Case 12-28809 Doc 82 Filed 04/19/13 Page 1 of 1
UNITED STATES BANKRUPTCY COURT
FORT THE DISTRICT OF MARYLAND
In Re: Monica McGinley
OBJECTION TO PROOF OF CLAIM #5 FILED BY PNC Bank, NA
Monica McGinley, Debtor through her attorney Teresa Cho Edwards herein submits her objection to Proof
of Claim #5
1. Proof of claim #5 is in the amount of $329,621.33 with an arrears claim of $31,065.62
2. The loan originator was National City Mortgage, a subsidiary of National City Bank, N.A. in 2007. No
evidence of actual funding of this loan by National City Bank, N.A. was provided.
3. FNMA ("Fannie Mae") is now claimed by PNC Mortgage to be the "owner", however there is no
accounting to substantiate that and attached is a letter from FNMA stating that they in fact do not own or
control the loans.
4. There are no recorded assignments of the true promissory note/underlying mortgage debt from
National City in the county land records.
5. PNC has not established that it is a bona fide holder of a valid secured interest in the property, and
therefore they are not a creditor with a valid security interest. PNC has provided to borrower different
versions of the Debtor's "note" but none has been certified as a true copy, and there has been no
authentication of what has been provided.
6. PNC does not have proof that it has authority, as "nominee" or agent, to assign the mortgage absent a
showing that it was given specific written directions by its principal.
WHEREFORE, debtor requests that the Proof of Claim be disallowed.
Date: 4/19/2013 /s/Teresa Cho Edwards
Teresa Cho Edwards 17587
Certificate of Service
On 4/19/2013 a copy of Response to motion to lift stay was served on:
BWW Law Group, LLC
4520 East West Highway, Suite 200
Bethesda MD 20814
Ch 13 Trustee
/s/Teresa Cho Edwards
Teresa Cho Edwards