Foreclosure Defense Florida

Does The Mortgage Loan Trust Even Exist?

I’ve been receiving and sharing excellent information and thoughts that have been shared with me by pro se litigants…there are some very bright people out there that are raising some very good questions.   In most of my litigation cases, we’re still stuck trying to get the very basic information out of the Plaintiffs–haven’t even moved into substantive discovery in most cases.

On a percentage basis, something like 80% of my cases have failed at the MTD stage because the Plaintiffs are unable or unwilling to substantiate the most basic information.   I anxiously await the far off time when we might plumb the real depths of the garbage filed in our courts to see what real mischief has been created….but read this below and think about what it means if this pro-se guy is correct.   How many millions of dollars have been transferred into trusts that no one has any idea whatsoever who owns/controls or operates?   Has there ever been a time in American jurisprudence where such massive amounts of wealth have been transferred with no evidentiary basis to support the transfers?



In my case the alleged trust is identified in the complaint as being “Soundview Home Loan Trust 2005-OPT4” (Sounview). In documents filed with the SEC Soundview holds itself out to be registered/incorporated in the state of Delaware, and this within numerous of the SEC documents. In the fall of 2008 I made a request to the Delaware SOS and received a statement from that office stating Soundview does not exist. I made another request in February of 2010 and received a similar statement which says, in pertinent part:

“…a thorough search of the statutory trust records…indicate the “Soundview Home Loan Trust 2005-OPT4″, is not the title of a Delaware statutory trust or foreign statutory trust. And I do hereby further certify that the records of this office fail to show that a statutory trust of the above title has ever filed a certificate of trust in this department.”

In addition to searching the Delaware SOS records I’ve also done an online search for same in New York (the most likely alternative state of registration/incorporation). New York currently has no record of Soundview.

I have reviewed the Delaware statutes relating to both domestic and foreign trusts. It appears, in my laymans interpretation, that all statutory trusts must be registered. Such is found in:

So it seems I have been sued by, not only a currently nonexistent entity, but a never existent entity. Is it possible for a non, or never, existent entity to maintain a lawsuit? Is there a requirement that MBS trusts must be registered?

I’ve wanted to make some hay out of this but have been unable to determine if there is any hay to be made. Can you shed some light on this for me?

If I am correct in my layman’s thinking, that there is a requirement for the trust to be registered as claimed, the failure to do so would give an alleged trust no rights whatsoever. No rights to own or hold any instruments, no rights to issue and/or sell any certificates, no rights to appoint a trustee, no rights to initiate or maintain suit, etc.

Again, if I am correct, I opine that instruments having been conveyed into the ether it may be impossible for the ether to convey them to any existent entity.

In my case the fabricated assignment of mortgage alleges to convey from Option One directly to DBNT, as Trustee for Soundview. This A-D chain of title is impossible. There needs to be a chain of A-B-C-D. The note, on the other hand, now has an allonge, endorsed in blank (2 years after filing the complaint and proffering a note bearing no endorsement or allonge an allonge has now been fabricated). It could be argued that the note and mortgage have been bifurcated, the note becoming bearer paper and the mortgage being assigned to the ether. Given that assignments must be executed by the grantee, and the ether is… well, ethereal, it is not possible for the ether to grant anything. Ever. Has the debt in my case become unsecured?

You had requested more information in re non, and never, existent trusts. Find attached a copy of the original complaint identifying plaintiff/trust, a copy of the statement received from the Delaware SOS, and a link to the SEC page for the alleged trust. Also a cut and paste of the text in my original email to you on this subject. It can be confusing communicating with me due to the problems I have in attaching files, thus a re-utterence of that prior email.

I had previously stated that I’ve been unable to determine whether this alleged trust is required to incorporate/register anywhere. They’ve told the SEC they have done so in Delaware – the onshore-offshore tax haven. It was an attorney at the SEC that first introduced me to that deliciously oxymoronic phrase. She was not able to answer the question of trust registration. No attorney I’ve spoken with has studied the issue from this angle so I’ve gotten no definitive or expert opinion. I’m not an attorney. I don’t even play one on TV. I do, however, read and study constantly.

To me it reasons this way. People/humans exist by virtue of having a heartbeat, thinking, belching. Statutory trusts exist solely by a state granting them permission to exist. Telling the SEC, and investors, that a trust is a Delaware trust places a requirement that the trust actually be registered in Delaware.

A link to the SEC page for Soundview:


  • bman says:

    There is a very sound argument that the note is unsecured now and that it was indeed bifurcated.

    From the SEC filings where I would start, the actual depositor that does exist is either Greenwich Capital Acceptance Inc or Financial Asset Securities Corp which are subsidiaries of Greenwich Capital Markets Inc located at 600 Steamboat Road, Greenwich, CT 06830. The phone # is 203-625-2700. The individual responsible for the Depositor and who would have knowledge of the alleged Trust is John C. Anderson and should be deposed if possible. The attorneys who set this structure up were Edward Gainor of McKee Nelson’s DC office and Richard Horowitz of Thacher Proffitt’s NY office.

    I hope this helps.

  • forensicmortgageexaminers says:

    To the ProSe who’s seeking answers, I wonder if a through review of the laws in re corporations in both Delaware and New York (you may have to seek out information about a “foreign” corporations) might answer your questions.

    To my view, the question is not if they have a right to exist, but if they have a right to transact (conduct) business without having properly registered for a license or, as in Georgia, a certificate of authority to “transact business”.

    For instance, O.C.G.A. 14-2-1501 explicitly states: “A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State.”

    Now, there are certain exclusions, and I’m sure there are exclusions in Delaware and possibly in New York, but it can not hurt to check what those exclusions might be.

    Good luck and let us know what you find!

  • Buyer says:

    Coming in a little late here. But, when a Trust is dissolved or settled, what process would occur which may be reported/traced?

    I guess the question is, what is the current disposition of a given trust? If it’s all been settled (with the exception of pending or future suits by investors v trustee), how would one know?

    Seems to me that if the trust has been settled/dissolved, then the obligation is also settled.

  • scot says:

    Does this trust exist? Did it ever exist? This is important because a non existent entity cannot sue in court.

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