The Farce of Wilmington Trust — a name without a body

As most people who have litigated in cases where Wilmington trust ids named it is a front or curtain behind which multiple players hide while they play games making the terrain as difficult as possible to navigate. That is to say, there is no claimant and there is no debt and nobody takes responsibility or admits to anything and disclaims any knowledge or duty to know the accuracy of what anyone says about any loan, debt, note, mortgage, obligation or anything else.

So here is the wording from one contract I found involving Wilmington:

It is expressly understood and agreed by the parties hereto that (a) this Amendment is executed and delivered by Wilmington Trust, National Association, not individually or personally, but solely as Owner Trustee of the Issuer under the Trust Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Issuer is made and intended not as a personal representation, undertaking and agreement by Wilmington Trust, National Association but is made and intended for the purpose of binding only the Issuer, (c) nothing herein contained shall be construed as creating any liability on Wilmington Trust, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (d) Wilmington Trust, National Association has made no investigation as to the accuracy or completeness of any representations or warranties made by the Issuer in this Amendment and (e) under no circumstances shall Wilmington Trust, National Association be personally liable for the payment of any indebtedness or expenses of the Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Issuer under this Amendment or the other Transaction Documents.

11 Responses

  1. Bob G,

    No, sir.

    ELoan, Popular Mortgage, Countrywide, BoA, JP Morgan Chase, CitiGroup, Wilmington Trust/Christiana/Pretium

    PHH Mortgage, Fay Servicing, Selene Finance

    Albertelli Law, Phelan Hallinan LP, Burr Forman P.A.

    All Star Lineup!

  2. @ STILL FIGHTING…is Wells Fargo involved in this in any way?

  3. Bob G,

    Sorry… It is PRETIUM MORTGAGE ACQUISITION TRUST.

    We are battling in Florida.

    Thank you for your time!

  4. @Still Fighting…pay attention. I’m asking you what trust is suing you, not what trustee. Wilmington Savings Fund Society FSB d/b/a Christiana Trust is the trustee…N.S. Sherlock, but WHAT IS THE ACTUAL TRUST? I really don’t have time to screw around with this. If you want some help, then answer the question that I specifically asked you.

  5. Hey Bob G,
    It is Wilmington Savings Fund Society FSB d/b/a Christiana Trust.

    Hey Anon,
    Thank you for your reply. I am not super smart, so I still don’t understand how law firms and lawyers are not liable as co-conspirators, if they are knowingly participating in the fraud. Can you clarify simply for a layman?

    Thank you all! This is the best community of families looking for truth!

    My family is going to win! God’s plan, with the help of my awesome attorney, and the incredible help of Neil Garfield and Bill Paatalo!

  6. A couple executives of Wilmington Trust went to jail for hiding 3-400 million in bad loans, prior to a merger with another bank (BB&T?), I don’t remember exactly-
    Earlier , Wilmington Trust has purchased Christiana Bank and Trust ( PA) who were involved in this whole scheme. At one point it was stated in court docs that Wilmington Trust had “lost” over 6000 loans.
    Christiana Bank and Trust was the alleged holder of my note according to SN Servicing, w Wells Fraudgo as Trustee. The address of the Trust was a 2nd address for SN Servicing, rather than the proper address in either Baltimore or Annapolis , as I recall. I suspect that my “loan” was one of the 6000 loans reported as lost. Convenient-

  7. @STILL FIGHTING…What Wilmington trust are you up against, and where is the action pending?

  8. Good question Still Fighting, and there is an answer.

    Bob G — I have seen these trusts where it says “owner trustee.” Helped provided research for someone recently. These trusts are not the trusts you see recorded on SEC website — traditional trusts (REMIC – or claimed REMIC – none of which were formed properly) – with a traditional role for the trustee as legal holder. These Wilmington trusts are different, they are registered as a business trust usually in Delaware Usually, the “owner trustee” is no where to be found in foreclosure – the indenture trustee is named. This is particularly important in the descriptive distinction between a traditional trust and business trust (including a REIT) by the U.S. Supreme Court in Americold and Navarro cases. A business trust operates for profit by buying and selling loans — you will not find a PSA available, and will not likely not find whether a loan collection rights was purchased or sold. In effect, the “trust” can claim to own rights without a legal trustee holder. This is not so for traditional trusts whereby at all times the legal holder must be the trustee. However, most of great financial crisis claimed REMIC trusts are torn apart and gone for obvious reasons. .

    Still Fighting – this is then where your question comes in — because derived from these trusts — traditional or business – are other trusts specifically set up for advance receivable funding for all costs for claimed property preservation including attorney fees. The collateral holder then, of course, changes. These advance receivable trusts have been around for quite some time. Before them, it was operated another way.

    I am not an attorney, and this is not advice. I just care.

  9. Neil and Bill P are awesome! I am a current Defendant against fake and fraudulent Wilmington Trust, and look forward to the next steps. Bill P has been an asset to us in this pursuit, and Neil has been an incredible resource and source of calm for our family for the past 10 years.
    I still want to know how the law firms and lawyers are paid in this fraudulent scheme, and who pays them? How are they not considered co-conspirators in the schemes, when they knowingly file fraudulent documents and represent fake entities?

  10. how about providing a link to the entire contract? that would be helpful.

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