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How I'm still in my home after 5 years of not paying a mortgage
By Ryan Reed
TABLE OF CONTENT
Message to the readers Who is the Lender How I did my file Audit How I did my Securitization Audit Show me the note Negotiable Instrument vs. Security Instrument Strategy Sample Letters
MESSAGE TO THE READERS
Life after the Mortgage Melt Down. I had a small mortgage company and I was doing rather well. Then sometime in 2007 it all began to turn around. Lenders weren‘t lending title companies were shutting down and business became very hard. I was forced to close shop. I remember thinking what will become of my life? What will happen to my family‘s stability? Life changed for me in an instance. The very thing I did for a living is now the very same thing I fight. I am on the opposite end of the stick now. I wrote this book to tell my foreclosure story. I hope that it inspires people to fight against foreclosure fraud. Yes FRAUD. I had to learn the other side of lending very quickly. The investment side and all that it means to me the borrower. I studied everything I got my hands on that dealt with investments, securities, debt collection laws and it all lead me to a deeper study of foreclosure fraud. If you brought this book you are either going through foreclosure or you find an interest in foreclosures. It is my sincere hope that you learn something you never knew before. This book is for the fighters who want to know how to master every angle of this fight. The opponent will come at you side ways, front ways, and upside down. If you are able to know each argument you have a better chance at putting them to shame. I call it a man at each door. Read my story knowing that I am an X Banker who had to put the pieces of the story together to fight. I will show you how I found fraud in the documents the attorney‘s, banks, servicer and trust used against me. I will also show you how I gathered evidence against them. I am a pro se litigant because I could not find an attorney that was willing to fight for my rights. The only thing they would say to me is did you pay your mortgage? That is not the question that should be asked. The question that should be asked is do I owe the entity that is making the claim. They never ask that. I found myself not only fighting the ―lender‖ but I had to still have to fight the ignorance of the attorneys. Not to mention that many of these attorney‘s do not want to fight the banks.
Before I read the definition I thought that WMC Mortgage was my lender then Chase became my lender. Who is the Lender? To answer this question I had to read the Fair Debt Collection Practicing Act (FDCPA) & USC title 15 1692. Again I thought the sale of the note made the buyer my new lender. I now am careful to say WMC is the lender on my deed of trust (because that is a true statement) The other side makes a point that they can sell the note as a provision within the Deed of Trust. Here are some definitions that help me change the way I talk and they can be found by reading The Fair Debt Collection Act and USC title 15 1692a (which can be found here http://www. Let me give an example I received a loan from WMC Mortgage. I am only sharing my story.edu/uscode/text/15/1692a) : The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed. So I had to change the way I speak.law. I‘ve learned to read and look for the answer as appose to just reading to learn. property. In fact they even called themselves the lender and secured party.I am not an attorney nor am I attempting to give legal advice. I am saying what they are saying. The definitions explained that this is not the case.cornell. When I read the first thing I do is look for the definitions of the words. However Chase is the entity that is collecting for WMC Mortgage. I dealt with the terms that were in line with my Note and Deed of Trust. I always find it. or services which . They wanted to train me to call them that and they did for a while. The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money. Nothing I share should be considered legal advice. If you need legal assistant please consult an attorney. When I look for the answer I find it. If I read to learn I will only see what they want me to see and believe me they don‘t want me to see the answer. Follow me for a moment. The definitions always paint a truer story. insurance. but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. If I call them that in court then there is no controversy. The way I read has helped me become a critical thinker.
A debt collector can collect on a debt for the creditor. Once I knew the definition I put in into perspective. Now here is where it gets tricky. Selling debt is very different. If Wells Fargo sells the payment right to PNC then PNC has a right to collect (Thus PNC is collecting for Wells Fargo). The purchaser of bad debt knows that you do not have a contract with them. They will make you sign a contract and once you do you are not liable to them because you agreed to it. directly or indirectly. PNC also knows it is not collecting for the creditor (Wells Fargo) . Investments have risk and they knew that when they purchased it.00 they are your lender PERIOD and they have a right to collect. The lender never changes they lent money. whether or not such obligation has been reduced to judgment. When PNC brought the debt they made an investment. or household purposes. Yes you agreed that they could sell the ―note‖. Remember the definition inside of USC 15. If I get a loan from Wells Fargo and they sell the debt (not to be confused with payment rights) to PNC that is very different than selling payment rights. Knowledge is power. The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts. They also know that there is no security agreement in place with you that gave them collateral interest in your home. The obvious question is are they collecting for the creditor? There is no evidence that they are. or who regularly collects or attempts to collect. Chase is the servicer. 00.are the subject of the transaction are primarily for personal. WMC Mortgage was my ―lender‖. debts owed or due or asserted to be owed or due another. If you have a mortgage loan and your original lender is attempting to foreclose there is no controversy. PERIOD dot dot. Not only do I have letters from the servicer claiming to be a debt collector but I have letters from the foreclosing attorney claiming the same thing. That means they must be collecting for the creditor according to the definitions. If Wells Fargo lent you $230. This is why in many instances they will settle or reduce the amount ―owed‖. In this scenario they are still collecting for the original lender. Selling and buying debt is huge in America. Your original lender is just that the ―lender‖ and you gave them collateral interest in your home. In this example PNC knows it does not have a contract with the Wells Fargo‘s borrower. Applied knowledge is powerful. Let me give another example so you can follow me. You contracted with them. They are both debt collectors. If PNC sells the payment rights to Citi Bank they have a right to collect as long as they provide proof that they have purchased payment rights. family.
‖ I did that. How I did my file audit / My Chart Looks Something Like This I gather all of the documents that pertain to my case even my order to docket (case) filed at the court house I gathered copies of everything used to initiate foreclosure Create a chart that looks something like the chart below Then recorded all of the information inside the chart DOCUMENT DATE WHO SIGNED IT . WMC Mortgage did not assign nor is there a its successor or assign on my deed of trust. But I‘m not finished. They are using a note and deed of trust that I have with WMC Mortgage to prove their claim. They never wanted me to start figuring this scheme out. We made a 30 year contract agreement.Then I wondered how does one get security interest. They can only give what they have. The judge would throw me out of the court room so fast. I remember saying to myself what if they assign it. So whose assigning and what right do they have to assign? This was a major find for me. MERS on procedural manual says it cannot sell assign or transfer any rights. I am not a party to the contract. I gave collateral interest to WMC Mortgage. The borrower provides the lender with a security interest on certain securities/assets which can be repossessed in the event that timely obligation payments are not met. I wanted to be able to point out the fraud that they di d in bringing this case to court (fraud on the court). What is interesting is that some trust with a long name is attempting to say they are the‘ secured party‖ and or ―lender‖. Good question. I can‘t enforce a contract between Joe and Mary in a court of law. How crazy is that I thought. Investopedia defines it as ―A legal claim on collateral that has been pledged. I was the only one who could give interest because I am the owner. usually to obtain a loan. So I created a chart to help me track the events that took place. Just that alone is HUGE! They are not my creditor nor are the collecting for the creditor. So I looked up security interest. They can only assign what interest they have. Check out page 63 of their own manual. They can‘t assign what is not theirs and there is no proof that WMC Mortgage assigned any rights to payment or that I gave collateral interest to its successor and or assigns.
Well I begin to do the study on that Trust. That looks like a bad debt purchase to me. Appointment of Substitute Trustee 1/2/2009 Attorney in Fact for Chase Crystal Moore Chase assigning to Chase Ohio Notary Jennifer Jacoby Signed by Christian Trowbridge Vice President of MERS / Chase Home Finance US Bank as Trustee for JP Morgan and Chase Acquisition Trust… Vice President Cassie Palmer Chase Home Finance JP Morgan and Chase Attorney Shapiro Burson & Shapiro and Brown 1/2/2009 1/2/2009 Debt Collection Letter 1/2007 2/2008 2/2009 Statement of Debt 2/2/2008 (normally filed in a court case – evidence they are collecting on a debt) I checked to see of the Notaries were valid by calling the Secretary of State where the notary is licensed and ordered a CERTIFIED copy of their signature card. The . They were ―assigned‖ the loan in 2009. Remember earlier I told you it was a trust with a long name. The servicer (not the creditor) assigned it to the so secured party. Why do I say that. Once I read them all it was life changing. So I thought. I paid $1500 to get an audit done by Neil Garfield.Assignment of Mortgage From Chase Home Finance to US Bank as Trustee for JP Morgan and Chase Acquisition Trust… MERS assigns mortgage to US Bank as Trustee for JP Morgan and Chase Acquisition Trust…. Well they said the loan defaulted in 2007. The signatures did not match. I then taught myself how to do audits. It took him about 5 months to get his findings back to me and it was just a bunch of papers. (out of the principle agency is established) There was no assignment from my creditor or an agreement to prove right to payment filed. According to their own document they purchased bad debt. I noticed my assignment was self assigned.
Form 15. The Prospectus explained the risks to the investors. I printed out my documents and created a chart just like my file audit of the findings. Notice of Intent to Foreclose. If I couldn‘t find it that way I would have ordered it through a local auditor and obtained a Bloomberg report. How I did my securitization audit You must first have the name of the ―secured party‖ If it is not on your letter of intent you can send a qualified written request (QWR) a sample can be found by doing a simple google search for ―qualified written request‖.01 that spoke of how mortgages convey.gov/edgar/searchedgar/companysearch. I read the Pooling & Servicing Agreement and found the Conveyance of Mortgage which was section 2. I recorded everything that I thought was important. or MERS Assignments.Security Exchange Commission (SEC) offers both paid for accounts and free accounts. 424 Prospectus.04. Assignment of Mortgage. I looked at the PSA as a sales contract between them.sec. The Pooling & Servicing Agreement (PSA) is normally an exhibit within the 8K filing. . It is normally a long name like US Bank as Trustee for JP Morgan Acquisition Trust 2006-WMC2 Once I located my so called Secured Party (Trust) I went to the Security Exchange Commission (http://www. I got the name of the alleged secured party from my QWR.html) and enter the name inside the box that says Company name hit the box that says contain. I found the 8K filing. I will share with you how to search for free. I looked in the definition and found the close date and startup date I hit control & F and put in the words ―formed to act as a REMIC‖ this took me to section 11.
The trust is classified as a Real Estate Mortgage Investment Conduit (REMIC). the rights of the Depositor under the Assignment and Assumption Agreement and the Mortgage Loan Purchase Agreement and all other assets included or to be included in the Trust Fund…. AND SO ON 424 PROSPECTUS REPORT Page 30 It is believed that the transfer of the mortgage loans from the seller to the depositor and from the depositor to the trust fund will each be treated as a sale rather than a secured financing for purposes of federal and state law. It is something to definitely keep in mind. assign. I loved this because if my loan is in this trust and it is in default there is an insurance policy that may have already paid it off. POOLING & SERVICING AGREEMENT Section 2. So the question I raised was did the trust own the note by the time the IRC says they can. According to the Internal Revue Code 860 A-G the Trust must own the note within a certain time frame. A REMIC (which is what they claim to be) has the ability to avoid certain taxes and it must perform in a specific manner. The insurance covered any defaulted loans. When I created the chart I put it together with the many laws I‘ve read and notice that there are timeline in place.01 The Depositor. My Deed of Trust does not care who pays it off just that it is paid off. title and interest of the Depositor. does hereby establish the Trust and transfer. in and to the Mortgage Loans identified on the Mortgage Loan Schedule. That would be evidence of either two things. set over and otherwise convey to the Trustee without recourse for the benefit of the Certificate holders all the right.Once I pulled the PSA and the Prospectus I created yet another chart. When I read my PSA I learned that the servicers had insurance. concurrently with the execution and delivery hereof. Charts help me to see things really quickly. AND SO ON I learned so much in reading everything I found on the SEC website. According to USC 26 and the Code . including any security interest therein for the benefit of the Depositor.
They literally say that the borrower may not have to pay on the debt due to certain federal laws like FDCPA. That is a problem for them and they know it because they speak of it in the prospectus. Remember owning the note is different than collecting for the creditor. They are not collecting for the creditor. Even if they own the note who are they collecting for and is there a security agreement that allowed them to have collateral interest in my property. According to them (Servicer / Movant) my loan went into default on 12/2008. That is a problem for them.(IRC 860 A-G) the ―note‖ must be in the trust within 3 months of the startup date (for the most part they may extend to 120 for certain events). They either do not own it or they violated tax Laws 860 A-G. I reported them to the IRS. I never write and say anyone participated in fraud. To assume anything is to put myself at risk to get caught up in the smoke screen. This was in my opinion a smoke screen. This way I am only expressing how I feel and then I give reason for my concerns. I do not assume they are synonymous. I never assume anything anymore. There are so many issues with the trust owning the note. This is evidence that they brought bad debt. I will however say that I believe I may be a victim of fraud. Another great find was USC 15 misprision of a felony. Another issue they will have is according to the Pooling & Servicing Agreement the trust can only have performing loans. It appears they brought bad debt. I NEVER DO THAT. If they own it they would be a violation and they would be subject to 100% tax. It was a distraction! . This is how I notify authorities of possible fraud. Well after a review of my documents the note (although I believe to be fraudulently assigned) was assigned 3 years after the startup date. SHOW ME THE NOTE I later was introduced to this show me the note argument. Since my note was assigned 1/2/2009 which is 3 years after trust startup date it is evidence of tax evasion and if the judge rules that they own it then he would then have to report the crime of tax evasion because I‘d have to report it to him pursuant to 15 USC misprision of a felony. (This is why you have to read the PSA) Since the loan was assigned in 2009 and they are making the claim that it went into default in 2007 it can‘t possibly be in the trust. That is a problem for them. This was all over the news.
I like charts but the format of the book limits my ability to create a chart like I‘d like to so I‘ll write it out instead. (No one in there is) I would also object that the note is being used as a negotiable instrument and clearly it‘s not a negotiable instrument. Read UCC 3 and UCC 8 very carefully until you can see the difference. I think they have tricks up their sleeves. Negotiable Instrument vs. Security Instrument There is a difference between UCC 3 and UCC 8. UCC 8-103 is clear on defining what a security instrument is. So why then are they using it as a negotiable instrument? I will object to this.What happens when they show up with the note? You asked for it. If so where is the security agreement that is needed pursuant to UCC 9-203? They are attempting to use the security instrument like it is a negotiable instrument that is governed under UCC 3. It will help you understand to what extent they will go. Not only that the Note itself says it is a security instrument. When I understood the difference I began to ask myself questions like are they attempting to use a security instrument to foreclose on my property? I believe they are since they keep producing a security instrument to do so. It is not both. I‘ve seen it where they come into court and ask the ―borrower‖ if that is their signature on the note. That blew my mind. NEGOTIABLE INSTRUMENT UCC 3 VS SECURITY INSTRUMENT UCC 8 governed by UCC 9 . It is either one or the other. If it were me my answer will be I am not a handwriting expert so I cannot validate this note. You abandon the fact that they are not the creditor. What will be your defense then? If you think that they will not produce a note with a signature that looks like yours then you might want to go back and revisit the charts I told you about. I looked at my note and it says security instrument. They want them to validate their fraudulent document. If you get caught up in show me the note you have just allowed them to use the ―note‖ as if it were bearer paper / negotiable instrument as defined in Uniform Commercial Code (UCC) 3.
UCC 3-301. (ii) a nonholder in possession of the instrument who has the rights of a holder. PERSON ENTITLED TO ENFORCE INSTRUMENT "Person entitled to enforce" an instrument means (i) the holder of the instrument. required by applicable statutory or administrative law. The assignment of a negotiable note before its maturity raises the presumption of a want of notice of any defense to it. or (iii) a . like amount of payment. If not what are the conditions? The author believes that most notes have terms and conditions. Security instruments have different rules and it is not show up with the note. UCC 3 (d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement. NEGOTIABLE INSTRUMENT Except as provided in subsections (c) and (d). Let‘s continue to read what UCC 3 says. due date. with or without interest or other charges described in the promise or order (well in this case (c) and (d) are like checks) Is the note being used in this foreclosure action an unconditional promise to pay pursuant to? UCC § 3-106 (D). there cannot be a holder in due course of the instrument. the promise or order is not thereby made conditional for the purposes of Section 3-104(a). (1872). They want us to just move along as if we are dealing with a negotiable instrument when in fact it is a security instrument that is being used to initiate the foreclosure. how much to pay when one is not late. and this presumption stands till it is overcome by sufficient proof Carpenter v Longan. 274.S. As you read more you will see for yourself that there is a huge difference. but if the promise or order is an instrument. It is produce the security agreement that goes along with this note. It is subject to defense.UCC 3 NEGOTIABLE INSTRUMENT 3-104. "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money. Side Note The ―note‖ being used is not a negotiable instrument. 83 U. 271. to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.
RULES FOR DETERMINING WHETHER CERTAIN OBLIGATIONS AND INTERESTS ARE SECURITIES OR FINANCIAL ASSETS (a) A share or similar equity interest issued by a corporation. (b) Except for negotiation by a remitter. whether voluntary or involuntary. an interest in a unit investment trust that is so registered. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws. 3-201. an interest in a partnership or limited liability company is a financial asset if it is held in a securities account. or similar entity is a security. negotiation requires transfer of possession of the instrument and its indorsement by the holder.person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). (b) An "investment company security" is a security. NEGOTIATION (a) "Negotiation" means a transfer of possession. its terms expressly provide that it is a security governed by this Article. UCC 8 INVESTMENT SECURITIES § 8-103. If an instrument is payable to bearer. or a face-amount certificate issued by a faceamount certificate company that is so registered. . or it is an investment company security. (c) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. it may be negotiated by transfer of possession alone. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company. if an instrument is payable to an identified person. business trust. However. of an instrument by a person other than the issuer to a person who thereby becomes its holder. joint stock company.
SUPPORTING OBLIGATIONS. (g) A document of title is not a financial asset unless Section 8-102(a)(9)(iii) applies. including contract law. a negotiable instrument governed by Article 3 is a financial asset if it is held in a securities account. (a) [Attachment. (e) An option or similar obligation issued by a clearing corporation to its participants is not a security. The note that is being used in the case is not governed by UCC 3. The note by way of its security agreement (Pooling & Servicing Agreement) is a writing that is a security certificate (thus the certificate holders) is governed by this Article and not by Article 3. joint stock company.] A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST. a security interest is enforceable against the debtor and third parties with respect to the collateral only if : . It is an UCC8 instrument governed by UCC9. unless an agreement expressly postpones the time of attachment. as defined in Section 9-102(a)(15).(d) A writing that is a security certificate is governed by this Article and not by Article 3. governs this determination for nonnegotiable mortgage notes. UCC 9 SECURED TRANSACTIONS UCC § 9-203. even though it also meets the requirements of that Article.] Except as otherwise provided in subsections (c) through (i). even though it also meets the requirements of that Article. is not a security or a financial asset. However. Side Note The movant is claiming a share or similar equity interest in the note that was issued by a corporation. Law other than Article 3. or similar entity is a security. FORMAL REQUISITES. but is a financial asset. business trust. PROCEEDS. (f) A commodity contract. (b) [Enforceability.
whom to pay in order to be discharged. (2) the debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party. or an interest in it. Article 9 of the UCC governs that transaction and determines whether the creditor or buyer has obtained a Property right in the note. In a typical transaction. The rules that determine whether a person is a person entitled to enforce a note do not require that person to be the owner of the note. thus. (B) the collateral is not a certificated security and is in the possession of the secured party under Section 9-313 pursuant to the debtor's security agreement. investment property. If that payee seeks either to use the note as collateral or sell the note outright. . providing the maker with a relatively simple way of determining to whom his or her obligation is owed and. 28 and a change in ownership of a note does not necessarily bring about a concomitant change in the identity of the person entitled to enforce the note. electronic chattel paper. or 9-107 pursuant to the debtor's security agreement. in many cases. 9105. As is generally known. Side Note While. is entitled to the economic value of the note.(1) value has been given. and the secured party has control under Section 9-104. and (3) one of the following conditions is met: (A) the debtor has authenticated a security agreement that provides a description of the collateral and. 9-106. among competing claimants. if the security interest covers timber to be cut. (C) the collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Section 8-301pursuant to the debtor's security agreement. primarily relate to who. the note is initially owned by that payee. the person entitled to enforce a note is also its owner. The rules concerning transfer of ownership and other interests in a note. on the other hand. when a note is issued to a payee. Article 9 governs transactions in which Property is used as collateral for an obligation. a description of the land concerned. This is because the rules that determine who is entitled to enforce a note and the rules that determine whether the note. or letter-of-credit rights. or (D) the collateral is deposit accounts. have been effectively transferred serve different functions: The rules that determine who is entitled to enforce a note are concerned primarily with the maker of the note. this need not be the case.
Similarly. It is important to write to the proper authorities. Sebert. I do know that if you break the law I may have remedy if it caused me an injury. Sample letter are at the end of the book. Section 9-203(b) of the Uniform Commercial Code provides that three criteria must be fulfilled in order for the owner of a mortgage note effectively to create a ―security interest‖ (either an interest in the note securing an obligation or the outright sale of the note to a buyer) in it. Everyone is attempting to tell the crime committed in their law suit. Rather than contain two parallel sets of rules – one for transactions in which payment rights are collateral and the other for sales of payment rights – Article 9 uses nomenclature conventions to apply one set of rules to both types of transactions. the same Article 9 rules that apply to transactions in which a payment right is collateral for an obligation also apply to transactions in which a payment right is sold.2011) Is my story helping you see the difference now? Once you know the fraud you can report it to different agencies. This is accomplished primarily by defining the term ―security interest‖ to include not only an interest in property that secures an obligation but also the right of a buyer of a payment right in a transaction governed by Article 9. Perhaps a letter to the judge in the nature of USC 15 might be a better idea.‖ As a result. Permanent Editorial Board for the Uniform Commercial Code in a Memorandum dated March 29. The first two criteria are straightforward – ―value‖ must be given and the debtor/seller must have rights in the note or the power to transfer rights in the note to a third party.‖ the buyer as the ―secured party. including the sale of both negotiable and non-negotiable notes. the buyer of a promissory note is a ―secured party‖ that has acquired a ―security interest‖ in the note from the ―debtor. Getting back on point if you feel you are a victim of a crime it is important to report that crime to the proper authorities.(according to John A. Article 9 governs the sale of most payment rights.In addition. definitional conventions denominate the seller of such a payment right as the ―debtor. Chair. If you insist on telling on them (reporting a crime) in court you might want to learn about USC title 15 mis prison of a felony. The third criterion may be fulfilled in either one of two ways.‖ and the rules that apply to security interests that secure an obligation generally also apply to transactions in which a promissory note is sold. Either the debtor/seller must ―authenticate‖ a ―security agreement‖ that describes the note or the secured party must take possession of the note pursuant to the debtor‘s security agreement. I found that they danced a . With very few exceptions. I did just that and I also cc the ―Secured Party‖ so they know how I felt and they can make the correction if need be.‖ and the sold payment right as the ―collateral. however. I don‘t know how to prosecute a crime (or further studied is required to do so) in my law suit. for purposes of Article 9.
google your servicer name and put ―corporate governance‖ behind the name and their president name should come up Office of Inspector General Your State Attorney Your Attorney General Strategy Most people go to court fighting as though they have a contract with the ―Secured Party‖ so they sue for breach of contract. It was as though they knew what they were doing was wrong and they didn‘t want to get that tap on the hands.little differently when I did so. you can have all the knowledge you want but if you don‘t know how to present it in court it is worthless. For every cause of action one must prove all elements. That is the problem.com to purchase the system I purchased from one of the greatest attorney‘s out there. THERE IS NOT CONTRACT! They cannot breach a contract that they don‘t have. Entities / Agencies that I inform of the possible crimes: Office of Comptroller of Currency – They govern lenders and servicers Local Police Department – Attempted Theft FBI – Securities Fraud division for attempting to use a promissory note as a security IRS – Tax Evasion Security Exchange Commission – Securities Fraud violations of the Security Exchange Commission Act of 1934 Your Servicer‘s CEO. Once you file a law suit saying they breached a contract you pretty much admit there is a contract. One important thing to know. Here is what I did: I disputed the debt in writing immediately I wrote a qualified written request . They are acting as though there is one. Please visit http://securitizedmortgageloans. He has taught thousands of people how to fight in court.ning.
I will be asking the judge for his legal determination of the laws pertaining to the following three things. You can only collect for the creditor. However I will offer a real quick explanation as to why I am going for Declaratory Judgment. They filed documents that I suspected to be fraudulent. Declaratory Judgment is an opportunity for me to ask the judge to give their interpretation of the law. .I wrote a complaint to the Bar Association for my state a report suspicious activity on the moving attorney. I questioned EVERYTHING that was filed in the county and that was mailed to me. 15 USC 1692 states they are not the creditor. I did a file audit – which I spoke of earlier I did a securitization audit I am currently defending myself in court I am using Declaratory Judgment for my cause of action pursuant to 28 USC§ 151 It is a great idea to visit the site and purchase the legal system that teaches you how to litigate if you are a pro se litigant. Security Instrument 15 USC §77b UCC 8-103 Endorsement of the Note demands payment This is a UCC 3 argument This is not a UCC 3 instrument it is a Security Instrument under UCC 8 103 A security instrument is not a debt. Who is a creditor? Who is entitled to collect on a debt? How is security interest in property established? Why they say they have a right to payment & the property Negotiable Instrument UCC 3 Why they don‘t Vs. Wrote letters to the different agencies listed above and cc the so called ―Secured Party‖. I wrote a Notice of Suite because in Maryland if you don‘t notify them they may ask for the case to be dismissed.
You Honor we have the note: I will object counsel is attempting to use a security instrument as a negotiable instrument your honor and clearly they perform differently. My statements do not have a past due balance on them. This is my stand it does not have to be yours. Every month it just say pay this and it shows no back payments due. If you really want to go deep you should do the research on mail fraud as it relates to collecting on debt that is not valid I will not contract with someone who has no rights to my property. Modifications are great especially if they give principle reduction! To sum things up I don‘t care which way they come at me I‘m ready. They constantly send me statements. This is a great first step to a final win against the entity that has no real collateral claim against my home. Assignment of Mortgage Security interest in a property is not granted by an assignment. . I believe I am still in my home today because I notified different state agencies and I fought back in court. I cannot authenticate the signature on the security instrument as I am not an expert witness You Honor we have the assignment of mortgage: I will object to the authenticity of the assignment and question the power of assignment I will object an assignment does not constitute collateral interest in my home pursuant to UCC 9-203 a security agreement must be present and it must give a description of the collateral.There‘s no evidence of a contract that entitles them to payment from the creditor. They know that I know my stuff. I have a man on every door. There is none before this court today your honor. It is granted by a security agreement pursuant to UCC 9-203 Debt Collector Must Collect for original creditor pursuant to 15 USC They are a Debt Collector If the judge grants my declaratory judgment I can use it to go for monetary damages in another case.
After you know the facts then you MUST learn how to present them in court. Â§2605(e)] requires servicers to respond to "Qualified Written Requests" (QWR's). Buy the system that I spoke about. the . Â§1641(f)(2)] provides that "upon written request by the obligor. To me this is all a game to them. Having the rules to the game (federal rules of procedures) is as critical as knowing what the laws are. If you are fighting foreclosure keep reading and get stronger in your know. Here are a couple of sample letter I used YOUR NAME ADDRESS June 6. 2012 SERVICER ADDRESS Re: Deed of Trust MIN: Deed of Trust Acct #: Servicer Acct #: QUALIFIED WRITTEN REQUEST PURSUANT TO REAL ESTATE SETTLEMENT PROCEDURES ACT AND TRUTH AND LENDING ACT: The Real Estate Settlement Procedures Act (known as "RESPA") section 6(e) [found in Title12 of the United States Code. The Truth-in-Lending Act ("TILA") section 131(f)(2) [found in Title15 of the United States Code.I will object the assignment is self assigned (from servicer to secured party) I will subpoena all signers on the assignment because signature do not match (I can do that in federal court they will have the power to make them appear state court can‘t MERS can only assign what interest it has It is really not that complicated.
All Rights Reserved Cc: Office of Comptroller of Currency Address .. 4. 7. Please resolve this uncertainty and dispute by providing us with the following information: 1. Please provide a copy of the front and back of all pages of that Note. Please provide the complete name and address of the entity that currently owns the Note that is secured by this mortgage loan. 2. Please provide copies of all Endorsements of that Note. 6. the name. address. A complete and original life of loan transaction history prepared by the Servicer from its own records using its own system and default servicing personnel.servicer shall provide . we are uncertain as to who is the current owner of the mortgage Note. and telephone number of the owner or the master servicer of the obligation". To Qualified Written Request Department: Based on information we have received about this loan in monthly statements. 3. 5.. Please provide a copy of all Allonges to that Note. Please provide a copy of all Assignments of the mortgage or deed of trust securing this Note. Please provide me the name and address of the current Mortgagee Respectfully.
S. Department of Justice 950 Pennsylvania Avenue. DC 20006-4001 U.Sample Letter Office of Inspector General Attn: Office of Investigation . Breuer FBI 601 4th Street NW Washington. NW Washington. DC 20535 ALL AGENCIES . NW Washington. DC 20530-0001 Lanny A.Hotline 1625 Eye Street.
JP Morgan and Chase and Shapiro & Burson LLC attempting to collect on a debt. To Whom It May Concern: I am writing to report possible FRAUD. Morgan & Chase & Chase Home Finance & Shapiro and Burson ALT & Shapiro & Brown LLC may be participating in a scheme to steal not only my home but many homes throughout the state of Maryland.There is no evidence that they .P. THEFT BY CONVERSION. This is not an accusation but a request to look into the behavior of the entities listed above for possible criminal violations. . Debt Collector Letters were sent to me: I have received countless letters from Chase. or both.P. Morgan Mortgage Acquisition Trust2006-WMC2 & J. Bank National Association As Trustee For J.RE : U.S. CONSPIRACY. VIOLATIONS OF THE SECURITY EXCHANGE COMMISSION ACT OF 1934. shall be fined under this title or imprisoned not more than three years. conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States. Bank National Association As Trustee For J. having knowledge of the actual commission of a felony cognizable by a court of the United States. THEFT BY EXTORTION. Morgan and Chase & Chase Home Finance & Shapiro and Burson ALT & Shapiro & Brown LLC This is written in the nature of 18 USC § 4 . U. amongst other things.P.Misprision of felony Whoever. MAIL FRAUD. I have created a document that shows a chain of events for the suspicious activities that have taken place in regards to my property (home).P. Morgan Mortgage Acquisition Trust2006-WMC2 which can be located by the Security Exchange Commission File Number 333-130192 & J.S. FORGERY.
Definitions [15 USC 1692a] (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money.…. . either on the face of the note or contract. insurance or services which are the subject of the transaction are primarily for personal.C. Morgan Mortgage Acquisition Trust2006-WMC2 (The Trust) has made a collateral claim against my home using an unregistered security (which may be a violation of USC 18 Section 473 &474 (which they are calling a negotiable instrument) and without a security agreement with me pursuant to UCC 9-203. nor 11 USC Truth In Lending Act Subpart A § 226. Definitions [15 USC 1692a] (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed. or household purposes. Fair Debt Collection Practicing Act § 803.S. Bank National Association As Trustee For J.P. The Fair Debt Collection Act. compile. Morgan Mortgage Acquisition Trust. Fair Debt Collection Practicing Act § 803. Furnishing certain deceptive forms [15 USC 1692j] (a) It is unlawful to design.78 Has lender as U. or by agreement when there is no note or contract. whether or not such obligation has been reduced to judgment. but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.1 (17) Creditor means: (i) A person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments (not including a down payment). family. and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor.2006-WMC2 – they are not my lender. They were and are not licensed to lend in the state of Maryland nor are they a creditor as defined by The Truth-In-Lending Act. Bank National Association As Trustee For J.558. when in fact such person is not so participating. Fair Debt Collection Practices Act § 812. 11 U.are collecting for any of my creditors even after several requests for validation of debt was requested. property. and to whom the obligation is initially payable. § 101 – Definitions (10) The term ―creditor‖ means (A) entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor.S.S. U. Items that have been filed in the public: Statement of Debt States Unpaid Principle Balance 518.P.
Shapiro & Burson is attempting to collect on a debt for U. Bank National Association As Trustee For J. usu.P. Bank National Association As Trustee For J. Chase Home Finance LLC is not my creditor Is signed by a very well known Robo Signer – Christina Trowbridge who claims to be the Vice President of Chase Home Finance LLC Document notarized by Jennifer Jacoby and the signature on the document does not match the notary application on file with Ohio Secretary of State. 2009): Is not in accordance with its own procedural manual (page 60) which says MERS cannot transfer the beneficial rights to the debt.P. MERS Assignment of Mortgage (recorded in the land records on May 14. States Chase Home Finance LLC (which is the alleged servicer) is assigning all rights and title and interest in and unto a certain Deed Of Trust (DOT) to U.P. in a very limited way" and as "[a] party who holds bare . Morgan Mortgage Acquisition Trust.2006-WMC2 .S. Delegation of authority is in questions. This is in alignment with Maryland Commercial Code 8-301(1) & UCC 8-301(1) they can only transfer what interest they have.2006WMC2 . Morgan Mortgage Acquisition Trust.P.S. Is signed by Erik W.Chase Home Finance LLC has no rights to assign. Bank National Association As Trustee For J. Signed by a very well known Robo Signer Whitney K Cook of Chase Home Finance LLC as Vice President. Not true according to the Pooling & Servicing Agreement (PSA) and filings filled under oath at the Security and Exchange Commission (SEC). Bank National Association As Trustee For J. Affidavit Certifying Ownership Of Debt Instrument and That Copy Of Note Is A True And Accurate Copy (by their own admission they had a debt instrument and not a security interest when they initiated foreclosure) States U. According to the document I received from the Trustee I have no evidence that they represent this trust.2006-WMC2 is the owner of the Note.S. Morgan Mortgage Acquisition Trust. Morgan Mortgage Acquisition Trust.2006WMC2 they are not my creditor and there is no evidence that they have payment rights despite my many attempts to validate their claim. MERS has no interest to assign it is not the owner of the note or the deed Black's Law Dictionary defines a nominee as "[a] person designated to act in place of another. Notice of Intent to Foreclose Claims that Shapiro & Burson is collecting for Chase Home Finance LLC Chase Home Finance LLC is not a creditor and there is no evidence that they have payment rights despite my many attempts to validate their claim.S. Yoder Esquire as attorney for U.
to assign the note.P. there must be more than just assignment of the deed alone." Black's Law Dictionary 1076 (8th ed. 2006 WL 2251721. . LaSalle Bank Nat.2006-WMC2 is not the lender.R.D. Bank National Association As Trustee For J. Inc. at *2 (N. Hillery.") The Missouri court found that. or of any authorization to act on behalf of the present owner. Appointment of Substitute Trustee (there are 2 appointments) (that were recorded in the county one on May 14. Cal. Idaho 2009) (standard mortgage note language does not expressly or implicitly authorize MERS to transfer the note).S. Saxon Mortgage Services. Both appointments are in violation of the Trust agreement. Morgan Mortgage Acquisition Trust. . . because MERS was not the original holder of the promissory note and because the record contained no evidence that the original holder of the note authorized MERS to transfer the note. MERS presents no evidence as to who owns the note. . C."). 2006) (unpublished opinion) ("A nominee of the owner of a note and mortgage may not effectively assign the note and mortgage to another for want of an ownership interest in said note and mortgage by the nominee. MERS is no longer an authorized agent of the holder unless it has a separate agency contract with the new undisclosed principal. "MERS never held the promissory note. . 517 (Bankr. the note must also be assigned. see also In re Wilhelm. . Ass'n v. 2012): Paragraph 2 of the Appointment of Substitute Trustees that was submitted says ―Whereas. Cal.3d at 624. 2004).D."). Morgan Mortgage Acquisition Trust. Bank National Association As Trustee For J. 407 B. the aforesaid deed of trust provides that the holder or authorized agent of the holder of the note secured thereby may remove the Trustee(s) and appoint successors trustees. In re Vargas. Sup. The appointments have U. However.S. the language of the assignment purporting to transfer the promissory note was ineffective.W. D. thus its assignment of the deed of trust to Ocwen separate from the note had no force. . 392 (Bankr. 396 B.2006-WMC2 as holder. Line 24 of the DOT states lender at its option may from time to time remove Trustee and appoint successor trustee… U. 2008) (unpublished opinion) ("[F]or there to be a valid assignment." 284 S. 2009 is allegedly notarized by Jennifer Jacoby and the signature on the document does not match the notary application on file with Ohio Secretary of State.Y. . legal title for the benefit of others or who receives and distributes funds for the benefit of others. 2008 WL 5170180 (N. MERS purportedly assigned both the deed of trust and the promissory note. 2009 & the other on September 4. 511. Lamy. This appointment is signed by a known Robo Signer Christina Trowbridge. .R.P. This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves. 2008) ("[I]f FHM has transferred the note. there is no evidence of record that establishes that MERS either held the promissory note or was given the authority . v. They are not the holder according to filings at the PSA and filings at the SEC The appointment that‘s recorded in the county on May 14.
a security interest is enforceable against the debtor and third parties with respect to the collateral only if : (1) value has been given.(B) the collateral is not a certificated security and is in the possession of the secured party under Section 9-313 pursuant to the debtor's security agreement.] Except as otherwise provided in subsections (c) through (i). use the payments rights as collateral for an obligation. in exchange for a loan.A is not the creditor There is no evidence original lender appointed a new trustee They would like me to believe that because Line #20 of the DOT that states ―the note or a partial interest in the note can be sold one or more times without prior notice to Borrower‖ that that somehow gives them security interest in the property. and (3) one of the following conditions is met: (A) the debtor has authenticated a security agreement that provides a description of the collateral and. Neither the selling of a note.(C) the collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Section 8-301pursuant to the debtor's security agreement (they are attempting to use a debt instrument as a unregistered . 2009 is by Chase Home Finance LLC Chase Home Finance LLC is not the creditor. They may have rights to payments due under the note according to UCC 9 203 which states ― A security interest attaches to collateral (in this case the note) when it becomes enforceable against the debtor with respect to the collateral. nor any assignments would have created a security pledge (collateral) to the property. the use of payments rights as collateral. a borrower agrees in a security agreement that the lender (the secured party) may take specified collateral owned by the borrower if he or she should default on the loan. (b) [Enforceability.A. JP Morgan Chase Bank N. The appointment dated September 4. A security interest arises when. (According to UCC 9) They are not in possession of any security agreement with me because none exist. and sell payment rights. The appointment dated May 14. a description of the land concerned. They made statements to create the illusion that they have a security pledge from me but no such agreement exist. These commercial activities are governed under article 9 of the Uniform Commercial Code (UCC). the selling of neither payment rights. (2) the debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party. 2012 is by JP Morgan Chase Bank N. unless an agreement expressly postpones the time of attachment. What I know is that it is common for ―lenders‖ to sell notes. if the security interest covers timber to be cut. Entities that purchasing rights to payments due under the note does not make them the creditor.
P. This is because none exist between them and me.P.2006WMC2 is the lender. not an agreement that I have with them. According to UCC 9(a) (72) "Secured party" means: (A) a person in whose favor a security interest is created or provided for under a security agreement. According to the documents filed in the county U. …… According to UCC 9(a)(73) "Security agreement" means an agreement that creates or provides for a security interest. … Their response to my request for proof of claim was a copy of the security agreement I signed with WMC2 Mortgages. Morgan Mortgage Acquisition Trust. Bank National Association As Trustee For J.P. Bank National Association As Trustee For J.security based on the Form 15 that is filed for the trust under oath at the Security Exchange Commission & Maryland Security Laws).S.sec. Shapiro & Burson has submitted documents stating that U. Morgan Mortgage Acquisition Trust.2006-WMC2 owned the note after it allegedly defaulted. whether or not any obligation to be secured is outstanding. 2009 According to Chase Home Financial records U.S. Bank National Association As Trustee For J. Proof that U.htm states on: Page 30 They Could Be Adversely Affected By Violations of Consumer Protection Laws Applicable state laws generally regulate interest rates and other .S.S.2006-WMC2 acquired the debt instrument on or about April 24. More False Statements Shapiro & Burson has submitted documents stating that U.P.2006WMC2 is the holder of the note. Bank National Association As Trustee For J. They know that security interest in payment rights does not constitute security interest in my property. Morgan Mortgage Acquisition Trust. Morgan Mortgage Acquisition Trust. Morgan Mortgage Acquisition Trust. Bank National Association As Trustee For J.gov/Archives/edgar/data/1085309/000116231806000823/m563_424 b5.P.2006-WMC2 purchased Mortgage Loans and knew that my home was not collateral: The Prospectus Supplement (which can be found here http://www.S.
a separate pool insurance policy will be obtained for the loans included in the trust fund. The insurer issuing the pool insurance policy will be named in that prospectus supplement. o if there has been physical loss or damage to the property. As more fully described in this prospectus. the master servicer will present claims to the pool insurer on behalf of itself. Page 209 says: Pool Insurance Policies if specified in the related prospectus supplement. however. permitted encumbrances. in addition. reasonable wear and tear excepted. may entitle the borrower to a refund of related amounts previously paid and. charges and require certain disclosures. violations of these laws may limit the ability of the servicer to collect all or part of the principal of or interest on the mortgage loans. Depending on the provisions of the applicable law. Coverage will be in an amount equal to a percentage specified in the related prospectus supplement of the aggregate principal balance of the loans on the cut-off date which are not covered as to their entire outstanding principal balances by primary mortgage insurance policies. could subject the servicer to damages and administrative enforcement. The pool insurance policies. Typically. Each pool insurance policy will provide limited coverage of losses caused by payment defaults on loans in the related pool. at the time of issuance of the policy. unfair and deceptive practices acts and debt collection practices acts may apply to the origination or collection of the mortgage loans. the pool insurance policies will not cover losses due to a failure to pay or denial of a claim under a primary mortgage insurance policy. if so specified in the related prospectus supplement. In addition. the trustee and the holders of the securities of the related series. however. Page 70 The Mortgage Loans were previously purchased by the Seller from the Originator. and o the insured has acquired good and merchantable title to the property free and clear of liens except limited. . are not blanket policies against loss. which originated or acquired the Mortgage Loans in the ordinary course of business. it has been restored to its physical condition. since claims under the policies may only be made respecting particular defaulted loans and only upon satisfaction of the conditions precedent contained in each policy. The pool insurance policy may provide that no claims may be validly presented unless: o any required primary mortgage insurance policy is in effect for the defaulted loan and a claim under that policy has been submitted and settled. state and federal consumer protection laws. the pool insurance policies may cover those claims. Page 31 It is believed that the transfer of the mortgage loans from the seller to the depositor and from the depositor to the trust fund will each be treated as a sale rather than a secured financing for purposes of federal and state law. o hazard insurance on the related property has been kept in force and real estate taxes and other protection and preservation expenses have been paid.
if any. the Fair Credit Reporting Act. Upon satisfaction of these conditions. in either case net of a portion of amounts paid or assumed to have been paid under the related primary mortgage insurance policy.gov/Archives/edgar/data/1364780/000116231806000977/m686jpma c2006WMC2 poolingagre. who is the seller of goods which gave rise to the transaction. to transfer that contract free of notice of claims by the contract debtor. o Is the ―mortgage loan‖ that they are attempting to collect due? o Has there been an insurance claim made in regards to the account Page 234 says Consumer Protection Laws. Numerous other federal and state consumer protection laws impose requirements applicable to the origination and lending pursuant to the contracts. the obligor also may be able to assert the rule to set off remaining amounts due as a defense against a claim brought by the Trustee against that obligor.htm) Section 2.sec. the master servicer will not be required to expend its own funds to restore the damaged property unless it determines that (1) the restoration will increase the proceeds to security holders on liquidation of the loan after reimbursement of the master servicer for its expenses and (2) the expenses will be recoverable by it through proceeds of the sale of the property or proceeds of the related pool insurance policy or any related primary mortgage insurance policy. and particular. the failure to comply with their provisions may affect the enforceability of the related contract. The PSA (which can be foud here http://www. the Fair Credit Billing Act. including the Truth in Lending Act. or (b) to pay the amount by which the sum of the principal balance of the defaulted loan plus accrued and unpaid interest at the loan interest rate to the date of payment of the claim and the aforementioned expenses exceeds the proceeds received from an approved sale of the property. In the case of some of these laws. If any property securing a defaulted loan is damaged and proceeds. The effect of this rule is to subject the assignee of a contract of this type to all claims and defenses that the debtor under the contract could assert against the seller of goods. the Fair Debt Collection Practices Act and the Uniform Consumer Credit Code.01 Conveyance of Mortgage Loan admits that it has purchased the Mortgage Loan (purchased evidence of debt) & that the MERS Assignment may be fraudulent: . Liability under this rule is limited to amounts paid under a contract. related lenders and assignees. the Federal Trade Commission Act. however. from the related hazard insurance policy or the applicable special hazard insurance policy are insufficient to restore the damaged property to a condition sufficient to permit recovery under the pool insurance policy. The so-called ―Holder-in-Due Course‖ rule of the FTC is intended to defeat the ability of the transferor of a consumer credit contract. the pool insurer will have the option either (a) to purchase the property securing the defaulted loan at a price equal to its principal balance plus accrued and unpaid interest at the loan interest rate to the date of the purchase and a portion of expenses incurred by the master servicer on behalf of the trustee and security holders. the Equal Credit Opportunity Act.
Such assignment includes all interest and principal received by the Seller. o (2) all of the interests in which are regular interests or residual interests. with respect to such interest are pro rata). as of the Closing Date a perfected. on or prior to the Closing Date. the Depositor shall deposit into the Distribution Account on or before the Servicer Remittance Date relating to the first Distribution Date. in such event. set over and otherwise convey to the Trustee without recourse for the benefit of the Certificate holders all the right. title and interest of the Depositor in and to the Mortgage Loans and all other property conveyed to the Trust Fund pursuant to this Section 2. The Trust is provides careful instructions in regards to being in compliance with the Internal Revenue Service (―IRS‖) regulations.S. The Depositor herewith delivers to the Trustee and the Securities Administrator an executed copy of the Assignment and Assumption Agreement. concurrently with the execution and delivery hereof. With respect to any Mortgage Loan that does not have a first payment date during the Due Period related to the first Distribution Date. 860D of the IRC defines REMIC as: o (a) General rule. The Depositor. . the Depositor or the Servicer on or with respect to the Mortgage Loans (other than payments of principal and interest due on such Mortgage Loans on or before the Cut-off Date). Internal Revenue Code (―IRC‖). for the benefit of the Certificate holders. substitutions there for and accessions thereto. the terms ‗real estate mortgage investment conduit‘ and ‗REMIC‘ mean any entity — o (1) to which an election to be treated as a REMIC applies for the taxable year and all prior taxable years. an amount equal to one month‘s interest at the related Net Mortgage Rate on the Cut-off Date Stated Principal Balance of such Mortgage Loan. first priority security interest in the entire right. the Securities Administrator shall execute the Swap Agreement and the Depositor hereby directs the Securities Administrator to do so. and (ii) this Agreement shall constitute a security agreement under applicable law. does hereby establish the Trust and transfer. o (3) which has 1 (and only 1) class of residual interests (and all distributions. (i) the Depositor shall be deemed to have granted and does hereby grant to the Trustee. if any. In addition. in and to the Mortgage Loans identified on the Mortgage Loan Schedule.01 from the Depositor to the Trustee pursuant to this Agreement is held or deemed not to be a sale or is held or deemed to be a pledge of security for a loan. the rights of the Depositor under the Assignment and Assumption Agreement and the Mortgage Loan Purchase Agreement and all other assets included or to be included in the Trust Fund…. title and interest of the Depositor. If the assignment and transfer of the Mortgage Loans and the other property specified in this Section 2. including any security interest therein for the benefit of the Depositor. The PSA Section 11. assign.01 and all proceeds thereof.04 states the Trust is a New York Corporate Trust formed to act as a ―REMIC‖ trust pursuant to the U. For purposes of this title. the Depositor intends that the rights and obligations of the parties shall be established pursuant to the terms of this Agreement and that.
These activities are because a great concern and it challenges public trust. Please launch a full investigation. there is hereby imposed a tax for the taxable year of the REMIC in which the contribution is received equal to 100 percent of the amount of such contribution. (D) Any contribution to a qualified reserve fund by any holder of a residual interest in the REMIC.S. (E) Any other contribution permitted in regulations. 26 U.1) address these sections of the IRC by advising the parties to: o to avoid any action which might jeopardize the tax status of any REMIC and/or impose any tax upon the Trust for prohibited contributions or prohibited transactions According to the MERS Assignment it was assigned to the trust almost 3 years after the start-up date.S. substantially all of the assets of which consist of qualified mortgages and permitted investments.‖ 26 U. 860G(d)(2) states: o (2) Exceptions. ―if any amount is contributed to a REMIC after the startup day. (B) Any payment in the nature of a guarantee. cut of date and closing date. The PSA (primarily in section 10. NAME . o (4) as of the close of the 3rd month beginning after the startup day and at all times thereafter.C. (C) Any contribution during the 3-month period beginning on the startup day.C. Paragraph (1) shall not apply to any contribution which is made in cash and is described in any of the following subparagraphs: (A) Any contribution to facilitate a clean-up call (as defined in regulations) or a qualified liquidation. Respectfully. § 860G(d)(1) states: o Except as provided in section 860G(d)(2).
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