How to find the trust that owns your loan

By Robert K. Ramers If your loan was securitized, it was put into a pool with possibly thousands of other loans and sold to a trust. Shares in this trust were then sold to investors. In order to do a securitization audit, it is necessary to find the name of the trust that owns your loan. Lenders have become extremely reluctant to release this information, because they know you will use it to find out if whether or not they have securitized your loan properly; however, you are entitled by law to have this information. In most cases they have not followed the rules during the securitization process and may have committed illegal, fraudulent and possible criminal acts. At the very least, they may have violated multiple real estate laws and created a situation where they cannot foreclose on your property or where your loan becomes unsecured debt. A securitization audit will uncover these issues and you can use them to fight or sue your lender. Here are the steps to follow to find the name of the trust that owns your loan: 1. The first thing to understand is that the name of the trust that owns your loan will be something like this: “HSI ASSET SECURITIZATION CORPORATION TRUST 2006-OPT2″. Despite what your lender may tell you when you ask them the question, the owner of your loan is NOT: • • • • • • • The company sending you your mortgage bills The name of a bank MERS Ginnie Mae Fannie Mae Freddie Mac The investor or trustee that appears when you do a lookup in MERS, as shown below

2. Your first step is to call your loan servicer (the company that is sending you your mortgage bills) and ask them the following questions:
Copyright © 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email:

Ramers Rev. Your servicer will not want to give you this information – they will either say that they do not have it or will give you the name of some bank. You might have to stay on the phone for an hour or more. You can search by property address or name. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix. you can search by this number. Return Receipt. you can tell them that your attorney asked you to get it for him – that might motivate them a little. Do not expect to get much of the information that you requested back from them.helpwithmybank. Try several variations if you do not find it.mers-servicerid. By law. However. Remember. Provide the information . You can get the form at: http://www. There is an online form that is easy to complete. or make multiple phone calls. Go on to the MERS servicer ID database to find the name of the investor or trustee on your loan. If they will not give you the name of the trust. you can attach a copy of your letter and a copy of their nonsense reply to your pleading to strengthen your case and have fines imposed on them. To access the MERS database: a. customize the attached letter and send them a Qualified Written Request. Also. we have found that often they will at least give you the name of the owner of your loan in a cover 4. Copyright © 2011 Robert K. it is your right to have it! They might ask you why you want the information (it is none of their business). At the same time you are calling them. Be sure to send it Certified Mail. but if you are persistent you may get the information. They would rather pay the fines for not sending it than give it to you. If so.netcom. go online and file a complaint with the Office of the Controller of the Currency. If you look at your deed of trust and find the words MERS or MIN followed by a 16 digit number on the top of the deed of trust.html 3. Go to https://www. and say that your servicer will not give you the name of the owner of your loan.How to find the trust that owns your loan • • • Please tell me the name of the beneficial owner of my loan? What is the name of the trust that owns my loan? I am entitled by law to have this information? You are entitled by law to have this information – you are just trying to find out the name of the party to whom you are ultimately obligated to make your payments to. if you go to court. they must respond to this b.

check the Fannie Mae database: http://www. or by World 8. You will have to retain a specialist to search the SEC and Bloomberg databases to try to find the trust that owns your loan. . If you cannot find your loan here. If you cannot find your loan here.fanniemae. Please feel free to contact me if you need more information or are interested in having a securitization audit performed on your property. 9. 5. it may not have been securitized. They may have used the name of the trust in the foreclosure process. check all of the names on these documents. If you have received a notice of default or notice of trustee sale. Call them and give them the MERS number and ask them for the name of the trust that controls this loan. Copyright © 2011 Robert K. 6. Ramers Rev. If your loan was made by a credit union. check the Freddie Mac database: http://ww3.freddiemac. it still does not mean that it has not been securitized. Some loans were not securitized.netcom. f you cannot find your loan here. or by a small local bank. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.How to find the trust that owns your loan Find the name and phone number of the investor or trustee.

Keystone Bank. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix. Under Section 6 of RESPA you are required to acknowledge this request within 20 business days of--and to reconcile irregularities or inconsistencies they reflect within 60 business days of--the date you receive this request. Dist. Naturally. changes the timelines to 5 days and 30 days.How to find the trust that owns your loan QUALIFIED WRITTEN REQUEST TEMPLATE Your name Your address Your city. 2. A 15-day extension is allowable only if I am informed about it and given the reasons for the extension. Section 2605(e)(1)(A)). or by our your original lender name if you have purchased the loan. May 2. 2010. or assignee. 2000 U. This is a “Qualified Written Request (QWR)” under Section 6 of the Real Estate Settlement Procedures Act (RESPA) which I issue to obtain specific documents pertaining to our mortgage loan. I require a clearly-established agency relationship among all parties to my mortgage. which is of great concern to me. The Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law on July 21. Pa.S. respectively. RESPA’s Section 2605 (e)(3) directs you as loan servicer to not report negative information to a consumer reporting agency during the 60 days following receipt of the QWR concerning overdue payments related to that period or to the QWR. 36-37 (E. I believe there exist violations and omissions in my account with you. Return Receipt Signature Required Date Re: QWR Request re Account Your loan number for the property located at your property address For the reasons I present herein.netcom. Clear title to my property is now also in question in light of national news involving mortgage lenders. However. Lexis 5705. RESPA further allows a QWR to request information “relating to the servicing of the loan. of the loan. and you may not charge me for performing the QWR.” (See 12 . An obscured Note holder/owner also suggests a greater likelihood of noncompliance with federal regulations on pre-default prevention procedures. 1. your lender name is given negotiating rights by the Note owner. and with the rash of document problems lenders have acknowledged. as well as for account balance status and escrow amounts. Copyright © 2011 Robert K. All loan servicers. The Act also implements a 10-business day deadline to respond to my request for the identity and address of the owner. including your lender name are also aware that certain courts have noted that the QWR process relates to any request for information related to servicing.S. As my loan servicer and possible note holder. Cortez v. 2000). Ramers Rev. Please be advised that the matters involving account and escrow matters alone makes this request legitimate. state and zip Lender Name Lender address Sent via Certified mail # _______________________________ . so it is essential information for me to know if my loan has been securitized in the secondary market in an MBS series by your lender name.C.D. it would seem that bank officers are swearing to affidavits of ownership when they have not even seen the documents in question. I require documents from you that I may inspect for any signatures.. In addition. Inc..

contracts. and understandings with vendors that have been paid for by any charges on the account from the inception of the loan to the date of this letter. Your prompt processing of this QWR is anticipated and appreciated. RESPA also requires: Documentation of all loss mitigation evaluations and actions taken on this mortgage loan. affidavits. 3. and telephone number of the beneficiary named in the Deed of Trust if different from that of the lender. 6. maintained. Grant Deed(s). Appraisal. attorneys.How to find the trust that owns your loan Please ensure that all copies of the following documents you provide are clear.. All loan servicing agreements between the loan servicer(s) and the loan originator. (4) Please identify the name. the mortgage broker(s) involved in this mortgage loan. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix. 11. Ramers Rev.’ on any payment coupon statements/detailed transaction history print-outs issued by you or Residential Mortgage Capital. 10. Initial Loan Application and Final Loan Application (1003). Sincerely. Estimated and Final Closing Statements (Final HUD 1). Additionally. and protected. I will check each box upon receiving from you each document as follows: 1. (3) Please identify the name. any and all payments listed as ‘Corp Adv Statutory Exp Disb’’ and/or ‘Corp Adv Attorney Advance Disb’ etc. Truth-in Lending Statements and Disclosures. and all disclosures and rate sheets. All escrow analyses conducted on the account from the inception of the loan to the date of this letter. Deed of Trust/All Addendums. and telephone number of the secured party (the current owner of the mortgage). any and all escrow account disbursements and how payments were applied. 12. address. A full accounting of all money paid and received on this mortgage loan account from any third party sources. and describe the manner in which they are stored. and telephone number of the current owner (beneficiary) of the Note. all fees incurred. and telephone number of. address. the following: (1) Please identify the name. Pooling and Servicing Agreements (PSA) filed with the SEC. or representatives of your company. 7. address. 13. and any and all fees provided to. and Current Fair Market Value of property including the basis for this determination. in writing. including agreements. (5) Please identify the current location of the originals of the entire loan file. 2. Copy of Wet-inked Note we signed with All Endorsements (pursuant to the SEC-filed Pooling & Servicing Agreement (PSA) and Riders if applicable). 5. (2) Please identify the name. 4. Itemization of Amount Financed.netcom. 8. All letters. statements. 16. 15. the note holder/lender. legible. 14. please provide. and/or trustees from inception of the loan to the date of this . and the authorization allowing such. 9. 15-d 6 Filing with the SEC for the Trust if applicable. address. and the Article II Provisions showing modification terms allowable for the Servicer to utilize. and copied in their entirety. Good Faith Estimates. Your name Copyright © 2011 Robert K. and documents (including Limited Power of Attorney if applicable) sent to us by agents. Copy of Loan Payment History – This must include all payments made. Title Report.

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