EDITOR’S COMMENT: Maher has a done a pretty good job of listing the documents that you might want to see to prove your point about the authenticity of the transfers and whether the loan ever made it into an actual, existing pool.
EVIDENCE : PRODUCTION OF DOCUMENTS
By M.Soliman
EXHIBITS, FINANCIAL STATEMENT SCHEDULES
(a) (1) and (2) — Financial Statements and Schedules
The information required by this section of Item 15 is set forth in the Index to Consolidated Financial Statements at page F-2 of this Form 10-K.
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(3) — Exhibits 106
Exhibit _No.__ Description
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3 .1* Restated Certificate of Incorporation of IndyMac Bancorp, Inc. (incorporated by reference to Exhibit 3.1 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2000).
3 .2* Amended and Restated Bylaws of IndyMac Bancorp, Inc. (incorporated by reference to Exhibit 3.1 to IndyMac Bancorp’s Form 8-K filed with the SEC on September 21, 2007).
4 .1* Indenture dated as of November 14, 2001 between IndyMac Bancorp and The Bank of New York (“BoNY”), as Trustee (incorporated by reference to Exhibit 4.8 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
4 .2* First Supplemental Indenture dated as of November 14, 2001 between IndyMac Bancorp and BoNY, as Trustee (incorporated by reference to Exhibit 4.9 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
4 .3* Rights Agreement dated as of October 17, 2001 between IndyMac Bancorp and BoNY, as Rights Agent (incorporated by reference to Exhibit 4.1 to IndyMac Bancorp’s Form 8-K filed with the SEC on October 18, 2001).
10 .1* Amended and Restated Trust Agreement dated as of November 14, 2001 between IndyMac Bancorp, as Sponsor, Roger H. Molvar and Richard L. Sommers, as Administrative Trustees, Wilmington Trust Company, as Property Trustee and as Delaware Trustee, BoNY, as Paying Agent, Registrar, Transfer Agent and Authenticating Agent and several Holders of the Securities (incorporated by reference to Exhibit 10.11 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
10 .2* Unit Agreement dated as of November 14, 2001 between IndyMac Bancorp, IndyMac Capital Trust I, Wilmington Trust Company, as Property Trustee, and BoNY, as Agent (incorporated by reference to Exhibit 10.12 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
10 .3* Warrant Agreement dated as of November 14, 2001 between IndyMac Bancorp and BoNY, as Warrant Agent (incorporated by reference to Exhibit 10.13 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
10 .4* Guarantee Agreement dated as of November 14, 2001 between IndyMac Bancorp, as Guarantor, and BoNY, as Guarantee Trustee (incorporated by reference to Exhibit 10.14 to IndyMac Bancorp’s Form 10-K for the year ended December 31, 2001).
10 .5* IndyMac Bancorp, Inc. Cash Incentive Award Program Under the 2002 Incentive Plan, As Amended and Restated (incorporated by reference to Exhibit 10.2 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2004).
10 .6* Form of Director Indemnification Agreement (incorporated by reference to Exhibit 10.1 to IndyMac Bancorp’s Form 10-Q for the quarter ended March 31, 2006).
10 .7* Employment Agreement entered into May 23, 2006 between IndyMac Bank, F.S.B. and Charles A. Williams (incorporated by reference to Exhibit 10.6 to IndyMac Bancorp’s Form 8-K filed with the SEC on May 30, 2006).
10 .8* IndyMac Bancorp, Inc. Amended Director Emeritus Plan effective as of May 24, 2006 (incorporated by reference to Exhibit 10.2 to IndyMac Bancorp’s Form 10-Q for the quarter ended June 30, 2006).
10 .9* Amended and Restated Employment Agreement entered into July 1, 2006 between IndyMac Bank, F.S.B. and James R. Mahoney (incorporated by reference to Exhibit 10.1 to IndyMac Bancorp’s Form 8-K filed with the SEC on July 5, 2006).
10 .10* Letter Agreement entered into July 1, 2006 between IndyMac Bank, F.S.B. and James R. Mahoney (incorporated by reference to Exhibit 10.2 to IndyMac Bancorp’s Form 8-K filed with the SEC on July 5, 2006).
10 .11* Form of Director’s Agreement, effective August 1, 2006 (incorporated by reference to Exhibit 10.1 to IndyMac Bancorp’s Form 8-K filed with the SEC on August 2, 2006).
10 .12* Summary of Terms of Stock Option Awards Granted to Executive Officers (incorporated by reference to Exhibit 10.25 to Indymac Bancorp’s Form 10-K for the year ended December 31, 2006).
10 .13* 2000 Stock Incentive Plan, as Amended (incorporated by reference to Exhibit 4.1 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2007).
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Table of Contents
Exhibit
No. Description
10 .14* 2002 Incentive Plan, as Amended and Restated (incorporated by reference to Exhibit 4.2 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2007).
10 .15* IndyMac Bancorp, Inc. Senior Manager and Non-Employee Director Deferred Compensation Plan Amended and Restated on September 17, 2007 (incorporated by reference to Exhibit 10.3 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2007).
10 .16* IndyMac Bank, F.S.B. Deferred Compensation Plan, Amended and Restated Effective as of January 1, 2008 (incorporated by reference to Exhibit 10.2 to IndyMac Bancorp’s Form 10-Q for the quarter ended September 30, 2007).
10 .17 Amended Director Compensation and Stock Ownership Policy Requirements, revised January 29, 2008.
10 .18 Employment Agreement entered into May 23, 2006 between IndyMac Bank, F.S.B. and S. Blair Abernathy, as amended effective January 29, 2008.
10 .19 Employment Agreement entered into May 23, 2006 between IndyMac Bank, F.S.B. and Ashwin Adarkar, as amended effective January 29, 2008.
10 .20 Employment Agreement entered into May 23, 2006 between IndyMac Bank, F.S.B. and Scott Keys, as amended effective January 29, 2008.
10 .21 Employment Agreement entered into May 23, 2006 between IndyMac Bank, F.S.B. and Frank M. Sillman, as amended effective January 29, 2008.
10 .22 Amended and Restated Employment Agreement entered into September 17, 2007 between IndyMac Bancorp and Michael W. Perry, as further amended on February 15, 2008.
10 .23 Amended and Restated Employment Agreement entered into September 17, 2007 between IndyMac Bank, F.S.B. and Richard Wohl, as further amended on February 15, 2008.
21 .1 List of Subsidiaries.
23 .1 Consent of Independent Registered Public Accounting Firm.
31 .1 Chief Executive Officer’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
31 .2 Chief Financial Officer’s Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
32 .1 Chief Executive Officer’s Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
32 .2 Chief Financial Officer’s Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
By M.Soliman
expert.witness@live.com
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud |
I can’t believe you let this guy post on your website. MAHER SOLIMAN is a FRAUD. He takes info from other blog sites and ‘claims them as his own creation’. He is a ‘self proclaimed’ expert with NO VERIFIABLE credentials or cases in which he was involved. I asked for a refund after getting NOTHING to help my case. He emailed back saying he was going to report me to the Department of Justice for trying to ‘manipulate and expert witness’. What BS…!!!
I have already filed complaints with the DOJ and the Calif. State Attorney Generals Fraud Task Force against him. If anyone has a location, we want to serve a civil suit against him for fraud, leading to (probable) criminal charges. Anyone else can do the same:
DOJ: http://www.justice.gov/oig/FOIA/hotline.htm
CA Atty Genl Task Force: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL
LAPD: (anonymous tips) https://www.tipsubmit.com/WebTips.aspx?AgencyID=365
if anyone has a location on him, let us know so our attorneys can find him….
Kona: you’re comments show you have talked to Maher BUT none of what he says has been used nor proven in court. Most of what you’ve typed is talked about on blog sites across the US; pointing the finger at mortgage bankers. ANYONE can do this….. I had his info reviewed by attorneys,paralegals and accountants. I (too) am n my 3rd attorney, have a paralegal with numerous amounts of eveidence and case law, and a REAL expert witness with 50+ TRO victories: which I’ve seen the court orders AND their contribution documents to the case, which have been endorsed by the attorneys. Maher did NOT provide anything of value that can help a homeowner. He is no longer worthy of my time……… Nuf Said…
I’ve been working with Maher Soliman for well over a year now, and he has always come thru with some brilliant stuff. Granted, I didn’t know what FAS140 was, or the difference between common and preferred stock or much of anything when I started this journey, but he’s been patient and very helpful in getting me up to speed on the real causes of action at hand instead of these dumb @#$ attnys who want to fight “wheres the note” or “illegal assigments”.
I’ve paid over $27,000 to 3 different attnys over the last 2 years AND tried to get them to see the forest beyond the trees. It takes a lot of “learning” to GET the real issues and turn them into a complaint that will get a judge sit up and take notice. Maher can only do so much and the rest is up to you to do your homework too.
Some questions to ponder:
Even if they bring the original note into court, how did they get their dirty hands on it and now claim to “own” it if the loan was sold in a bonafide sale?
If the note was converted into stock don’t those investors have to be paid back before the note could resurface?
If they derecognized (look that up in GAAP FAS 140) the debt when they borrowered huge sums from warehouse lenders to fund your loan, how can they bring it back on their books?
If the FDIC devalued the stock as 0 and screwed all the investors, when most of these original lenders went BK and were seized by the FDIC, how can they legally claim ownership of the notes?
If the notes were put into trusts, how can they come out of the trust when the rules are they can’t take anything out?
If your lender borrowed the money to fund your loan, aren’t they the principal “debtor”?
Every homeowner involved in foreclosure has been deprived of their due process of law by the means and methods being practiced by the servicers, debt collectors, FNMAE and FDMAC and our government.
The entire game of securitzation was no different than the illegal tax shelter schemes devised back in the 80’s for tax avoidance. Government change laws back then under the guise of spurring business investment, but all it did was bring the crooks out of the woodwork to work the loopholes in the law.
Through derecognition, they took their warehouse loan debt off their balance sheets. and thus went out and got more and more warehouse loans. “Derecognition of a liability occurs when a liability (expense) is removed from a balance sheet either by being discharged, cancelled, or expired. Derecognition can also occur with the transfer of an asset, if the liability, or expenses of the asset, can also be legally transferred.”
So they “legally” transferred the debt. Who to?
Go look up the Master Purchase Agreement between your lender and their warehouse lender. Before they made you a loan, they had pledged ALL notes and loan files coming in, to get their warehouse loans from some other entity.
What did that entity do with the notes?
And they call us deadbeats because we can’t pay?
Is it Mr Moneybags (FHLBB) behind the warehouse line that is attempting to come collect your house because the original lender did a hocus pocus with your note and turned it into stock that is now worthless and he isn’t paying his loan to the warehouse lender?
Maher Soliman is advertising on various website and blog sites he is an ‘expert witness’ for people in foreclosure
I paid him $5000 and he gave me a resume of his ‘qualifications’ and a list of foreclosure cases he had ‘testified’ in. I filed these into Federal Court to introduce him as an Expert Witness. There was a deadline for him to provide a narrative of ‘what’ he would be testifying about. He never provided it and we discovered his credentials are phony and the court case numbers were bogus. The Federal Judge DISQUALIFIED HIM as an Expert Witness and threw him out of the case. He would not refund my money after demands. TOTAL PHONY….
Nothing in Government Happens by Accident:
Physics plays important role for energy of the “SPIN” creates “Momentum to Foreclose.”
Without energy over 24 months, Principal Reduction Consultants, LLC secure principal reductions including Bank of America.
A few CPAs that have negotiated 334 principal reductions over 24 months.
Many (3) or more of these principal reductions are 40-60 % of initial face principal value of the notes
or re-casting of these loans after applying all of the insurances!
The fuel? Lenders looking for least resistance and shortest distance to hitting loss share insurance funds$$.
80% of the loss created by selling the home as REO and subtracting this sale price from the face value of the note creates an absolute loss and is paid by the FDIC or some other government or CDS insurance loss subsidy.
‘Sharktales’ of former Presidents Clinton & Bush’s administration are allowed to purchase failed banks with borrowed money guaranteed to create massive returns by the US Government.
Why would Congress ignore recasting subprime predatorial notes at 90% NPV also allows the banks to receive subsidies for the losses.
Keep their homes and pay more affordable mortgages and stem the huge flow of inventory or REO onto the market
http://www.PrincipalReductionConsultants.com
Anonymous how correct you are.
The judges bosses are in living denial.
Unemployment equals depressed real estate prices
you cant get water out of a dry stone.
Can somebody please explain to me what those documents are. They look like a lot of Employment records. Soliman please explain.
M Soliman – Absolutely GREAT!!!!!! – but how do you get a court to do this???? Judge’s discretion – and still hearing – “YOU OWE THE MONEY” – i.e. – judge does not care. Judges are singing the tune “we’re in the money!…42 second street!!” (actually just a little more downtown NY – Wall Street).
Thanks Maher…. we need him to keep cranking out the good stuff in spoonfuls, lol.
I have always thought that anyone who actually investigated and understood the highly sophisticated aspects of the fraud would be overlooked, and I think that Maher is one of those people.
So God Bless You Maher Soliman.
Thankyou. You guys are such a team you lnow
Thank you Maher Soliman and Neil Garfield. Printing this out right now.