WHY THEY LIE

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It is always the same. The pretenders will say whatever they want to satisfy their needs at the moment. In Court, they don’t care whether it is true or not, they just say it because the Judge expects them to say it. The reason they do it is because they can: up until recently the representations of counsel in Court proceedings were taken as gospel by Judges on the bench ALL OF THE TIME. Now, with clear evidence of forgery and fabrication all over the media, the pretenders are getting their way MOST OF THE TIME.

What will it take to have Judges actually require evidence? More time, I suppose. Meanwhile, people are being terrorized by a group of individuals and companies who have nothing but complete disdain for the American homeowner and would just as soon foreclose on him as look at him, regardless of whether or not he is up to date on his payments.

Here is a clear case in point, which is repeated all over the country. I get more reports about these discrepancies with Wells Fargo but it is apparent from the reports that all the banks are doing it. They deny the loan was securitized if they filed the action in the name of a bank, especially if the bank is the same one who originated the loan. They admit that the loan was securitized when they are seeking some relief that can only be obtained by stating that an asset-backed pool exists (even if it doesn’t) and that the subject loan is in the pool (even if it isn’t).

But the main culprit here is myth and ideology. Based upon a double-standard that defies rational explanation, it is perfectly OK for a business to cram down or discharge a lien that was never perfected. That’s OK. But it isn’t OK for a homeowner to do the exact same thing for the same reasons — the original deal didn’t work out. In this case the original deal didn’t work out because it couldn’t and nobody except the borrower wanted it to work out. The investor had no idea what was being done with investor money.

The bottom line that is dragging our economy into a ditch deeper than the one that Bush gave us, is that we would rather have banks collect taxpayer money and get ownership of homes on which they advanced no funds, than to give the collateral benefit of defects in the loan and transfer procedures to the borrower. It’s either the bank gets a free house or the homeowner gets a lien-free house and then still owes money. Somehow, everyone seems to be in agreement that it is better to give the banks a free house than to allow the operation of existing law.

And somehow, the banks have succeeded in controlling the narrative such that it appears as though the homeowner is seeking a free home, not the banks. Neither Judges nor even homeowners can quite grasp the idea that the bank has no financial interest in their loan transaction. Most people walk away handing the keys to complete strangers. If anyone else asked for the keys they would sent packing, but somehow the homeowner presumes that the bank wouldn’t be there if it didn’t own the loan. It just isn’t so, and saying it doesn’t make it so either.

26 Responses

  1. […] title, rescission, RESPA, securitization, TILA audit, trustee,WEISBAND « WHY THEY LIE Like Be the first to like this […]

  2. How did the brokers, dealers, distributors, agents who do the loan funding get their business to sell the ‘collateral’ held in the loan trusts?

    Look at the #1 virtual broker who came into US to setup a holding company in DE and reorganize and move back out connecting North America, through UK to HongKong?

    TD – 1999-2001 Reorganization to take domicile in US, hide holding in DE, and Parent took back control 2001. Cool.
    JM My focus on the existing registrations and existing transactions of the ‘collateral’ the mortgage notes acquired and sliced and diced in loan trusts, trust funds, CDO’s CLO’s as sold by the TRUSTEES utilizing the collateral inside of ‘other financial products’ that TD owns in a pyramid ‘can’t call it scheme’ pyramid network.
    The ‘collateral’ of the former registrants incorporated into the ‘new’ and improved’ holding company in State of DE. I’m trying to figure out if TD Services dba TD Escrow Services is TDS as discussed inside of the LSTA (Loan Syndications Trade Association) as ‘their product’ including LLI.

    TD took assets and moved through USA in Holding Company in DE in order to reorganize and do business over NYSE and took back control in a short merger end of 2001.
    http://www.secinfo.com/dsvr4.4FGQk.d.htm
    DEALER PROSPECTUS DELIVERY OBLIGATION
    Credit Enhancement:
    Subordinate their risk using the ‘credit lines’ and ‘collateral’ required of the clients.
    In the event the counterparty is unable to meet its contracted obligation to return customer securities delivered as collateral, the Company may be obligated to purchase the securities

    TD Waterhouse Group Inc
    Click on these tabs to view other information related to TD Waterhouse Group Inc.

    View: Registrant About Filings
    Files Relationships Names Topics Sites All

    5 SEC Files (as “Issuer”)
    First Filing Last Filing SEC File Act Filings

    6/17/99 11/27/01 001-15101 ’34 8-A12B, DEF 14A, 10-K, NT 10-Q, 10-Q, 8-K, 15-12B
    2/14/00 11/23/01 005-58409 ’34 SC 13G, SC 13G/A, SC TO-C, SC14D9C, SC TO-T, SC 14D9, SC 13E3, SC 14D9/A, SC 13E3/A, SC TO-T/A [ * ]
    6/27/00 333-40236 ’33 S-8
    6/23/99 333-81345 ’33 S-1MEF
    4/30/99 6/23/99 333-77521: IPO ’33 S-1, S-1/A, 424B1, S-1MEF
    The Registrant hereby amends this Registration Statement on such date or
    dates as may be necessary to delay its effective date until the Registrant shall
    file a further amendment which specifically states that this Registration
    Statement shall thereafter become effective in accordance with Section 8(a) of
    the Securities Act of 1933, or until this Registration Statement shall become
    effective on such date as the Commission, acting pursuant to said Section 8(a),
    may determine.

    U.S. AND INTERNATIONAL UNDERWRITING AGREEMENT

    June 22, 1999

    Credit Suisse First Boston Corporation
    TD Securities (USA) Inc.
    As Representatives of the several U.S. Underwriters,
    c/o Credit Suisse First Boston Corporation (“CSFBC”),
    Eleven Madison Avenue,
    New York, N.Y. 100103629

    Credit Suisse First Boston (Europe) Limited
    THE TORONTO-DOMINION BANK
    As Representatives of the several Managers
    c/o Credit Suisse First Boston (Europe) Limited (“CSFBL”)
    One Cabot Square
    London, England E14 4QJ

    The ‘loan trusts’ are a mirror image of the higher end ‘brokerage’ transactions in which TD Watherhouse is the ‘TRUSTEE’ if you will. Right?

    The Reorganization
    In connection with the initial public offerings of our common stock on June 23, 1999, TD Bank reorganized its worldwide discount brokerage operations so that they would be consolidated into our company and our subsidiaries. This reorganization included the following steps:

    • TD Waterhouse Holdings, Inc., formerly Waterhouse Investor Services, Inc., which prior to the reorganization served as the U.S. holding company for TD Bank’s U.S. discount brokerage operations, converted the shares of common stock it held in one of its wholly-owned registered broker-dealer subsidiaries into shares of new common stock and preferred stock.

    S-1 TD Waterhouse Group Inc. DE SIC CODE 6791, 13-40565116 IRS
    S-1 4/30/1999; 6/7/1999 S-1/A; 6/17/1999; S-1/A, 6/22/1999 S-1A
    100 Wall St, New York, NY 10005 & TD Waterhouse Securities Inc. 13-4056516 Agent for Service
    $1 Billion Dollars

    4/30/1999: This registration statement contains three forms of prospectus: one to be used in connection with an offering in the U.S., one to be used in connection with a concurrent offering in Canada and one to be used in connection with a concurrent international offering outside the U.S. and Canada.

    JOINT GLOBAL COORDINATORS
    CREDIT SUISSE FIRST BOSTON – TD SECURITIES
    • Goldman Sachs & C
    • Salomon Smith Barney
    • Morgan Stanley Dean Witter

    THE COMPANY

    TD WATERHOUSE, A GLOBAL ONLINE BROKER – We are a “self-clearing” broker in the U.S., Canada, Australia, the United Kingdom and Hong Kong. We also provide clearing services for unaffiliated broker-dealers (referred to as “introducing brokers”) in the U.S. and Canada.

    In the U.S., we have been recognized as a leading provider of low-cost,
    high quality financial services. In both 1997 and 1998, SmartMoney magazine
    named us “America’s #1 Discount Broker,” and ranked our online trading service first in 1998. In October 1998, Kiplinger’s magazine ranked us as the best discount broker for mutual funds.

    TD Waterhouse is one of the largest discount brokers in the world.
    Leveraging our technological expertise, we have become one of the premier global online brokers and a leading provider of online investing services and related financial products.

    1999 on-line market share in US approximately 12% 1st Q 1999 ranks TD Waterhouse Group third in US and globally base don on-line trading volume.

    WE DEPEND ON THIRD PARTY SUPPLIERS FOR KEY SERVICES

    A significant barrier to Internet commerce is the secure transmission of
    Confidential nformationver public networks. We rely on third-party encryption and authentication technology to facilitate secure transmission of confidential information.

    We rely on a number of third parties to process transactions. These include
    service bureaus for our customer account record keeping and data processing
    services and market makers and stock exchanges to execute customer orders. In
    the U.S., we depend on Automatic Data Processing and in Canada on Information
    Systems Management Corporation, (a wholly-owned subsidiary of IBM Canada) for
    back-office services, including broker terminal services and order entry
    systems, and other information necessary to run our business, including
    transaction summaries, data feeds for compliance and risk management, execution reports, and trade confirmations. In addition, the key component of our Internet trading technology is the webBroker front-end program and the middleware (which links customer interface programs to our back office systems) provided to us by our affiliate, Marketware International Inc.

    Registrant TD Securities Inc. SEC CIK# 1106553
    CUSPI 87236210-8 6/23/1999 TD Waterhouse Group, Inc.
    100 Wall St, New York, NY 10005
    c/o Td Tower 12th Fl 55 King St West , P O Box 1 Toronto Ontario
    TD Waterhouse Investor Services (Canada) Inc., subsidiary of ISSUER (EXCHANGEABLE SHARES) reorganizing its discount brokerage operations into the ISSUER in 1999 reorganization as related to TD Waterhouse Holdings Inc. a corporation organized in Delaware, and TD Securities Inc./Valeurs Mobilieres TD Inc.(“TDSI”) corporation organized under laws of the province of Ontario, and The Toronto-Dominion Bank (“TD Bank”)
    THE TORONTO-DOMINION BANK (“TD Bank”)

    By: /s/ Christopher A. Montague
    —————————
    Name: Christopher A. Montague
    Title: Executive Vice President, General
    Counsel and Secretary

    TD WATERHOUSE HOLDINGS, INC.

    By: /s/ Richard H. Neiman
    —————————
    Name: Richard H. Neiman
    Title: Executive Vice President

    TD SECURITIES INC./VALEURS
    MOBILIERES TD INC.

    By: /s/ Christopher A. Montague
    ——————————
    Name: Christopher A. Montague
    Title: Director
    Principal Business Office Address (TDSI & TD Bank)
    The Toronto-Dominion Bank (TD Bank) PO Box 1, Toronto Dominion Center, Toronto, Ontario Canada M5K 1A2

    TD Securities USA, Inc.
    31 West 52nd St, New York, NY 10019, IRS 22-2203727 Corporation Deleware SEC CID 803012 & SEC 1335977

    Search Recent Filings (as Signatory) for “Richard H. Neiman”
    “Richard H. Neiman” has been a Signatory for/with the following 8 Registrants:
    TD Asset Management USA Funds Inc [ formerly TD Waterhouse Family of Funds Inc ]
    TD Securities Inc
    TD Waterhouse Group Inc [ formerly TD Waterhouse Securities Inc ]
    TD Waterhouse Holdings Inc
    TD Waterhouse Plus Funds Inc
    TD Waterhouse Trust [ formerly TD Waterhouse Dow 30 Fund ]
    Toronto Dominion Bank
    Waterhouse Investor Services Inc

    “Richard H. Neiman” has/had a Signatory interest in the following Registrant:
    TD Waterhouse Group Inc [ formerly TD Waterhouse Securities Inc ]

    LIST OF SUBSIDIARIES

    ——————————————————————————–

    10K Registrant TD Waterhouse Group
    Commission file 1-151-1 IRS 13-4056516, DE Corp NYSE

    Registrant: TD Waterhouse Group Inc • 10-K • For 10/31/00 • EX-21.1
    Filed On 1/26/01 3:28pm ET • SEC File 1-15101 • Accession Number 950123-1-629

    • clearing and execution services to correspondents and other broker-dealers.

    • online channels via the Internet, using our webBroker;

    UNLESS OTHERWISE INDICATED, REFERENCES TO “COMPANY” MEAN TD WATERHOUSE GROUP, INC. AND ITS SUBSIDIARIES, AND REFERENCES TO TD BANK MEAN THE TORONTO-DOMINION BANK. AS OF SEPTEMBER 1999, THE ENTITY FORMERLY KNOWN AS WATERHOUSE INVESTOR SERVICES, INC. IS NOW NAMED TD WATERHOUSE HOLDINGS, INC. AND THE ENTITY FORMERLY KNOWN AS WATERHOUSE SECURITIES, INC. IS NOW NAMED TD WATERHOUSE INVESTOR SERVICES, INC. REFERENCES TO “FISCAL” MEAN THE COMPANY’S YEAR ENDED OCTOBER 31 (E.G. “FISCAL 2000” REPRESENTS THE PERIOD NOVEMBER 1, 1999 TO OCTOBER 31, 2000).

    Fundamental to our strategy is our focus on:

    • Leveraging our relationship with TD Bank Financial Group (consisting of TD Bank and its affiliates, including TD Waterhouse Bank, N.A. and TD Securities Inc.).

    • Developing strategic relationships and marketing and cross promotion alliances with online providers, equipment and software publishers, and joint venture partners.

    • Building our brand around the world.

    The vast majority of our customer transactions are cleared through the facilities of the National Securities Clearing Corporation or the Options Clearing Corporation for our U.S. clearing operation

    We are the first major discount brokerage to have a presence in Hong Kong.

    Technology and Information Systems

    We maintain sophisticated and proprietary technology that automates traditionally labor-intensive securities transactions and provides us with a platform to support our operations. We believe that our ability to effectively leverage technology to improve our products and services has been a key component in the
    development of our franchise. Our systems provide customers with efficient service and have the fundamental advantage of being scalable and adaptable as usage increases and service and product offerings are expanded.
    Our technology platform
    Our standard development model is to build our electronic commerce systems using a three-tier approach. The first tier is the “client presentation” layer, which consists of our various delivery channels: Internet, PC dialup, touch-tone, and voice recognition. We typically code these applications ourselves, or in conjunction with an outside vendor, to ensure that we retain the associated competitive advantage.

    The second layer is our “middleware,” which validates and logs transactions, formats them for the appropriate back office systems, and returns the completed transaction to the user. By separating the third layer from the client presentation layer, we allow ourselves the ability to change presentation easily or to change back office systems without affecting the client directly.

    Finally, the third layer consists of back office systems, quotation services, and other databases. Specific formats are required to communicate with each of these systems, but the presentation and middleware layers are unaffected by these complexities.

    In the U.S., the primary component of our system with respect to online trading is our middleware component. Our middleware unifies front-end applications and multiple interfaces, supports different languages, hardware platforms and protocols, and establishes the interface between ADP, our back-office service provider, and our customers who execute transactions via webBroker or TradeDirect. In Canada, our middleware is currently used only on our web product.

    ADP, in the U.S., and ISM, in Canada, are our providers of back office services including broker terminal services, order entry systems and other information necessary to run our business, including transaction summaries, data feeds for compliance and risk management, execution reports, and trade confirmations. Our systems, which are maintained independently of their systems, accept trading orders and forward them to the back-office service provider for processing. Our data systems also contain our customer profile data base functions, perform functions to enable our customers on webBroker and provide other support to our clearing divisions.
    We continue to make significant investments in systems technology. To enhance the capacity and reliability of our systems, we have established two separate data centers in each of Jersey City, New Jersey for our U.S. business and in Toronto for our Canadian business. These facilities support network services, trading and investor services. These are fully redundant data centers which allow the business to be run from a single site should the other fail. To provide for system continuity during potential outages, we also have equipped our computer facilities in both countries with uninterruptible power supply units, as well as back-up generators.
    The secure transmission of confidential information over public networks is a critical element of our operations. We use a combination of proprietary and industry standard security measures to protect customers’ accounts. Customers are assigned unique account numbers, user identifications and trading passwords that must be used each time they log on to the system. We rely on industry-standard encryption and authentication technology, including public key cryptography technology licensed from RSA Data Security, Inc., to provide the security and authentication necessary to effect the secure exchange of information. Touch-Tone telephone transactions are secured through a personal identification number, the same technology used in the ATMs. We have an agreement to provide digital certification and authentication services for electronic commerce for our web servers through VeriSign, Inc

    Securities Regulation:
    United States. The securities industry in the U.S. is subject to extensive regulation under both federal and state laws. The Securities and Exchange Commission is the federal agency responsible for the administration of the federal securities laws. Our U.S. brokerage and clearing subsidiaries are registered as broker-dealers, and our subsidiary which acts as advisor to our proprietary U.S. mutual funds is registered as an investment advisor, with the SEC. Much of the regulation of broker-dealers has been delegated by the SEC to self-regulatory organizations, principally the Municipal Securities Rulemaking Board, the National Association of Securities Dealers and the New York Stock Exchange, which has been designated by the SEC as our primary regulator. These self-regulatory organizations adopt rules (subject to approval by the SEC) that govern the industry and conduct periodic examinations of the operations of our U.S. brokerage and clearing subsidiaries. Securities firms are also subject to regulation by state securities administrators in those states in which they conduct business. Our U.S. brokerage and clearing subsidiaries are registered as broker-dealers in all 50 states, the District of Columbia and Puerto Rico.

    Broker-dealers in the U.S. are subject to regulations covering all aspects of the securities business, including sales methods, trade practices among broker-dealers, use and safekeeping of customers’ funds and securities, capital structure, record keeping, the conduct of directors, officers and employees, possession and control of customer funds and securities, margin lending and execution and settlement of transactions.

    Our U.S. brokerage and clearing subsidiaries are members of the Securities Investor Protection Corporation (“SIPC”), which provides, in the event of the liquidation of a broker-dealer, protection for customers’ accounts of up to $500,000 for each customer, subject to a limitation of $100,000 for claims for cash balances. In addition, we have arranged for full supplemental insurance coverage of customer securities through Asset Guaranty Insurance Company. Neither SIPC nor this supplemental coverage provides coverage for losses due to market fluctuations.

    Our History

    TD Waterhouse is a leading global online financial services firm. Leveraging our investment in technology, we have become one of the premier global online brokers and a leading provider of online investing services and related financial products.

    We are one of the world’s largest brokers to the self-directed investor with approximately 4.4 million customer accounts. At October 31, 2000, we had approximately 3.1 million active accounts and approximately $159 billion in customer assets.

    We have a significant international presence with operations in the United States, Canada, Australia, the United Kingdom We have a significant international presence with operations in the United States, Canada, Australia, the United Kingdom and Hong Kong. In addition, we service customers in Japan and India through joint ventures in those countries. We have the second largest global branch network of any discount broker with over 230 branches worldwide
    Our History

    Our U.S. operations commenced in 1979 as Waterhouse Securities, Inc. located in New York City. After a successful initial public offering in 1987 by its parent, Waterhouse Investor Services, Inc. (“WISI”), Waterhouse Securities, Inc., a member of the New York Stock Exchange, was able to develop its own self-clearing capability in 1988 and subsequently launched Waterhouse National Bank in 1994, Waterhouse Asset Management in 1995 and National Investor Services Corp. in 1997. In 1998, Waterhouse Securities, Inc. became the third largest discount brokerage firm in the U.S. measured by number of customer accounts.

    WISI was acquired in 1996 by TD Bank, which had begun building its own discount brokerage operations as early as 1984 following the deregulation of brokerage commissions in Canada. In 1987, TD Bank’s discount brokerage operations became a fully registered broker and the first bank-owned firm in Canada to purchase a seat on the Toronto Stock Exchange. By 1989, through a series of acquisitions and internal growth, TD Bank operated the largest discount broker in Canada. In connection with the initial public offerings of our Common Stock on June 23, 1999, TD Bank reorganized its worldwide discount brokerage operations so that they would be consolidated into our company and our subsidiaries. The Company was incorporated in Delaware in 1999.
    Cash Management Services
    United States. Our customers in the U.S. can choose to have cash balances in their accounts automatically swept, on a daily basis, into any of a selection of money market funds or an FDIC-insured money market deposit account offered through TD Waterhouse Bank, N.A., our affiliate
    Investor Information Services
    We provide a broad spectrum of free investment information and research tools to our active customer base in order to help the self-directed investor with his or her investment decisions. These include printed research materials, such as Standard & Poors’s research reports,
    Brokerage Services For Investment Advisors
    By leveraging our investment in technology, economies of scale and management expertise, we can offer investment counselors quality administration services at a competitive price. Investment counselors manage private client accounts under our product label. Trade commissions on the accounts are paid to us, and we assume responsibility for account opening, trading, credit and regulatory compliance. As of October 31, 2000, we serviced 125 investment counselor firms and had approximately 16,000 accounts and $1.6 billion of assets under administration
    United States. Through our TD Waterhouse Institutional Services Division, which operates out of two regional offices, we offer a full range of brokerage execution and operational support services to independent fee-based registered investment advisors and to financial institutions, such as banks and trust companies, which provide trust and other investment services for their clients.

    Through the TD Waterhouse referral program, AdvisorDirect, we provide qualified customers with referrals to registered investment advisors meeting certain minimum requirements, including registration with the SEC. In order to qualify for this referral service, our customers must have a portfolio with a balance of at least $100,000.
    Insurance Products
    We provide our Canadian customers with access to insurance professionals who can offer travel, home, auto and life insurance. Life insurance is offered by agents of Toronto Dominion Life Insurance Company. Travel insurance is provided under a group insurance contract we hold for our customers. Home and auto insurance products are offered to our clients through Vector Intermediaries Inc., an unaffiliated insurance broker. In May 2000, we announced an alliance with HealthAxis.com, in which we intend to establish a co-branded web site where our U.S. customers will have access to a full range of health insurance products online.
    Alliances

    We have developed alliances with various strategic partners to increase account development and expand distribution. Such providers include Microsoft, Yahoo!, Aether Systems, @Home Canada, Excite@Home, AT&T, Sprint, Verizon, Nextel, Cable & Wireless HKT Mobile Services, Metamarkets.com, Money.net and Netzee. These partners attract significant numbers of users, and our relationships with them give us access to expanded market opportunities.

    Clearing Operations

    We perform clearing services for all securities transactions in our customer accounts. These services involve issuing trade confirmations, statements, settling and transferring payment for securities on the settlement date, providing custodial services for securities and cash held in the customers’ accounts and similar functions involved in all securities trading transactions. In the U.S., our clearing services are performed by National Investor Services Corp.

    We also provide clearing services for over 30 other unaffiliated broker-dealers (referred to as “introducing brokers”) in the U.S. and Canada
    Exhibit 21.1 Subsidiaries & Jurisdiction of Incorporation

    Marketware International, Inc. Delaware, U.S.
    National Investor Services Corp. Delaware, U.S.
    TD Waterhouse Advertising, Inc. New York, U.S
    TD Waterhouse Asset Management, Inc. Delaware, U.S.
    TD Waterhouse European Acquisition Corporation Delaware, U.S.
    TD Waterhouse Holdings Europe B.V Netherlands
    The Bank of TDW and BGL Luxembourg
    TD Waterhouse Holdings (Australia) Pty Ltd Australia
    TD Waterhouse Investor Services Limited Australia
    TD Waterhouse Nominees Pty Ltd Australia
    TD Waterhouse Pty Ltd Australia
    Pont Nominees Pty Ltd Australia
    Pont Securities Nominees No.2 Pty Ltd Australia
    Green Line Nominees Pty Ltd Australia
    TD Waterhouse Investor Services (Canada) Inc. Ontario, Canada
    TD Waterhouse Investor Services (Hong Kong) Inc. Ontario, Canada
    TD Waterhouse Investor Services (Hong Kong) Limited Hong Kong
    TD Waterhouse Investor Services, Inc. New York, U.S.
    TD Waterhouse Investor Services (UK) Limited England
    TD Waterhouse Investor Services (Europe) Limited England
    Share Exchange Limited England
    Sharemarket Limited England
    TD Waterhouse Nominees (Europe) Limited England
    Dealwise Limited England
    YorkSHARE Limited England
    YorkSHARE Nominees Limited England

    TD Waterhouse Pacific Ltd. Mauritius
    Tata TD Waterhouse Securities Limited India
    TD Waterhouse Securities Services (Hong Kong) Limited Hong Kong
    TD Waterhouse Sub Limited Ontario
    Tokyo-Mitsubishi TD Waterhouse Securities Co., Ltd. Japan

    EXHIBIT 21.1 Subsidiaries 10/31/1999
    ————-

    Marketware International, Inc.
    National Investor Services Corp.
    TD Waterhouse Advertising, Inc.
    TD Waterhouse Asset Management, Inc.
    TD Waterhouse Holdings (Australia) Pty Ltd.
    TD Waterhouse Investor Services Limited
    TD Waterhouse Nominees Pty Ltd.
    TD Waterhouse Pty Ltd.
    Pont Nominees Pty Ltd.
    Pont Securities Nominees No.2 Pty Ltd.
    Green Line Nominees Pty Ltd.
    TD Waterhouse Investor Services (Canada) Inc.
    TD Waterhouse Investor Services (Hong Kong) Inc.
    TD Waterhouse Investor Services (Hong Kong) Limited
    TD Waterhouse Investor Services, Inc.
    TD Waterhouse Investor Services (UK) Limited
    TD Waterhouse Investor Services (Europe) Limited
    Share Exchange Limited
    Sharemarket Limited
    TD Waterhouse Nominees (Europe) Limited
    TD Waterhouse Securities Services (Hong Kong) Limited
    TD Waterhouse Sub Limited

    EXHIBIT 21.1 SUBSIDIARIES OF TD WATERHOUSE GROUP, INC. 1999

    JURISDICTION
    NAME OF SUBSIDIARY OF INCORPORATION

    Waterhouse Securities, Inc……………………………. New York
    National Investor Services Corp……………………….. Delaware
    Waterhouse Asset Management, Inc………………………. Delaware
    Green Line Investor Services Limited…………………… Australia
    Green Line Investor Services (Hong Kong) Inc……………. Ontario, Canada
    Green Line Investor Services (Hong Kong) Limited………… Hong Kong
    Green Line Investor Services (U.K.) Limited…………….. United Kingdom
    Green Line Investor Services (Europe) Limited…………… United Kingdom
    TD Waterhouse Securities (Canada), Inc…………………. Ontario, Canada
    Marketware International, Inc…………………………. Delaware

    $1Billion Debt Securities in 2005 – TRUSTEE becomes BONY
    EXHIBIT 25.1
    FORM T-1
    SECURITIES AND EXCHANGE COMMISSION
    Washington, D.C. 20549
    STATEMENT OF ELIGIBILITY
    UNDER THE TRUST INDENTURE ACT OF 1939 OF A
    CORPORATION DESIGNATED TO ACT AS TRUSTEE
    CHECK IF AN APPLICATION TO DETERMINE
    ELIGIBILITY OF A TRUSTEE PURSUANT TO
    SECTION 305(b)(2) 
    ________________________________________
    THE BANK OF NEW YORK
    (Exact name of trustee as specified in its charter)
    New York
    13-5160382
    (State of incorporation (I.R.S. employer
    if not a U.S. national bank) identification no.)

    One Wall Street, New York, N.Y.

    10286
    (Address of principal executive offices) (Zip code)

    The Toronto-Dominion Bank
    (Exact name of obligor as specified in its charter)

    Canada

    13-5640479
    (State or other jurisdiction of (I.R.S. employer
    incorporation or organization) identification no.)

    Toronto Dominion Bank Tower

    Toronto-Dominion Centre
    Toronto, Ontario M5K 1A2, Canada (Zip code)
    (Address of principal executive offices)

    Debt Securities
    (Title of the indenture securities)

    ________________________________________

    1.
    General information. Furnish the following information as to the Trustee:

    (a)
    Name and address of each examining or supervising authority to which it is subject.

    Name
    ________________________________________ Address
    ________________________________________
    Superintendent of Banks of the State of New York One State Street, New York, N.Y. 10004-1417, and Albany, N.Y. 12223

    Federal Reserve Bank of New York

    33 Liberty Street, New York, N.Y. 10045

    Federal Deposit Insurance Corporation

    Washington, D.C. 20429

    New York Clearing House Association

    New York, New York 10005

    (b)
    Whether it is authorized to exercise corporate trust powers.
    Yes.
    2.
    Affiliations with Obligor.
    If the obligor is an affiliate of the trustee, describe each such affiliation.
    None.
    16.
    List of Exhibits.
    Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the “Act”) and 17 C.F.R. 229.10(d).
    1.
    A copy of the Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment No. 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195.)
    4.
    A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195.)
    2
    ________________________________________

    6.
    The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-106702.)
    7.
    A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority.
    3
    ________________________________________

    SIGNATURE
    Pursuant to the requirements of the Act, the Trustee, The Bank of New York, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of New York, and State of New York, on the 26th day of April, 2005.
    THE BANK OF NEW YORK

    By:
    /s/ ROBERT A. MASSIMILLO
    ________________________________________
    Name: ROBERT A. MASSIMILLO
    Title: VICE PRESIDENT

  3. Barry Fagan v Wells Fargo Bank and The Office of the Comptroller of the Currency (OCC) FOIA COVER-UP.

    http://www.scribd.com/doc/57585259/OCC-Letter-Re-Fagan-v-Wells-Fargo-Bank-Denial-of-Documents-through-FOIA

    Ten pages are being withheld by the authority of the Privacy Act of 1974, 5 U.S.C. 552a (k)(2) and the Freedom of Information Act, 5 U.S.C. 552 (b)(8) and 12 C.F.R. 4.12(b)(8), relating to a record contained in or related to an examination, operating, or condition report prepared by, or on behalf of, or for the use of, the OCC or any other agency responsible for regulating or supervising financial institutions.

  4. PENDING LAWSUIT
    Standard strategic move when purusing chain of title. There must be a ‘playbook’ issued by the TRUSTEE’s to follow mapping all civil procedure what to do next, and when the court is not aligned with banks they switch counsel so at the end when the protective order released they will produce the falsifed documents from third party having already forced motion to dismiss under protective order claiming that the opposition is abusing the court seeking evidence they don’t have unless they introduce a third party. The judge ordered last chance, and they don’t satisfy court, and when the opposition moves for motion to dismiss with summary judgment they will what? PUNT? No introduce third party documents recreated claiming the documents were found. Clearly as Lynn S. describes and again played on 60 minutes last night.

  5. DEAR CHRISTINE

    INVOKE FIRST AMENDMENT RIGHT
    PETITION TO REDRESS GREIVANCES

    OCC VISTORIAL POWERS PREVENT ATTORNEY GENERAL’S WITH JURISDICTION OVER ALLEGED UNLAWFUL BUSINESS ACTS TO SECURE EVIDENCE.

    BLACK & WHITE KNIGHTS IN POSITION – ‘CHECK MATE’

    LAST MOVE …

  6. REQUEST FOR PRODUCTION #9 “NEED PROTECTIVE ORDER”

    SEEKING A PROTECTIVE ORDER FOR DOCUMENTS THAT ALLEGEDLY DO NOT EXIST IS AN OXYMORON!

    An oxymoron (plural oxymorons or oxymora) (from Greek ὀξύμωρον, “sharp dull”) is a figure of speech that combines contradictory terms.

  7. I’m not sure what we’re supposed to see based on the linked documents. They appear to deny it was part of a securitzation. But I didn’t see the smoking gun proving that it was and that they were in fact lying. What am I missing?

  8. But the day after Obama was bragging about 80 million in his re-election coffers, Elizabeth Warren was “done” as head of the Consumer Protection Agency, with little explanation or fanfare. Seems to me just two days before, she made a statement that the U.S. Government was not delving into the foreclosure fraud as much as they should, then she was toast.

    Most of the blood money earned from the fraudulent foreclosures ends up in the pocket of Fannie Mae, meaning the U.S. Treasury. In my view, the Federal Government are really the culprits behind the foreclosure crimes, hiding behind the banksters each step of the way.

  9. WHERE ARE THE G** D*** WHISTLEBLOWERS??? ALL THESE PEOPLE INVOLVED IN ALL THIS CRAP AND NONE OF THEM HAVE AN OUNCE OF HUMAN DECENCY???

    Oh, whoops, I forgot…when they tell the “powers that be” what they know, they are ignored…or told, “Thanks, we’re working on it…”

    Because the REAL, TOTAL FRAUD is so incredible, that it would mean total economic collapse—they think—so they continue to obfuscate and lie…but they can’t do that forever…

  10. Write to your AG. Here are my letters to mine. Cerner your AG with hard questions and force him/her to take a stand NOW. Half the victory is in the action. Better ask for a lot from our public servants and get half of it than ask for nothing… and get all of it!!!

    Dear Attorney General DeWine,

    Thank you for your August 1st e-mail answer. I am afraid, however, that it completely fails to clarify your intentions with respect to the horrendous bank and mortgage fraud committed on this country and your plan of action toward redress, on behalf of the Ohioan people. It is, in fact, so vague that a believer in our American Constitution and sense of justice would feel as justifiably insulted by it as I was. Mr. DeWine: I chose America as my country of adoption and Ohio and my adoptive state. I sincerely hope that neither was a mistake. To a large extent, you have the ability to help me decide how and where I wish my taxes to be spent. You also have the ability to make Ohioans decide how long you will remain in office. Please, do not make us regret our choice.

    Recently, we have read or heard about your efforts toward curtailing Medicaid and Medicare fraud and it is my understanding that your office was able to prosecute a number of individuals and recover over 103 million dollars since taking office. While I congratulate you for it, I am also deeply concerned that your efforts are completely misdirected and amount to little more than a drop in a bucket in today’s economic climate. Mr. DeWine, and with all due respect, Medicaid and Medicare frauds have existed since the implementation of both programs, decades ago. While I do not condone fraud in any shape or form, neither has, to my knowledge, ever brought our country down to its knees as a whole nor caused people to lose jobs, houses, hope and, all too often in the past years, their lives. Neither has ever caused the level of hunger and homelessness recorded in this country since 2006 and… neither has ever resulted in the biggest economic crisis since 1929. Neither has ever caused the dramatic increase in violent crimes we have seen in the past years in Columbus, Cleveland, Cincinnati and other large cities. Neither has ever left people as exposed and destitute.

    As everyone of us, you have read that Attorneys Generals Schneiderman (NY), Harris (CA), Coakley (MA) and a few others have taken a strong stand against the banks, who literally destroyed the entire fabric of our country and of our financial systems and are at the origin of the enormous debt our children and grand children will have to carry and repay for decades to come. When you took office a year ago, we, Ohioans seriously victimized by mortgage banks and servicers abuses (6th state most affected by mortgage fraud and foreclosures), hoped and dreamed that you would follow Richard Cordray’s footsteps and tackle, heads on, the problem with the same crusading spirit as your predecessor and current counterparts. Yet, you have remained remarkably silent on the issue… I cannot find any media article in which you even broached it and I find it extremely worrisome. You e-mail answer to my inquiry remained extremely vague and non-committal as to your investigation and prosecution efforts.

    It has become patently obvious to me, in view of your year-long track record and the lack of any mention on your part of the foreclosure and mortgage crisis, that you do not consider it as the primary –and possibly the exclusive- origin of America’s current financial crisis. Under the circumstances, you make it very difficult for Ohioans not to question your motives and your sincerity.
    Mr. DeWine, America’s is owed over 7 trillion by banks and mortgage servicers in the form of federal, state and county revenues. 7 trillion! I have yet to find statistics and hard numbers concerning the damages caused to Ohio but I would be willing to venture that they exceed 103 millions by a factor of 10, if not even 100.

    As your constituent, I ask that you publicly join the ranks of the above named Attorney General and make the commitment to all Ohioans to investigate and prosecute bank fraud and illegal foreclosures in our state with as much dedication and vigor as Mr. Cordray displayed during. The urgency of the situation demands that you cross party lines, ignore special interests of the large banks settled in our state and fight, purely in the name of justice for all. Now is the time for drastic and unyielding action.
    In your capacity, please take it now. Thank you.
    Respectfully,

    Christine

    —–Original Message—–
    From: Constituent Services
    To: cmarais3@aol.com
    Sent: Mon, Aug 1, 2011 10:55 am
    Subject: General Help

    August 1, 2011

    Dear Christine,
    Thank you for contacting me regarding foreclosure fraud.
    I am committed to protecting Ohio families. I am very concerned about foreclosure fraud and its impact on Ohioans. I am actively looking into appropriate remedies.
    Across the board, the office is working on all fronts to fight consumer fraud. Specifically, I am increasing the office’s focus on criminal prosecutions of consumer fraud.
    Again, thank you for contacting me. If my office can ever be of assistance to you in the future, feel free to contact us.

    Very respectfully yours,

    MIKE DEWINE
    Ohio Attorney General

    —–Original Message—–
    It is my understanding that AGs of all 50 states are currently negotiating a settlement with the banks responsible for the economic crisis through breach of law, fraud, irresponsible lending, misrepresentations, etc. all punishable by law.
    It is also my understanding that the 20 billion mentioned for the past weeks would be subject to immunity and that legal pursuits would not be undertaken against the culpits.
    This is absolutely unacceptable. As a homeowner who was conned into a refinancing by unscrupulous lenders and who suffered for the past three years with fraudulent fees, threats of foreclosure, violation after violation of legal statutes by the servicer, I can attest that 3 years of my life were stolen by the bank.
    Mr. DeVine, I understand that your political career is important to you. Please understand that, without people to elect you, your political career will not survive. You were elcted to defend Ohioans from the abused they were subjected to and to redress the many wrongs committed. I intend to see public servants I elect fulfill their mandate and comply with the description of the position.
    Please do not, under any circumstance, allow a 20 billion settlement (largely insufficient to redress all the wrons mentionned above) be conditional to immunity of banks officers and directors who spent the greater part of the past 15 years enriching themselves at the expense of our middle-class and literally destroyed our contry.
    Thank you in advance.

  11. Nancy Drewe…
    “Networked affilliates?” Try the very same company!
    Fidelity National; my so called Title Company that dodged all inquiries from loan inception IS ‘processor of default doc forgeries.’ Became Fidelity Info Servs to LPS/Doc x. All the way to backdated robo signer Kevin Jackson.”, former software support pion for risk mgmt software Portfolio Solutions. Who needs to network a flippin thing when you start out with all you need including prep of loan app, inflated apprasal
    Additional accurate point is OF COURSE not part of official records of network participants. How could they double fund without adding to trust vehicle, collect insurance, report a refi as a foreclosure and then flipping it back to themselves hidden under cdo & swap agreements, RE-sell an unGodly & yet unknown number of times then allgedly somehow aquire the deed on sale foreclosure via supposed ‘bona fide buyer. (did I mention the credit bid??) Seriously? …and as a not quite final insult to injury, actually be covering for (with a few well placed abeit untimely trustees behind the curtain) the deceitful servicer (foreclosure facilitator, in reality) who kindly helped with HAMP starting with the requirement to STOP making pmnts.
    If I hadnt seen it with my own eyes I would order a brain scan for myself for dreaming up this b.s. Truly boggles ones mind.
    K n Cali

  12. It did however get me out on my ass of my home of 35 years. Although Ocwen continually pled ignorance of bogis charges, incorrect/incomplete pmnt histories, OWNERSHIP, & “dancing ball” date of ownership/transfer date, they are also the new owner via “Altisource Solutions”

    SEC filing goes so far as contemplating the potential risk of lawsuit for the obvious,’conflict of interest’.

    Duh. Nothing like participating in financial sodomy that plays like Saturday morning CARTOONS!
    Cali Rocket Docket
    Kimmi n Cali

  13. MERS’ R.K. Arnold was named in a suit filed 7/31/11 – 11-16831 9th circuit CA. I haven’t been able to read it. First time I’ve seen this. Don’t know why they left out Hultman. Also names ALS and its president. Wonder who’s paying. I think MERS’ members have to pay for lit against MERS, but that may not include its officers.

  14. The banksters are organized and all their network attorneys are privy to all the same tactical missives paid for by God knows who. The homeowners’ attorneys have no such organization and each struggles to find his own leg to stand on. As far as I know, there is not even
    consensus among them (or us) of the true ownership of these notes and their collateral instruments, even assuming all relevant endorsements were done, etc. As Mr. G points out, the banksters continue to have way too much wiggle room in their postures (just like MERS did: nominee one day, agent next, beneficiary another.)

  15. Neil ,,

    If Mr. Fagan’s loan is # 0159496462 , 0159077064 or 0159810431 it is listed in the 07/25/2011 remittance report as delinquent (and probably other prior reports) ,, the 3 loans I listed were all California loans with an original principal balance of EXACTLY $1M

    http://www.ctslink.com/SeriesDocument.do?Selector=SeriesDocgroup%2CPERIODICRPT%2CMBS%2CWFMBS%2C200707

  16. John Anderson ,

    I’ll give him credit for that ,, but I see it more as him not wanting to anger the voters ,, on 09/30/2010 he still thought he could pull out some house victories.

    The fraudulent credit card donations (identity thieves used donations to his campaign , knowing the transactions were not checked for matching addresses or names, as a cheap quick and easy way to see if a given card number was valid) ,, the other group of “donors” were from countries hostile to us and our interests ,, the PLO had huge operations set up where donations were procedded 24*7.

  17. It’s official. Now living out of a storage unit. The US Congress insures that if you are not homeless, then you will soon become homeless. A-man and Anonymous please stay in touch…

  18. The mortgages are not even secured mortgages, they are unsecured debt that iis timebarred by the three year statute in Washington state. Look up what the time bar is in your state.

  19. Alessandro Machi,
    Give Obama credit for pocket vetoing the Interstate Notary Act, that was voted on in secret “no one knows who voted for or against it” and passed both houses.
    If he had signed that, many, many more people would have been on the street.

  20. What will it take to have Judges actually require evidence?
    the cusip # to the case .

  21. Originator is ‘Mortgage Broker’
    What’s Broker?
    Wells Fargo Home Mortgage storefront ‘mortgage brokers’ ordered the integrated network of affiliated attorneys, title and settlement agents, closing agents. Wells Fargo Home Mortgage a division of Wells Fargo Bank NA ‘mortgage brokers’ instructs which ‘Lender as Underwriter name to place inside the Title Policy’, and amount of the loan, and Service the secondary loans issued in the name of a third party resold at retail during origiantion as the Servicer, when the consumer as borrower signs the ‘mortgage’ and ‘deed of trust’ for the many loans, refinances, etc.

    Corporate Name: Wells Fargo as Trustee
    Address: 1015 SE 10 Street
    City,State,Zip: Minneapolis, MN 55114
    Toll Free Number:
    Direct Number: (999) 999-9999
    Fax Number: (999) 999-9999
    Primary Contact: Gretel Meier
    Website:
    Member Org ID: 1000105
    Lines Of Business: Investor, Trustee
    eRegistry Participant: No
    eDelivery Participant: No

    Notice that Wells Fargo Bank NA Doc Custody eLending is same address and are responsible for eRegistry and eDelivery is an eLender.

    ELENDING
    Corporate Name: Wells Fargo Bank NA Doc Custody eLending
    Address: 1015 10th Avenue SE
    City,State,Zip: Minneapolis, MN 55414
    Toll Free Number:
    Direct Number: (612) 667-1117
    Fax Number: (612) 667-1068
    Primary Contact: Rita Juda
    Website: http://www.wellsfargo.com
    Member Org ID: 1010074
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Again same address for Document Custodian of Wells Fargo Home Mortgage eRegistry but not eDelivery significant – direction of documents one way in.

    Corporate Name: Wells Fargo Mortgage Document Custody
    Address: 1015 SE 10th Street
    City,State,Zip: Minneapolis, MN 55114
    Toll Free Number:
    Direct Number: (612) 667-1117
    Fax Number: (612) 667-1068
    Primary Contact: Todd K. Johnson
    Website:
    Member Org ID: 1000573
    Lines Of Business: Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: No

    Now during Originations the Closing Agents of Wells Fargo Funding Inc. Correspondent eLending did ORDER nationwide the settlement agents and did order the escrow for the retail transactions payable in the name of the individual settlement agent in which that agent had an account in the corporate treasury services of Wells Fargo Asset Securities Corp in Frederick MD in which ESCROW funds were drawn from the treasury of the Seller and the deposits came in form of a Cashier’s Check or wire transfer from an unrelated third party, whose credit lines were used for the table funded loans.

    eLENDING:
    Corporate Name: Wells Fargo Funding Inc Correspondent eLending
    Address: Sixth & Marquette
    City,State,Zip: Minneapolis, MN 55479
    Toll Free Number: (100) 328-5074
    Direct Number: (800) 328-5074
    Fax Number: (800) 328-5074
    Primary Contact: Robin Hannah
    Website: http://www.wellsfargo.com
    Member Org ID: 1010064
    Lines Of Business: Investor
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    And what has GMAC-RFC, Norwest got to do with ‘TRUSTEE” and Wells FArgo and Wilminton Trust Co? Wells Fargo Bank NA took over GMAC as trustee of Indenture 1998. Good reason why over 25,837 transactions are recorded in name of Norwest Asset Sec….1998-1 Trust for Registrant Norwest Minneapolis Bank, NA including this very month are responsible for the ‘distributions of the trust funds investors monies.

    Including ALS – Wilmington Trust Co (ALS) = Aurora Loan Services

    Chase Manhattan Mortgage Corp
    When is GMAC Mortgage of Iowa and GMAC Mortgage of PA also GMAC Mortgage Corp, GMAC Specialized Services, also Wells Fargo Bank NA when its not Investor or Trustee. See Gretel Meier’s transacton record above. They’ve removed the website and phone#’s, but they forgot to remove the Primary Contact. And Gretel would not – was not – is not involved in eRegistry or eDelivery. Now the attorney’s who are closign agents part of the nationwide network use eLynx which is integrated with eDelivery. You see GMAC below, they are eDelivery and eParticipant and also are in other records an intermediary funder, etc.

    Corporate Name: GMAC Mortgage, LLC
    Address: 3451 Hammond Ave Mail Code 507-345-186
    City,State,Zip: Waterloo, IA 50702
    Toll Free Number: (800) 766-4622
    Direct Number: (800) 766-4622
    Fax Number: (999) 999-9999
    Primary Contact: GMAC MERS Dept.
    Website: http://www.gmacmortgage.com
    Member Org ID: 1000375
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    In testimony of RK Arnold before house, RKArnold states in footnotes that Wells and JPM don’g record their own retail transactions. Is that because they don’t trade them? Or they are done in other names? Or they record in their correspondent lending system which is integrated with MERS Members transactions, like eLynx, TD Services, LPS, etc.

    Corporate Name: JPMorgan Chase Bank, National Association (fka Chase)
    Address: 780 Kansas Lane Suite A
    City,State,Zip: Monroe, LA 71203
    Toll Free Number: (800) 526-2406
    Direct Number: (800) 526-2406
    Fax Number: (318) 550-3334
    Primary Contact: Rachel Pylant
    Website: http://chaseonline.chase.com/chaseonline/logon/sso_logon.jsp
    Member Org ID: 1000277
    Lines Of Business: Originator, Servicer, Subservicer, Interim Funder, Investor, Document Custodian
    eRegistry Participant: No
    eDelivery Participant: No

    Who was the Mortgage Bankers Finance Group, as Mortgage Bankers an owner with Freddie Mac. And interesting, an Interim Funder who does participate eRegistry and eDelivery

    Corporate Name: Wells Fargo Bank NA – Mortgage Banker Finance Group
    Address: 2500 Northwinds Parkway Suite 200
    City,State,Zip: Alpharetta, GA 30009
    Toll Free Number: (800) 753-7765
    Direct Number: (678) 867-1078
    Fax Number: (678) 893-0522
    Primary Contact: Kelly Kucsma
    Website:
    Member Org ID: 1006404
    Lines Of Business: Interim Funder
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Secondary loans that Underwriters during Origination approved (95% maximum per Indenture and Trustee Agreement with Wilmington Trust Co when Wells Fargo Bank NA Trustee, were also resold during Origination by MEMBERS at RETAIL and those transactions serviced by Wells Fargo Home Mortgage a Division of Wells Fargo Bank NA serviced the ‘Retail’ transactions but disclaim any ownership of the sale (aginst the bank secrecy act to sell a loan twice or Wells Fargo would have to claim the profit and the property could or could not? be part of the 1031 property exchange? Handled by the Closing Agents and Correpsondent Lending division of Wells Fargo Bank NA.

    S E R V I C E R
    Corporate Name: Wells Fargo Home Mortgage a Division of Wells Fargo Bank NA
    Address: 2701 Wells Fargo Way x9998-012
    City,State,Zip: Minneapolis, MN 55467-8000
    Toll Free Number: (800) 288-3212
    Direct Number: (651) 605-3711
    Fax Number: (952) 562-0980
    Primary Contact: Masse Adjetey
    Website: http://www.wellsfargo.com/per/mortgage/mg_overview.jhtml
    Member Org ID: 1000113
    Lines Of Business: Originator, Third Party Originators, Servicer, Subservicer, Interim Funder, Investor, Document Custodian, MERS 1-2-3
    eRegistry Participant: Yes
    eDelivery Participant: No

    Wells Fargo ‘Email physical address’ of ‘mortgage brokers’, sales adminis, sales managers, inside nationwide ‘storefronts’ all employees of Wells Fargo Bank NA since June 2004 in all 50 states.

    Corporate Name: Wells Fargo Home Mortgage
    Address: 2701 Wells Fargo Way X9998-012
    City,State,Zip: Minneapolis, MN 55467
    Toll Free Number:
    Direct Number: (651) 605-3711
    Fax Number: (952) 562-0980
    Primary Contact: Masse Adjetey
    Website:
    Member Org ID: 1005298
    Lines Of Business: Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Corporate Name: Wells Fargo Bank NA Doc Custody eLending
    Address: 1015 10th Avenue SE
    City,State,Zip: Minneapolis, MN 55414
    Toll Free Number:
    Direct Number: (612) 667-1117
    Fax Number: (612) 667-1068
    Primary Contact: Rita Juda
    Website: http://www.wellsfargo.com
    Member Org ID: 1010074
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Can’t have Federal Savings Bank as purchaser of real estate assets be process transactions of a national bank and for the good readon Wells Fargo Bank NA fka Wachovia Mtg FSB at the correspondent lending address does not particpate in eRegistry or eDelivery – all the Wachovia mortgages being serviced were integrated into Wells Fargo Home Mortgage systems by July 2009.

    Corporate Name: Wells Fargo Bank, NA fka Wachovia Mtg FSB
    Address: 2701 Wells Fargo Way x9998-012
    City,State,Zip: Minneapolis, MN 55467-8000
    Toll Free Number: (800) 288-3212
    Direct Number: (651) 605-3711
    Fax Number: (651) 605-7381
    Primary Contact: Thresa Russell
    Website: http://www.wellsfargo.com/per/mortgage/mg_overview.jhtml
    Member Org ID: 1006487
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: No
    eDelivery Participant: No

    Why were the secondary loans put into the first lien position on the homeowners policy using the amount approved by the Underwriters and not the amoutn the real Retail loan was issued for?

  22. What will it take to have Judges actually require evidence?
    Find the cusip # for the case @ bar , inform the judge you have found the case listed as a security, NOW WHAT?!

  23. I interpret this article as being another way of saying that in 2007-2008 Hillary Clinton fell out of favor with Wall Street, the uber billionaires, and the top of the democratic party political machine, most likely because she was not just going to let the bankers crap on the american people over the homeowner mortgage crisis.

    However, Barack Obama was perfectly happy to accommodate Wall Street and the bankers. Obama actually accepted pre-paid credit card donations with no verifiable name on the cards whereas Hillary Clinton and John McCain DID NOT!

    The one thing that Barack Obama has managed to do that is blowing my mind is the consumer financial protection agency.

  24. Wells Fargo Bank NA ‘Trustee’ from MERS as listed on Linkedin:

    Cached on Google Jun 9, 2011 12:39:52 GMT. The current page could have changed n the meantime.

    Google search Gretel Meier Wells Fargo’ will provide Linkedin link, click on cached.

    Financial Services profesional with client services and operations expertise. Volunteer Guardian Ad Litem.

    Location – Greater Minneapolis-St. Paul Area
    Industry – Banking
    Gretel Meier’s Overview

    Current
    •Structured Finance Transaction Manager at
    Wells Fargo Home Mortgage
    Past (hmmmm…)
    •VP at Wells Fargo
    •VP at ResCap
    •VP at US Bancorp

    Litigation Paralegal at Best & Flanagan Litigation Paralegal at Briggs and Morgan, Attorneys At Law see less…

    see all…
    Education •University of Saint Thomas
    •Winona State University
    Recommendations 3 people have recommended Gretel

    Connections 199 connections

    Gretel Meier’s Summary

    Results oriented, successful in managing client services, business partners, vendor development, promoting product development through project management, and managing culturally diverse groups and large operations sites. Collaborative leader known for ability to visualize long-range goals and manage the details necessary to ensure a quality end product and service. Resourceful problem solver with the skills to understand business and client needs, and provide strategic planning.

    Gretel Meier’s Experience

    Structured Finance Transaction Manager Wells Fargo Home Mortgage

    Public Company; 10,001+ employees; WFC; Banking industry

    September 2010 – Present (10 months)

    VP Wells Fargo

    Public Company; WFC; Financial Services industry

    1994 – September 2009 (15 years)

    Area Operations Manager of 200 team Document Custody business with 5 locations, Client Services Manager leading Institutional Trust and Custody team of 100 in delivery of accounting, custody, financial and investment reporting with budget of $10M.

    Project manager and Product Development in areas of reverse mortgage trustee services, hedge fund administration, and covered bond services. Contracts and Vendor Manager.

    VP ResCap
    Public Company; 10,001+ employees; Financial Services industry

    June 1994 – July 1995 (1 year 2 months)

    Structured Finance Manager responsible for negotiating contractual terms of residential mortgage securities, private and publically placed.

    VP US Bancorp
    Public Company; 10,001+ employees; USB; Banking industry

    June 1984 – June 1994 (10 years 1 month)

    Secondary Market Manager and Securities Delivery Manager responsible for managing the Bank’s REMIC program, including SEC Shelf Registration and all private placements.

    Developed, directed and managed systems, contractors, procedures, and risk across company lines to successfully issue securities. Implemented national underwriting program to facilitate sales of loans into secondary market, developed information systems for data provided to investors.

    Other history included criminal law, securities, anti-trust, etc. Wells rounded to know as a MERS ‘Officer’ of Structured Finance ….

    Gretel Meier’s Additional Information
    Groups and Associations:Financial Women International, Chair Cooper High School International Baccalaureate Program, Friends of the Golden Valley Library Association, Volunteer Greater Twin Cities Youth Symphony

    American Securitization Forum Members DISTRESSED MORTGAGES Distressed Asset: Buyers and Sellers Distressed Assets Network Financial Services Career Center™ GMAC ResCapped Network NumberWorks Structured Finance The Future of Securitisation Trust & Custody Network US Bancorp Employees and Alumni Wells Fargo Alumni Wells Fargo Teammates & Alumni Winona State University Graduates Gretel Meier’s Contact Settings
    Gretel Meier is not currently open to receiving Introductions or InMail™.

  25. #4. listed below on point. We must understand the transactions in order to understand the loopholes.

    Please read RK Arnold’s footnotes from perhaps omitted from testimony for House Committe on Banking, Housing and Urban Affirs. It’s all in the details, the facts about the transactions.

    Read between the lines. MERS used to track sales agreements that were traded and not recorded with County Clerks and County Recorders to force ‘New Word 21st Century’ to use eNotes.

    Nationwide network integrated real legal documents, and real transactions of many different affiliations like banker attorney’s, ALTA, Service Link, Core-Logic, LPS/DocX, TD Services dba TD Escrow Services who is integrated with MERS, etc.

    Can you visualize the ‘transactions’ recorded and those not recorded? Particular MEMBERS could not receive eNotes. Reason? They did not want to have eDelivery? Yet they will be on a detached allonge lising 5 business entities in 5 different states whosese detached allonge lists transactions executed same date the borrower signed their ‘mortgage note promissory note’ and ‘deed of trust’ and then how is that possible? You know all of those ‘Corporate Officers’ and notaries, POA’s all signing on the same day selling the ‘Note’ and Purchasing the serviving rights? To the TRUSTEE like Wells Fargo Bank NA clearly Wilminton Trust Co. since 1998.

    Click and learn.

    MERS MEMBERS SERARCH. Leave blank and all the names come up. But the MERS Member names are not legal business names and can be ALS – Wilmington Trust Co who is Wells Fargo Bank NA TRUSTEE!

    All need to understand and picture the transactions that harmed you creating clouded titles in which the Originator’s Underwriter and the aggregator’s securitizer underwriters proceeded full-spped ahead clouding the titles allowing anybody to claim they have ‘standing.’

    eDelivery and eParticipant, look at the integrate dcloud of TD Services dba TD Escrow Services networked directly with Fidelity and MERS, etc.

    Why look at the footnotes? If you were going to downplay the dirty laundery you’d cover your ‘_ _ _’ that you did not omit facts. What is in the footnotes important. I don’t know if the testimony incorporates the ‘footnotes’? Nor if the representatives then had a real understanding of the facts when they listened to the testimony without understanding of a MERS RECORD, Lines of Business, definiations of the 2003 data records, etc.

    1 MERSCORP, Inc. is structured as a privately held stock company. Its principal owners are the Mortgage Bankers Association, Fannie Mae, Freddie Mac, Bank of America, Chase, HSBC, CitiMortgage, GMAC, American Land Title Association, and Wells Fargo. MERS is headquartered in Reston VA.

    2 Members tend to register only loans they plan to sell. Wells Fargo and JP Morgan Chase are the principal members in this regard. They service most of the loans they originate themselves, so registering their retail business on the MERS® System is of less practical value to them. However, when these institutions purchase loans from others, known as their correspondent business, they do require that those loans be registered on the MERS® System.

    3 MERS makes its money through an annual membership fee (ranging from $264 to $7,500) based on organizational size, and through loan registration and servicing transfer fees. MERS charges a one-time $6.95 fee to register a loan and have Mortgage Electronic Registration Systems, Inc. serve as the common agent (mortgagee) in the land records. For loans where Mortgage Electronic Registration Systems, Inc. will not act as the mortgagee, there is only a small one-time registration fee ($0.97). This is known as an iRegistration. Transactional fees (ranging from $1.00 to $7.95) are charged to update the database when servicing rights on the loan are sold from one member to another.

    4 The originating lender may be the servicer in some cases.

    5 A copy of a sample mortgage document can be found in Attachment One. A short summary of MERS prepared by the Mortgage Bankers Association can be found in Attachment Two.

    6 This action tells the world that there is a lien against the property. This is done to protect the lender’s interest. The recording of the mortgage puts future purchasers on notice of any outstanding claims against the property.

    7 The promissory note is not (and never has been) recorded or stored with the county land records office. The note is a negotiable instrument that can be bought and sold by endorsement and delivery from the seller to the note purchaser. This activity is governed in all fifty states by the Uniform Commercial Code (UCC) Article 3.

    8 The MERS® System is the database; MERSCORP, Inc is the operating company that owns the database; and Mortgage Electronic Registration Systems, Inc (“MERS”) a subsidiary of MERSCORP, Inc., which serves as mortgagee in the land records for loans registered on the MERS® System. For discussion purposes, “MERS” may be used in this testimony to refer to all three entities unless specifically stated otherwise.

    9 The design of the MERS® System always anticipated and required that borrowers would be able to access the system to determine the servicer of their loans. Providing such information to MERS is a requirement of membership and loan registration.

    When Congress acted last year to require that borrowers be told when their note is sold and the identity of the new note-owner,

    MERS established, within a matter of weeks, a new service called Investor ID. Of the 3,000 members of MERS, 97% agreed to disclose the identity of the note-owner through the MERS® System. Fannie Mae opted to be disclosed. Freddie Mac chose not
    to be disclosed.

    10 The issue of whether transfers of residential mortgage loans made in connection with securitizations are sufficient to transfer title and foreclosure rights is the subject of a “View Point” article entitled “Title Transfer Law 101” by Karen Gelernt that appeared in the October 19, 2010 edition of the American Banker. A copy can be found in Attachment Three.

    11 A 1993, 36-page white paper entitled “Whole Loan Book Entry Concept for the Mortgage Finance Industry” addresses the concepts underlying MERS and the problems it was designed to address. It is available upon request.

    12 The essential elements of the legal principles underlying MERS can be found in “MERS Under Attack: Perspective on Recent Decisions from Kansas and Minnesota,” an article by Barkley and Barbara Clark in the February 2010 edition of Clark’s Secured Transactions Monthly. A copy of this article can be found in Attachment Four.

    13 On loans originated by correspondent lenders or brokers (where MERS is not the mortgagee), the costs of preparing assignments and the associated filing fees are listed on the HUD-1 and paid directly by the borrower.

    14 Individual states handle real estate foreclosures differently. In some states the foreclosure process is judicial, and in some states it is non-judicial. Under both systems, time frames and terms vary widely from state to state. A brief, general, description of both processes prepared by the Mortgage Bankers Association can be found in Attachment Five.

    15 Some important recent cases upholding the rights of MERS include:

    16 A review of the use of MERS in all fifty states was done by Covington and Burling in 1996 and 1997 as part of the due diligence associated with the creation of MERS. It is available upon request.

    Read: MERS President and CEO R.K.Arnold Appears Before Senate:
    MERS President and CEO R.K. Arnold Appears Before U.S. Senate

    Washington, D.C., Nov. 16—R.K. Arnold, president and CEO of MERSCORP, Inc., testified today before the United States Senate Committee on Banking, Housing and Urban Affairs

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