STATE OF NEW MEXICO

COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT

BANK OF NEW YORK MELLON F/KA THE

BANK OF NEW YORK, AS TRUSTEE FOR THE
HOLDERS OF THE CERTIFICATES, FIRST HORIZON
MORTGAGE PASS-THROUGH CERTIFICATES
SERIES FHAMS 2005 FA-1, BY FIRST HORIZON
HOME LOANS, A DIVISION OF FIRST TENNESSEE
BANK NATIONAL ASSOCIATION, MASTER
SERVICER, IT ITS CAPACITY AS AGENT FOR THE
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT
Plaintiff,

v. No. D-202-CV-2014-02910

PATRICIA C. FORBES AND THOMAS C. MILES

Defendants.

AFFIDAVIT OF PATRICIA C. FORBES AND THOMAS C. MILES

STATE OF NEW MEXICO)

) SS
COUNTY OF BERNALILLO)

The undersigned, Patricia C. Forbes and Thomas C. Miles, “Affirmants”, do solemnly

affirm, declare and state as follows:

1. Affirmants are competent to state the matters set forth herein.

2. Affirmants have knowledge of the facts stated herein.

3. All facts herein are true, correct, complete and admissible as evidence, and if called
upon as a witness, Affirmants will testify to their veracity.

4. We have not seen nor have we been presented with any admissible evidence that Rose
L. Brand & Associates, PC, is an agent for Plaintiff. Nor do we believe any such evidence
exists. Affiants demand strict proof thereof.

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5. We have not seen nor have we been presented with any admissible evidence that
Plaintiff has capacity to sue. Nor do we believe any such evidence exists. Affiants
demand strict proof thereof.

6. We have not seen nor have we been presented with any admissible evidence that
Plaintiff is the owner of the Note. Nor do we believe any such evidence exists. Affiants
demand strict proof thereof.

7. We have not seen nor have we been presented with any admissible evidence that
Plaintiff is the “Lender” as defined by the mortgage contract. Nor do we believe any such
evidence exists. Affiants demand strict proof thereof.

8. We have not seen nor have we been presented with any admissible evidence that
Notice of acceleration was given by the “Lender” as defined by the mortgage contract.
Nor do we believe any such evidence exists. Affiants demand strict proof thereof.

9. We have not seen nor have we been presented with any admissible evidence that
Notice of acceleration was given by the Note Holder. Nor do we believe any such
evidence exists. Affiants demand strict proof thereof.

10. We have not seen nor have we been presented with any admissible evidence that
Plaintiff was in possession of the original Note at the inception if this action. Nor do we
believe any such evidence exists. Affiants demand strict proof thereof.

11. We have not seen nor have we been presented with any admissible evidence that the
Note had been Delivered the Plaintiff before the PSA stated Cutoff Date of January 28,
2005. Nor do we believe any such evidence exists. Affiants demand strict proof thereof.

12. We have not seen nor have we been presented with any admissible evidence that Note
has been transferred with the intent to transfer the right to enforce the terms of the Note
by a person who possessed those rights. Nor do we believe any such evidence exists.
Affiants demand strict proof thereof.

13. We have not seen nor have we been presented with any admissible evidence that the
Note has been Delivered to the Plaintiff with the right to enforce the instrument by a
person who held those rights. Nor do we believe any such evidence exists. Affiants
demand strict proof thereof.

14. We have not seen nor have we been presented with any admissible evidence that
rights to the entire instrument were transferred to the Plaintiff from a party that held all of
those rights. Nor do we believe any such evidence exists. Affiants demand strict proof
thereof.

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15. We have not seen nor have we been presented with any admissible evidence that
signature on the endorsement was made by a Holder of the Note at time of signature. Nor
do we believe any such evidence exists. Affiants demand strict proof thereof.

16. We have not seen nor have we been presented with any admissible evidence that
signature on the endorsement was made by an authorized person. Nor do we believe any
such evidence exists. Affiants demand strict proof thereof.

17. We have not seen nor have we been presented with any admissible evidence of
default by the “Lender” as defined by the mortgage contract. Nor do we believe any such
evidence exists. Affiants demand strict proof thereof.

18. We have not seen nor have we been presented with any admissible evidence that the
amount due is correct. Nor do we believe any such evidence exists. Affiants demand
strict proof thereof.

19. We have not seen nor have we been presented with any admissible evidence that the
Trustee for FHAMS 2005 FA-1 Trust accepted a late assignment of the alleged Note
from a “Depositor” as stated in the Trust Pooling and Servicing Agreement and in its
Prospectus Supplement. Nor do we believe any such evidence exists. Affiants demand
strict proof thereof.

20. We have not seen nor have we been presented with any admissible evidence that the
beneficiaries for FHAMS 2005 FA-1 Trust ratified a late assignment of the mortgage or
alleged Note from the “Depositor” as stated in the Trust Pooling and Servicing
Agreement and in its Prospectus Supplement. Nor do we believe any such evidence
exists. Affiants demand strict proof thereof.

21. Affiants have neither been provided nor seen any prima facie evidence that Bank of
New York Mellon, Trustee, is a member of Mortgage Electronic Registration Systems
Inc. Nor do we believe that any such evidence exists. Affiants demand strict proof
thereof.

22. Affiants have neither been provided nor seen any prima facie evidence that Mortgage
Electronic Registration Systems Inc. was acting as an agent of Bank of New York
Mellon, Trustee Nor do we believe any such evidence exists. Affiants demand strict proof
thereof.

23. Affiants have neither been provided nor seen any prima facie evidence that Mortgage
Electronic Registration Systems Inc. was acting on behalf of Bank of New York Mellon,

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Trustee. Nor do we believe any such evidence exists. Affiants demand strict proof
thereof.

24. Affiants have neither been provided nor seen any prima facie evidence that Assignor
Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for First Horizon
Home Loan Corporation, its successors and assigns, had any interest in the alleged
mortgage to assign on or about March 9, 2012. Nor do we believe any such evidence
exists. Affiants demand strict proof thereof.

25. Affiants have neither been provided nor seen any prima facie evidence that Patrick
Bowman was an Assistant Secretary of Mortgage Electronic Systems, Inc. on March 9,
2012. Nor do we believe any such evidence exists. Affiants demand strict proof thereof.

26. Affiants have neither been provided nor seen any prima facie evidence that Assignor
Mortgage Electronic Registration Systems, Inc. as nominee for First Horizon Home Loan
Corporation, its successors and/or assigns, had any interest in the alleged mortgage to
assign on or about February 21, 2014. Nor do we believe any such evidence exists.
Affiants demand strict proof thereof.

27. Affiants have neither been provided nor seen any prima facie evidence that Angela
Sanchez was an Assistant Secretary of Mortgage Electronic Systems, Inc. on February
21, 2014. Nor do we believe any such evidence exists. Affiants demand strict proof
thereof.

28. Affiants have neither been provided nor seen any prima facie evidence that the
records of Mortgage Electronic Systems, Inc. are accurate. Nor do we believe any such
evidence exists. Affiants demand strict proof thereof.

29. Affiants have neither been provided nor seen any prima facie evidence that the
records of Mortgage Electronic Systems, Inc. document a complete chain of title. Nor do
we believe any such evidence exists. Affiants demand strict proof thereof.

We, Patricia C. Forbes and Thomas C. Miles, Affirmants, have read and do know the
contents to be true, correct and complete and not misleading, the truth and nothing but the
truth. Further, Affiants sayeth naught.

1009 Matia Ct. NE

Albuquerque, NM 87123

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Patricia: 505-350-8446 and pat@patriciaforbesart.com
Thomas: 505-350-8447 and tmiles21@comcast.net

This _____ day of April, 2018

___________________________
Patricia C. Forbes
___________________________
Thomas C. Miles

STATE OF NEW MEXICO)

) SS
COUNTY OF BERNALILLO)

Sworn to and subscribed before me ______________________________ a Notary on

this _______ day of April 2018, upon satisfactory evidence of the identities of the
Affiants.

_______________________
Signature of Notary Public