How to Search for the Trust or SPV Claiming Your Loan to Be Part of the SPV Pool

Thank You ABBY!

This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, no original notes, no copies of the note, no copy of the deed, deed of trust or mortgage deed. They may have something they called an allonge and are treating it as though it was an assignment. The attempted transfer will almost ALWAYS violate the terms of the the SPV mortgage backed bonds and almost certainly violate the terms of the pooling and service agreement which is the document governing the pools created by aggregators before they were “sold” to the SPV. For one thing these documents usually state that the execution of the transfer documentation must be in recordable form and some of them even say they should be recorded. There are many other terms as well that conflict with each other and conflict with the actions of the intermediary participants in the securitization chain.

This is why this research is so important — but you should not be doing it to prove your case. You should be doing it to make them justify their position.

By delving deep in discovery or seeking an order compelling them to answer the QWR or DVL, they will eventually anger the judge by their stonewalling. Judicial anger is behind some of the most favorable decisions on record so far. The Judge gets there by recognizing that he/she has been duped and now the truth is coming out that these foreclosing parties are illegiitimate: they are not creditors, they are not lenders, they are not beneficiaries. They are simply interlopers seeking a windfall leaving the homeowners and the investor who advanced the funds in the dark. Shine the light and they scatter like roaches in the middle of the night.

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WANT TO SEARCH FOR THE TRUST YOUR LOAN WENT INTO??

Some steps below to use the SEC website to locate your loan and the trust it is in (mortgage pool).

This example uses WAMU (Washington Mutual).
Typically, Chase had JPMAC (JP Morgan Acquisition Corp) as the name of trusts.

http://www.sec.gov/

1. click on above link
2. if you have not yet created a free account and it asks you for login info…create the account
3. click on ’search’ in upper right corner
4. in the blue area, type in WAMU in the ‘company name’ field
5. click find companies at bottom
6. this brings up all the WAMU filings
7. search around for one that is the year you got your WAMU refi
8. it will be tedious, but you have to click on each CIK number (in red) over on left, and that will take you to a whole big list of more filings for that particular trust
9. go through and click on any ‘fwp’….read/scan to see if it lists any loan numbers….some will….check to see if your loan number is in it.
10. when you click on an ‘fwp’, which means free writing prospectus, you will see even more files…try to avoid looking at the ones that have .txt ending (the other, usually an html file, will have any infor you may need.

Note: you may want to also search around in years just prior to or just after your loan was done.

Some of these deals were set up even prior to you getting your loan.

Again, another place you may find the trust name is on your recorded docs, in MERS or on a Power of Attorney filed at the county recorder by the Securities trustee in your local county (if required by law).

20 Responses

  1. I need any letter or paper from Aegis wholesale corp. which has a Silvia white been sign on. Any body can help me?

  2. LISA
    which trustee are you questioning? The trustee listed on your recorded documents (like the deed) or the ‘securities trustee’?

    If you are talking about the trustee recorded on your property documents (deed, assignments etc.), then you would be able to find that intormation typically listed on your deed of trust (or mortgage) document which you signed.

    You should also go to your county recorder office and get copies (certified is best for court) of your property documents. Sometimes the property trustee has been subsituted and there should be a document like ‘the subsitution of trustee. ‘

    If you are seeking to learn who the securities trustee is, in a situation where your loan was put into a mortgage pool and securitized, then you would find the PSA or Pooling and Servicing Agreement on the SEC or Securities and Exchange Commission website. You’d need to know the name of the securities trust before finding the correct PSA.

    I hope this helps.

  3. How do I find the trustee for my mortgage? I found the lender and the servicer but don’t know where to begin to find the trustee. Thanks.

  4. If you are being foreclosed on by Northwest Trustee Services Inc and Routh Crabtree Olsen PS, take a look at the web site of NW Trustee Services-http://northwesttrustee.com/TSG.aspx
    where the PUBLIC can order a copy of the title for $39.00. This is private information about you! I called the title company and they knew nothing about NW selling these, and said that they didn’t approve, that the title report they issue (that costs you $1000+ and even you cannot get one given to you) is private and solely for the trustee and beneficiary. Everyone that has or is being foreclosed on by NW Trustee Services needs to make a complaint to the Attorney General in the state in which they reside. Routh Crabtree is the actual person that sends it out to the public. Routh Crabtree acts as a debt collector – so that’s a violation of the Fair Debt Collection Practices Act USC 15 1692.
    How can they resell private information? In NW trustee web site, it states they’ve performed over 100,000 foreclosures….There was one trustee that recently lost in court in WA because they didn’t practice “good faith” to all parties. Apparently there was a sale, but they ignored the sale and foreclosed anyway…
    If you want info about that case, email me.
    tina@cmclender.com

  5. Oh, and my loan was started in june of 05, but finished at the end of august of 05, because, it took 3 apprailsals, “to get the number we needed”, brokers words.

    thanks again Abby

  6. My loan was nominee’d by MERS, for America’s Wholesale Lender of Dallas, TX, thru a loan broker, who’s firm has since gone out of business.

  7. Rich
    was your loan originator Countrywide or another entity?
    which one?

  8. Ok, can some one please help me navigate the darn SEC website, to find a loan under Countrywide, because i can’t figure it out. Thanks for your help!

    Rich

  9. Gary
    which trustee are you questioning? The trustee listed on your recorded documents (like the deed) or the ‘securities trustee’?

    If you are talking about the trustee recorded on your property documents (deed, assignments etc.), then
    if you get a new servicer, they can and sometimes do leave the same trustee. I don’t know what state you are in. In California, if they record a ‘Substitution of Trustee’….then that means exactly that…..they are changing the trustee as to your deed etc.

    Make certain of the sequence of your recorded documents (get certified copies from your county recorder). In my case, the ‘securities trustee for the mortgage pool’ recorded a ‘substitution of trustee’ when they did not yet have the authority to do so.

    Check and cross check the dates on everything recorded.

  10. Assignment of Deed = property recording at county recorder’s office

    Allonge = $$ (promissory note) using the property as ‘security’ or ‘securing the note’.

    Always make sure that when one takes an allonge (an assignment of an endorsement of a
    promissory note separate from the note) that the allonge is so affixed to the original note as to
    become a part thereof. See § 3-304(2). Otherwise the lender or factor who is taking the promissory
    note as security or purchasing the note may be subject to whatever defenses the maker has because
    the lender or purchaser is not a holder in due course for failure to have a proper endorsement.
    “Affixed” probably includes staples but does not include paperclips. See Southwestern Resolution
    Corp. v. Watson, 964 S.W.2d 262 (Texas 1997); Adams v. Madison Realty & Development, 853 F.2d
    163 (3d Cir. 1988); Pribus v. Bush, 173 Cal. Rptr. 747 (Cal. Ct. App. 1981).

  11. Does,

    Anybody have Abby’s phone number and email address? I need to have her explaination why the Allonge is not a lawfully assignement of the note.

    I have an Allonge in my mortgage loan, that was signed by an Sr. Loan Funder,

    Gary Goldman 678 895 6500

  12. I have a question for Abby (I couldn’t find the link to her orginal post with her email).

    Q): Does the orginal Trustee change when the serving rights to the mortgage is sold or transfer to another loan serving compnay? My orginal loan server
    was Aegis Wholesale Corp. when the loan closed in 2004, then it assigned by an “Defective” Allonge to Aegis Mortgage Corp, then to Lehmann Bros. Bank, FSB but I have never recieved any Notices from Lehman Bros., but got a new payment statement from Aurora Loan Services, Inc., two months after closing.

    Presently suing MERS & Aurora on Lack of Standing in US District Court in Atlanta, GA.

    Gary Goldman, goldrush2@comcast.net

  13. Abby,
    I have attempted your search for the trust. I am looking for Countrywide. Under all the fwp’s none listed anything more than the offering of MTN’s. Any further guidance you can give to help me locate the trust?

  14. The other items that add to fun reading are the selling and servicing guides. The prospectus may show a website that investors can log into to get monthly reports and you can obtain additional info there. For WAMU it is http://www.wamumsc.com and it has the seller and servicer guide as well the contracts for sale to WAMU etc.

    This was a great find yesterday as it helps support the single transaction theory and the fraudulent concealment of the parties involved and where they got the money:

    ” In no instance may the Company disclose to any prospective mortgagor, or agents of the mortgagor, that such mortgagor’s mortgage loan will be offered for sale to Washington Mutual”.

    This is under the Reps and Warranties section and shows how the true lender was trying to be concealed. Is that not a TILA violation in and of itself?

    How about this for supporting the undisclosed yield spread info:

    ” Compliance with the 5 percent fee limitation. The sum of the origination points, yield spread premium and lender fees do not exceed 5 percent of the initial principle balance of the mortgage loan”.

    The other thing that happened alot was the “requirement” of a prepayment penalty as absolute for approval. The originator and lender could never get an approval and get paid without one in alot of cases. This may be reflected in the underwriters “stipulations for approval” if you are requesting info in a QWR.

    If the originating lender has a forward commitment to deliver the file to WAMU and WAMU knows it is going into the MBS pool and tells the originator not to disclose this and he money can be tracked, does this not create a single transaction? If the total fees exceed 8% on a first lien mortgage as a single transaction is this not a usurious loan?( at least in CO)

    My originating lender admitted to immediately selling my loan to WAMU and never collecting the payments, so how do I prove they never used their own money? They say they collected one interest payment which was the forward interest on the loan from closing.

    The rest of the entities are admitted as being wholly owned subsidiaries of the master company Washington Mutual, Inc. so as I see it any fees earned from the origination, sale to WAMU, transfer to the Depositor and final sale to the Trust should all be included as one transaction.

    Does anyone have information where I can find the IRS definitions and regulations in regard to step transactions? If it is good enough for the IRS should it not be good enough for a federal judge to issue a ruling?

  15. Abby,
    I have found a way to bring class actions against probably all trustees that are doing what you said.
    It appears that something big needs to happen in order to get the kind of attention on this subject that is needed.

    In brief,
    If the trust does not own the loan, everyone of the trustees actions or transaction are illegal.
    For instance: In my P&S Agreement it says that the servicer can invest monthly payments in whatever type of investment is allowable and keep the profits, then pass the payments on to the trustee and they can do the same for 30 days before dispersing to investors.
    According to the P&S the trust must own by legal assignment that they get at the closing concurrently with the purchase of the loans.

    I CAN PROVE WITHOUT A SHADOW OF A DOUBT THAT THEY DID NOT OWN BY ASSIGNMENT WHILE THEY WERE DOING ANY OF THESE TRANSACTIONS.

    If one would take the time to read why each one of these entities were created in the first place you would see that each company is limited to what they could do and for whom.
    A Trustee is a manager of a TRUST and can only handle transaction for the TRUST, but if the TRUST does not own the assetts the trustee is now doing securities transactions for a company that can not be involved in securities transactions.
    CHECK THIS OUT: If a trust claims to own mortgages that are backing pieces of paper that they are selling to investors, what do you think would happen if the SEC found out that the trust did not actually own half the assetts that it reported, and they were selling securities backed by phantom assetts?

    PUNCH LINE:
    This sounds simple but dont discount it.

    All we have to do is set up an email adress and ask everyone that has had a foreclosure transaction started or completed against them AND an assignment was done at that time meaning, just before ar after the foreclosure process started.
    Email your name, so-called lender, who assigned to and when.
    The assignment done on mine shows who drafted it, when, and when recorded.
    If they just drafted up the assignment, and recorded it, they did not have ownership the last several years but they were doing transactions as if they owned.

    Dr G
    apvagolliday@yahoo.com
    (269)325-7816

  16. 11/30/09: Wells Fargo (as Trustee) gets a jury verdict against Lasalle for fraud and improper/negligent underwriting practices in LaSalle origination dept. Will this NOW be used AGAINST Wells Fargo in turn?

    http://www.scribd.com/doc/23764557/WellsFargo-v-Lasalle-Jury-Verdict-in-fraud-case

  17. To Dying Truth [below] –

    They did the same thing with me at first, didn’t record the Trustee’s Deed Upon Sale until more than a month AFTER they filed the UD against me. I managed to get that one dismissed, but then of course they came right back after me with another UD and eventually kicked me to the curb. But … I was in there for 10 months after the “bank” owned it, and 18 months without making a payment … for whatever that’s worth anymore, not much I guess.

    I never ended up in a motel [though I know others who have] … but in the 9 months since I’ve been “homeless” I’ve managed to rent a room in someone else’s house, in essence helping them pay their mortgage before they too go down the tubes.

    And you’re right about the judges and lawyers, they view us as the cockroaches. They’re all corrupt as hell, especially in Calif.

    Steve Cisko
    99Libra@gmail.com

  18. Thank you Abby. I have been trying to do this for a while without success.

  19. yeah ABBY, well i got evicted and now live at motel 6 talk about roaches scattering when you shine the light there’s plenty of them here. i applealed the ud, still working on my district court recission appeal (which is do pretty soon), and am working on my complex civil suit against like 13 comanies involving 2 trust deeds (both of which were backdated along with ROR) for fraud etc… couple of things that urk me about the ud is that the trustee’s deed wasn’t recorded(the 1st) til after the ud was filed, it didn’t spell the names of the parties to the ud properly (causing it to not come up in the grantor/grantee index), and after the plaintiff’s attorney filed a motion for summary judgment on the 13th to be heard on the 23rd the court filed and certified on the 14th a trial court hearing on the 28th (certification occurring at westminster ca and mailing occurring at sacramento on the 15th). so the whole thing uncomprehensible to figure out what the hell was going on in under a month but as it appears on the record the courts are assisting in defrauding homeowners of thier constitutional rights.

    REMEMBER THAT THE UPPER CLASS DOES NOT BELIEVE IN A MIDDLE CLASS AND GUESS WHAT JUDGES AND SCUM SUCKING ATTORNEYS ARE A PART OF THAT UPPER CLASS

  20. Perfect timing! That’s exactly what I’m trying to do now!

    Thanks!

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