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 [www.sec.gov]; 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.

SEC certORDER CERTIFIED COPIES OF THE TRUST DOCUMENTS FROM THE SEC

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 Prospectus.red & 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 –
WHISTLEBLOWER

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: report@doctelportal.com and we’ll give you some options for your research.Doctel Portal image4

40 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: http://foreclosuredefenseschool.com/erobobo-eptl-7-2-4-widows-and-orphans/

  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: http://www.freddiemac.com/mbs/html/legal_doc.html
      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 (http://www.freddiemac.com/mbs/html/hislegal_doc.html) 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: http://www.freddiemac.com/mbs/html/sd_pc_lookup.html?intcmp=SMSSL-T
      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:  https://deadlyclear.wordpress.com/2013/06/02/fdic-hide-sneak-and-seal/. 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:

      Section 12.03 Governing Law. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN THE STATE OF NEW YORK AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HERETO AND THE CERTIFICATEHOLDERS SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

      • 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.

        THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN THE STATE OF NEW YORK AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HERETO AND THE CERTIFICATEHOLDERS SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

  3. Pingback: Follow the Money Trail | Freedom Truth

  4. THE USURERS OF DEUTSCHE BANK ARE RULING IN GREECE WITH SLAVERY, ROBBERY AND GENOCIDES

    1} THE GREEK POLICY IS COMPLETELY CONTROLLED BY DEUTSCHE BANK THROUGH ITS PUPPETS samaras AND venizelos.
    https://en.wikipedia.org/wiki/Antonis_Samaras https://en.wikipedia.org/wiki/Evangelos_Venizelos
    “Deutsche Bank writes German Finance Ministry’s Greek debt policy, ARD documentary reveals
    The German government’s policy on debt restructuring for Greece is lifted directly from policy papers prepared by the Deutsche Bank, it has emerged.
    The proposal floated at the beginning of June by the German Finance Minister Wolfgang Schäuble for a voluntary bond swap leading to a prolongation of the outstanding Greek sovereign bonds by seven years is based on a document by Deutsche Bank, investigative reporters from Germany’s ARD TV station have revealed.
    http://www.wdr.de/tv/monitor/sendungen/2011/0616/Griechenland.php5
    The Deutsche Bank document called “Proposal for Greek liability management exercise – burden sharing without haircuts” insisted, not surprisingly, on a voluntary participation by banks.
    The revelation that the Finance Ministry in Berlin just takes over the contents of policy papers of Deutsche Bank offers yet more proof that Chancellor Angela Merkel and Wolfgang Schäuble are puppets of the commercial banks.
    Merkel and Deutsche Bank CEO Josef Ackermann attended this year’s Bilderberg conference in Switzerland and would have had ample opportunity to discuss ways and means to expropriate yet more money from the tax payers under one pretext or another. ”
    http://waterpressure.wordpress.com/2011/06/17/jane-burgermeister-report-deutsche-bank-writes-german-finance-ministry%e2%80%99s-greek-debt-policy-ard-documentary-reveals/
    http://www.corpwatch.org/article.php?id=15732

    2) DEUTSCHE BANK DEPRIVES THE GREEK PEOPLE OF THE MEDICAL INSURANCE
    ” Recently Greece took the «honor» of first place in Europe for reducing budget expenditures on health services. In particular, expenditures on medications were reduced from 5.6 billion euros (2010) to 3.8 billion euros in 2011 and to 2.88 billion euros in 2012. As a direct result of this, over 50 world pharmaceutical companies have discontinued shipments of medications to Greece. It has become common for relatives of hospital patients to have to run exhausting marathons from pharmacy to pharmacy in search of needed medications. There is an acute shortage of medical equipment. State hospitals are short around 6,500 doctors and 20,000 nurses and orderlies; massive numbers of medical professionals are leaving the country.
    Even those who are employed have difficulty paying for medical services, whose prices have abruptly shot up. More and more often people don’t have the money to obtain quality medical assistance, especially in rural regions and on the islands. In a UN expert report published in May 2013, it was noted that over 10% of the total population of the country live in conditions of extreme poverty. Greece remains the only country in the Eurozone with no complex social assistance scheme, healthcare services are almost inaccessible to poor and low-income citizens, and almost a third of the population does not have state medical insurance. ”
    http://www.strategic-culture.org/news/2013/08/18/greece-a-social-explosion-is-inevitable.html http://www.keeptalkinggreece.com/2013/07/30/athens-sos-urgent-appeal-for-cancer-patient-without-insurance
    http://www.keeptalkinggreece.com/2013/07/31/austrian-ngo-supplies-greek-hospital-with-drugs-paramedic-material-for-uninsured-patients/

    3) GREECE IS ONE OF THE FEW STATES OF THE WORLD THAT KEEPS THE PRISON FOR DEBT AND THE UNIQUE IN EUROPE.
    ” Debts and Prison Penalties

    A debtor owing
    5,000 euro may go to prison to 12 months
    10,000+ euro – at least 6 months
    50,000+ euro – at least one year
    150,000+ euro – at least three years ”
    http://www.keeptalkinggreece.com/2013/04/18/greek-govt-seeks-military-camp-to-serve-as-prison-for-state-debtors/

    4) DEUTSCHE BANK BLACKMAILS AND CUTS THE ELECTRICITY IF GREEKS DO NOT PAY EXORBITANT TAXES ON THE PROPERTY.
    http://www.guardian.co.uk/business/2011/sep/27/greece-property-tax-vote-venizelos
    http://www.keeptalkinggreece.com/2012/11/15/every-months-greek-ppc-cuts-electricity-to-30000-customers/
    http://www.keeptalkinggreece.com/2013/01/22/athens-citizens-protest-exorbitant-electricity-bills/
    http://www.keeptalkinggreece.com/2012/11/28/greek-christmas-five-extra-taxes-to-be-paid-in-december/
    http://histologion.blogspot.gr/2013/02/the-greek-debacle-2013-of-paupers-and.html

    5) GREECE IN CRISIS-DRAMATIC INCREASE OF SUICIDES: 3,124 PEOPLE IN 2009-2012
    http://www.keeptalkinggreece.com/2012/11/22/greece-in-crisis-dramatic-increase-of-suicides-3124-people-in-2009-2012/
    http://www.keeptalkinggreece.com/2013/04/15/athens-a-jobless-an-unpaid-worker-two-men-commit-suicide-on-a-single-day/

    6) ATHENS: DEAF-MUTE WOMAN THREATENING TO COMMIT SUICIDE RESCUED
    ” The president of Deaf Federation told reporters that the woman is not the only one in desperate situation because her social welfare allowances have been cut.
    “All deaf people in this country are in the same situation because they have not received their welfare allowances for the last 6-8 months.”
    Greece saw a sharp increase of suicides due to economic problems after the country sought the aid of the International Monetary Fund.
    According to Greek Police from May 2010 until now, 837 suicides have taken place. Greek police answered a relevant question on the number of suicides posed by several MPs at the Parliament.” http://www.keeptalkinggreece.com/2012/12/18/athens-deaf-mute-woman-threatening-to-commit-suicide-rescued/

    WHO CONTROLS DEUTSCHE BANK ?
    WE CAN NOTICE RELATIONS AMONG LORD JACOB ROTHSCHILD AND DEUTSCHE BANK.
    DAVID HAYSEY ” HEAD OF PUBLIC EQUITIES AT RIT CAPITAL PARTNERS ” AND IN THE PAST ” DIRECTOR AT J ROTHSCHILD CAPITAL MANAGEMENT ” HAS BEEN ” MANAGING DIRECTOR AT DEUTSCHE BANK ” http://uk.linkedin.com/pub/david-haysey/1b/470/bb3
    ” In 2012 RIT Capital saw management changes with the exit of investment director Mikael Breuer-Weil and the appointment of Ron Tabbouche. The first half of 2013 saw further changes with the resignation of David Haysey, head of public equity and manager of the RIT global quality portfolio. ” http://www.iii.co.uk/articles/110881/oriel-rates-lord-rothschilds-rit-capital-positive
    RON TABBOUCHE HAS BEEN SALES ANALYST AT DEUTSCHE BANK. http://www.trustnet.com/Managers/ManagerFactsheet.aspx?personCode=00000065RA&univ=O
    Today, Jacob [Rothschild] is Chairman of RIT Capital Partners plc, one of the largest investment trusts quoted on the London Stock Exchange with a net asset value of about £2 billion.[5] He is Chairman of J Rothschild Capital Management, a subsidiary of RIT Capital Partners plc. https://en.wikipedia.org/wiki/Jacob_Rothschild,_4th_Baron_Rothschild
    THERE ARE ALSO LINKS AMONG EVELYN DE ROTHSCHILD AND DEUTSCHE BANK.
    VERNON JORDAN, THE BIG FRIEND OF EVELYN DE ROTHSCHILD AND LYNN DE ROTHSCHILD, HAS BEEN A DIRECTOR OF DEUTSCHE BANK.
    http://www.companiesintheuk.co.uk/director/8570529/vernon-jordan-jr
    ” LYNN [the wife of EVELYN DE ROTHSCHILD] is the CEO of ELR Holdings and became a director of The Economist in 2002. She launched FirstMark Communications in the late 1990s and got EVELYN DE ROTHSCHILD, Henry Kissinger, Vernon Jordan (senior managing director LAZARD; close Clinton friend and advisor; friend of EVELYN DE ROTHSCHILD; permanent Bilderberg visitor), Michael J. Price (former managing director LAZARD), Nathan Myhrvold (former CEO Microsoft; PPI Task Force member), and others as its initial directors.”
    ” In late August 2004, Clinton and his wife Hillary, EVELYN DE ROTHSCHILD, LYNN DE ROTHSCHILD, Vernon Jordan, and Prince Andrew were all hanging out at the Vineyard at their very own “Anyone but Bush” party. Rothschild and Jordan were jointly celebrating their birthdays that day. Together with his wife he attended the 32nd Williamsburg Conference in Delhi in 2004. ” https://wikispooks.com/ISGP/organisations/introduction/PEHI_Evelyn_de_Rothschild_bio.htm
    DEUTSCHE BANK IS CONNECTED ALSO WITH THE EDMOND DE ROTHSCHILD OWNED BY BENJAMIN DE ROTHSCHILD. https://en.wikipedia.org/wiki/Benjamin_de_Rothschild
    http://hk.linkedin.com/pub/jeffrey-yu/1a/347/18b http://www.linkedin.com/pub/florence-dodard/31/679/566 http://it.linkedin.com/pub/elena-giordano/5/589/7a1 http://www.linkedin.com/pub/lorenzo-avico/6/346/238
    ” Deutsche Bank, now the number one derivatives- and currency-trading bank in the world through its City of London operation, survived to become what it is now — a monster with a $72 trillion derivatives portfolio — because it was massively bailed out in October 2008 by Timothy Geithner and the New York Fed.” http://larouchepac.com/node/26698

  5. DEUTSCHE BANK MASSACRES SICK AND DISABLED PEOPLE IN UNITED KINGDOM

    1) UNITED KINGDOM IS A PROTECTORATE OF DEUTSCHE BANK
    http://blogs.telegraph.co.uk/news/maryriddell/100033519/with-bankers-as-his-friends-david-cameron-needs-no-enemies/

    2) DAVID CAMERON’S FAMILY FORTUNE : THE JERSEY, PANAMA AND GENEVA CONNECTION
    http://www.guardian.co.uk/politics/2012/apr/20/david-cameron-jersey-panama-geneva
    http://www.mirror.co.uk/news/uk-news/conservative-party-links-to-fat-cat-103271
    http://www.independent.co.uk/news/uk/politics/163850bn-official-cost-of-the-bank-bailout-1833830.html

    3) MAN WHO CAN’T TALK, WALK, OR FEED HIMSELF HAS HIS BENEFITS STOPPED AND IS TOLD TO PROVE HE’S UNABLE TO WORK
    http://www.dailymail.co.uk/news/article-2420711/Benefits-stopped-Darlington-man-talk-walk-feed-prove-work.html

    4) ATOS BENEFITS BULLIES KILLED MY SICK DAD, SAYS DEVASTATED KIERAN, 13
    http://www.dailyrecord.co.uk/news/scottish-news/atos-killed-my-dad-says-boy-1411100

    5) RETIRED BLIND MAN IS ‘FIT FOR WORK’
    http://www.burytimes.co.uk/news/10701849.Retired_blind_man_is__fit_for_work_/

    6) AROUND 4,400 PEOPLE COMMIT SUICIDE IN ENGLAND EACH YEAR – THAT’S ONE DEATH EVERY TWO HOURS – AND AT LEAST 10 TIMES THAT NUMBER ATTEMPT SUICIDE
    http://www.mentalhealth.org.uk/help-information/mental-health-a-z/S/suicide/

    7) MAN WITH TERMINAL BRAIN CANCER TOLD HE’S ‘FIT FOR WORK’
    “A man with terminal brain cancer is among those being told they are ‘fit for work’ under the government’s work capability assessment programme, new research has discovered.
    Other figures told they would lose their disability benefit included someone with no short-term memory mechanism and an incontinent disabled man who is both blind and deaf.” http://politics.co.uk/news/2012/11/12/man-with-terminal-brain-cancer-told-he-s-fit-for-work

    8) DEUTSCHE BANK ABOLISHES THE POSSIBILITY OF SICK AND DISABLED PEOPLE TO APPEAL THE DECISIONS THAT CUT THEIR BENEFITS CONDEMNING THEM TO DEATH http://blacktrianglecampaign.org/2013/08/29/draft-deregulation-bill-government-moves-to-shut-down-judicial-supervision-and-criticism-of-dwp-atos-decision-making-by-abolition-of-duty-by-tribunals-president-to-publish-annual-report/

    9) BRITISH GOVERNMENT APPOINTS PRIVATE INSURANCE COMPANY UNUM IN ORDER TO DESTROY WELFARE SYSTEM
    http://blacktrianglecampaign.org/2011/09/07/new-labour-the-market-state-and-the-end-of-welfare/

    10) OVER 70 MPs CONNECTED TO COMPANIES INVOLVED IN PRIVATE HEALTHCARE
    http://socialinvestigations.blogspot.co.uk/2012/07/over-60-mps-connected-to-companies.html

    11) OVER 200 PARLIAMENTARIANS HAVE RECENT PAST OR PRESENT FINANCIAL LINKS TO COMPANIES INVOLVED IN HEALTHCARE
    http://socialinvestigations.blogspot.co.uk/2012/02/nhs-privatisation-compilation-of.html

    12) UNITED KINGDOM GOVERNMENT DENOUNCED FOR CRIMES AGAINST DISABLED PEOPLE TO INTERNATIONAL CRIMINAL COURT IN THE HAGUE
    http://blacktrianglecampaign.org/2012/09/23/united-kingdom-government-denounced-for-crimes-against-disabled-people-to-international-criminal-court-in-the-hague/
    https://217.72.179.33/members/www.bilderberg.org/phpBB2/viewtopic.php?t=5076

  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) http://golfegg.wix.com/pretender-lenders#!services/c1iwz you can go to this page for a better explanation. http://golfegg.wix.com/pretender-lenders#!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. http://tinyurl.com/js4vnsu

        Here’s another good one called “What We Have Learned from the Mortgage Crisis about Transferring Mortgage Loans” by a Missouri law professor. http://tinyurl.com/z32jmfk

        And I like “Dirt Lawyers and Dirty REMICs” by the ABA. http://tinyurl.com/hc6bb73

        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”. http://tinyurl.com/j59q3kh

        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.

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