If you’re being sued by any entity acting as a trustee, i.e. “US BANK as trustee for the HP Series 2006-c Certificate Holders”, you need to be aware of a variety of issues that may be helpful in your case.   I will start another series of video blog posts on the “Capacity Argument”, because this argument works in nearly every case, but it is particularly appropriate in cases where Plaintiff is an exotic, alphabet soup Foreclosure Frankenstein.

Individual mortgages originated by lenders like New Century and Argent were pooled into groups of approximately 8,000 mortgages from around the country to form a Mortgage Trust which held mortgages which had (on paper at least) cumulative values of between 10-12 million dollars.   These mortgages that were grouped together and given a name like “HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2″. Interests in these mortgage trusts were then sold to teachers unions, investment funds and other institutional sources around the world.   Before selling the interests in these trusts, the institutional investors were required to prepare the contract that would govern the rights between the depositor of the mortgages, trustee of the new trust and the company that would be responsible for collecting payments from homeowners and sending those payments out to those who had invested in the trust.   This contract is called the Pooling and Servicing Agreement.   The important thing about the Pooling and Servicing Agreement is you will find in virtually every case that all of the parties who are involved violate nearly every provision of their own Pooling and Servicing Agreement.   This has important consequences that we will talk more about later, but the Securities and Exchange Commission rules requires these trusts to provide important other reporting information that was widely ignored or worse, falsified by the entities in control of these trusts.   Finding such information can be a key to defending your case.

The Securities and Exchange Commission Edgar Database can be found here. You can also put the name of your Frakenstein, Alphabet Soup Trust into quotes, “The IXIX 2006-A Trust” into a straight google search and see what comes up. Here are Step-By-Step instructions:

Finding Pooling And Servicing Agreements   (PSA’s)
For Securitized Mortgage Loans

The ” Pooling and Servicing Agreement” is the legal document that contains the
responsibilities and rights of the servicer, the trustee, and others over a pool of mortgage
loans.   The Pooling and Servicing Agreement can be a stand-alone document or it can be
part of another paper, usually called the ” Prospectus.”   If the securitization is public,
these documents must be filed with the Securities and Exchange Commission (SEC), and
will be available to the public at www.sec.gov.   Locating a Pooling and Servicing
Agreement on the SEC website can be a challenge. The most important information you will

need to find the Pooling and Servicing
Agreement is the name of the original lender and the title of the pool of loans.   We will
work through an example below.   Assume that the lender is Ameriquest Mortgage Co.
We don’t know the name of the pool that the homeowner’s mortgage ended up in, but we
do know that the mortgage was made on June 1, 2002.

Step One:
Go to www.sec.gov and click on ” Search for Company Filings” under ” Filing & Forms
(EDGAR).”       Under ” General-Purpose Searches,” click on ” Companies & other filers.”
Then, in the ” Enter your search information” box, type in ” Ameriquest” next to ” Company name” and click on the ” Find Companies” button.

Step Two:
The page you are now looking at shows a long list of the names of securitized pools of
loans.     We know the mortgage was made on June 1, 2002.   Look for the entry titled
” AMERIQUEST MORT SEC INC ASS BK PAS THR CERTS SER 2002 2.”   The
document number is CIK 0001175125.   Click on that number.   We selected this entry
because it said 2002 on it and the loan in question was made in 2002.   There may be
several other pools of mortgage loans that Ameriquest securitized in 2002 but this is the
first one we come to on this list (when reviewed in late February 2007) so we will pull it
up.

Step Three:
Now you see a list of documents filed with the SEC that are related to this pool of loans.
Scroll down to the bottom and you will see a document titled ” Prospectus.”   This is the
document that will likely be the one you want, assuming that the mortgage loan you are
concerned about is in this pool.   We can only make an educated guess, unless you know

the name of the securitized pool in advance (which is unlikely). Click on either ” htm or text”

next to this document and the Prospectus will appear.   Now,
bookmark this document on your web browser, so you can come back to it easily in the future.

Step Four

Is this likely to be the document you want?   Scroll down to page S-2 and you will see a
Table of Contents.   Included in that is the ” Pooling and Servicing Agreement” which
starts on page S-76.   Also, scroll down one more page, past the Table of Contents, and
you will see a ” Summary of Prospectus Supplement.”   Certain important information is
listed there, including the cut-off and closing dates for loans that will be included in this
pool.   The closing date is June 7, 2002.   Based on this information, you can assume that
this document governs the responsibilities of the servicer of the mortgage loan in
question, unless that servicer tells you otherwise and can back it up with a reference to a
different agreement or pool.     Other important information listed in this Summary includes

the title of the pool, and the
identity of the servicer and trustee.   The servicing rights may have been sold since this
document was filed and the current servicer may be a different company but the trustee
(the legal holder of the mortgage) should be accurate.

Step Five:
Go the Pooling and Servicing Agreement to find what you need to know.   It should
describe how the servicer is paid and by how much, who keeps late and other fees, what
authority it has to modify the loan or engage in workouts with homeowners, and its
obligations to pass mortgage payments on to the trustee.

Some of the best information I get comes from intrepid consumer researchers out there who care enough to dig into these things.   Perhaps the most powerful thing about this and other online forums is the ability for consumers and advocates to share what they’ve found.   In my estimation, what this pro-se Defendant found is enough to blow the lid off his foreclosure case…..read on:

I was served Lis Pendens last month, (April 2010), naming the plaintiff  Deutsche Bank National Trust Company, As Trustee for HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OPT2

I looked into the records for that entity in the SEC EDGAR online database and discovered that the last annual report was filed in 2007, contemporaneously with a FORM 15 filing.That Form 15 filing claimed a standing under 15d-6 of the 1934 SEC regulations which exempts the entity of filing an annual report, whereby the number of claimed investors had fallen below the SEC registration and reporting threshold of 300 persons. ( To my understanding, the same Form 15 filing is also used when a registered, reporting, entity is dissolved.)

I then began looking at many other securitized trusts in the EDGAR database. Literally dozens and dozens of these securitized trusts have done exactly the same thing. he trust is established and appropriate SEC documents are filed for a period of time, usually 1 or 2 years. The trust then files a Form 15 claiming exemption of the obligation to file reports with the SEC under 15d-6

The paper trail for the Trust with the SEC thereby *ends* Many of these trusts have not filed anything with the SEC for years. Many as far back as 2005 and 2006

Some of the SEC Form 15d-6 filings disclosed as few as 15 or less investors. Bear in mind, these are for trusts that purportedly hold well over $1 BILLION in mortgages, and there are dozens and dozens of these trusts with a mere hand full of investors! I also noted that the ” agent of record” of many of these trusts have changed many times, and are very infrequently ” named”, but list only an address and phone number, (usually in New York). In several of the cases I’ve looked at in the EDGAR database, I actually called some of the phone number listed at 3:00am EST and got the voicemail of someone at a bank in N.Y. Note that the answering party was NEVER a bank listed as the Trustee, (as Deutsche Bank is in my case), or the trust ” administrator” as listed in the PSA or any subsequent SEC filings.

I actually got the voicemail of some fellow at HSBC Bank who was the ” anonymous” contact in my case! My point is this;

Has anyone actually verified that the securitized trusts claimed to be under the trusteeship of some of these banks still ACTUALLY EXIST?

We’ve been so focused on the NOTE and the fraudulent paper being slung about for assignment of those notes, and whether or not the ” plaintiff” has standing to bring the foreclosure action, has anyone thought to see if the ” plaintiff trust” is even still active or not? Were many of these trusts actually dissolved after payouts from credit default swaps and TARP funds and the actual investors now long gone? We have no records to show whether they are alive or dead. Most of these trusts haven’t filed anything with anyone in years as far as I can tell.

Certainly, as in my case, Deutsche Bank, (as Trustee), still exists, but can these plaintiff securitized trusts be made to *prove* they still exist?

What happens to a foreclosure case if the plaintiff entity,(the securitized trust, *not* the Trustee for it), no longer exists or cannot prove it exists?

IT’S TIME FOR ME TO GET BACK TO AN ISSUE THAT I HAVEN’T TALKED ABOUT FOR A WHILE AND IT IS THIS CAPACITY ISSUE…BECAUSE IT STRIKES AT THE HEART OF THESE CASES.   SIMPLY PUT, A TRUSTEE CANNOT MAINTAIN AN ACTION ON BEHALF OF A TRUST THAT DOESN’T EXIST.

STAY TUNED AND GREAT WORK FROM THE PRO SE WHO SHARED THIS INFORMATION.

114 Response Comments

  • J in CO  May 28, 2010 at 9:28 am

    The best way to prove this mess all got dissolved is to go to the IRS.gov website and look for the publication # 938 for 2006 through the present.

    This is where you will see that the gain on sale reporting etc all stopped as the securitization machine was turned off temporarily in late 2007.

    The trusts were all named and reporting until the end of 07 then 08 is missing??????.
    They restart the reporting in 09 but it is down to only Ginnie/Freddie/Fannie/JPM/Citi and random trusts that have been created.

    The government absolutely knows what happened yet seems to help cover this up thinking we are too dumb to catch it.

    2009 reported in 2010
    http://www.irs.gov/pub/irs-pdf/p938.pdf

    2008? is missing and reverts to the 2009 file?? Don’t believe me. try it.
    http://www.irs.gov/pub/irs-prior/p938–2009.pdf

    2007 reported in 2008
    http://www.irs.gov/pub/irs-prior/p938–2007.pdf

    They seriously think we are that stupid. What are they hiding from us? Maybe that the banks have committed billions upon billions in tax evasion.

    Follow what is happening in non-judicial states and you will see the arrogance. They actually show us the blank note endorsement from the original lender yet no recording of the interest through the depositor to the trust. Lack of standing?

    Then when they are finished stealing the house they sell the loan from the unlawful foreclosing party(trust) that had no standing to F/C back to the trust through a POA to the servicer and effectively cover their tracks that the loan was never in the trust, they still stole the investors money, and they still claimed the tax exemptions under REMIC.

    All while the Govt and IRS watch.

    Look at the WAMU BK. They were found to have a 10.3 Billion dollar tax claim filed against them that was reduced to 33M yet Chase got to walk away with a 300 Billion dollar bank 200M in mortgages for 1.9Billion. The loans were shown to have been written down to $0 yet they still want to collect?

    Along with the Pub 938 you can review Pub 550 that explains the tax exemptions etc for the REMIC trusts.

    No assignments were done as required, no “true and absolute sales under FASB 140″ were ever perfected, No standing has ever been established for most or all of the securitization trusts.

    This is the biggest RICO case on earth.

    Oh, and maybe we should review who funded LPS…..JPM/BOA/Wachovia when they split off of FIS in 2008.

    Foreclosure “industry”, Tax evasion, illegal BK remote status and fraudulent conveyances, fraud on the court, unconstitutional theft of all of our homes…..priceless!

    Reply
    • M in IL  July 21, 2011 at 11:19 am

      Wow J. Incredible golden nugget here. The DBNT “Trust” attempting to forclose on me is NOT even listed. Can’t wait until my attorney gets back from his vacation. RICO, indeed and government-sanctioned at that! This is worth a printer cartridge or two! More evidence of the Fraud, backed by the Department of the Treasury no less. Thank you so much.

      Reply
    • marg  December 11, 2011 at 11:34 am

      Pls. email so we can privately discuss Wamu Mortgage Pass-Through Certificates Series 2006-AR15 Trust and Cynthia Riley robosigner Thank you.
      Marg

      Reply
      • Eduardo orozco  January 5, 2012 at 8:44 pm

        Hi marg:
        I have a note from Wamu endorsed by Cindy Reily, I would like to exchange information if possible. You can reply to the email above .

        Regards,
        Eduardo orozco

        Reply
        • nancy duffy mccarron  June 28, 2012 at 1:34 am

          Cynthia Riley robo-signer
          let’s share signatures

          Reply
        • annmarie  July 21, 2012 at 11:55 am

          I also have note with cindy riley signed as vice president. washington mutual

          Reply
      • nancy duffy mccarron  June 28, 2012 at 1:33 am

        I have cynthia riley robosigner (Wamu 2005 pass through AR-16 trust
        with Deutsche Bank trustee on my client’s fraudulent foreclosure.
        I have samples of her robo-signing
        We need to share.

        Reply
    • Rusty  June 6, 2012 at 12:50 pm

      I did find my PSA and Prospectus but it is 10GB in size. I did find my property address and the amount owed on the so-called loan, but I am confused as to what I should extract to prove this FRAUD. If I had to guess, its about 25,000 pages.

      Thank you
      Rusty -Pro Se

      23 times now in Civil Court and most recently a BK-7 where the Federal Trustee backed up my claims of Fraud and extended the Auto-Stay until I can reveal my evidence in an adversarial lawsuit to a Federal Judge. 2 years in the battle and this is it. “Sink or swim”

      Reply
      • Rich  November 5, 2012 at 9:18 am

        Where is the listing of the individual loans? I can’t seem to find it, though I believe I’ve found the trust my loan is in, I can see the few loans at my interest rate that were made in my state etc.

        Reply
    • Tate Houston  August 21, 2012 at 11:16 am

      What I need to know; is anybody sueing the government!? I would like to be apart of a class action.

      Reply
  • canceledcwmods  May 28, 2010 at 6:11 pm

    As long as you are looking at that PSA, check to see if the Master Servicer is required to ADVANCE payments whenever the borrower fails to pay by a particular date each month. In my PSA, until the foreclosure is completed, the MASTER SERVICER is advancing the payment. They are to be reimbursed from the proceeds of the sale after the foreclosure is completed.

    OK, so how can the holder(s) of the note, OR the Trustee acting for the supposed Trust, claim that any default condition has occurred? They are being paid every month, just not by me.

    The Master Servicer is much like any third party payment, just like ‘Auntie Aig’ or ‘Uncle Tarp’. If ANY of them made the payments, there is NO default. The PSA and the Master Servicer were not the entities that I promised to pay.

    The Master Servicer that is set to collect the funds they advanced are NOT parties to my note or to my Deed. If the Master Servicer’s agreement creates a situation in which NO default can actually be claimed, that is THEIR problem. The debt still does exist, just without any right to enforce with foreclosure.

    Reply
    • Matthew D. Weidner, Esq.  May 28, 2010 at 10:40 pm

      I’m just digging into this, but it presents very interesting issues. Stay tuned and keep the good insights coming…..

      Reply
      • SpyBoyPrezentz  April 30, 2011 at 6:54 pm

        Having been reviewinging P&A’s since 2006, it is my thinking that the single most critical, and essential, element regards the ” Transfer ”
        ( see definition in each P&A ).

        That is; did an actual Transfer ever actually take place ?
        by Who ?
        When ?
        Where ?
        How ?

        And, is anyone qualified to testify to the facts regarding the Transfer ? I would think the
        trust ” Custodian ” would be one such source, although there may be others.

        Remember, the Transfer is a physical event, Not electronic ! the Transfer cannot be digitized, at least as the term Transfer is defined in every P&A I have seen.

        The original Promissory Notes, and the original Mortgage or Trust Deed, are
        ( allegedly, or maybe that is actually never alleged )
        ” transferred ” from one physical place to another, and that event occurs ( if it occurred at all ), at a particular point in time, and that the Transfer is carried by a particular
        ( authorized )
        individual, possibly with the help of a particular courier, or courier service.

        Of course, making effective use of such information requires a bit of work, and in judicial foreclosure States is relatively straightforward, using standard discovery tools, etc.

        The problem is, as usual, making effective use of a possible failure to Transfer, in non judicial foreclosure States, since overcoming the initial burden in a temporary injunction proceeding is, shall we say, challenging.

        Reply
        • SpyBoyPrezentz  April 30, 2011 at 7:03 pm

          One more point regarding P&A’s generally, and the matter of whether a ” Transfer ” of documentation did or did not occur, is that there are some court decisions
          ( I believe all lower court decisions so far; nisi prius )
          where matters regarding the facts of non compliance by the P&A parties was ruled irrelevant to the facts of default on the Loan, and was disregarded by the court in making its decision about the propriety of the foreclosure action.

          Then again, bad pleadings make bad case law, and as I remember it, in those cases
          ( it was long ago when I worked on this )
          the pleadings were, lets say, not as tight or on point as they could have been.

          Reply
          • Deron  December 21, 2011 at 11:21 am

            Would you be in a position to help my find the PSA as it relates to my mortgage?

            atlas05@aol.com

      • HeatherZ.  February 28, 2012 at 2:58 pm

        Hi Matt, Just a quick note on this. One of the other documents that is on the SEC website is a list that the lender is required to file under Rule 433(d). It lists the Loan ID number, the Securitization Trusts Loan ID number, and the Servicer’s Loan ID number. The purpose of looking at this form is to establish whether or not the subject loan is even on this list and whether or not the subject loan was included in the bundle that was, in fact, securitized. The number that can be matched is the originator’s loan number, which can be found on the subject mortgage document. In my case, which has been going on for five years today, the loan number is not even on it…. another count for me. As you know, this goes to capacity… no capacity… no case from the get go! If the subject loan is not on this list, it was not included in the securitization, Plaintiff has no proof the subject looan was included. I have alot more information about securitizations, if you are interested…. but, it sounds like you’ve got it covered. Thanks for all you do!

        Reply
        • Jean  May 25, 2012 at 11:26 pm

          Heather, any tips on how to find the particular filing that contains the list of mortgages in the security? I do not have the security’s name which means I have a ton of documents to review. Any help narrowing the search would be appreciated since I have a summary judgment hearing on Tuesday.

          Reply
      • Dave Beeler  August 16, 2012 at 5:27 pm

        BONY Verified Petition INDEX NO. 651786/2011

        BONY spells out in their Petition to the NY Supreme Court, every step of the PSA, which ought to assist Defendants in pointing out the missteps taken along the way by BONY, et al.

        Found this by accident, never seen anyone refer to it.

        ?

        Dave

        Reply
  • J in CO  May 29, 2010 at 11:52 am

    Good point on the payments. In Non-judicial states the only thing allowed to be challenged is standing and the default. This would challenge.

    To further that thought. The tranche structure of the entire pool has numerous “credit enhancements” which layer the risk from bottom to top. Once a lower level dies out the certificates then become dead and uncollectable.

    If each of the lower level tranches die out and losses on those investments are claimed by the individuals would that loss claim with the IRS essentially wipe out percentages of the obligation as well?

    If not why not?

    These were tax exemption vehicles that were propped up through lies and negligence for the sake of the bankers.

    When they fell apart the IRS let the bankers slide. What about the rest of America?

    Would it be possible to file an FOIA with the IRS as to what losses have been claimed on the pools to verify if the debt has been wiped out?

    My pool has taken about an 800M loss of the 2.3B total invested so would I not automatically be entitled to a 25% reduction in principle for the losses claimed?

    How about the third party payments such as CDS contracts? That would continue the income stream as long as the ratings are below AAA for the Certificates while the servicer steals the house and the money from the REO liquidation.

    I have read that under IRC 860 that since the pool is static and can only accept exact replacement mortgages, that the REO money is actually to be invested by the servicer or master servicer since to pay the entire balance down would void the REMIC status.

    Would that mean that all of the loans that had servicing rights transferred to say JPM(I think they received servicing rights of about 468B in WAMU loans on top of the free 191B in owned loans) give JPM the right to the REO and proceeds while the tax payer backed Default Swaps keep the income stream going to the top level tranches.

    Now maybe we can start to see why JPM and others have helped create LPS to keep the ugly theft machine rolling.

    Oh and it helps when the FDIC gives you a 1.5-2B litigation slush fund to keep LPS churning out the fraud.

    I wonder how much of that goes to the judicial campaign contributions?

    I wouldn’t mind if I got a 1.5B dollar slush fund to fight back with. How ’bout you Matt? Think we could use that for a good legal team?

    Maybe Obama would give us some TARP money that we could use to take care of his electorate?

    Reply
  • Mike Dillon  May 29, 2010 at 3:32 pm

    I’ve noticed a fair amount of info does not EASILY show up on the SEC’s site. Maybe it’s b/c of the filing of the 15-15Ds, maybe there are other reasons.

    Regardless, couple of things I’ve found to make it easier in searching SEC.gov. I’ll try to lay this out so everyone can play along at home.

    Run a search on the trust itself excluding any trustee info. Using the above example you’d simply search “HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2″. When that search is performed on Google, the first link leads to the trust as listed on secinfo.com . Secinfo.com is a good source of info – some of which will not easily be found at SEC.gov.

    Usually, any trust info found on secinfo.com will include an “SEC File #” at the top of the page. In this case the SEC File # is 333-124032-07 . More on this in a minute.

    In this particular instance, the page that opens from the Googled SECinfo.com link is to an 8-K filing for the trust we’re interested in. This page also lists several exhibits. PSAs, if they’re at all publicly accessible, can usually be found within 8-K filings of trusts as exhibits. If an Exhibit 4 or 4.1 is filed there is a good chance that this will be the actual PSA for the trust.

    You can copy/paste, save, or print this doc from here and be done with it OR, if you want to familiarize yourself with SEC Edgar spelunking a bit further, you can look up the trust via the previously mentioned SEC File #.

    SO off we go to sec.gov. Follow Attorney Weidner’s instructions for getting to the “Company or fund name, ticker symbol, CIK (Central Index Key), file number, state, country, or SIC (Standard Industrial Classification)” link , click it, and, instead of digging through lists of names, plug the SEC File # obtained from the secinfo.com page into the appropriate box here. This MAY lead you directly to the specific trust filings. If it does, you’re good to go, turn your helmet lamp on, cinch up your climbing belt and happy spelunking.

    If it does NOT direct you to the specific trust you’re not dead in the water yet. We can find at least SOME of the info needed on secinfo.com. That said, go back to secinfo.com and determine when that particular 8-K was filed. Once you know that date, you’re at least in the ball park. In this instance, the subject 8-K was filed 03/14/06. That at least gets you close.

    Flip back to sec.gov now. Grab that SEC File # and drop the last few digits and the hyphen so you’re just dealing with 333-124032. This will usually get you into the right sandbox at least. Make sure that there are no spaces either before or after the file # or this WILL throw your search off.

    From SECInfo.com, you know that the appropriate 8-K was filed 3/14/06 so focus on the 424B5s (Prospectus) filed around that date. In this example, you will find the corresponding HSI prospectus filed 03/01/2006. Once there, find the specific trust listed. Click on “Documents”.

    Following the trust title will be the CIK # and a link reading “see all company filings”. Click on that link and you SHOULD find everything that has been filed with regard to the trust – at least right up to the point where they filed the 15-15D. In this example, as you can see, the 15-15D was filed 1/29/2007.

    It may be significant to note that literally each and every RMBS trust that I have examined in connection with a foreclosure case over the last 5 or so years has filed a 15-15D within 24 months – more often 18 mos – of the particular trust launch.

    Hopefully, this was more helpful than it was confusing… If not, please be gentle…

    Reply
    • Laura  February 12, 2012 at 4:54 pm

      Hi Mike! Thanks for your awesome directions. I believe I have found the prospectus for the trust in which my loan is held. I even found which page the PSA begins. Now, I need some help. I have been told by Ocwen that because of the PSA, they will not allow any modification. I have been working with NACA. What can I do next? And what information from the PSA can I use when I speak to whomever? I have heard that the servicer can petition for an exception to a clause in a PSA. Here is the link to the PSA portion of my prospectus: http://www.secinfo.com/dsVsb.21Yg.htm#a69g. Any help you can give me to point me in the right direction would be HUGELY appreciated! my email is: LauraLeeVenice@gmail.com Thanks!

      Reply
  • teresa  June 27, 2010 at 8:24 am

    I could not locate the PSA. I contacted the SEC, my forensic loan auditor and the “bank” overseeing the “trust”. Not the SEC is opening up an investigation against them. How do I find out if the securitization was public or private?

    Reply
  • teresa  June 27, 2010 at 8:25 am

    I could not locate the PSA. I contacted the SEC, my forensic loan auditor and the ” bank” overseeing the ” trust”. Now the SEC is opening up an investigation against them. How do I find out if the securitization was public or private?

    Reply
  • smtblnde  March 7, 2011 at 9:33 am

    The real problem is presenting arguments based on securities law with which most state court judges have little knowledge or experience. I believe the unfamiliarity with this area of law is a major factor as to why judges are willing to gloss over those arguments and to rule in favor of the banks.

    Reply
    • Pat B Idaho  August 17, 2011 at 5:42 am

      I’ve been in Federal Litigation (2 1/2 years) as a Pro Se Plaintiff (in a non-judicial state the only way to stop a default/foreclosure action is to sue the pretender servicer/lenders. I used the ‘Judicial Notice’ Federal Statute to place Law Reviews by Law Professors Christopher Petersen of Utah and Professor Adam Levitin of Washington DC, into my 1st amended complaint, under the explanation of informing the Court regarding the issues of ‘predatory lending’, Securitization and MERS (Mortgage Electronic Registration System) all subjects that were fairly new, in early 2010, to the courts and most lawyers ( even if they represent the servicers or forclosure mill attorneys). Google will give you info on the specific research by these two Law Professors, their work/papers have become wildly disseminated.

      Reply
  • angry_nNOT TAKING IT  April 7, 2011 at 12:16 pm

    no… its ALL ABOUT THE PENSIONS
    pick any state you like.. all the judges pension funds are reliant on these same trusts existing or all the retirements is gone.. what will these judges do to survive , are you going to hire them?
    you do really believe they know how to work for a living. showmetheloan.com learn the truth.

    Reply
  • angry_nNOT TAKING IT  April 7, 2011 at 12:18 pm

    thanks matt..
    fwiw i raised the irs missing 2008 year in 2009.

    Reply
  • wileecoyote  April 21, 2011 at 2:58 am

    I want to thank you for the information you have
    provided here, it helped me tremendously in locating the whereabouts of my promissory note,
    which is vital to stopping US Bank’s foreclosure on our home. A little bit of advice for those searching for their PSA if it is owned by Fannie Mae. Go directly to Fannie Mae’s website, you
    can do the search there much easier than with
    SEC. I discovered that US Bank wrote the pool
    number above my loan # on the copy of my
    mortgage contract that they sent me, per my request (& with a little nudge from the OCC).
    I was able to do the search with the pool number
    and immediately struck pay dirt. I now have the
    proof that US Bank committed securities fraud
    by double dipping and counterfeiting of
    securities. Now, all I need to know is, WILL JUSTICE BE SERVED!

    Reply
  • Sonnia  April 26, 2011 at 3:13 pm

    This is great information. For Wileecoyote, can you please give me more details how can I get this PSA through Fannie Mae website. Thank you!

    Reply
  • JOHNNY ll. JOHNSTON  May 22, 2011 at 4:50 pm

    Your info is terrific, but confusing for some . My case is Plaintiff- Deutsche Bank national trust co. as Trustee for Morgan Stanley (china just bought 2.7 billion of M.S. with out FED approval in a 48 hr. take it or leave it offer by China recently, the SONS of Bitches, as Sec of Treasure Mr. G. is Asian educated etc. ) anyway, ABS Capital 1 INC. Trust 2006-NC4. The PSA is 298 pgs. of nightmarish legal SEC Trust shit, that most Judges and 8o% of Attors let alone mere mortals cannot fathom. EDGAR online had it after I googled in “trust 2006 NC4″ that is on the complaint to foreclose under Plaintiffs. It says on EDGAR cover sheet, its an 8-K SEC filing by Morgan Stanley ABS Cap 1 etc. 2nd pg tells who Depositor, Servicer, Responsible Party is and & PSA date June 1, 2006, and a M.G. pass-through certificates series 2006 NC4. To decipher this unreal mess is not as simple as is led to believe. Its scattered over 298 pgs and to fit the printer is reduced to 70% then 248 pgs #11 font. It has 10 articles broken into 10 sections ie Art 2 =section 2. art. 2 basically says they can do whatever they wish, except murder and that is probably covered also. The Master criminal Lex Luther Attorneys (Wall Street ones ) who crated this fuck the public any way it fits needs, well i best not say, but you know right, Right!
    So google Trust 2006 NC4 if you want to become a junkie, due the stress of trying to find some way out of the hole New century and Doush bank dug for everyone. Mrs Szymoniak esq. a most wonderful, gracious lady EVER! I call her the Joan of Arc of Bank ass kicking.
    She did my Affidavit of Fraud on the Steve Nagy mess. Due it came too late to enter into evidence, the judge ordered me to tell the court what it said. I guess to help me. So its on the record now. So I have hearing date 6-22 for my Motion for New Trial. Doush banks attor was hysterical. ha ha. trying to use collateral estoppel doctrine to stop a new trial. Well I don’t think it applies here. Yet I don’t know being a Pro-Se, have nuts ex 2nd Korean vet Army combat vet, with moderate PTSD and on max doses (480mg a day) of oxy-contin for 6 yrs which messed up my mind due 2 plane crashes I was in that destroyed my spine. Lack of capacity was my first defense with 4 lbs of VA records on the opiates they fed me when I took out the 2 re-finances, 2002 &2006, New Century with stared income . I was out of my mind due the drugs. Now reduced 70% over 4 yrs. Pure hell but my back and neck is now held together with 2 lbs of titanium via a most talented neuro surgeon in El Paso (civilian of course) right on!
    Any ideas on this mess, besides an over dose, would be most appreciated. Respectfully Mr. Johnny Johnston .

    Reply
  • Boundanddetermined  June 30, 2011 at 4:04 am

    All of this information I am now learning and spreading to others. It is incredible! I tried searching EDGAR, but my originator was American Brokers Conduit who then sold four months later the first to JPM and the second to Citi. Citi has charged off second, and JPM is toying with me on the mod. They state that they own the note, but the mod denial states that they service it and it is owned by private investor. They are going to try foreclosing and I need ammo. I found my Citi loan on MERS, but can’t track JPM. It is not govt backed either…Any suggestions?

    Reply
    • Boundanddetermined  June 30, 2011 at 4:06 am

      I meant to add the American Brokers Conduit was not found on EDGAR…

      Reply
  • Dory Tallent  July 22, 2011 at 12:48 pm

    Okay, I tried, for 2 days, to navigate through the SEC website searching for the information I so DESPERATELY need. I’m not very sure of myself, or what I am looking for, and not very sure of what I HAVE found. Anyone that could please, find it in the kindness of their heart, to research this and let me know if I’m even on the right track, I will be forever greatful.

    My loan was taken out with Countrywide Home Loans, and our closing was on May 21, 2007, and the mortgage clearly lists Countrywide Home Loans as Lender, MERS as Mortgagee, and ReconTrust Company Inc. is listed as the Trust on the Pooling and Servicing Agreement.
    I found hundreds, and I mean hundreds, of Prospectus filings around the time of our closing, but there was ONLY ONE Document that was even remotely close to what you say to look for in a mortgage trust name. The only mortgage trust name I could find that was close was Countrywide Home Loans Inc Mort Pas Thr 2001 (actually two from 2001 and two from 2002, but NOTHING FOR 2007).
    After further digging on the new and improved EDGAR, I found only one S-3 document filed in November 2007, that talks about “Series A Floating Rate Convertible Senior Debentures Due 2037 (the ” Series A Debentures”) And Series B Floating Rate Convertible Senior Debentures Due 2037″. Now, I could ASSUME that my mortgage might be in this batch, because our maturity date for the loan is in 2037, and November 2007 was only 6 months after our closing date. Now, the transaction amounts for BOTH these Series A and Series B’s is in the $4,000,000,000.00 (yep, Billion) range. Also, I notated that there is NO Pooling and Servicing Agreement on this S-3 document. This document was filed on 11/17/2007 by Countrywide Financial and Countrywide Home Loans, Inc. The link to this document is: http://www.sec.gov/Archives/edgar/data/25191/000095012407005885/v35644orsv3asr.htm

    I also tried doing a search under the actual Trust they list on the Pooling and Servicing Agreement in my closing documents, ReconTrust Company, Inc., but there were no companies by this name listed with the SEC.

    Now, BAC Home loans servicing began servicing this loan in early 2009 (I believe it was April 2009 to be exact). BAC Home Loans Servicing is the daughter company of Bank of America. Now, Bank of America, N.A. has began servicing their own loans effective July 1, 2011. Both Bank of America, N.A. and the former BAC Home Loans Servicing, LP have informed me that our Lender is Freddie Mac.

    I would absolutely 250% LOVE NOTHING MORE than to have their SEC filings and their IRS filings in my hands when I go to court next month, proving that BOTH Countrywide Home Loans Inc. and BAC (or Bank of America, they’re not sure who they wanna be this week) are involved in racketeering!! I have my own personal reasons for desperately needing any and all information on the SEC site I can dig up, these bozos have tried foreclosing on my home 3 times in 2 years (without being able to cough up an original wet ink note I might add)!

    Reply
    • foreclosureweary  July 30, 2011 at 10:27 am

      Dory, I have a similar situation. How about subpoena Freddie Mac for info on the trusts? Looks like Freddie took over the Countrywide loans.

      Reply
      • yvonne  August 19, 2011 at 4:22 pm

        This was to cover up the fraud…of Countrywide with our own tax dollars…my question is…

        what if at origination you were told that your loan was to be kept as in house or as a portfolio loan (June,1997)and not to be sold…That company no longer in existence…
        then couple years (2002)later it shows up on an attempted foreclosure by Bankers Trust Co of Ca, N.A.(did not Deutsch bought our what was left of BT??? before that time?)as trustee under the pooling and Servicing Agreement relating to ICIFC Secured Assers Corp, Mortgage Pass-through Certificates,series 1997-3 (later dismissed without prejudice)according to records at Clerk’s office…however, the complaint only stated that Bankers Trust Company As Trustee By Residential Funding Corporation Attorney In Fact…it was the attached assignment of mortgage (not mortgage and note) that was stamped with the above info of the ICIFC etc…the same people that assigned the mortgage to Bankers T.

        Then in October 2008 a second foreclosure lawsuit was filed against the same homeowner this time by Deutsch Bank Trust Co, FKA-Formerly known as…but Deutsch was never Banker’s Trust…they bought it over…when BT was in trouble…as I was saying…filed by Deutsch Bank, FKA BTC of CA, N.A. as Indenture Trustee Under the Indenture Relating to IMH Assets Corp.,Collateralized Asset-Backed Bonds, Series 2003-9F….what happened here? What is the difference between the two types of trust? That first assignment above now proving to have been defective….and then another assignment attached to this second attempt of foreclosure with robo signer Jeffrey Stephan…and assigned from BT to Deutsche…
        Will someone please let me know if 1. these trusts ever existed under the alleged names above? 2. How can it go from Portfolio loan to securities? 3. What would cause the trust to be different? 4. I tried to research it but somewhere on the SEC it showed as if it was owned by countrywide or ??? very confusing and something about Schuab??? your thoughts are most welcome…this case was later dismissed again without by the Court Administrative judge…
        5. Can this be tried again the third time?

        Reply
  • Lynne  July 23, 2011 at 6:58 pm

    I found the PSA– BUT this trust is “private”–meaning they are NOT required to file anything with the SEC. Obviously, I did not find this under the SEC– I had to think outside the box to find my PSA. :)

    Would the legal argument about ‘capacity” still hold true for all trusts -whether or not they have to file under the SEC?

    Reply
    • PATRICK FARRELL  October 30, 2011 at 3:17 pm

      Do you have a contract with this private Trust? I doubt it!
      Were you informed of this private trust before signing anything?
      I doubt it! Then it is void due to lack of full disclosure.
      A one sided agreement is called a Cestue Que Trust.
      It is made by one side, but it includes you or another.
      The United States, is a Cestue Que Trust, which made you a “citizen” which means YOU are liable for the debts of the USA, that is how the TARP was made. Google STRAWMAN and read about
      SOVEREIGN
      SECURED PARTY CREDITOR
      STRAWMAN
      UCC
      Or e mail me, and I will send word doc’s to read.
      You are either a victim or a Victor

      Reply
      • Jim McDonough  November 9, 2011 at 1:18 pm

        Please send me information on the strawman Secured party creditor etc.
        Thank you
        Jim

        Reply
      • Leah Dean  November 19, 2011 at 11:22 pm

        Patrick:

        Your comments have interested me a great deal. I have found my PSA and my Loan Number under CWABS 2007-2. I was not even aware there was a trust until July 2011 which is Bank of New York Mellon. My loan of course started with America’s Wholesale Lender (aka) Countrywide Mortgage. My Servicer is Bank of America and I have requested that the promissory note be provided with assignments. Of course the response from Bank of America is this information can only be disclosed once the loan is paid in full. Bank of America set my home up foreclosure on Dec 6, 2011. After receiving my package with proof that my loan was in this pool, providing the PSA, giving them 130 pages of loans including mine which I found in the pool, Bank of America now advised me the need to do more research and has stopped the foreclosure for the time being. I had absolutely no idea that all of this was going on with my loan until I got on this website. Thank you for all of the helpful information.

        Leah dean
        Pasadena, TX

        Reply
        • macky  December 10, 2011 at 12:03 am

          Leah: Great to see your post! I have the SAME situation to a tee! I called BofA and informed them of my knowledge and that I would be contacting a lawyer to proceed with a suit for “Predatory Foreclosure”. Within 2 business days, I received an e-mail from BofA affiliate, UTLS; ever heard of them? informing me that a postponement has been issued until Jan 18th. Do they think I’m going away?? I have poured hours & hours of research into this Heist purpetrated by all the big banks, and I’m informing everyone I know about what is going on. I will be filing a TRO on Monday to show cause for Quiet Title on my property. This site is overwhelming but absolutely fantastic!! I am not going away without a fight, Bring it on!!!

          Reply
          • Leah Dean  April 10, 2012 at 12:29 am

            What a great blog and website. I have been here several times. I am now in great fear of loosing my home although I have located the Pooling and Service Agreement, my loan under CWABS 2007-2. I can not find an attorney here in Houston TX that knows anything at all about MERS securitized mortgages. I found one Judge Samuel Brown and what he wants to do to help is so scary. He literally wants to charge the client $1,000.00/month to to a forensic audit of the mortgage. He will place a lien on the home and if you loose in court then he gets the home or something like that. This set up he has is scary. If you call him and he is in the office, he leaves and calls from a cell phone to speak with you. It sounds really shady what he is doing so I hung up on him today. I really want to locate a good attorney in Houston TX that knows all about MERS, Bank of New York, Bank of America, America’s Wholesale Lender, and Recontrust. I need to do this like within the next couple of days.
            If anyone can help me please let me know.

            dean_leah@yahoo.com

      • Tony Steward  December 29, 2011 at 6:26 pm

        Patrick, I would love to see the Strawman doc if you could forward that to me. Also, my original mortgage was with WAMU (7/12/04) but then did a refi to remove PMI. This was with Capital One Home Loans on 10/12/05. BofA currently services this loan and I’m trying to find the PSA and other pertinent data. For all others, one very important step is to do a title history search and list all UCC, assignments, etc. Look for any breaks in the chain of title.

        Reply
  • ldelde  October 14, 2011 at 4:54 am

    Is it possible to see the pools on the loan level to verify that my specific loan is in fact in included? How do I gain that information?

    Reply
    • Leah Dean  November 4, 2011 at 12:14 am

      This is a response to Idelde. Yes, you can absolutely find your loan in the pool. I did mine. I followed exactly the instructions that are in this email and I found everything. You will find your 15(d) form as discussed on this blog, you will find the Prospectus, the 8K
      and be able to see who the Trustee, Master Servicer, and other parties are. My company is under CWABS. I closed on my home in January 2007 and my loan was put in the pool on February 9, 2007. I could not find my loan in 2007-1 but I did find it in 2007-2. The Form 15(d) was filed in February 2008. Therefore, the pool no longer has to report to the SEC because the pool is claiming they had 8 or less investors left.

      Good luck and if you need any help just let me know. I will try to walk you through it. Like they said, you really have to want to find your loan because it is pooled with like 5,000 other loans.

      Leah Dean
      Houston TX

      Reply
  • Tim  October 19, 2011 at 10:39 pm

    Uh, I remember drafting my first pooling and servicing agreement. Not exactly what I had in mind when I went to law school….

    Anyway, good luck to a layperson trying to navigate a structured finance deal. I question whether some of the investment bankers that sell the securities really understand the details and they are relatively sophisticated.

    Reply
  • PATRICK FARRELL  October 30, 2011 at 2:29 pm

    Google JOHN KORMAN VS. AURORA, et al- UNITED STATES DISTRICT COURT-WEST PALM BEACH-9:11-CV-81163- KORMAN VS. AURORA,GMAC, BANK OF AMERICA,COUNTRYWIDE et al- 10/18/2011.
    The first 135 paragraphs are great.Securitizing a loan, makes it a security, so the loan is unsecured, also all notes were destroyed when securitized, to avoid “double-dipping” according to a bank Lawyer who spoke before the Fl.Supreme Court.No note=no 4 closure.
    Also, as per GAAP, the note is an Asset to the borrower, and a liability of the bank.You did not get a “loan” you invested in a security, and can demand Recoupement!!!!!!!!!!!!!
    Checkmate, Bitch!!!!!!!!!!!!
    Read the suit

    Reply
    • Dave  November 30, 2011 at 8:36 am

      Patrick I have tried to Google this case, But it takes me directly to matt weidners site. Can you please send me the link so i can review this case.

      It will be greatly appreciated

      Thanks

      Dave

      Reply
  • izraul  November 20, 2011 at 4:55 am

    Clearly chase and the rest of these banks still can’t be trusted. It’s all a big joke to them. They are ignoring the law, and lying about changing their illegal tactics. They broke the contract with the government and just took our money and said screw americans, the government and america! Any judge who still ignores these facts is not fit to be a judge. I personally would be outraged as a judge for the lack of respect and the mockery they are making of our legal system. How dare these arrogant bastards piss on america and then try to tell us it’s just rain. A judge who allows this conduct to continue should be held liable for aiding and abetting and charged with treason. How much longer is our government and our so called regulatory agencies going to let these criminals make them look like weak scared idiots? To us and the rest of world! What lack of respect and nerve these people have. Committing fraud on the courts to steal our homes and rob us blind while our families and friends over seas sacrifice their lives for us, them, and this country! And then spit and piss in our faces for it. UNREAL!

    Reply
    • elesi  December 16, 2011 at 6:12 pm

      i need to find my psa info

      thank you so much

      elesi

      Reply
  • JeninGA!  December 1, 2011 at 12:15 am

    Great post and great info in the comments too.

    I have been educating myself on this topic for about 4 months and it seems each answer leads to another question.

    My 1st and 2nd were put into FHLT 2005-E. I searched the SEC site and found the Investor ID numbers assigned to each of them.

    I have been reading the PSA and other documents filed for this trust FWP, Prospectus, they also filed to stop filing about a year later in 2006.

    Trust was purchased by Freddie Mac 12/05.

    I have many documents that when reading the PSA suggest my loans may have been removed/traded out/or repurchased from the trust.

    How can I confirm this? I have been told ask your servicer. (Feels like asking the wolf to watch the hen house.) Just was transfered from Litton to Ocwen for servicing so I sent a QWR and the reply was “the beneficiary for my loan is the Trustee for the trust”. Is it possible the new servicer just looks at the info in the file? What they sent me shows I was in the trust but I want to know are the loans STILL included in the trust?

    Today I called the Trustee listed on the FWP. The woman was suprised I got her #. Requested the info, she called me back and said I needed to send her a request in writting so they can send it to my servicer? Not sure if that was a good idea or not.

    My 2nd was charged off by my previous servicer in 2010. I do not see how the loan could remain in the trust if it was charged off?

    Freddie Mac has filed a claim with Credit Suisse that includes this trust (the loans were misrepersented is what Freddie says).

    If you know of any other way to find out if loans are STILL included in trust please let me know. Also if you know anyting about -if a loan charged off by servicer, can still be in the trust- I would appreciate your comments! Thanks!

    Reply
    • Tony Steward  December 29, 2011 at 8:22 pm

      What did Freddie Mac actually re-purchase? If the loan was securitized, it is no longer a mortgage but rather a stock and traded either publicly or privately. Once it becomes a stock it can’t revert back. Just a thought.

      Reply
  • Sunny H  December 14, 2011 at 12:20 am

    Has anyone searched the sec for mortgages securitized by Lehman Brothers Holdings Inc? I’m trying to find its Structured Assets Securities Corp. for series 1999-RM1, but not finding much. It was privately done, but shouldn’t there be some record? Thanks. I’m so impressed by what some of you have done and by the owner of this site.

    Reply
  • Mark  December 20, 2011 at 7:31 pm

    We were served with LP that was filed 11-7-11 at our county court house. Subsequently, and after requesting the original “note” in blue ink, along with the assignments, the attorney sent a copy of the note and an assignment dated: 11-17-11, completed by a known robo-signer mill, National Title Clearing. The new trustee for this original Taylor Bean & Whitaker loan is now U.S. Bank National. The assignment has NOT been filed as of this date in our county and I have filed the “Request for production of documents” demanding the original blue ink note and assignments. The attorney simply sent another letter, attaching the copy of the “note” and states he has it in his possession and if we’d like to drive 190 miles we can inspect this document in his office. I don’t think he actually has it, since this law firm is notorious for document creation, forgeries and false affidavits. The clock is ticking for them to respond with documents, and if they don’t I will file a “Motion to Complel” and ask the court to force them to produce something, they probably don’t have. In addition, I’ve sent certified RESPA requests to the servicer and the attorney, since I really don’t know which is the actual “servicer” at this moment.
    I have the PSA and will be educating myself on this can of worms soon. Any advice from fellow bloggers?

    Reply
    • Sergio de la Cruz  February 6, 2012 at 10:55 am

      Hi Mark

      howou able to get the PSA? I have exhausted efforts, being the last resort the SEC. But SEC could not help and referred me to OCC. OCC seems quite explicit in its letter responses that it does not seek to hold banks responsible, as “we do not want to hurt the economy”…So BofA continues with its constant harassment tactics on a daily basis. I wish I could get a hold of the PSA. Please guide me the best you can. I appreciate.

      Sergio

      Reply
  • Mark  December 20, 2011 at 7:33 pm

    Furthermore, Taylor Bean & Whitaker was shut down in 2009 by the FED and the CEO has been sentenced to 30 years in SC pen. I really don’t think TBW has any records left to close what appears to be serious chain of title issues.

    Reply
  • Toni  January 2, 2012 at 10:09 pm

    My trust was list on Notice of Intent, I looked up the information. I actually made copies of the documents, it is just as stated when it was filed and the 15D was filed along with it. I contacted the SEC to asked whether or not the Trust was still active. I was told they were not, they filed the initial paperwork and have not file anything since since 2007.

    Reply
  • Sergio de la Cruz  February 6, 2012 at 10:45 am

    Loan originator is K Hovnanian Mortgage LLC of my first home purchased and loan closed on December 2005. This is not a subprime loan. It is a 30 year mortgage fixed rate of 6.25% on a so called “Stated Income”. In 2006 I lost all overtime income. In 2008 I lost promotion wages. In 2009 I lost further wages all “due to the economy”, as my employer says. In 2010, and after much stess and time, BofA (Servicer) granted loan modification. however, never honored terms and conditions of this agreement. In 2011, I lost my 4 year part time job again due to the economy. now, I am no t able to make mortgage payments and BofA harasses everyday, but no foreclosure ever filed in county. I have asked BofA, Fannie Mae, SEC, OCC, KHovnanian, ext for the Pooling and Servcing Agreement. Despite my request sent certified mail via QWR all have only but ignored my requests. I know I have a securitied loan. The property value is now “under water” and I am not getting any help whatsoever. I can’t afford being homeless and having many health issues at the same time. I need help but frankly Mr. Weidner I have no other place to turn to. I want leverage with the Lender. Something fair and reasonable. Please guide me into what else can I do. Thank you.

    Reply
  • Dionne  February 7, 2012 at 1:31 am

    I an new to all this, was reading about pooling and servicing and came up on this. They are trying to foreclose on my home. I filed an emergency quiet title action and the attorney are stating that I have no claim. have a court date in the next couple of days, don’t know what to do. I was trying to follow the directions above but could not find my information. My bank is Wells Fargo and loan was closed on April 24, 2009. I live in a non-judicial state. They throw out my case before because of improper service. Can someone please help me.

    Reply
  • Rich  February 10, 2012 at 10:18 pm

    Have you o applied for the HAMP? the forclosure has to stop while you are being considered for the HAMP program OCC Consent orders…banks were asked to stop being stupid with the dual track processing of forclosure and HAMP consideration.did not .stop last year and .I wish like you but you can prevail..do not trust a lyer..xcuse me lawyer…they are part of the BBBIIIGGG problem…when people get smart, lawyers and judges…mostly, will change cloths put on their people cloths and hide in the crowd! private corporations all of them…for profit…conflict of interest? follow the money…

    Reply
  • Penni  April 8, 2012 at 4:59 am

    So Matt, did you send in a response to Judge Collyers court before she ruled on the AG’s complaint settlement with the banks? With the time now gone by that anything can be done about it…you can tell us, can’t you? Did you even bother to oppose a ruling taking place until more investigation had been done? DID YOU DO ANYTHING OTHER THAN WRITE BLOGS ABOUT HOW HARD YOU ARE TRYING? DID YOU CONSIDER INFORMING YOUR READERS ABOUT THE RULE 24 INTERVENTION? Sincerely interested if you even tried. Penni

    Reply
    • Matthew D. Weidner, Esq.  April 8, 2012 at 3:24 pm

      As an attorney, I am bound by restrictions that prevent me from encouraging people to go out on the edge into areas of law that are not totally supported by the existing case law…..I deemed that there was no solid right of intervention….and the fact of the matter is this deal was cooked from the begining. even those who had a very real right to intervene chose not to do so….that speaks volumes….

      Reply
  • brian davies  April 18, 2012 at 10:34 am

    The PSA Section 2.0 Covers Conveyance of Mortgage Loans Into The RAST 2007-A5 Trust. This Is One Of The 250 Trust Deutsche Bank Serves As The Trustee.
    The Pooling and Servicing Agreement (“PSA”) is formed using New York Laws. Any breach of compliance would simply not comply with the New York Trust Laws. Breaches of the reps and warranties cause MBS Trusts to put back $ Billions worth of loans to the originators.
    Davies’ New York Trust Law Review Regarding Proper And Timely Delivery Of Notes And DOT To Allow Entry To RAST 2007-A5. This Is Important For The Tax Breaks To Be Allowed.
    New York Trust Laws suggest that there is no trust under the common law until there is a valid delivery of the asset in question to the trust. Until the delivery to the trustee is performed by the settlor, or until the securities are definitely ascertained by the declaration of the settlor, when he himself is the trustee, no rights of the beneficiary in a trust created without consideration arise Riegel v. Central Hanover Bank & Trust Co., 266 App. Div. 586 (N.Y. App. Div. 2d Dep’t 1978). If a trust fails to acquire the property, then there is no trust over that property that may be enforced. According to the RAST 2007-A5, Certified PSA all promissory notes transferred to the Trust are required to have a complete chain of endorsements from the original payee thereof to either “Blank” or to the Trustee for the specific Trust. , ( Ex 13, ER 0227 to ER 0234)
    The PSA requires this complete chain of endorsements to be in place by the Trust’s closing date. Under no circumstances later than 720 days after the Trust’s closing date. The last possible day to transfer Davies ADOT along with the Note was March 29, 2009. Both of Davies’s ADOT occurred months later. (Ex 13, ER 0229 ) See also: (Ex 13, ER 0278 to ER 0279)The PSA, Section 2.01 outlines the proper conveyance of the Mortgage Loans. (Ex 13, ER 0227 to ER 0230) The PSA, Section 2.02 (Ex 13, ER 0230 to ER ) outlines the Trustee’s responsibility to confirm that the proper assignments, endorsements to show a complete chain of title.

    The threshold issue of whether Davies can make any claim related to the loan’s securitization affects the viability of many of the individual claims. The Court in Rodenhurst v. Bank of America, 773 F.Supp.2d 886, 899 (D. Haw. 2011) stated that “[t]he overwhelming authority does not support a cause of action based upon improper securitization.” However, the discussion cited in that case centers on plaintiffs who claim that securitization itself violates the agreement between the mortgagor and mortgagee. Here, Davies does not dispute the right to securitize the mortgage, but alleges that as a result of improper procedures, the true owner of his mortgage is unclear. As a result, he has allegedly been paying improper entities an excess amount. Ninth Circuit district courts have come to different conclusions when analyzing a plaintiff’s right to challenge the securitization process. See Schafer v. CitiMortgage, Inc., 2011 WL 2437267 (C.D. Cal. 2011) (denying defendants’ motion to dismiss declaratory relief claim, which was based on alleged improper transfer due to alleged fraud in signing of documents); Vogan v. Wells Fargo Bank, N.A., 2011 WL 5826016 (E.D. Cal. 2011) (allowing § 17200 claim when plaintiffs alleged that assignment was executed after the closing date of securities pool, “giving rise to a plausible inference that at least some part of the recorded assignment was fabricated”). But see Armeni v. America’s Wholesale Lender, 2012 WL 603242 (C.D. Cal. 2012) (dismissing declaratory relief, quasi-contract, UCL, and accounting claims because “plaintiff lack[ed] standing to challenge the process because he is not a party to the PSA”); Junger v. Bank of America, N.A., 2012 WL 603262 at *3 (C.D. Cal. 2012). As in Vogan, and unlike Armeni, Plaintiff here alleges both violations of the PSA and relevant law. See also Johnson vs. HSBC USA et al. Case No. 3:11-cv-2091 (C.D. Cal. March 12, 2012) Motion to Dismiss where the Court found that the Johnson is not categorically excluded from making claims based on allegations surrounding the loan’s securitization. As in Vogan [as cited by Johnson], and unlike Armeni, Plaintiff here alleges both violations of the PSA and relevant law.

    Reply
  • Bicka  April 27, 2012 at 8:03 pm

    Just lookng at your article about finding the pooling and servicing agreements. I’m having some difficulty. Here is why: Ex and I bought house from Pioneer Mortgage in 1992. We re-fi again with Pioneer Mortgage in 1994. Sometime around that date of the re-fi, the loan was ASSIGNED to Hibernia, although Pioneer maintained that it still retained ownership of the note and mortgage. When all this began I thought Hibernia had bought out Pioneer. In reality, Hibernia did buy out Pioneer Bank….don’t know about the mortgages, but we started getting our statements from Hibernia. When we divorced in 1998, I took over making the payments – mortgage still in both of our names. In December of 2001, I refinanced (or at least I thought so) with UC Lending (They filled in the date as being November of 2001), but my disbursement check which I got at the time said December 2001. It might have even said Jan 2002 – I have to go back and see. UC Lending became Aegis Mortgage and to my recollection UC Lending assigned or transferred the servicing rights to Aegis Mortgage. Although they show me as having signed the mortgage with Aegis Mortgage DBA UC Lending. When I went through bankruptcy in 2003 – 2008, (and I got royally screwed by a number of corrupt bankruptcy attorneys), at one point there was an Adaquate Protection order and an Amended Consent order. I was originally going to sell my home and get out of the whole mess, but then I decided I could come up with the money I owed and wanted to try to retain my home for my kids. And, I remember this clear as day….. I came up with the money i owed in arrears. Aegis, had me call up a real estate agent and ask them what the house would sell for. They then used that price as what I had to sell it for. After I told them of this, they “found” my appraisal. Problem is, the person who did this appraisal is not the same person who did the original one listed in the papers. Plus, this one was inflated. When I decided I could come up with the money to not sell my house, I remember going into court and them saying I had to agree to the difference of the appraisal amoung in order to keep my home and they had me initial the first page of the mortgage again. I thought this was weird, but I did it. It wasn’t until just lately that I have been thinking that they did that to re-write the mortgage in Aegis name instead of UC Lending as well as to increase the amount I originally owed. The guy who sold me the creepy mortgage in the first place originally prepared two sets of loan documents (in case I wanted to take out a bigger loan). Looking at this Edgar thing, I cannot find anything on UC Lending and NOTHING on Aegis that would be the date they are showing on the mortgage document. I can’t find anything from Hibernia from 1994 either. So….I’m wondering if I should go ahead and look under the date of when this Adaquate Protection and Amended Consent order is to see if it is listed under that date, then I can prove they re-wrote the loan in BK court? What do you suggest I do?

    Also, ex went through chap 7 before I went through chap 13 – but he did not list the house. Aegis assigned servicing to GMAC – who started their correspondence with me by saying “now that you have gotten out of chap 7″. Then GMAC assigned it to Nationstar. The amount he got discharged is about the same amount as what I thought the original value of my mortgage with UC Lending(Ageis) was. In Chap 13, I somehow went from $77,000 in secured debt to over $240,000 in secured debt. So….should I be looking at GMAC in Edgar? He had a car that he had taken a loan out with GMAC for. Perhaps they attached all his other liens onto that?

    Reply
  • Bicka  April 27, 2012 at 8:03 pm

    Just trying to find out “where” in my case, I should look for the pooling and servicing agreement. Any Ideas?

    Bicka

    Reply
  • jenna from california  May 12, 2012 at 6:43 pm

    Mr. Weidner. You are wonderful for the help you give us.

    Do you know any “real” foreclosure attys in Calif. I’m around San Francisco. Attorneys here don’t seem to practice “foreclosure” law.

    Thanks

    Reply
  • Dave  May 21, 2012 at 2:44 pm

    In re Innkeepers USA Trust, Case No. 10-13800 (Bankr. S.D.N.Y. April 1, 2011)…”Granting standing to a certificateholder would not only override the terms of the [servicing agreement] and alter the bargained-for terms and risks investors undertook when they bought certificated interests in the [f]ixed [r]ate [l]oan, but it would also encourage and embolden other certificateholders to hire their own counsel to challenge the special servicer’s authority and to advance their own individual and conflicting pecuniary interests. This would dramatically alter the CMBS landscape and render the delegation to a special servicer meaningless.”… ” The Court held that because the Certificateholder held beneficial interests in the REMICs that owned the fixed rate loan, it was merely an investor in a creditor and not the debtor; therefore, it did not have standing to be heard on the Motion in its capacity as a Certificateholder.2 “

    Reply
  • Paul  June 13, 2012 at 3:48 pm

    98152QAAO CUSIP WORLD SAVINGS REMIC 31, I can’t find the PSA agreement. Any advice, went on IRS and Sec website.

    Reply
  • jacqueline obrien  June 14, 2012 at 12:46 pm

    Hello Matt
    Excellent website:)
    RE: “Lost Note” a copy has been found and there is an affidavit from a original world savings employee who went on to work for wachovia and now is with Wells Fargo saying the loan was never securitised plus numerous other claims. I would like to find out if it was… so I followed your instructions to the SEC website. Put in world savings but 0 results. Any idea how I can find out? Any advice would be welcome. Thanks

    Reply
  • Simone  June 15, 2012 at 9:57 pm

    Mr. Weidner
    I hope I have not over stepped any boundaries or done anything disrespectful but posting the above on your website. We really are here to help people stay in their homes.

    Reply
  • Tate Houston  August 21, 2012 at 11:21 am

    What I need to know;is anyone filing a class action. I would like to be apart of a class action.

    Reply
  • Dwayne Zook  August 29, 2012 at 5:24 pm

    Challenging the trust’s standing based on a violation of the trust’s pooling and servicing agreement has failed. Debtor’s who raise the objection are overruled based on a third party lack of interest.

    See Castillo v. Deutsche Bank at http://www.3dca.flcourts.org/Opinions/3D11-2132.pdf

    There is no doubt that the trust’s pooling and servicing agreement fails to provide the trust with an enforceable interest in the notes

    (a) The trusts are formed when interest in the trust’s promissory notes are assigned by an entity other than the originating lender; an entity without interest purportedly assigns interest. A broken ownership chain of a promissory note has long been held by the courts as legally impermissible.

    (b) The trust’s pooling and servicing agreement also requires blank endorsed notes to have ” all necessary intervening endorsements”. Blank endorsed notes therefore do not give mortgage pooled trusts an enforceable interest for those notes.

    The court no longer requires evidence that the trust have an enforceable interest in the notes when affirming these trust foreclosure cases involving pooled mortgages. Attacks to the trust’s standing by the debtor are overruled based on third party lack of interest.

    The problem with these rulings is that the debtor is now vulnerable to a second foreclosure action with the same note. Should the blank endorsed note be misplaced and unknowingly end up in the hands of another lending entity, such as the service provider, then they could easily and legally foreclose on the debtor a second time simply claiming that they, and not the trust, possess the enforceable interest in the blank endorsed notes.

    The banks have changed foreclosure laws, assignments can be executed years later and backdated, blank allonges signed by God only knows who appear years after filing as a cure-all flavor of the month. Wall Street once again rips off Main Street and the courts roll out the red carpet and appellate judges throw rose pedal before the banker’s feet.

    Reply
    • Dave  November 24, 2012 at 12:07 pm

      Try taking this approach http://www.sec.gov/rules/final/33-8518 find the defintions section for ” obligor “, there is a rule section for what is ” delinquent ” (d)  Delinquent, for purposes of determining if a pool asset is delinquent, means if a pool asset is more than 30 or 31 days or a single payment cycle, as applicable, past due
      from the contractual due date, as determined in accordance with any of the following **********(1) The transaction agreements for the asset-backed securities; if you are ” delinquent you must be an obligor and you must be a beneficial party ” either intended or third party ”
      When you challenge the Trust that it does not exist, it is their burden to prove that it does, just as they must prove that you an obligor to the trust and that the obligor is delinquent.
      D. Transaction agreements specify the structure of an ABS transaction. A common form of such an agreement is a ” pooling and servicing agreement” often among the sponsor, the trustee and the servicer.
      A. The transfer of assets is a two-step process: the financial assets are transferred by the sponsor first to an intermediate entity, often a limited purpose entity created by the sponsor for a securitization program and commonly called a depositor, and then the depositor will transfer the assets to the issuing entity for the particular asset-backed transaction.
      And my favorite one is this… B. There are no substantive requirements as to the timing of the cash flows under the definition, such as that they must be constant and uninterrupted.( I guess this the ” Maturity date ” in the Note some 30 years away… before you can be ” delinquent ” ?

      Reply
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  • Electronic Research  October 7, 2012 at 9:04 am

    I have thought fairly a bit about this matter since I’ve started to read blogs which relatively speaking is not all that lengthy a time. I appreciate your insights and experiences here. They are very candid and it could be arduous to find this information elsewhere.

    Reply
  • online fx trading  November 26, 2012 at 11:14 pm

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    Reply
  • Beth Case  December 3, 2012 at 7:54 pm

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    Beth Case

    Reply
  • lorriejensen  December 13, 2012 at 3:07 pm

    I also have a case where in CA and also Pro Sea litigants. we are set for trial in January and suppose to turn over any discovery we have we have filed a lawsuit against our lender for 2 causes of action we need any help we can get. our deed of trust was forged and the deposition of the notary proves that we were out of the state at the time of this closing . Any help we need an attorney that would be willing to help us in this fight. We have been fighting for 3 years still in our home please call or

    Reply
  • Doris  December 28, 2012 at 11:41 am

    I could not find the information on my loan, can someone help me with this?

    Reply
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  • Juls  January 13, 2013 at 10:27 pm

    “Has anyone actually verified that the secularized trusts claimed to be under the trusteeship of some of these banks still ACTUALLY EXIST”? I have some VERY interesting theories on this question,
    All of a sudden I feel like there are more details out there on the securities aspect, it is lighting up!
    Would love to talk to someone who knows about securities.
    I have have my entire loan file from the Mortgage company,including the Mortgage Ledger where in MY loan account is shown the Receivables and removed amounts id number of depositor ??? Anyone able to put the puzzle pieces together? Need a Securities Attorney for Consumer. I have been researching this for EVER! I am glad people are starting to see the bigger picture.
    I have some clues I would really like to talk about and I am in a position where I am in a desperate hurry for myself, but I think this could help so many people… Thanx for the article.

    Reply
  • Iris Mendoza  January 15, 2013 at 10:08 pm

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    Reply
  • Geradessiel Simon  January 29, 2013 at 5:42 pm

    Justice returns to righteousness=Ps.94:15!
    After nearly 5yrs., Wells Fargo,wicked Real Estate Agents have waged war against us,even to send from Sheriff’s Department(though the department denied that officers were sent from them!),THE LORDGOD of Israel has fought & kept us in HIS secret place,like it says in Ps.91(our property is on 91st.)! HalleluYAH! We are now awaiting the Pooling & Service Agreement,for the testimony from=Ps.12:5,from 2012,that the poor & needy are set in liberty & prosperity!

    Reply
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  • cathy  February 1, 2013 at 5:14 pm

    if all you say is true then you have done a greatservice to the people in need help. These companys are become wealthy off of are hard earned money. Thank you so much for this information

    Reply
  • Raymond  February 15, 2013 at 12:44 am

    May I point out that there is a slight error in the above article.
    Form 15 can be filed if the number of “HOLDERS”, not INVESTORS have fallen below the 300 threshold. There can be for example 1500 investors, but only 150 “HOLDERS”, who are then permitted to file the Form 15.
    If a trustee is dissolved/withdrawn/assumed/retired/resigned etc, and a Form T1 is not filed in terms of the TRUST INDENTURE ACT of 1939 for a replacement Trustee, there is every like-li-hood that the Trust has ceased to exist. The SEC has NO knowledge of the internal workings and reason of each filing by a company/trust.
    Also according to the majority of the REMIC trust PSA’s, the ONLY duty of the Trustee is to receive/accept payments from the Servicer, deduct certain fees and it’s agreed income fee, and thereupon pay the balance over to the investors of the SECURITIES, not the assignees of the mortgage and the note. It is the duty of the SERVICER to issue the summons in a foreclosure matter, not the TRUSTEE. The PSA is specific who has the authority to conduct foreclosure proceedings.

    Reply
  • TERESA  March 7, 2013 at 4:17 pm

    Raymond, that is wonderful information. I just checked my PSA, and hey presto! there it was:

    Alternative to Foreclosure

    Under the Transfer and Servicing Agreement, the Servicer will initiate foreclosure or comparable proceedings within 120 days of a default on a Mortgage Loan for which no satisfactory arrangements can be made for the collection of delinquent payments unless such proceedings are prevented by law. As an alternative to foreclosure, the Servicer, among other available alternatives, may arrange for the sale of any such defaulted Mortgage Loan to a third party in an arms-length transaction and at fair market value, in accordance with accepted servicing practices.

    Looks like many foreclosure were not only initiated by those that likely do not own the note, but also by an entity that has ignored its own Pooling and Service Agreement….

    Reply
      • Ronnie Lipton  March 8, 2013 at 9:54 pm

        The borrower can bring up that proper assignments were not made per the psa to get the mortgage into the trust, and that is more than enough.

        Reply
  • William Curtis  March 9, 2013 at 1:37 pm

    My Investor is “deutsche bank national trust company as trustee of residential asset securitization trust 2005-A4, Mortgage Pass through certificates, series 2005-D under the pooling and service agreement dated march 1 2005″. My servicer is Indymac/OneWest. Is it possible to find out if this pool of loans was covered under some credit default swap insurance product and has therefore the investor has already been compensated for their loss?

    Reply
    • chuck sherman  April 24, 2013 at 9:03 pm

      please let me know, i to am serviced by one west with everything the same as you

      Reply
  • Isidro Lekey  April 17, 2013 at 2:50 am

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    Reply
  • gary lee,  May 13, 2013 at 12:11 pm

    Matt, this is wonderful info. How do I actually confirm my Note is in a specific pool, though? I know the dates I signed (Dec 1, 2004), I know the date Fannie Mae claims to own the Note (Dec 29, 2004), and I have it narrowed down to one pool, but I am sure that would not be admissable “evidence” in court, unless I can provide a doc showing my Note was actually in that pool. I have played with everything I can think of to find the docs for the Notes actually in the pool, but haven’t been able to figure out how to do that yet. Must be a secret to finding it! : )
    Wanna share the secret? ; )

    Reply
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  • Steve  July 24, 2011 at 11:20 pm

    I have a primary and investment property, both currently with BOFA servicing. BOFA states that Freddie Mac is the investor and the Freddie Mac website look up loan confirms this. The loans originated with a lender no longer in business, that was immediately transferred to Countrywide for the Servicing and then on to BOFA for servicing. I just received a notice of default on the investment propety and states Freddie Mac is the investor, no indication of a Trust. What are the chances that both of these loans still could of been securitized along the way?

    Reply
  • Dawn  August 10, 2011 at 8:42 pm

    Are you sure that this blog shows you how to look up a freddie mac securitization?

    If it does then let me know asap please

    Reply
  • Pat B Idaho  August 17, 2011 at 5:19 am

    Dawn, I’ve been told on a GSE Mtg Loan the FDIC (Fed. Deposit Insurance Corp) under their FOIA (freedom of Info. Act)tab at bottom of opening page of FDIC site, if I remember correctly……anyway give your loan info. and for a minimal charge the FDIC will give you whatever they have on your loan. My loan was in a private securitized trust (non-GSE) so they had nothing for me….good luck.

    Reply
  • Steve  October 2, 2011 at 9:39 pm

    Hi Pat,

    I identified the pool and cusip # for my loan that Freddie is stated as the investor. Since it is a GSE loan then, the FDIC should have information on it?

    I need to get the PSA. I have at least identified my loan.

    Reply
  • Diane  October 7, 2011 at 11:16 pm

    I am having difficulties finding the trust for a GINNIE MAE TRUST
    and TRUST for JP Morgan Chase 2008… Also how do you find TRUST for Private

    Reply
  • HARVEY BAUM  April 26, 2012 at 6:57 pm

    what if the trust is not identified but is hidden in the foreclosure pleadings behind a plaintiff that was the servicer, or MERS, can i search the Securitized trust by the loan number on the note itself?

    Reply
  • Jack Reagan  July 29, 2012 at 12:34 pm

    Matt,

    What do you do when you locate and track the pooling and servicing and find out that Equity One INC. owns all the banks your mortgage has been thru. also Equity One INC keeps changing the P&S agreement. Look up EQUITY ONE INC and see what I am talking about. My original Mortgage was thru Ameriquest who made Deutsche Bank the Trustee, So, How can Litton Loan or Ocwen foreclose on me??

    Reply
  • Chris  May 2, 2012 at 7:49 am

    You have to look at the Trustee reports or the Issuer reports. Although many of these Trusts are not reporting to the SEC they are still reporting to investors. Interestingly enough some of these Trusts that had REIMC status under the IRS are reporting to their investors that some of the loans are in foreclosure. That’s a no no. Also check your trust for Servicer and Sub-Servicer, in some Trusts the Servcer does not have servcing rights, only the sub-servicer. Look to see who can foreclose, is it actually the Trustee or the Servicer? This is important becasue the sub-servicers will creat POAs from trustee to them, but don’t even list their tile correctly. All they do is swap out exhibits. Beware of Ocwen they number their POAs on the left hand side in regular handwriting. If it’s allegedly signed by Tuan Quach, Barbar Campbell, Ronald Reyes, could chance it is a fake. Write to the California Notary Commission and have the Notary verify it, and provide the thumbprint journal that is required.

    Reply
  • Carol  June 8, 2012 at 1:12 am

    I also would like to get an answer to that same question!

    Reply

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