No trust is regulated by the SEC. No reporting is required of any trust.
But by filing a prospectus, the investment bank gains access to the SEC.gov site. So they upload documents and then download the same documents so they can display the sec.gov in the header. They then falsely argue for judicial notice of a government document.
No document is a government document unless it is created by the government. Since the SEC did not issue the document and never reviewed or exercised any regulatory action, this is not a government document. It is a private document that the lawyers have dressed up to look like a government document. Judicial Watch, Inc. v. Clinton, 880 F. Supp. 1, 11 (D.D.C. 1995) (“documents are typically not agency records under the Act unless and until they are included within material controlled, created, approved and utilized by the agency itself. ”)
Ultimately all filings by the investment bank in relation to the fictitious trusts are followed by a filing that says, “we don’t need to report anything.” In 1998 the regulations were rolled back on the certificates sold to investors in which, by law, the certificates were categorized as private contracts and expressly asserted to be excluded from the category of securities and issuers that were regulated.
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Neil F Garfield, MBA, JD, 76, 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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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).
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Filed under: foreclosure |
What you are saying here is that these claimed trusts are not “mortgage-backed” securities (MBS). If they were, it would be regulated by the SEC under Regulation AB. So, no MBS, and, therefore, no mortgages. Who regulates these private contracts that are not mortgages or MBS?
thank you Neil. My question is, “when will this matter?”. in my case and our POR, Brashear v U.S. we have been clear in facts in evidence that the attorneys are perjering themselves and using DBA’s dressed up for halloween to look like “Trustee’s”. Judge Carter caught Steven Dailey lying and did nothing. My home was allegedly foreclosed in 2016, but it just sold in Feb with known clouded title defects omitted from title and the alleged loan now shows paid with a zero balance. That is 7 years of billing my identity and grabbing insurance $. When the courts are colluding with the attorneys pretending to represent a trustee that doesn’t exist, what now?