How to Search the SEC for a Securitized Trust

SEC webWhen a unknown bank named as a Trustee for a securitized trust (usually Deutsche Bank, Bank of NY Mellon, US Bank National, etc.) sends you a letter stating you owe them money and you are in default, the first thing you should do is contact a local title company and have them look for an Assignment of Mortgage under your address or tax key number (it won’t likely be under your name).  Chances are the Assignment of Mortgage is fabricated and void; however, this is the breeder document that allows the banksters to foreclose.

The following information will assist you in searching the Securities and Exchange Commission (SEC) for the alleged trust.   

Once you have the name of the trust and a copy of the Assignment (if any), the next move is to research the securitized trust on the Securities and Exchange Commission (SEC) website. Here is an example of an Assignment of Mortgage with Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Trust 2007-FLX3, Mortgage Pass-Through Series 2007-FLX3 under the Pooling and Servicing Agreement Dated April 1, 2007. This assignment was made 3 years after the trust closed.

Dissected Assignment

The easiest way to find the trust is to open the SEC website – Click HERE to open the SEC website []; and go to the top right-hand side of the SEC header and Click “More Search Options”.  

SEC banner

You’ll find a light blue search box. (1) Click the “● Contains” button and (2) enter the year and trust code, for example: 2007-FLX3;  (3) Click the “Find Companies” at the bottom of the blue box. Click HERE to reach the “Search Options” page.

SEC Search Box

Sometimes it will give you a list of Trusts (identified by 6189 code) to choose from and you will match the rest of the information on the Assignment or Letter from the Trustee to that specific Trust.  In this instant – the year and the trust code will take you right to the securitized trust – IndyMac INDX Mortgage Trust 2007-FLX3. Below is the picture of the SEC master file for this trust – Click HERE for the SEC Master Trust File.

Master SEC trust data

The entire Trust is worth reading and will give you a better picture of the securitization scheme. You will note hundreds of warning to investors that these trusts are really risky.  Starting from the bottom the FWP is an acronym for FREE WRITING PROSPECTUS SUPPLEMENT.  In some trusts you will find what they call a “loan tape” where alleged loans are listed, not by name, but by identifiers. In this example, the loan tape is in the FWP as noted above – Click HERE for the loan tape example.

The Pooling and Servicing Agreement (PSA) is sometimes found under the FWPs and in this case it is under the 8K.  An easy way to spot the PSA is by the size of the file.  It is usually the largest file in the group and that’s a good place to start. Click HERE for the PSA example.

8k PSA

The PSA will provide you with pertinent information as it is the controlling document of the trust. Article One will give you the Definitions. If you have a “Find” control on your computer it makes it easier to search for the Closing Date, the Cut-Off Date, the Governing Law and the Conveyance of Mortgage Loans, which is traditionally located under Article II, 2.01.

Read Article Two Conveyance of Mortgage Loans very carefully. It will tell you how and when the mortgage loans were to have sold, assigned, and transferred to the trust. If the trust is governed under New York law, “Under New York Trust Law, every sale, conveyance or other act of the trust on contravention of the trust is void.  EPTL §7-2.4.  Therefore, the acceptance of the note and mortgage by the trustee after the date the trust closed, would be void.”  See  Wells Fargo Bank, N.A. v. Erobobo, 042913 NYMISC, 2013-50675.


Now, after you have located your trust – you can order a “certified” copy from the SEC. It will come with blue ribbons and a gold seal – all dressed up for the Judge.

Click HERE for the Request for Certification and refer to your specific SEC Master Trust File.  You can request all of the documents in the trust and the SEC will send you a bill with the documents (make sure you pay it immediately) – even to Hawaii the entire certified trust documents cost $32.

You will primarily want the PSA and the & black

You are going to order by the FILE/FILM NUMBER. When you order – put the red number / and the black one underneath.

One more thought to consider –

Blow the Whistle if your assignment was made after the Closing Date of the trust. You can file a form and upload your fabricated Assignment of Mortgage.

A whistleblower who knows of possible securities law violations can be among the most powerful weapons in the law enforcement arsenal of the Securities and Exchange Commission. Through their knowledge of the circumstances and individuals involved, whistleblowers can help the Commission identify possible fraud and other violations much earlier than might otherwise have been possible. That allows the Commission to minimize the harm to investors, better preserve the integrity of the United States’ capital markets, and more swiftly hold accountable those responsible for unlawful conduct.

WhistleBlowerThe Commission is authorized by Congress to provide monetary awards to eligible individuals who come forward with high-quality original information that leads to a Commission enforcement action in which over $1,000,000 in sanctions is ordered. The range for awards is between 10% and 30% of the money collected. To file a whistleblower form and upload your fabricated Assignment of Mortgage – Click HERE.

Maybe if we all start uploading our fabricated, bogus, fraudulent Assignments of Mortgage by the hundreds – the government will begin to get a better picture of the fraud.

Good luck to all.

If you still cannot find the loan in the trust or want details about the tranches that the loan may be in send a note to: and we’ll give you some options for your research.Doctel Portal image4

85 thoughts on “How to Search the SEC for a Securitized Trust

  1. A bogus assignment ALSO voids the REMIC status of the trust meaning the trust then owes potentially millions of dollars in tax money! I reported my trust in 2010 to the IRS as a whistleblower and even though the IRS will go after an individual they have thus far failed to go after the trusts. If we (common folk) know what is happening then how could the politicians not know?

    • Not exactly true…there has never been any acceptance of the assignment by the trustee for the trust. It is solely the sub-servicer filing the assignment to foreclose.
      New York is one of two states where an ultra vires transfer of assets to or by a trustee on behalf of a trust is void rather than voidable. If the transfer were voidable then the damaged party would have to bring an action against the misfeasing parties to have the transfer voided. In New York the transaction is void ab initio, just like it never happened.

      You can read more here:

  2. My loan is owned by Fannie Mae. How can those of us whose loan is claimed by a GSE find our PSA, Our loans are definitely securitized as MERS is the beneficiary. How does one find Fannie Mae’s Trust.

    • Not exactly. The Government Sponsored Enterprises (Freddie, Fannie, and Ginnie) don’t use the same instruments as private label issuers do nor are they required to file with the SEC. That said, you can get information if you know where to look and have a little something to go on. For instance Freddie’s equivalent of a PSA (called a PC Trust Agreement) can be found on there site at:
      They reuse these “master” documents for each issuance until it is replaced by a newer model so if your loan went to Freddie in, say, 2007 you have to go some where else on the site ( because ” Freddie Mac adopted trust agreements for its mortgage securities on December 31, 2007.”
      In the historical section you will find links to “Mortgage Participation Certificates Agreement” which was the pre-2008 version of the newer PC Trust Agreement. In the case of a loan going in to a trust on January 2007 you would refer to the October 14, 2005 (not the March 19, 2007) agreement to find the terms.
      If you can get the Committee on Uniform Securities Identification Procedures (CUSIP) number or pool number for the pool your loan went into you can get more detailed information at:
      Fannie and Ginnie have similar information on their sites it just takes some digging.

      • check with your local county recorders office and see if there has already been an assignment done to the trust. This makes it much easier to locate.

      • Assignments are not usually filed until there is an alleged default. Also, the assignment is NOT filed under the homeowner’s name. It is usually found under the address or tax key number and associated with the mortgage. A title company can assist with an assignment search.

        But just because there is an assignment DOES NOT MEAN that the loan is not in a trust. I have found several loan numbers actively trading in trusts that appeared to have been assigned to the servicer. Never assume the loan is not securitized until you have a professional search of the loan number.

        This post was prepared for those folks who know the name of the alleged trust. As we all know now by the PHOENIX LIGHT, et al v JPMORGAN CHASE & CO, et al lawsuit – nothing was assigned… Congress has already advised homeowners that the banks “don’t have the paper” and the 2010 SENATE COP report laid out the facts that loans were not in the trusts and the REMICs were empty. It’s just the judiciary not listening en masse – just the intelligent judges have figured it out. The rest are trying to protect their pension funds and stock portfolios.

        This assignment fraud is what the FDIC has covered up in IndyMac and Wamu: More to come…

    • When you find the trust on the SEC – go to the PSA and search for the Governing Law section (usually about sec 10, 11 or 12). It will read like this:


      • First of all, thanks for getting back with me so quickly. Greatly appreciated.
        I have gone through the prospectus and PSA with a fine tooth comb and cannot find the governing law. I am researching cwalt 2004-36cb and believe me, that language isn’t in there. Sigh

      • The full name of the trust in question is CWALT INC – ALTERNATIVE LOAN TRUST 2004-36CB. It’s always helpful to have all the information. The Central Index Key (CIK) is 0001313080; think of it like the SSN for the company on Electronic Data-Gathering, Analysis, and Retrieval (EDGAR) system. In any even the PSA for the trust in question states:
        SECTION 10.03. Governing Law.


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  6. What if your loan is in an unregistered Securitization trust.. It says on my assignment Stanwich Mortgage Loan Trust Series 2012-17. I searched and cannot find it.

  7. I have a friend a Title Company that just pulled a report and it does not show any Assignment of Mortgage having ever been recorded, although I know that my loan has been sold at least three times. The Notice of Default only lists an attorneys office as substitute trustee for MERS, designated beneficiary of my original lender, now defunct. Any words of advice on how to proceed? I went onto MERSId and it still lists the older servicer and the new lender as JP Morgan Chase NA.

    • The reason there is no list of assignments is because of MERS. All the assignments went through MERS’ private system. It’s not going to be listed in anywhere outside of the MERS database. I bet your original trustee isn’t aware of any assignments too.

      Sounds like you’re in foreclosure, so you have to come up with an affirmative defense to stop these clowns. Fraud is a great start. And it will work in any state. Judicial or non-judicial. You can claim breach of contract, theft or illegal mortgage too.

      You should look up fraud cases in your state to find out what must be alleged in your state. If you can’t do that, then this is what must be alleged in Washington State where I live, and will probably work in every state since our state is really anal and other states usually require less elements to be proven. Even if you can’t prove fraud, you will buy more time in your house. But if you demand enough documents, like the chain of legal assignments to the lawyer, you can win that way. If they can’t show they have the right to foreclose, tell them to pound the pavement and get lost.

      The 9 Elements of Fraud:
      “The nine elements of fraud are: (1) representation of an existing fact, (2) materiality of the representation, (3) falsity of the representation, (4) the speaker’s knowledge of its falsity, (5) intent of the speaker that it should be acted upon by the plaintiff, (6) plaintiff’s ignorance of its falsity, (7) plaintiff’s reliance on the truth of the representation, (8) plaintiff’s right to rely upon it, and (9) resulting damages suffered by the plaintiff.” Wear v. Sierra Pacific Mortgage Company, Inc. citing: Stiley v. Block, 130 Wn.2d 486, 505 (1996).

      So what that says is, 1) you have to show they presented something like a paper that was supposed to represent facts. 2) That the representation wasn’t verbal and can hopefully be brought into the court room. 3) That the representation was false. 4) That the person who made the representation knew it was false. 5) basically this means they intended for you to act on the false information. 6) That you didn’t know it was false. 7) That you relied on it being true. Make sure to say something like no reasonable person would have assumed otherwise. 8) That you had the right to rely on the information since it involved your home. 9) Then tell how it damaged you. They stole all your monthly payments when they didn’t have the right to.
      And by the way, it doesn’t have to be false representations. It can be misleading or was omitted.

      But that’s how you at least delay if not stop these crooks. And make MERS prove who they were representing. Who were they acting as an agent for. Make them present the paperwork showing who their principle was. An agent has to have a principle governing their actions. Otherwise they are acting as an principle which your deed doesn’t allow.

      And since your mortgage was securitized, none of these crooks are a legal beneficiary under Washington State law and have the right to demand payment or to foreclose. To see a simple explanation of it all go to this page and look at the diagram I made showing what happened. (Scroll down to the bottom)!services/c1iwz you can go to this page for a better explanation.!team/galleryPage

      Good luck!

      • Forgot to mention, get the Pooling and Service Agreement and make them prove they followed that too. Scroll down to the next comment to see how to do that.

  8. I just wanted to let you know the easiest way to find all the documents for your mortgage, including the pooling and servicing agreement. I spent days and days looking for them and never did find them until I did this little 2 step process.

    1. Call your servicer and ask who the note Holder is. They have to tell you by law.
    2. Call (202) 551-7230 (SEC number) and tell them the Trust name and asked for all the certified documents for that trust. It cost me $56 for everything. (in 2015) It will take a few days, but they will send you all the documents by email in PDF format. And actually you don’t have to pay since they send them by email BEFORE you pay anything.
    3. DONE! You have your certified documents from the SEC that can be used in any court.

      • Yes I think they are claiming or implying they are the Note Holder since they are claiming to be the owner of the loan. And you got the loan by way of the Note, so that’s kind of reasonable. I wouldn’t try to attack that point, you have bigger fish to fry. And the note holder is not the name of the trust. The note holder is usually some business entity like Bank of New York Mellon. The trust name is what ever the depositor, or who ever is putting the mortgages into the trust wants to call it.

        I’ve learn there are two rights to a Note that are passed on under the UCC. There is ownership rights (the owner of the note) and enforcement rights (who can enforce payment/foreclose) in a Note. The rights can be held by two different entities, but it’s best to be both. For instance, BOA could just enforce the Note, while Wells Fargo could only receive the payments/profits. Or BOA could have both rights if they’re smart. Ownership rights are determined by Article 9 of the UCC, and enforcement rights are determined by Article 3 of the UCC.

        But if you’re in foreclosure, you want to stop the enforcer who is coming after you, if there is one. It doesn’t matter who receives the profit. So you should learn Article 3 of the UCC inside and out, if possible. Those are the laws that will stop them in their tracks if they screwed up the securitization process, which apparently most did.

        To learn those laws, there are a few good resources online you can trust and rely on, which are written by lawyers, law professors, the American Bar Association (ABA) and the UCC Permanent Editorial Board.

        A good book written by a lawyer is called “Fighting the Foreclosure Machine” which I think this site sells.

        This is an easy to read powerpoint presentation done by a law professor/ABA showing the laws in Article 3 & 9 and how they relate to securitized trusts.

        Here’s another good one called “What We Have Learned from the Mortgage Crisis about Transferring Mortgage Loans” by a Missouri law professor.

        And I like “Dirt Lawyers and Dirty REMICs” by the ABA.

        Adam Levitin wrote a lot of good articles too. (another law professor) One is called “Robo-Signing, Chain of Title, Loss Mitigation and Other Issues in Mortgage Servicing”.

        Base your case on standing, real party in interest, lack of agency authority, invalid assignments or transfer of Notes or mortgages. Those are the big ones they violate most often, can bring them down and have the most success. You can get lost with all the info out there on everything these crooks did wrong.

        And remember, you won’t be able to enforce the PSA unless you can prove you were a party to it by claiming it was a step transaction. Or that you are some kind of Third-party beneficiary, like a Donee, Incidental or Intended Beneficiary. Personally I think we were both and deceptively or unwittingly involved in a step transaction we were never informed of, and we are a third party beneficiary, since they couldn’t foreclose on us without it, and we received financing under it, and borrowers are mentioned in it, just like the investors were.

        If you can’t prove one of those things, the crooks still need to have standing. A foreclosure requires properly pleading and proving that. (and in every other case in every court) And in order for them to have standing, they had better have done what the PSA says they were supposed to do, which most didn’t. If the trustee for the securitized trust didn’t dot every i and cross every t for your mortgage, then your mortgage didn’t make it into the trust and they have no standing to foreclose, because NY Trust Law 7-2.4 says: “every act of the trustee in contravention of the trust is void.”

        So when who ever is coming after you says you can’t enforce the PSA because you’re a 3rd party to it, you can tell the court and that crook “I’m not trying to enforce the PSA, I’m challenging the standing of the Plaintiff (which the courts always allow) and the only way the Plaintiff can have standing is if they followed the PSA. If they didn’t follow the PSA, everything they did with my Note is voidable or void under the laws governing the Trust. If they didn’t follow the PSA, they aren’t a party in interest to this case, don’t own my Note, can’t enforce it, have no standing and can’t be damaged. I don’t believe they did follow it, and until they prove they did, I am not behind or late on any payments, and not in default to the one and only Note Holder who can enforce my Note under Article 3 of the UCC.”

        Just keep your case simple but, Deadly Clear. Pun intended. 🙂 You’re only goal is to shoot down the current attacker as quick and efficiently as possible.

        Hope that helps! 🙂

  9. THE CERTIFICATEHOLDERS IS LXS-2006-4N and not appear anymore just LXS-2006-7 instead.
    Can be a change in th company names just like that ?

    • I have an LXS as well, and after searching, they appear to have been unregistered due to their only being a few investors. But it actually made my head hurt just to figure that out. It seems like all of the LXS series went that way, from 2007 on.
      I’m going to try calling and see if I can get the pdf emailed.

  10. What if there were additional assignments that seem to not be appearing on my land records. As well, what is the one Assignment has no end date?

  11. I’m trying to fight a wrongful foreclosure case pro se, and I’ve been denied discovery several times. My trial date is on the 8th of March, and thy say that they are going to produce a copy of the Pooling and Servicing Agreement now, even though they refused under the request for discovery. GinnieMae was on the Assignment, at least according to the numbers shown on the document, which are as follows: GNMA Loan # 0102592392. I looked for any trust info on the document, but I can’t find anything. How do I search for the trust info, soecifically?
    Thanks in advance!

    • I own and have in my possession the Original Warrantee Deed. If my property has changed bank hands and the title turned over to others by the original mortgage company, does that mean that my Deed is no longer valid or does it mean that the title is now clouded?

      • sandrashultz805, what does “I’ve watched records change. I also have the deed with the vol. and book but that doesn’t matter’? mean in response to my comment?

  12. Also, the state of CT placed a bogus lien on my property, without any authenticity of it’s placement being valid, stating I got cash assistance back in 1995-1998. I know I did NOT get cash assistance and if I did, it was not for the amount on the “reconstructed” spreadsheet that they are using as their only piece of evidence. Yes, the state admitted that the spreadsheet was reconstructed but they do not know by who, what, where, when or with what. I did a Freedom Of Information Act Request for my Department of Social Services files back to 1995, it took 8 months to respond that the files are either lost of destroyed.I tried to fight it but I could not afford an attorney and was not allowed to present my case. Yet, they refuse to remove the lien and the judges refused to remove it. Long story shortened, the lien has NO Dollar amount on it and says, for past, present and future cash assistance. Not only did I not get cash assistance, and the state cannot prove that I did, but I do not get cash assistance in the present, and it would seem to be illegal for someone to lien something that has not happened in the future. This lien clouds my title/deed and my house is underwater, so wondering if anyone knows proper law on State Liens and the placing of any liens for that matter.

  13. sandrashultz, I am unsure of what your response means, ie. ive watched recorts change I also have the deed with the vol. and book but that doesn’t matter

  14. Very helpful information. Thank you. My issue is the “Trust” to which my mortgage was assigned does not exist when I do the search. Its U.S. ROF III Legal Title Trust 2015-1 Any ideas??

      • All of this is great in theory but when the judgement has already been entered you are not entitled to discovery in court. If you can’t have discovery you cannot bring up anything about standing, this is what I have encountered when I went to court five different times, and they still foreclosed and took my home. Does anyone have any suggestions besides having to go to the Appellate Division who is in bed with the rest of the judges in the court system, how can you bypass the court and go to the feds or have somebody look at these cases? I was told I lost all my legal rights and it’s too late to do anything, I’m still holding on to hope and fighting, and I refuse to leave until the sheriff physically removed me. There has got to be a way that somebody in authority will listen, my loan was defintinely securitized, and there were several violations, 47 in fact.

      • Give it time. We’re getting there. Yvanova is just one example. More to follow. We’ll be posting some interesting behind the securitization process documents shortly that establish the homeowners as third parties to the transaction.

  15. I am not sure ultimately how helpful this is to anyone trying to win a case. But it is interesting, and it answers a lot of questions to go through the process. Before one spends countless hours on rabbit holes of detailed minutia, they would be well-served to consult a lawyer to at least focus their efforts.

    • Absolutely contact a competent attorney. However, never stop investigating and educating yourself because no attorney knows everything as it changes constantly with new cases. A good attorney will be grateful for additional research. Now, as for how important it is to research the securitized trusts – every homeowner should try to locator their trust. Read the PSA, familiarize yourself with the process that is outlined. There are too many points to adequately define in just a short reply – but I can personally tell you of one homeowner who dissected all of his documents and has great comprehension skills that has helped his attorney immensely. His family is still in their home since 2009 and finally his judge is realizing the securitized trustee hasn’t been able to establish an unbroken chain of title.

      This homeowner has also been able to establish that the homeowners are parties to the securitized trust documents. So, rabbit hole – yes…but Alice, you’ll find more than the Mad Hatter down there.

      Oh, and BTW – if you find your trust verify your collateral is still actively trading. We have an Ocwen case where Ocwen has stated (in writing) that “the rating agency determined the amount of modification for the trust and that the trust had met its limit” (denying the modification) – however, using Bloomberg Terminal the homeowner was able to show that the trust was modifying loans every month… Major misrepresentation by Ocwen.

  16. This maybe a bit lengthy! I need some direction on how to locate my PSA or even if I’m looking in the right place or with the right date or company. Closed on a house in Arkansas 6/28/07, however the documents filed with the county have the copy of my “note”, and MERS and Fannie Mae’s website saying 6-26-07. How could I have a mortgage note dated two days prior to when I closed on it with the title company? Also at the bottom of my mortgage documents I signed are numbers in the bottom right corner and the bottom left (I have realized one was my account number with USAA that I would have and the other is my account number with GMAC that I would have in 2012…how did I have an account number with GMAC the day I signed my mortgage with USAA and 5 years prior to my loan being tranferred to GMAC?). I assumed I originally bought the house through USAA Federal Savings Bank and made payments via their website. March 2012, I receive an assignment of mortgage claiming my loan had been transferred by MERS acting as nominee for USAA bank over to GMAC (also was a stamped name, Dannette Lowe who had “assistant secretary” stamped under her name and an allonge that was more of a second page rather than properly attached). GMAC starts a foreclosure in April and the house was to be sold at auction May 7th, 2012. I tried to do a short sale, which I supposedly was approved for by GMAC that never happened, and I tried to do a deed in lieu which was also denied. USAA said I didn’t have enough time to qualify for the loan modification options before my house was sold, so I decided my only option was to file for bankruptcy which prolonged my foreclosure some. In June 2012, I received info from GMAC saying they were doing a restructuring. In August I had been discharged from my Chapter 7 and did not reaffirm the house but had received a letter that GMAC and a bunch of other banks were declaring bankruptcy and this would halt any foreclosure attempts on me until they got through it. We were to stay put and await further instructions. GMAC never sent any more communication again and I kept living here.

    Two years later in sept 2014, was the first time I heard anything about the house, which came in the form of a notice of auction by a company called Green Tree. I had no idea who they were and was completely surprised why they were trying to foreclose on me or how they had the right, so I hired a lawdid the usual foreclosure stall tactics which temporarily stopped the sale before Green Tree tried again a month later, this time sending “proof” of ownership in copies of my mortgage info including a copy of my note with red stamps of “True and correct copy” on every page.They gave the ALLY bank address in Iowa for the address of where my note was being held. Also in this packet of info was an assignment of mortgage from GMAC to Green Tree dated July 2014 with signatures by VICE PRESIDENT AND ATTORNEY IN FACT, Daniel Thompson and notary Nicole Baldwin (robosigners (Vice President of what exactly?). Sidenote…how did GMAC still function as a company in July of 2014 to assign my mortgage to anyone…weren’t they ALLY bank or OCWEN? By may 2015, I had dealt with Green Tree enough to know they were frauds and I started a lawsuit against Green Tree and GMAC with proof my assignment of mortgage was made of forged signatures that were identical to other people’s assignment of mortgages with other banks. GMAC managed to dodge all discovery questions in our court case and motioned for the judge to allow them off the case pending their ongoing bankruptcy (again, didn’t GMAC get sold in 2012? and their bankruptcy end in 2013?). The local judge closed the court case until GMAC could get their bankruptcy stuff figured out and we could reopen the case. Instead, Ditech shows up and goes behind the judges back and puts my house up for auction (Arkansas is a non judicial state) attempting to bypass court and steal my home. I hire my lawyer again and stop the sale of the house and sue GMAC, Green Tree and Ditech which is where we are currently.

    I need help finding my PSA I think. Athough, I have read other sites that mention even having a PSA won’t help you. Since I have two mortgage dates, what does that mean and how do I know which date to use on the SEC website. I have also had problems as GMAC is missing a lot of dates around when I bought my house, and my loan might be under one of their other names. I think it is probably a Residental Captial, LLC loan more than likely. Fannie Mae also showed up around the time Green Tree did with an account number of their own for me and listing themselves as the owner of my mortgage (and Investor). Where did they come from and does this complicate me finding my PSA on the SEC website? Any advice on how to fight this whole thing in a state that has given MERS the right to foreclose on people is also helpful. I’m at a loss here.

  17. Thank you for this great Blog. In your Blog dated August 26, 2013, about the New York Trust Law, my question is: does the Act EPTL 7-2.4 still active?, Because I have been hearing that it is not a ‘good law’ any longer. I will truly appreciate your answer. and if you have any updated recent cases to support that it is still a ‘good law’

  18. There are some similarities with post above (AB on July 17) and my situation. Assignment of mortgage GMAC Mortgage LLC to Green Tree dated 9/16/2013. Kristina Emmanuel Vice President for Green Tree LLC, as attorney in fact for GMAC LLC and employed by NTC of Florida. Notary: Nicole Baldwin. Then…Corrective Assignment of mortgage to add Mortgage Electronic Registration Systems Inc. to the lender for 2nd mortgage and CEMA. GMAC Mortgage LLC assigns to Green Tree Servicing LLC dated 7/30/2014 signed by Daniel Thompson, VP Greentree Servicing as attorney-in-fact. Notary: Nicole Baldwin.

    Green Tree started foreclosure proceedings. They filed motion for an order of reference which was denied without prejudice for lack of standing. I have been in the process of short sale and shortsale attny wanted to proceed with short sale after this. Mortgage was transferred by Fannie Mae to Goldman Sachs six weeks ago and servicer was transferred from Greentree to Rushmore loan servicing approx five weeks ago. My shortsale attorney is still asking for financials to send to Greetree/Fein Such and Crane (attny for Green tree) for shortsale approval after telling him they have no interest in this property anymore. Thoughts?

    • How can you do a short sale when there was lack of standing? They can never take the home fi they can’t prove ownership of note so why not keep fighting? If you sell home, are you gonna make money, is that why you want to do that? Won’t it be the crooked banks making the money?

  19. Susan, I’m curious which state are you in? I have Ditech wanting to “settle” rather than go to court at the end of Oct. But they have also put in for the judge to dismiss my case because they are the “holder of the note”. The note which is incorrectly dated 2 days before I even closed on the house. It’s nice to know we aren’t the only ones!

  20. Hi,
    I live in the UK.
    I believe the similar problems have occurred in the UK, with GMAC and Merrill Lynch. Is there anyway of finding out if your mortgage was part securitisation in the UK?


  21. Can anyone help locate the list of loans bundled with MASTR Adjustable Rate Mortgages Trust 2007-1? I have read the FWP and the pooling and services agreement, as well as some if the initial filings, but only found loans listed under the default REO sections, and my default is beyond the last filing date since the trust was sued into oblivion.

    • When we are stumped we ask CFLA (Certified Forensic Loan Auditors) to do an “initial search” to see if the loan is actively trading in the trust. Many of the loans were sold to the Fed and if they can’t find your loan there then you might want a full search.

      It would seem logical that if a loan is active in a trust (certificates are still trading) that the collateral is still part of the securities transaction until it is bought out from the trust. If that is the case, it appears that this is a non-traditional mortgage product and therefore, not a traditional mortgage. The argument many attorneys are wrestling with is how to argue this before the courts, because there are no laws for quasi-securities…but there should be.

      If your attorney can convince the court that this was a securities transaction (and we know it was operating before you signed your documents) that securities law should apply. And until the loan is bought out of the trust, it is a non-negotiable instrument not applicable under UCC Article 3. So, if a trust has filed a complaint of foreclosure – it is worth exploring this avenue. This is theory – not legal advice. Discuss this with your attorney.

  22. Pingback: How to Search the SEC for a Securitized Trust – boglinwordpresscom

  23. Pingback: The Constitution of the United States, The Bill of Rights & All Amendments | Securitization | DEED OF TRUST & Mortgage Electronic Registration Systems [MERS] Et cetera – auggiecoupdblog

  24. my loan is securitized it has been in a trust since 2000 it was simply put in a trust no trustee depositer etc they havent reported to sec for 15 years the note and the mortgage are irrevocably separated there is a record of an assignment to a different servicer the signature on this statement sa wileman president of centex corporation after investigating he is president of 5 different corporations all signatures same name appear differently when i checked further on my tila statement they understated my total finance charges by over 90000 dollars just wanted to know what your take is on this and what should i do with this information thank you bill werner

  25. The papers I have say Deutsche Bank Trust Company Americas formerly known as Banker’s Trust Company as trustee and custodian for Morgan Stanley Home Equity Loan Trust MSHEL 2007 – 2
    the Loan was with Wilmington Finance Inc dated 12/18/2006 in CT Deutsche foreclosure with Ownew serviced the loan. I have looked and can not find the PSA any ideas!

  26. Deadly Clear,
    Can you please email me. I have 27 days(today is March 30) till a servicing company forecloses on the house my father left me and my 13yr old son. He passed away January 9th 2017, CHASE sold or transferred to Bayview Loan Servicing, LLC. I looked up the address in MERS and it brought up 5 different companies with INACTIVE and Dates of Note being old and only 2 on there I recognize but not with the correct dates of when they had the note. My dad had the mortgage originally from M&T, dated April 3rd 1998. Please help guide me, please.

    I have done ALOT of research and came across MERS on Tuesday then SEC on Wednesday.
    I followed your steps from above and nothing pulls up, I have been trying different variations for 3 days now.
    Please I’m a single mother, trying so hard to not just give up. I have been having ALOT of problems with BAYVIEW LOAN SERVICING, LLC since the “took over” the mortgage on October 5th 2017.

    • Can u afford an attorney? That’s the best route. I have used a great one in Broward county Florida if you are in Florida. If you can’t find one right now, you can always try to answer the suit yourself. I am trying to get a copy of what a friend responded and you could use that. But again, an attorney is the best thing. Will be praying for you, Jennifer. With God, all things are possible and it’s a crime what these crooks are doing to you.

  27. My friend has same bank trying again to foreclose. This time though, it’s a new trust that I read was bogus. I searched SEC and nothing comes up. It’s RMAC Trust Series 2016-CTT. There are lots of people having the same trust when their loan was many years ago. US Bank is the crooked bank trying to foreclose. They have been found not to even be a trustee for this trust but why can’t I find it on the SEC? Any help is appreciated. God bless.

    • Many defaulted loans (many billions of dollars worth) have been purchased by Lone Star Funding and sold into Master Participation Trusts, such as LSF9. These are Delaware Statutory Trusts. They are not registered or regulated by the SEC. Participation shares are sold only to institutional and qualified investors. If you see U.S. Bank Trust N.A. as the Trustee, this is what you are facing. This is a new beast but they are using the same fraudulent tactics as the REMIC trusts including bogus assignments, etc.

      • It is all so incestuous… but all in all it goes back to Fannie. “Lone Star Funds, which buys non-performing mortgages by the truckload from Fannie Mae and Freddie Mac and is the parent company of Caliber Home Loans…” see

        “Buys” is an interesting terminology. Betchya there are agreements under the agreements where Fannie still owns everything, no real money changes hands, and if “LSF” gets the homeowner out and a sale confirmation (which would likely be to Fannie or US Bank, etc.) that Fannie gets a large chunk of the deal or keeps the property for re-sale, re-securitization and rehypothecation. Fannie concealment. You never know who you are really dealing with, or if the original note still exists, who has it – if anybody. What a scam.

        BTW – look for Calibur Home Loans on the Treasury TARP contract site, where Fannie is the “financial agent of the United States” and you’ll find a couple more sleaze brothers under that umbrella.

      • You are correct, but so much is unknown. The trust agreement has never been produced in any case I have heard of. The Servicing contract does not have US Bank Trust NA as a named party, though they signed it for the trust vehicle. The first and last pages are on the web. I have seen the contract in other cases where a handful of paragraphs are provided on servicing followed by 50 pages of black squares. I have also seen different cover pages listing different parties. So it appears nobody in the foreclosure defense world knows any of the details of these trusts. It is my understanding that they pay 68 percent of face value for the notes/mortgages. That would have to be of the amount still owed I would think, which in most cases is probably less than the value of the property. They follow the REMIC model with fake assignments and move the note from the original lender directly to the trust which is legally impossible. It does not matter if it is a family trust, a REMIC or a Delaware Statutory Trust, ONLY the Depositor can put anything into the trust. They try to make them look like contracts but there is never any acceptance by the trust and contrary to the wording of the assignment, the Trustee or Trust NEVER EVER pay a single cent. The Depositor is the last party to actually pay anything. Then the Trustee issues the security certificates back to the Depositor for sale to investors. The original lender is never ever a party to any trust. The courts say the borrower is not a party, well hello, the original lender is not a party and the Servicer who is actually foreclosing is NEVER a party to the trust. The Servicer is also without standing and all the Powers of Attorney they use at trial (it the case gets that far) are fake and actually do not even accomplish what they claim.

      • I just found out that Bank of America sold my bank to a private investor who put me into some special loan program that prevents me from getting a proper loan modification. I was never told about any of this. What I was told that I had a new Loan Servicer, SLS and it then took me 2 more years to find out that Bank of NY Mellon was only a trustee. And it took me filing a federal lawsuit to find out about this program. Does anyone know what this program might be?

        Long story shortened. 2008 Bank of America acquires Country Wide and thus my loan. They put me into a HAMP Loan Modification for 5 years that was only temporary and at the end of it put me back in the predatory loan that caused us problems. This is illegal under HAMP. In 2010, 2 years into the loan mod, I became legally disabled on a fixed income and notified Bank of America that the then present loan modification was all I could afford. They refused to turn my loan modification into a permanent. Flash forward to today. I have been through 13 loan modification attempts since then.

        I filed a Federal Lawsuit against Bank of America, SLS, Bank of NY Melon, MERS and Wells Fargo. The judge dismissed 11 of my counts against them including the HAMP Violation and then removed all the defendants but the first two. In November 2017, SLS finally gave me a loan modification but refused to tell me the details of what the new loan modification would look like and what we would owe when the 3-month trial was over. In January, when the trial was over, they gave us a loan modification that was absurd.

        Finally, my federal lawsuit was coming up and after 3 years, the judge finally assigned limited scope attorney who was ineffective. As soon as he met me with all of my evidence, he wanted off the case. But he agreed to stay on for mediation. During mediation, I found out that the Private Investor put my mortgage into some special program preventing me from getting an appropriate and proper loan modification. I had no knowledge of this program and I believe it was illegal as I was not notified, there was no consent by me and it was in direct competition with all of the loan modifications I had been in the process of trying for since 2013 when the original loan modification ended.

        So again I ask, Does anyone know what this program might be? Or had an experience like this and have advise?

      • I was told by a former BOA manager that no money ever changed hands. In his words, “it’s all spreadsheets”. He helps homeowners to fight pro se and when I asked him why he changed ships, he responded that he knew they were trying to “buy him”. He shared how he went to a banquet for appreciation of bank managers and at the end of the dinner, they turned on the fans and began to throw out “thousands of hundred dollar bills”. He quit right after that. I asked if he was scared of the powers to be coming after him and he said that there were millions of these cases and that as long as he only helped those with small mortgages and not commercial real estate, that they would not bother with him. Yes it sounds like mafia. I had 2 attorneys tell me not to bother to help my friends fight the foreclosure and adamantly insisted to just modify because “you can’t win against them”. After I told one of them that my friend was willing to pay (I am her interpreter and know about all this stuff), he looked at me straight in the eyes and said in English (so she couldn’t understand), “I don’t want your money! Do you know who you are dealing with?!” Then he asked me if I knew of a certain inventor and what happened to him. I shrugged and said, “they must have blocked his invention”, to which his secretary interjected, “they killed him”. Then another time I was before an attorney who was mediating before the case could go to hearing and he couldn’t believe my friend refused modification deal where they would take off $220,000 off the principal. So I mentioned famous robo signer Linda Green and asked if he remembered what happened to her and he, too, looked at me square in the eyes and said with a smirk, “yeah……she’s dead!”

        As for another part of the scam and heist of trillions of dollars, Chase Bank tried to foreclose and since they knew they couldn’t win, they went to HUD and got almost $200,000 on the property of my one friend. Then they substituted another party who couldn’t prove standing. They faked an assignment by HUD. Now another bank is trying to foreclose and HUD told me that if they fail, then they can submit insurance claim, too. So multiple banks can cash in on insurance, too, besides taking away the property. But the corruption is even bigger than just foreclosures.

      • This has got to stop!!! My girlfriend and i say the following:

        No Government or Entity should be so powerful as to disrespect, ignore the laws, overpower and violate the rights of the people

      • You are absolutely right!!! I was born in Nicaragua and right now, the govt. has been using youth delinquents and police to kill at random. Yes it can get that bad if the good do nothing. Praying that you will find out about program and that you can find an attorney to take those who broke the law to court. Don’t stop fighting. My friend told me this morning that he is tired and wants to just let them have his house. But I almost yelled at him, exhorting him not to give up. These crooked banks and servicer have no right to get property they never paid for.

      • We need to find an attorney who is not afraid of the system or these crooks and is willing to start to file things as class action or something. We need a Watergate type investigation with news reporters possibly. This stuff has to stop before our country is entirely annihilated by this corruption. When is enough enough?

        So many I know and work with have been retaliated against for speaking up and speaking out. This is not what our country was founded upon.

      • Dear Dan, the last time U.S. Bank tried to foreclose in 2015, this was the fraudulent transfer of hands:
        1) Chase made fake assignment to HUD dated 2014 – LVS Title Trust 1.
        2) Chase prepared fake assignment from HUD to US Bank (and HUD told us they don’t make assignments) – LVS Title Trust 1.
        3) During the case, which they lost to my friend, another fake assignment from US Bank to UMB Bank – Mart Legal Title Trust 2015 – NPL1
        4) Now 3 years later, fake assignment dated 2016, UMB Bank to US Bank is submitted with new foreclosure complaint – RMAC Trust, Series 2016-CTT

        So how can the trusts be made into new trusts? Can you explain and how if it’s illegal, can this be brought to judge? God bless, S

      • Yes,i would like to know this too because I suspect that the trust company assigned by the private investor is also not legal.

  28. Need to make a correction on why comment. It should have said, I just found out that Bank of America sold my loan/mortgage to a private investor who put me into some private program that no one can tell me anything about,

    • My friends are blessed with an attorney in Florida who is fighting again for them. He won the last times. One with the bank’s witness admitting he didn’t bring records from bank but got them from the bank’s lawyer and the second case cuz the bank couldn’t come up with documents. But both banks are back again after years trying again. There have been class action suits and all the banksters got was a slap on the hand. I want to bring this before the grand jury but I don’t live in the county where this happened. What’s hard is seeing how many don’t want to know what’s been happening because it hasn’t happened to them. I don’t even own a house. I live with my mother but I have to get involved cuz it’s criminal to see these banksters get away with stealing and killing. The mob got into real estate and banking.

      • Thank you for what you do, do. I work 24/7 with victims of abuse, in particular, Psychological abuse called Parental Alienation. I know what it means to these clients to have someone help them for free.

      • God bless you for what you do, too. The only way these cases go the right way, I have found, is thru intervention by the Lord. Even the attorney we have used doesn’t know everything about all this crookedness. He is having his eyes opened, though.

      • Yes, when I started in the work I do, most attorneys had no clue. I had to train and educate my husband’s attorney. I do not ask for much but fairness and that just does not seem to be how our courts are run anymore.

  29. I always wondered how securitized looks like Mr. Deadly clear! Thank you!
    Can u put me on your list if u planing on filing class action! Against criminal @WellsFargo betrayed us threw us babyboomer on st. Due to Fake modification

    • Search Westvue NLP Trust and Fannie Mae. Search Westvue Trust with US Bank. Search Westvue in the USTPO Trademarks (TESS). Many of these Trusts are private trusts and for some crazy reason don’t have to be reported to the SEC. Usually, Fannie is behind it. Paper laundering? Your discovery needs to be deep. Where are you located?

      • There is no crazy reason. Prior to 2008 virtually all notes were sold into REMIC trusts which were authorized by Congress and registered with the SEC. Since then, an increasing number of another type of real estate trust has become more and more common. This is a Delaware Statutory Trust which is NOT a federal trust and is not required to be registered with the SEC. There are hundreds of these, with the LSF series pretty well known. Those trusts have US Bank Trust NA as the trustee. U.S. Bank Trust NA is owned by U .S. Bank NA but they are totally separate entities. The DS Trusts purchase DEFAULTED loan notes/mortgages and often purchase billions of dollars worth at a time from Freddie, Fannie and other places as well as directly from REMIC trusts at a steep discount. They are not in the business of collecting mortgage payments though they will accept them, but are in the business of taking and selling your home.
        Importantly, NO TRUSTEE ever collects mortgage payments, never sends the default notice and NEVER forecloses. It is all the servicer. The only fiduciary duty of the Trustee is to pay the investors.

  30. I am sure you all remember the whole robo-signing thing. That no longer matters. The courts did away with that issue by deciding that the homeowner/borrower is not a party to the assignment and can not raise it. Previously they decided that the borrower is not a party to the trust PSA and can not raise it. There are ways to get it into a case, but not as most people think. The mortgage assignment is used to show a chain of title and to show ownership of the note at a date before the filing of the foreclosure case in order to create standing. The notes are often endorsed in blank and are undated. The assignment is not a document that anyone uses in the industry, it is simply to memoralize the transaction for use in court. The assignment proves standing. In reality it is a complete fraud as the original lender — if it even exists anymore — was never a party to the trust and has no standing to put anything into the trust. The Servicer is never a party. There is never any consideration. There are usually no Powers of Attorney to back up the Servicer claiming to be an “attorney in fact”. The Servicer forecloses in the name of the Trustee, but the trustee never collects mortgage payments, so it never sends the default notice or forecloses. It is all the Servicer and the lawyer NEVER has a retainer agreement with the named plaintiff, the trustee. The courts just do not care. All the plaintiff has to do is prove standing. The court only cares that you did not make your mortgage payments. They do not care WHO takes your home. Non-judicial states — of course — are even worse.

  31. Can more than one bank, at the same time, be the so called Trustee of a Trust ? That should be impossible. Would appreciate answer asap. Thanks.

    • Yes, I have the same question. My mortgage has been listed on the SEC as being secured by Country Wide Alternative Loan Trust (CWALT) since 2006. Even though they were bailed out and I thought that meant they no longer existed. Yet, they use Bank of New York Mellon as their trustee.

      • Joan, same here. CW Trust series 3500. I’d like clarification on this too, because I filed a Chapter 13 in 2015 and have had TWO servicers file a claim, BOTH allegedly on behalf of BoNY Melon. Very suspicious, but of course my legal rep sees no issue. I’m on yahoo, and it’s pboglin if you want to talk directly.

      • Maybe you didn’t read my question clearly. I asked if more than one bank can be trustee over the same trust….not if a bank can be a trustee to more than one trust.

      • In a REMIC trust, the answer is no. In a Delaware Statutory Trust, there can be two different types of trustees. Also both primary and secondary mortgages can be in two different REMIC trusts.

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