b) all interim recorded assignments or a copy of such assignments, with recording information, or (c) the lender's title policy or a copy of lender's title policy (together with all riders thereto) satisfying the requirements of clause (ii), (iii) or (v) above, respectively, concurrently with the execution and delivery of this Agreement because such document or documents have not been returned from the applicable public recording office in the case of clause (ii) or (iii) above, or because the title policy has not been delivered to either the Master Servicer or the Depositor by the applicable title insurer in the case of clause (v) above, the Depositor shall promptly deliver to the Trustee, in the case of clause (ii) or (iii) above, such original Mortgage or a copy of such mortgage, with recording information, or such interim assignment or a copy of such assignments, with recording information, as the case may be, with evidence of recording indicated thereon upon receipt thereof from the public recording office, or a copy thereof, certified, if appropriate, by the relevant recording office, but in no event shall any such delivery of the original Mortgage and each such interim assignment or a copy thereof, certified, if appropriate, by the relevant recording office, be made later than one year following the Closing Date, or, in the case of clause (v) above, no later than 120 days following the

Closing Date; provided, however, in the event the Depositor is unable to deliver by such date each Mortgage and each such interim assignment by reason of the fact that any such documents have not been returned by the appropriate recording office, or, in the case of each such interim assignment, because the related Mortgage has not been returned by the appropriate recording office, the Depositor shall deliver such documents to the Trustee as promptly as possible upon receipt thereof and, in any event, within 720 days following the Closing Date. The Depositor shall forward or cause to be forwarded to the Trustee (a) from time to time additional original documents evidencing an assumption or modification of a Mortgage Loan and (b) any other documents required to be delivered by the Depositor or the Master Servicer to the Trustee. In the 48 EX-99.1 56th Page of 257 TOC 1st Previous Next Bottom Just 56th

event that the original Mortgage is not delivered and in connection with the payment in full of the related Mortgage Loan and the public recording office requires the presentation of a "lost instruments affidavit and indemnity" or any equivalent document, because only a copy of the Mortgage can be delivered with the instrument of satisfaction or reconveyance, the Master Servicer shall execute and deliver or cause to be executed and delivered such a document to the public recording office. In the case where a public recording office retains the original recorded Mortgage or in the case where a Mortgage is lost after recordation in a public recording office, Countrywide shall deliver to the Trustee a copy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage. As promptly as practicable subsequent to such transfer and assignment, and in any event, within thirty (30) days thereafter, the Trustee shall (i) as the assignee thereof, affix the following language to each assignment of Mortgage: "CWALT, Inc., Series 2006-OA6, The Bank of New York, as trustee", (ii) cause such assignment to be in proper form for recording in the appropriate public office for real property records and (iii) cause to be delivered for recording in the appropriate public office for real property records the assignments of the Mortgages to the Trustee, except that, with respect to any assignments of Mortgage as to which the Trustee has not received the information required to prepare such assignment in recordable form, the Trustee's obligation to do so and to deliver the same for such recording shall be as soon as practicable after receipt of such information and in any event within thirty (30) days after receipt thereof and that the Trustee need not cause to be recorded any assignment which relates to a Mortgage Loan (a) the Mortgaged Property and Mortgage File relating to which are located in California or (b) in any other jurisdiction (including Puerto Rico) under the laws of which in the opinion of counsel the recordation of such assignment is not necessary to protect the Trustee's and the Certificateholders' interest in the related Mortgage Loan. In the case of Mortgage Loans that have been prepaid in full as of the Closing Date, the Depositor, in lieu of delivering the above documents to the Trustee, will deposit in the Certificate Account the portion of such payment that is required to be deposited in the Certificate Account pursuant to Section 3.05. Notwithstanding anything to the contrary in this Agreement, within thirty (30) days after the Closing Date with respect to the Mortgage Loans, Countrywide (on its own behalf and on behalf of Park Granada, Park Monaco and Park Sienna) shall either (i) deliver to the Depositor, or at

the Depositor's direction, to the Trustee or other designee of the Depositor the Mortgage File as required pursuant to this Section 2.01 for each Delay Delivery Mortgage Loan or (ii) either (A) substitute a Substitute Mortgage Loan for the Delay Delivery Mortgage Loan or (B) repurchase the Delay Delivery Mortgage Loan, which substitution or repurchase shall be accomplished in the manner and subject to the conditions set forth in Section 2.03 (treating each Delay Delivery Mortgage Loan as a Deleted Mortgage Loan for purposes of such Section 2.03); provided, however, that if Countrywide fails to deliver a Mortgage File for any Delay Delivery Mortgage Loan within the thirty (30)-day period provided in the prior sentence, Countrywide (on its own behalf and on behalf of Park Granada, Park Monaco and Park Sienna) shall use its best reasonable efforts to effect a substitution, rather than a repurchase of, such Deleted Mortgage Loan and provided further that the cure period provided for in Section 2.02 or in Section 2.03 shall not apply to the initial delivery of the Mortgage File for such Delay Delivery Mortgage Loan, but rather Countrywide (on its own behalf and on behalf of Park Granada, Park Monaco and Park Sienna) shall have five (5) Business Days to cure such failure to deliver. At the end of 49 EX-99.1 57th Page of 257 TOC 1st Previous Next Bottom Just 57th

such thirty (30)-day period the Trustee shall send a Delay Delivery Certification for the Delay Delivery Mortgage Loans delivered during such thirty (30)-day period in accordance with the provisions of Section 2.02. (d) Neither the Depositor nor the Trust will acquire or hold any Mortgage Loan that would violate the representations made by Countrywide set forth in clauses (50) or (51) of Schedule III-A hereto. ARTICLE VIII CONCERNING THE TRUSTEE SECTION 8.01. Duties of Trustee. The Trustee, prior to the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred and remains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. The Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee that are specifically required to be furnished pursuant to any provision of this Agreement shall examine them to determine whether they are in the form required by this Agreement; provided, however, that the Trustee shall not be responsible for the accuracy or content of any such resolution, certificate, statement, opinion, report, document, order or other instrument. No provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:

(i) unless an Event of Default known to the Trustee shall have occurred and be continuing, the duties and obligations of the Trustee shall be determined solely by the express provisions of this Agreement, the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Agreement, no implied covenants or obligations shall be read into this Agreement against the Trustee and the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Agreement which it believed in good faith to be genuine and to have been duly executed by the proper authorities respecting any matters arising hereunder; (ii) the Trustee shall not be liable for an error of judgment made in good faith by a Responsible Officer or Responsible Officers of the Trustee, unless it shall be finally proven that the Trustee was negligent in ascertaining the pertinent facts; (iii) the Trustee shall not be liable with respect to any action taken, suffered or omitted to be taken by it in good faith in accordance with the direction of Holders of Certificates evidencing not less than 25% of the Voting Rights of Certificates relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Agreement; and (iv) without in any way limiting the provisions of this Section 8.01 or Section 8.02, the Trustee shall be entitled to rely conclusively on the information delivered to it by the Master Servicer in a Trustee Advance Notice in determining whether it is required 100 EX-99.1 108th Page of 257 TOC 1st Previous Next Bottom Just 108th

to make an Advance under Section 4.01(b), shall have no responsibility to ascertain or confirm any information contained in any Trustee Advance Notice, and shall have no obligation to make any Advance under Section 4.01(b) in the absence of a Trustee Advance Notice or actual knowledge of a Responsible Officer of the Trustee that (A) such Advance was not made by the Master Servicer and (B) such Advance is not a Nonrecoverable Advance. Pooling ad Servicing (PSA) http://www.secinfo.com/drjtj.v431.d.htm#1stPage

NEW YORK STATE TRUST LAW


NY Estates, Powers and Trust Law 7-1.18 Trust Asset Unless an asset is transferred into a lifetime trust, the asset does not become trust property. NY Estates, Powers and Trust Law 7-2.4. Trustees Duties A trustees act that is contrary to the trust agreement is void. NY Estates, Powers and Trust Law 5-1401. Choice of law. 1. The parties to any contract, agreement or undertaking, contingent or otherwise, in consideration of, or relating to any obligation arising out of a transaction covering in the aggregate not less than two hundred fifty thousand dollars, including a transaction otherwise covered by subsection one of section 1-105 of the uniform commercial code, may agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state. This section shall not apply to any contract, agreement or undertaking (a) for labor or personal services, (b) relating to any transaction for personal, family or household services, or (c) to the extent provided to the contrary in subsection two of section 1-105 of the uniform commercial code. 2. Nothing contained in this section shall be construed to limit or deny the enforcement of any provision respecting choice of law in any other contract, agreement or undertaking. NY Estates, Powers and Trust Law 5-1402. Choice of forum. 1. Notwithstanding any act which limits or affects the right of a person to maintain an action or proceeding, including, but not limited to, paragraph (b) of section thirteen hundred fourteen of the business corporation law and subdivision two of section two hundred-b of the banking law, any person may maintain an action or proceeding against a foreign corporation, non-resident, or foreign state where the action or proceeding arises out of or relates to any contract, agreement or undertaking for which a choice of New York law has been made in whole or in part pursuant to section 5-1401 and which (a) is a contract, agreement or undertaking, contingent or otherwise, in consideration of, or relating to any obligation arising out of a transaction covering in the aggregate, not less than one million dollars, and (b) which contains a provision or provisions whereby such foreign corporation or non-resident agrees to submit to the jurisdiction of the courts of this state. 2. Nothing contained in this section shall be construed to affect the enforcement of any provision respecting choice of forum in any other contract, agreement or undertaking.

SECTION 3: SECURITIES ANALYSIS


1. The contents of this report are factual, but it is provided for informational purposes only and is not to be construed as "legal advice." 2. On February 6, 2013, I researched the SECURITIES TRACKING SYSTEM online Database at the request of the BORROWER whose property address is noted herein above. 3. Based on the information I have received, BORROWER signed a Note with WASHINGTON MUTUAL BANK FA on MARCH 20, 2006 with Loan Number XXXXXXXXXXXXX (NOTE). 4. Loan Number 132468788 was identified in CWALT 2006-OA6, the Master Servicer being COUNTRYWIDE HOME LOAN SERVICING LP, the Seller/Sponsors being SEE PARTIES ON PAGE 5, and the Depositor being CWALT, INC. 5. The basis of the identification of Loan Number 132468788 in CWALT 2006-OA6 is based on the following factors/information from "CWALT 2006-OA6" that corresponds exactly with BORROWERs loan documents that are in my possession: Original Amount: $1,900,000.00; Origination Date: MARCH 20, 2006; Interest Rate: 1.5%; Loan Type: NEG AM-ARM LOAN; Location of Property: AZ; Property Type: Single Family Residence; Occupied By: OWNER OCCUPIED; Zip Code XXXXX 6. BORROWERs Note was split-apart or fractionalized, as separate accounting entities, and deposited separately into separate Classes. Each Class is insured up to 30 times the face value of each Note therein, which is permissible under the Federal Reserve System. 7. Pursuant to my extensive SECURITIES TRACKING SOFTWARE research, I found Loan Number 132468788 in 9 Classes of the CWALT 2006-OA6 Trust. These Classes represent the sections that the CWALT 2006-OA6 Trust is divided into. Individuals invest in these Classes based on their desired maturities. The CWALT 2006-OA6 Trust pays interest, usually monthly, to investors and principal payments are paid out in the order of the maturity. 8. Below you will find the identification of the loan number in SECURITIES TRACKING SOFTWARE and the classes the CWALT 2006-OA6 Trust has been divided into and their CUSIP number which is a 9-character alphanumeric code identifying any North American security for the purpose of facilitating clearing and settlement of trades.

LOAN FOUND USING SECURITIES TRACKING SOFTWARE


LOAN FOUND IN SECURITIES TRACKING SOFTWARE

LOAN LEVEL DATA

SOURCE: SECURITIES TRACKING SOFTWARE

9. There are a total of 19 classes in CWALT 2006-OA6. 10. Loan Number 132468788 is in 9 of the Classes. 11. Of the 9 Classes Loan Number 132468788 is in, 2 of them have been paid off. 12. Based on the documented information I received from BORROWER that was executed by FORECLOSING PARTY the property being foreclosed by FORECLOSING PARTY. Without passing an opinion on the matter, such an action by FORECLOSING PARTY is in direct conflict with the current information provided by SECURITIES TRACKING SOFTWARE, which is heavily relied upon by investment professionals worldwide as being trustworthy. BORROWERs Note could not have been in the possession of FORECLOSING PARTY and be in the CWALT 2006-OA6 at the time of the foreclosure.

13. Generally, if the Deed of Trust and the Note are not together with the same entity, there can be no legal enforcement of the Note. Deed of Trust enforces the Note, and provides the capability for the lender to foreclose on the property. Thus, if the Deed of Trust and the Note are separated, foreclosure legally cannot occur: The Note cannot be enforced by the Deed of Trust if each contains a different mortgagee/beneficiary; and, if the Deed of Trust is not itself a legally enforceable instrument, there can be no valid foreclosure on the homeowners' property. 14. No Entity can be a CREDITOR if they do not hold/own the asset in question (i.e. the NOTE and/or the property); a Mortgage Pass Through Trust (i.e. R.E.M.I.C., as defined in Title 26, Subtitle A, Chapter 1, Subchapter M, Part II 850-862) cannot hold assets, for if they do, their tax exempt status is violated and the Trust itself is void ab initio. Therefore, either the Trust has either voided its intended Tax Free Status, or the asset is not in fact owned by it. 15. Since the loan was sold, pooled and turned into a security, the alleged holder, FORECLOSING PARTY can no longer claim that it is a real party of interest, as the original lender has been paid in full. 16. Moreover, once the Note was converted into a stock, or stock equivalent, it is no longer a Note. If both the Note and the stock, or stock equivalent, exist at the same time, that is known as double dipping. Double dipping is a form of securities fraud. 17. Once a loan has been securitized, which the aforementioned loan had been many times, it forever loses its security component (i.e., the Mortgage/Deed of Trust), and the right to foreclose through the Deed of Trust is forever lost. 18. The Promissory Note has been converted into a stock as a permanent fixture. It is now a stock and governed as a stock under the rules and regulations of the SEC; hence, the requirement for the filings of the registration statements, pooling and servicing agreements, form 424B-5, etc. There is no evidence on Record to indicate that the Deed of Trust was ever transferred concurrently with the purported legal transfer of the Note, such that the Deed of Trust and Note has been irrevocably separated, thus making a nullity out of the purported security in a property, as claimed (Federal Rules of Evidence Rules 901 & 902).

OVERALL SUMMARY OF SECURITIES TRACKING SOFTWARE ANALYSIS


It appears the foreclosing party: Is not in possession of a properly assigned Deed of Trust or endorsed Note. Participated in manipulation of transfer of rights in this foreclosure basing entitlement on false claims and had in reality evidenced no authority made by the true owner of this loan to do so. Supplied inaccurate documents. A conflict of interest that was not disclosed. Presented a faulty chain of title. This was a securitized loan based upon newly discovered evidence in SEC filings. There are undisclosed parties, undisclosed true sales, and undisclosed motives. There are documents by parties that demonstrate reverse engineering of the chain of title to appear as if the security interest is protected when in reality evidence provided proves it is not perfected. The obligation may have been unsecured at best. That is a legal question up to a judge. Investigation reveals that this was a securitized loan. The Assignment of Deed of Trust pretended to be a Party A to Party D transaction when in fact the foreclosing party was hiding the Party A to Party B, Party B to Party C, and Party C to Party D facts of true sales. They also hid the legal SEC filings, governing the transaction according to our findings. To be controlled by those SEC filings, the true original loan Note and Deed of Trust had to be provided by the Document Custodian certified to have been in possession of them on or about MAY 17, 2006. Because it was not, the claim of ownership by the Trust cannot be substantiated and the loan servicing rights not established at law by agreement. I supply this report as written testimony and am available for oral testimony.

SECURITIZATION STRUCTURE
THE CORRECT PROCESS OF SECURITIZATION

PARTY A ORIGINATOR/LENDER WASHINGTON MUTUAL BANK FA

PARTY B SPONSOR SEE PARTIES ON PAGE 5

1) 2) 3) 4) 5)

TRUE SALE LEGAL OPINIONS ASSET PURCHASE / SALE AGREEMENTS DELIVERY & ACCEPTANCE RECEIPTS COMPENSATION / MONEY CAPACITY OF PARTIES TO BUY AND SELL

PARTY D ISSUING ENTITY CWALT 2006-OA6

PARTY C DEPOSITOR CWALT, INC

HOW LENDERS SIDE-STEPPED THE PROCESS

PARTY A ORIGINATOR/LENDER WASHINGTON MUTUAL BANK FA

PARTY B SPONSOR SEE PARTIES ON PAGE 5

1) 2) 3) 4) 5)

TRUE SALE LEGAL OPINIONS ASSET PURCHASE / SALE AGREEMENTS DELIVERY & ACCEPTANCE RECEIPTS COMPENSATION / MONEY CAPACITY OF PARTIES TO BUY AND SELL

PARTY D ISSUING ENTITY CWALT 2006-OA6

PARTY C DEPOSITOR CWALT, INC

SECTION 4: RECORDED DOCUMENTS CHAIN OF TITLE AND NOTE


RECORDED CHAIN OF DEED OF TRUST POSSESSION DATE ORIGINATION DATE: MARCH 20, 2006 RECORDED DATE: MARCH 28, 2006 INSTRUMENT #: OFFICIAL RECORDS: MARICOPA COUNTY, AZ DOCUMENT CHAIN OF NOTE POSSESSION DATE NOTE HOLDER

DEED OF TRUST BORROWER(S): LENDER: WASHINGTON MUTUAL BANK FA ORIGINATION DATE: MARCH 20, 2006

LENDER: WASHINGTON MUTUAL BANK FA PRINCIPAL AMOUNT: $1,900,000.00

EXECUTION DATE: OCTOBER 03, 2006 RECORDED DATE: NOVEMBER 12, 2010 INSTRUMENT #: OFFICIAL RECORDS: MARICOPA COUNTY, AZ

ASSIGNMENT OF DEED OF TRUST EXECUTED BY: WASHINGTON MUTUAL BANK FA BENEFICIARY: WASHINGTON MUTUAL BANK FA SIGNED BY:

REMIC CLOSING DATE:

MAY 17, 2006

EXECUTION DATE: JULY 23, 2008 RECORDED DATE: DOCUMENT NOT RECORDED INSTRUMENT #: N/A OFFICIAL RECORDS: N/A

ASSIGNMENT OF MORTGAGE EXECUTED BY: WASHINGTON MUTUAL BANK FA BENEFICIARY: SELECT PORTFOLIO SERVICING, INC SIGNED BY:

EXECUTION DATE: MARCH 17, 2011 RECORDED DATE: MARCH 17, 2011 INSTRUMENT #: OFFICIAL RECORDS: MARICOPA COUNTY, AZ

NOTICE OF TRUSTEES SALE EXECUTED BY: FORECLOSING PARTY BENEFICIARY: SIGNED BY:

NOTIFICATION OF ASSIGNMENT, SALE OR TRANSFER OF MORTGAGE LOAN


Section 131(g) of the Truth in Lending Act (15 USC 1641)(TILA) This section was amended on May 19, 2009, to include a new provision requiring the assignee of a mortgage loan to notify a consumer borrower that the loan has been transferred. Section 131(g) requires the new owner or assignee of a mortgage loan must notify the borrower in writing within 30 days after the mortgage loan is sold or otherwise transferred. This notification must include the following: l. The assignee' s identity, address and phone number; 2. The date of transfer; 3. Contact information for an agent or party having authority to act on behalf of the assignee; 4. The location or the place where transfer of ownership of the debt is recorded; and, 5. Any other relevant information regarding the assignee. An Assignee that violates this notice requirement is subject to civil penalties under Section 130(a) of TILA. Further, effective July 31, 2009, the maximum penalty increased from $2000.00 to $4000.00 that an individual consumer may recover for each TILA violation in connection with a closed-end loan secured by real property or a dwelling increased. Additionally, TlLA Section 108 provides that "a violation of any requirement imposed under TILA shall be deemed a violation of a requirement imposed under [the FTC's Act]," regardless of whether a person committing a violation otherwise comes under the FTC's jurisdiction. For willful or knowing violations, a person may be fined up to $5,000 and/or imprisoned for up to one year, in accordance with Section 112 of TILA. The borrower may want to explore the option of pursuing WASHINGTON MUTUAL BANK FA for monetary damages for the violations of the TILA and FTC Acts.

SECTION 5: LOAN IDENTIFICATION MERS LOOKUP

OLD LOAN, NOT CURRENT MORTGAGE IN QUESTION

MERS ANALYSIS
The Mortgage shows MIN #1000157-0003353597-8 and MERS SERVICER ID website https://www.mers-servicerid.org/sis/search indicates that Bank of America, N.A. is the Servicer, and The Bank of New York Mellon as the Investor. Although MERS records an assignment in the real property records, the promissory note which creates the legal obligation to repay the debt is not negotiated to MERS. MERS is never entitled to receive a borrowers monthly payments, nor is MERS ever entitled to receive the proceeds of a foreclosure or deed of trust sale. MERS is never the owner of the promissory note for which it seeks foreclosure. MERS has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. MERS has no legal or beneficial interest in the mortgage indebtedness underlying the security instrument for which it serves as nominee. MERS has no interest at all in the promissory note evidencing the mortgage indebtedness. MERS is not a party to the alleged mortgage indebtedness underlying the security instrument for which it serves as nominee. MERS has no financial or other interest in whether or not a mortgage loan is repaid.

ABOUT MERS
The creation of MERS changed the lending process. Instead of the lender being the Beneficiary on the Deed of Trust/Mortgage, MERS was now named as either the Beneficiary or the Nominee for the Beneficiary on the Deed of Trust/Mortgage. The concept was that with MERS assuming this role, there would be no need for Assignments of the Deed of Trust, since MERS would be given the power of sale through the Deed of Trust. The naming of MERS as the Beneficiary meant that certain other procedures had to change. This was a result of the Note actually being made out to the lender, and not to MERS. Before explaining this change, it would be wise to explain the Securitization process. As mentioned previously, Securitization and MERS required many changes in established practices. These practices were not and have not been codified, so they are major points of contention today. One of the first issues to be addressed is the process by which MERS would foreclose on a property. This was solved through an unusual practice.

MERS has only 44 employees. They are all overhead, administrative or legal personnel. How could they handle the load of foreclosures, Assignments, etc to be

expected of a company with their duties and obligations? When a lender, title company, foreclosure company, or other firm signed up to become a member of MERS, one or more of their people were designated as Corporate Officers of MERS and given the title of either Assistant Secretary or Vice President. These personnel were not employed by MERS, nor received income from MERS. They were being named Officers solely for the purpose of signing foreclosure and other legal documents in the name of MERS. (Apparently, there are some agreements which authorize these people to act in an Agency manner for MERS.) This solved the issue of not having enough personnel to conduct necessary actions. It would be the Servicers, Trustees and Title Companies conducting the day-to-day operations needed for MERS to function as the foreclosing party. It was thought that this would provide MERS and their Corporate Officers with the legal standing to foreclose. However, this brought up another issue that now needed addressing:

When a Note is transferred, it must be endorsed and signed, in the manner of a person signing his paycheck over to another party. Customary procedure was to endorse it as Pay to the Order of to the name of the party taking the Note and then signed by the endorsing party. With a new party holding the Note, there would now need to be an Assignment of the Debt. This could not work if MERS was to be the foreclosing party.

In this particular instance the promissory note was made AMERICAS WHOLESALE LENDERS. No recorded document suggests that it has been endorsed to MERS or any other named entity. Once a name is placed into the endorsement of the Note, then that person has the beneficial interest in the Note. Any attempt by MERS to foreclose in the MERS name would result in a challenge to the foreclosure since the Note was owned by ABC and MERS was the Beneficiary. MERS would not have the legal standing to foreclose, since only the person of interest would have such authority. So, it was decided that the Note would be endorsed in blank, which effectively made the Note a Bearer Bond, and anyone holding the Note would have the legal standing to enforce the Note under Uniform Commercial Code. This would also suggest that Assignments would not be necessary. MERS has recognized the Note Endorsement problem and on their website and stated that they could only be the foreclosing party if the Note was endorsed in blank. If it was endorsed to another party, then that party would be the foreclosing party. As is readily apparent, the above statute would suggest that an Assignment is a requirement for enforcing foreclosure. The question now becomes as to whether a Note Endorsed in Blank and transferred to different entities as indicated previously does allow for foreclosure. If MERS is the foreclosing authority but has no entitlement to payment of the money, how could they foreclose? This is especially true if the true beneficiary is not known. Why raise the question of who the true beneficiary is? Again, from the MERS website..

On MERS loans, MERS will show as the beneficiary of record. Foreclosures should be commenced in the name of MERS. To effectuate this process, MERS has allowed each servicer to choose a select number of its own employees to act as officers for MERS. Through this process, appropriate documents may be executed at the servicers site on behalf of MERS by the same servicing employee that signs foreclosure documents for non-MERS loans. Until the time of sale, the foreclosure is handled in the same manner as non-MERS foreclosures. At the time of sale, if the property reverts, the Trustees Deed Upon Sale will follow a different procedure. Since MERS acts as nominee for the true beneficiary, it is important that the Trustees Deed Upon Sale be made in the name of the true beneficiary and not MERS. Your title company or MERS officer can easily determine the true beneficiary. Title companies have indicated that they will insure subsequent title when these procedures are followed.

There, you have it, direct from the MERS website. They admit that they name people to sign documents in the name of MERS. Often, these are Title Company employees or others that have no knowledge of the actual loan and whether it is in default or not. Even worse, MERS admits that they are not the true beneficiary of the loan. In fact, it is likely that MERS has no knowledge of the true beneficiary of the loan for whom they are representing in an Agency relationship. They admit to this when they say Your title company or MERS officer can easily determine the true beneficiary.

FANNIE MAE LOAN LOOKUP


Does Fannie Mae Own My Loan?

YES / NO
BASED ON RESEARCH DOCUMENTED BELOW

RESULTS FROM FANNIE MAE SEARCH ONLINE

FREDDIE MAC LOAN LOOKUP


Does Freddie Mac Own My Loan?

Yes / No
BASED ON RESEARCH DOCUMENTED BELOW

RESULTS FROM FREDDIE MAC ONLINE

SECTION 6: CONCLUDING REMARKS AND ANALYSIS


DEED OF TRUST On MARCH 20, 2006, borrower(s) BORROWER, allegedly executed a negotiable promissory note and a security interest in the form of a Deed of Trust in the amount of $1,900,000.00. This Deed of Trust was recorded on MARCH 28, 2006 in the Official Records of MARICOPA COUNTY, AZ with the Instrument Number being XXXXXXXX. The original lender of the promissory note is WASHINGTON MUTUAL BANK FA. SECURITIZATION (THE NOTE) The NOTE was sold, transferred, assigned and securitized into the CWALT 2006-OA6 with a Closing Date of MAY 17, 2006. Examiner was not provided with a copy of the note that embodied endorsements or an allonge to support the transfer of the asset into the trust mentioned above. ASSIGNMENT OF DEED OF TRUST There is a document purporting to be an ASSIGNMENT OF DEED OF TRUST, in the Official County Records of MARICOPA COUNTY, AZ with the Instrument Number XXXXXXXX. This ASSIGNMENT OF DEED OF TRUST was executed on OCTOBER 03, 2006 but not recorded until NOVEMBER 12, 2010. This document does not comply with the strictly set out guidelines of the Pooling and Servicing Agreement, regarding Assignment of Mortgage Loans. Any subsequent action taken is void as this ASSIGNMENT OF DEED OF TRUST was not properly executed and Assigned. This attempted Assignment was also well after the established Closing Date of MAY 17, 2006. ASSIGNMENT OF MORTGAGE There is a document purporting to be an ASSIGNMENT OF MORTGAGE. This document was executed on JULY 23, 2008. This document is VOID under the Pooling and Servicing Agreement. As the above referenced ASSIGNMENT OF DEED OF TRUST was not properly executed, this ASSIGNMENT OF MORTGAGE could not have been completed as the party executing the ASSIGNMENT OF MORTGAGE has not been properly conveyed the Ownership of the NOTE. This document is also NOT recorded in any county record as required by the Pooling and Servicing Agreement. NOTICE OF SUBSTITUTE TRUSTEES SALE There is a document purporting to be a NOTICE OF TRUSTEE SALE, in the Official County Records of MARICOPA COUNTY, AZ with the Instrument Number XXXXXXXX. This NOTICE OF TRUSTEE SALE was executed on MARCH 17, 2011 and recorded on MARCH 17, 2011. This document is VOID under the Pooling and Servicing Agreement. The Party who claims to be the Real Party in Interest has no claim to the property as there is no Recorded Assignment giving Ownership Rights to the Beneficiary.

SPLIT TITLE SYSTEM We currently live in a split title system where the Deed of Trust is filed on the county level as a lien representing legal title and the note is held by the owner/investor/Note Holder as representation of equitable title. Together the Deed of Trust and Note (Legal and Equitable title) represent a perfect title or Fee Simple title. As a result of the split title system the Note and the Deed of Trust have been separated. Therefore, there is no ability to foreclose on the property until the Note and Deed of Trust are re-united. (Examiners had no Assignment of Beneficiary for review to determine whether or not any attempt to reunite the Note with the Deed of Trust had occurred.) NOTE AND DEED ON 2 DIFFERENT PATHS As previously mentioned, it appears that the Note and Deed of Trust have taken two distinctly different paths. The Note was securitized into the CWALT 2006-OA6 Trust. The TRUST was formed by the execution of a trust agreement referred to in the finance and securitization industry as a Pooling and Servicing Agreement or in the case of this transaction the Pooling and Servicing Agreement. The trust agreement is filed under oath with the Securities and Exchange Commission. The acquisition of the assets of the subject Trust and the Pooling and Servicing Agreement are governed under Federal Securities laws. CLOSING DATE The TRUST was created on or about APRIL 01, 2006. The Trust by its terms set a CLOSING DATE of on or about MAY 17, 2006. The promissory note in this case became trust property in compliance with the requirement set forth in the Pooling and Servicing Agreement. Any assignment after the Trust closing date of MAY 17, 2006 would be a void act because it would violate the express terms of the Trust instrument. NO RECORD OF ASSIGNMENT The loan was originated by WASHINGTON MUTUAL BANK FA. on MARCH 20, 2006. It was sold and transferred to the CWALT 2006-OA6. There is no record of Assignments to either the Sponsor or Depositor as required by the Pooling and Servicing Agreement. FIDUCIARY DUTIES OF PARTIES PER THE PSA To further address this point, the provisions of the Pooling and Servicing Agreement clearly stipulate procedures and requirements for Assignments to be obtained for each individual Mortgage Loan pooled into the Trust. The responsible parties named in the Trust and Pooling and Servicing Agreements clearly have not fulfilled their fiduciary responsibilities to both the Homeowners, and the Certificate holders of the Trust. PERFECT CHAIN OF TITLE Traditionally, when a loan was executed, the beneficiary of the loan on the Deed of Trust was the lender. Once the loan was funded, the Deed of Trust and the Note would be recorded with the local County Recorders office. The recording of the Deed of Trust and the Note created a Public Record of the transaction. All future Assignments of the Notes and Deed of Trust were expected to be recorded as ownership changes occurred. The recording of the Assignments

created a Perfected Chain of Title of ownership of the Note and the Deed of Trust. This allowed interested or affected parties to be able to view the lien holders and if necessary, be able to contact the parties. The recording of the document also set the priority of the lien. The priority of the lien would be dependent upon the date that the recording took place. BENEFICIAL INTEREST Recordings of the document also determined who had the beneficial interest in the Note. An interested party simply looked at the Assignments, and knew who held the Note and who the legal party of beneficial interest. SECURITIZED LOAN This loan was securitized. Due to the spilt title system, it is unlikely that a legal foreclosure is possible.
Examiner notes: Its not possible that the Mortgage Lenders and Wall Street investors simultaneously own the same mortgage when the mortgage has already been converted into investment grade securities, and the investors have already paid for it. Further, these securities are no longer governed by the Uniform Commercial Code under Article 3 negotiable instruments, as securities, they are now governed by UCC Article 8, securities, which carry a whole different set of rules and regulations that must be followed to make the transaction valid, including but not limited to informing the property owner that they are entering into a third party transaction with said investors, in which they should be designated as a beneficiary of said transaction.

AFFIDAVIT OF FACTS STATE OF NEVADA COUNTY OF CLARK ) ) sv.: AFFIDAVIT )

I, AUDITOR, with personal knowledge of matters set forth herein, one of the people in NEVADA, in correct public capacity, being of majority in age, competent to testify with clean hands declares and verifies that the facts stated herein are true, correct, and complete in all material facts, not misrepresented and made under the penalties of perjury of the laws of the United States of America and NEVADA, except as to those matters that are therein made upon information and belief, and as to those claims or facts, the undersigned believes them to be true and admissible as evidence in a court of law and if called upon as a witness, I will testify to the veracity of my statements: I, AUDITOR, have researched SECURITIES TRACKING SOFTWARE. I am authorized to use such services. I have completed the required training and I am voluntarily engaged in continual education through Bloomberg both online and at Bloomberg's New York facility, to stay abreast of Bloomberg Professional Service's latest developments. I have the requisite knowledge and the trained ability to navigate and perform effective searches on the SECURITIES TRACKING SOFTWARE. I am also a certified Mortgage Securitization AUDITOR and I have the requisite knowledge and the trained ability to navigate and perform searches on the Bloomberg Terminal as well as the Securities Exchange Commission (SEC), Fannie Mae, Freddie Mac and Mortgage Electronic registration Systems (MERS) sites regarding the analysis of Mortgage loans and the subsequent loan-related documents. The contents of this affidavit are factual, but it is provided for informational purposes only and is not to be construed as "legal advice." Examiner reserves the right to amend, change or edit this report at anytime, in anyplace and for any reason what so ever either in written, verbal or oral form. I am available for court appearances, in person or via phone, for further clarification or explanation of the information provide herein, if necessary.

By____________________________________________ AUDITOR, MSA/ SECURITIES TRACKING SOFTWARE professional

STATE OF NEVADA COUNTY OF CLARK

) ) sv.: ACKNOWLEDGEMENT )

On February ____, 2013 before me,_________________________________________ (Notary Public) personally appeared AUDITOR who proved to me on the basis of satisfactory evidence to be the man whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument under the penalty of perjury. I certify under PENALTY OF PERJURY under the laws of the State of NEVADA that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature __________________________ (Seal)

My commission Expires __________________________

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