Livinglies's Weblog

Most of the questions I get come from lawyers and homeowners who are totally confused by the array of names of companies that appear, disappeared and replaced by lawyers operating under instructions from command central — a group of lawyers who oversee the foreclosures of loans claimed to be securitized. They are the ones who give the orders to “servicers” and “foreclosure mills.”

The goal is to force the sale of homes and obtain the proceeds of sale for the benefit and account of a stockbroker who initiated a scheme of “securitization.”

Everything that happens in correspondence, statements and enforcement actions is specifically designed to make lawyers, homeowners and judges think that is not the case. Everything is designed to create the false impression that the parties involved have every legal right to originate, process and enforce residential loans when in fact no such authority exists.

The foreclosure process is just one step in many that results in unconscionable profits, fees and commissions distributed to a multitude of players whose livelihood depends upon successfully duping the courts into allowing foreclosure despite the fact that the money from the forced sale will never be paid to the investors who paid for the debt.

One such question came in from a reader regarding BONY Mellon as trustee of a supposedly REMIC trust. As with all things in the era of securitization fail (see Adam Levitin) even that is false. An entity that does not serve as a pass through vehicle for payment of principal and interest on residential loans is not a Real Estate Mortgage Investment Conduit — so it isn’t a REMIC. A name that includes the word “trust” in it without a trust agreement in which something is entrusted to the “trustee” is not a trust.

So BONY Mellon is simply renting its name out for use by stockbrokers who call themselves “investment banks” in order to create the illusion of an institutional loan when nothing could be further from the truth. With only a few exceptions the same statement applies to all entities named as “trustees” of “REMIC” “trusts”.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Here is my reply to the reader:

They are playing a shell game and that is  what you should say:

• None of the BONY Mellon entities ever owned or paid for the debt, note or mortgage.
• None of the BONY Mellon entities ever served as trustee for the benefit of certificate holders
• None of the certificate holders ever received a conveyance of ownership in the debt, note or mortgage. The assignment is always void (see below).
• None of the certificate holders hold any equitable interest in the debt, note or mortgage because they expressly waived any such interest.
• None of the BONY Mellon entities ever received your loan to hold in trust for anyone.
• The assignment of bare naked title without the debt is a legal nullity. The trust agreement says that BONY holds bare naked legal title for the investment bank, but it does not have legal title because the debt was not also transferred.
• The appearance and disappearance of technical legal entities occurs for the sole purpose of creating the illusion of business transactions that never occurred.
• None of the BONY Mellon entities will ever receive the proceeds of a forced sale of property in this case.
• None of the BONY Mellon entities have ever received the proceeds of forced sale of any property related to the subject “trust” or trust name.

Filed under: burden of persuasion, burden of pleading, BURDEN OF PROOF, evidence, Fabrication of documents, foreclosure, Investor, originator, sham transactions, TRUST BENEFICIARIES | Tagged: Bank of America, BoNY-MELLON, certificate holders, HSBC, investors, shell game, U.S. Bank |