Wilmington Entities in Foreclosure

The “Wilmington” name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the “Wilmington” name appears in foreclosure cases, it is an attempt to launder title such that the lawyers who prosecute the foreclosure process can reasonably imply that he or she is representing a creditor who is one or more of the following — none of which are true in any respect, in my opinion, and no evidence has ever been produced to support these premises:
  1. it is a holder in due course of a promissory note,
  2. It has paid value for the underlying obligation due from a homeowner to the “client” that the foreclosure lawyer asserts is making the claim
  3. it is a successor lender
  4. it is part of a trust, implying that there are beneficiaries or investors on whose behalf the client/claimant appears
  5. it maintains a trust account in which a loan officer maintains a loan account receivable payable by the homeowner to the trust or trustee
  6. it has a relationship in which some company is a servicer — i.e.e, a company claiming to process payments, accounting entries, and disbursements to and from homeowners and investors or beneficiaries.
  7. the remedy (forced sale in foreclosure) will produce money proceeds that will be paid to the Wilmington entity whose trust officer will credit (reduce) the amount supposedly due from the homeowner — as reflected on the trust account containing the loan account receivable relating to the homeowner.
In reviewing hundreds of “Wilmington” cases I have not seen a single instance in which any of the above premises are true. All of the cases rely upon the invocation and court acceptance of the application of legal presumptions under the evidence code arising from the apparent facial validity of fabricated, false, forged, back-dated, and robosigned documentation. Not all “Wilmington” names are part of false securitization schemes. Wilmington IS the name of a city. Careful analysis is required.
This is an incomplete history of known Wilmington names that have been successfully used/abused in invoking the foreclosure process:
  • Wilmington Financial” is a name that does not appear to be legal business entity registered or organized in any jurisdiction — but our investigation is not complete. The use of this name as a “fictitious name” — i.e., the name under which a legal business does business is common. It is listed as a financial consultant on the internet.
  • “Wilmington Trust” is or at least was a registered legal business entity whose common shares were traded on the New York Stock Exchange (WL).
    • Wilmington Trust is one of the top 10 largest American institutions by fiduciary assets. Wilmington Trust was a provider of international corporate and institutional services, investment management, and private banking. It was acquired in 2011 by M&T Bank.
    • M&T Bank Corporation is an American bank holding company headquartered in Buffalo, New York. It operates 780 branches in New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia, West Virginia, Washington, D.C., and Connecticut. It is not known whether the Wilmington Trust entity has survived the acquisition in any way indicating that there are operations.
    • In 2018 and 2019 several executives of Wilmington trust were convicted and sentenced to prison for issuing misleading reports about the status and ownership of various loan accounts — both residential and commercial. As with Wilmington Financial, the use of the name continues but more as a corporate veil for asserting claims of rights to administer, collect and enforce loan accounts.
    • There is no evidence and no assertion by any officer of of those entities that any loans, loan accounts or obligations were ever acquired by Wilmington Trust nor were any acquired by M&T Bank.
  • “Wilmington Savings Fund Society” is a Federal Savings Bank that primarily operates under the name of “Christiana Trust” which is now listed as a subsidiary of Wilmington Savings Fund Society but was previously advanced by lawyers pursuing foreclosure as a legal entity. Christiana Trust is neither a trust nor a subsidiary as far as we have been able to determine. It is a veil for pursuing claims without liability for pursuing false claims.
  • WSFS Bank” WSFS Financial Corporation is a financial services company. Its primary subsidiary, WSFS Bank, a federal savings bank, is the largest and longest-standing locally managed bank and trust company headquartered in Delaware and the Greater Delaware Valley. Christiana Trust Company of DE is a Delaware limited purpose trust company that offers Delaware Advantage trust services, including directed trusts, asset protection trusts and dynasty trusts.
  • Cypress Capital Management is a registered investment advisor with a primary market segment of high net worth individuals offering a balanced investment style focused on current income and preservation of capital.
  • Powdermill Financial Solutions is for ultra-high net worth families, entrepreneurs and corporate executives.
  • WSFS Institutional Services, a division of WSFS Bank, offers owner and indenture trustee services for asset-backed securities, indenture trustee for corporate debt issuances, administrative and collateral agent for the leveraged loan market, as well as custody, escrow, verification agent and independent director services.
    • WSFS Wealth Investments provides insurance and brokerage products primarily to WSFS Bank’s retail banking clients.
    • West Capital Management offers fee-only and fully-customized investment, tax, and estate planning strategies to high-net-worth individuals and institutions.
    • WSFS Mortgage, a division of WSFS Bank, is listed as a mortgage lender providing a wide range of mortgage programs in the Delaware Valley and nationally. Arrow Land Transfer is a related title insurance agent serving communities in Delaware, Pennsylvania and New Jersey.
  • WSFS Financial Corporation” WILMINGTON, Del., Nov. 02, 2017 (GLOBE NEWSWIRE) — WSFS Financial Corporation (NASDAQ:WSFS), today announced the formation of a new trust company, Christiana Trust Company of Delaware. The new trust company will be a wholly-owned subsidiary of WSFS Financial Corporation and will supplement the existing WSFS Wealth businesses, including; WSFS Wealth InvestmentsCypress Capital ManagementWest Capital Management, Powdermill Financial Solutions and Christiana Trust, which is a division of WSFS Bank.
  • Wilmington Finance” is listed as a mortgage company. The Company underwrites and sells mortgages. SECTOR. Financials. INDUSTRY. Financial Services. SUB-INDUSTRY. Incorporated in 1994.
  • Wilmington Financial Group, Inc.” is listed as a financial consultant that may have some connection to one or more of the above entities
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Neil F Garfield, MBA, JD, 74, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.

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