When 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.
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”.
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.
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.
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.
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 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.
The 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: email@example.com and we’ll give you some options for your research.
Whether or not you are represented by an attorney understanding the legal system is an asset. The more you learn, the less likely you are to be taken advantage of or scammed. Knowledge is power!