Why You Need to Perform Investigation of Real Facts in the Real World

Posted on December 22, 2021 by Neil Garfield

I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the judge to make sense of it).

Question received from one of the readers of this blog: “I’m trying to understand how a house in NJ.  Is alleged to be notarized in Florida and recorded by a company in Idaho (whose Name of course, is not even in business any longer).”

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SImple answer — none of that happened. I don’t know your case but in all probability, Black Knight fabricated a false document on instructions from a central source controlled by an investment bank. An investigation will reveal whether that statement is applicable in your case. I am willing to bet $100 that it IS true.

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CoreLogic and/or other vendors (probably affiliates of Black Knight) affixed the signature, the notary signature, the notary stamp, and where necessary for local recording rules the signatures of witnesses electronically using direct electronic signature or mechanical pen.

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The name of the company or person was selected by an algorithm based on instructions from the same source. It does not matter that the company is not in business because inserting ANY name makes the document look like it is facially valid. But the document can be challenged as NOT being facially valid because ti is a matter of public record that the corporation’s charter expired, was dissolved or that the company went bankrupt.

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The content of the instrument is false since it most probably states that it is an assignment or an allonge. The rule adopted by all states, and supported by centuries of precedent in statutes and case law, is that a transfer of the mortgage or deed of trust is ineffective (i.e. a “legal nullity”) unless the underlying obligation is also transferred from the same grantor to the same grantee. The fact that someone or some company is named as a transferee does not make them the status of a legal grantee.

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Some people, like Chic, have gone to the trouble of investigating the musical chair scenario that emerges from the use of false or dead-end addresses for what appears to be major businesses, enterprises or even banks that are Federally or state-chartered.
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They have discovered and taken pictures of the locations in which the companies were asserted to exist — although often not directly — by implication from return addresses. Nobody ever says that the letter is coming from the company on the letterhead or that there is any warranty or even assertion of title in such documents.
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It is all implied so that the perpetrators can later claim plausible deniability, to wit: we didn’t do it. That was done by some outsource vendor of Joe’s Documents, LLC and we knew nothing about it. Joe has a recurring source of residual income because he has agreed to let his company name and address to be used even though the address is a loading docket licensed to a private investigator.
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The moral of the story for homeowners is that unless you are in this for entertainment purposes only, you need to act on your suspicions and hire private investigators like Bill Paatalo to actually locate the signors and notaries, track down the supposed addresses, and confirm by fact — not opinion — that the document could not have executed by the party named as grantor and that the grantee was not a legal entity.
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This isn’t divorce court where lawyers makeup facts and hurl accusations. This is a real court where the judge is bound by the evidence. Your opinion is not evidence.
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But I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the judge to make sense of it).
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See below for an example of allegations that can be made after an effective investigation. Most people have neither time nor the skills necessary to perform such investigations. That is why you need a licensed private investigator to come up with real facts revealing the fake story used as part of a false national narrative with false labels on documents, persons, and business entities that may or may not even exist as registered business entities in any jurisdiction. Yes this is boring work but it is what usually makes the difference between winning and losing.
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Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.

CLICK TO DONATE

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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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FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. In  the meanwhile you can order any of the following:
CLICK HERE TO ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. 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 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.
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Here are a few examples of investigation that yielded some interesting results:
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The purported “Ocwen Loan Servicing” address traces back to an industrial concrete-block windowless warehouse building with truck docks, of 14,233 sq. ft., internally a self-storage unit building operated by “Security Connections, Inc.” and crafted, as are all other “Ocwen” locations, as blind alleys intended to obfuscate and confuse, leading to dead-ends.

  1. The true picture of 240 Technology Drive, Idaho Falls, showing an industrial warehouse, is incorporated herein:

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The falsified and fraudulent papers crafted as purported “Assignments” and filed on the Stamford Land Records are and were designed by the actors for the purpose of obfuscation and slander of title, and contain inherent false statements such as the claim that Deutsche Bank maintains offices at “1661 Worthington Road, Suite 100, West Palm Beach, Florida,” when if act it does not, and never has.

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William Erbey subsequently re-incorporated Ocwen Mortgage Servicing, Inc., his latest vehicle for mortgage fraud and abuse,  in the British Virgin Islands, claiming a registration address of Waterfront Center, Suite A, 72 Kronprindsens Gade, PO Box 305304, St. Thomas VGB.  That address comes back to the “Trident Trust Company,” a Virgin Islands “brass plate” corporation accommodation address provider, wherein a brass plate screwed onto the door is sufficient to establish corporate existence.  The actual address used by Ocwen in its representations to the public and the courts sources back to a tourist souvenir knick-knack stall located at the foot of the cruise ship dock in the British Virgin Islands.  The souvenir stall is currently boarded up.

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The “588 Assignment” represents that Mortgage Electronic had a place of business at 3300 SW 34th Avenue, Suite 101, Ocala, Florida.  In reality, Mortgage Electronic did not have any business address at that location, and the representation was a falsity.

  1. The signature undertaking on the “588 Assignment” represents that it was signed by one “Paige Helen” as Vice President of “Mortgage Electronic as Nominee for NetBank.”  Despite this representation, the notarial undertaking declares that Paige Helen was in reality an employee of “IndyMac Bank, FSB.”

Filed under: burden of persuasion, burden of pleading, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, expert witness, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, Judicial notice, Pleading, Presumptions, prima facie case, Servicer, sham transactions, standing | Tagged: , | 3 Comments »

Black Knight fka Lender Processing Systems — Short memories can hurt you

Posted on November 16, 2021 by Neil Garfield

Frankly, I am frequently bewildered by the astonishment of people who should know better. Everything that I report on my blog is derived from actual concrete reliable data and information and previous legal proceedings in which there were administrative findings of fact and legal consequences. Some followers of my blog are well-intentioned but are married to the view that the system is so corrupt, nobody can do anything about it. But I have been doing “something about it” (i.e., winning cases) for 15 years — along with several dozen other lawyers and even many pro se homeowners. Even people in other countries have had success.

This blog and my radio show and webinars are devoted to one thing: getting homeowners to wake up as early as possible to the fact that they have been duped into a transaction about which they know nothing but which they think they know everything.

I don’t deny that the results are corrupt. But I do think that the consequences of entering the legal system without knowledge of legal procedure will produce a fatal result in most cases. Being right is not enough

Black Knight is a financial technology (FINTECH) company that played a pivotal role in the creation and promotion of false fabricated documents. In turn, this resulted in the fake national narrative that the loan account receivables still existed when in fact those accounts were extinguished during the process of securitization. And that is because securitization was not and never was intended to securitize any obligation owed by any homeowner who was falsely labeled as a borrower.

Without that false narrative, judges would have refused to allow foreclosure judgments to be entered or foreclosure sales to be conducted. But just like any other court action, the judge is restricted to consider only what is presented — not what should’ve been presented or what could’ve been presented. Before the era of false claims of securitization of debt, judges regularly refused to allow foreclosure even when they were uncontested — if the paperwork was not properly presented in the correct form. The only thing that has changed is that the investment banking community has entered the lending marketplace with the paperwork that is properly presented in the correct form, but which is false.

Black Knight, Inc. went public in 2017, underwritten by Goldman Sachs. This is a closely related company to Black Knight Financial Services LLC. Black Knight has branded itself as an authority for data on real estate and in particular mortgage lending. But it continues, through its direct operations and its relations with closely related companies to provide “gap” documents that are completely fabricated, false, backdated, and forged by automated processes.

In other words, it is directly or indirectly involved in the creation of false data that it then reports. Black Knight has an indemnification agreement in which it protects Servicelink (another closely related Black Knight company) from any claims. That is because the “services” performed by Servicelink and other companies is the man behind the curtain — i.e., the actual company that provides automated processing of receipts from homeowners, records of those receipts, and deposit of those funds into accounts controlled by the investment banking company who has no ownership interest in any payments, obligation legal debt, note or mortgage from any homeowner.

In plain language, this means that homeowner payments are revenue to the investment banks and not a reduction in any loan account receivable. And THAT is because there is no loan account receivable —- a fact that is nearly universally rejected by anyone who does not have years or decades of experience in investment banking and accounting.

But just because it is rejected by people who are ignorant of the facts, does not mean it is wrong or in any way misleading.

Had tip to summer chic.

There were several other press releases across the country just like this one. The one thing missing from all of these suits, settlements and orders is the connection of the dots. If we know that the industry was using fraudulent, forged, false, backdated, robosigned documents then two questions emerge:

  • Why were the related foreclosures not reversed?
  • More fundamentally, why were fake documents needed? In an industry in which lenders literally wrote the laws, the template documents, and the procedures by which loans were originated and enforced, why was it so easy to originate the loans in extreme volume and not so easy to enforce them without falsifying documents?

FOR IMMEDIATE RELEASE Contact: Jennifer López
DATE: December 16, 2011 702-486-3782

NEVADA ATTORNEY GENERAL SUES LENDER PROCESSING
SERVICES FOR CONSUMER FRAUD

Carson City, NV – Attorney General Catherine Cortez Masto announced today a lawsuit against Lender Processing Services, Inc., DOCX, LLC, LPS Default Solutions,
Inc. and other subsidiaries of LPS (collectively known “LPS”) for engaging in deceptive practices against Nevada consumers.

The lawsuit, filed on December 15, 2011, in the 8th Judicial District of Nevada, follows an extensive investigation into LPS’ default servicing of residential mortgages in
Nevada, specifically loans in foreclosure. The lawsuit includes allegations of widespread document execution fraud, deceptive statements made by LPS about efforts to correct document fraud, improper control over foreclosure attorneys and the foreclosure process, misrepresentations about LPS’ fees and services, and evidence of an overall press for speed and volume that prevented the necessary and proper focus on accuracy and integrity in the foreclosure process.

The robo-signing crisis in Nevada has been fueled by two main problems: chaos and speed,” said Attorney General Masto. “We will protect the integrity of the foreclosure process. This lawsuit is the next, logical step in holding the key players in the foreclosure fraud crisis accountable.”

The lawsuit alleges that LPS:

1) Engaged in a pattern and practice of falsifying, forging and/or fraudulently executing foreclosure-related documents, resulting in countless foreclosures that were predicated upon deficient documentation;

2) Required employees to execute and/or notarize up to 4,000 foreclosure-related documents every day;

3) Fraudulently notarized documents without ensuring that the notary did so in the presence of the person signing the document;

4) Implemented a widespread scheme to forge signatures on key documents, to ensure that volume and speed quotas were met;

5) Concealed the scope and severity of the document execution fraud by misrepresenting that the problems were limited to clerical errors;

6) Improperly directed and/or controlled the work of foreclosure attorneys by imposing inappropriate and arbitrary deadlines that forced attorneys to churn through foreclosures at a rate that sacrificed accuracy for speed;

7) Improperly obstructed communication between foreclosure attorneys and their clients; and

8 ) Demanded a kickback/referral fee from foreclosure firms for each case referred to the firm by LPS and allowed this fee to be misrepresented as “attorney’s fees” on invoices passed on to Nevada consumers and/or submitted to Nevada courts.

LPS’ misconduct was confirmed through testimony of former employees, interviews of servicers and other industry players, and extensive review of more than 1 million pages of relevant documents. Former employees and industry players describe LPS as an assembly-line sweatshop, churning out documents and foreclosures as fast as new requests came in and punishing network attorneys who failed to keep up the pace.

LPS is the nation’s largest provider of default mortgage services, processing more than fifty percent of all foreclosures annually.

The Office of the Nevada Attorney General recently indicted Gary Trafford and Gerri Sheppard as part of a separate, criminal investigation into the conduct of robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents with the Clark County Recorder’s Office between 2005 and 2008.

Nevada homeowners who are in foreclosure or are facing foreclosure are advised to seek assistance as soon as possible. Homeowners can find information for a counseling agency approved by the U.S. Department of Housing and Urban Development (HUD) by calling 800-569-4287 or by visiting http://1.usa.gov/NVCounselingAgencies.

Additional information on foreclosure resources can be found at www.foreclosurehelp.nv.gov.

Anyone who has information regarding this case should contact the Attorney General’s Office hotline at 702-486-3132 (when promoted select “0”) to obtain information on how to submit a written complaint. Nevada consumers can file a complaint with the Nevada Attorney General’s Office about LPS by sending a letter with copies of any supporting documentation to the Nevada Office of the Attorney General, Bureau of Consumer Protection: 555 E. Washington Ave Suite 3900, Las Vegas, Nevada 89101

EDITOR’S NOTE: Contrary to what has been written or implied by people who are either misinformed or who are being directly paid by intermediaries for the investment banks on Wall Street, the simple answer to the direct question that I have posed above is that the reason for the fake documentation is that there was no real documentation that could be used. There was no real documentation because there were no real transactions supporting the documents that were used in foreclosure.
Every long-term illegal scheme has three main attributes:
  1. A false national narrative created by advertising and government complicity.
  2. False labels that comply with the false national narrative, combined with government acceptance of those labels.
  3. Addiction to the revenue produced by the scheme. This applies to all players, high and low.

When you look at the Madoff Ponzi scheme (40 years), the Purdue pharma scheme (30 years) on OxyContin, or the securitization Ponzi scheme (30 years), the elements are the same. And the results are interesting from an academic point of view: despite the catastrophic results of those schemes, there remain many people (Including those in government) who still subscribe to the narrative and use the labels. It’s very challenging to let go of a belief even when there is ample evidence and even knowledge of the falsity of the presumptions.

 

Filed under: foreclosure | Tagged: , , , , , , , , , | 3 Comments »

BLACK KNIGHT, CORE LOGIC MOVE TO AUTOMATED VALUATION FOR APPRAISALS

Posted on May 19, 2021 by Neil Garfield

Appraisal fraud creates civil and criminal liability. And it turns out that licensed appraisers are still uncomfortable with the current system of faking appraisals. So the investment banks, acting through their principal agents, Black Knight and CoreLogic, have turned to automation in order to do the calculation that results in the valuation of the property. Despite the very clear requirements of the law, nobody is responsible for this — at least not in practical terms. After 16 years of very clear warnings warnings from thousands of licensed appraisers, no government action has been taken by the Feds or or any state government.

At this point, it should come as no surprise that everything that Wall Street does in connection with homeowner transactions is designed to either avoid liability or conceal liability until the statutes of limitation run on claims that homeowners could make. The principal strategy utilized by investment banks is the automation of practically everything. Most documents produced in court or in response to a qualified written request or debt validation letter have never been touched by human hands until they are received. Unfortunately, that also includes the “original” documents.

Securitization has been a feeding trough for Wall Street since 1995. It is irresistible. There is virtually no risk, and the money keeps piling in by the sale of a virtually infinite number of securities. It has come to the point where you can hardly buy anything without being offered a payment plan with no interest for as long as five or seven years. Nobody seems to ask how anyone can make money on such a deal. The answer is that securitization produces far more money than the original transaction. The average vendor or tradesmen can offer search financing because they get paid upfront and they get a kickback from the investment banks who are operating through intermediaries and sham conduits.

But securitization requires a reference point. And the reference point in the credit market is the illusion of a loan. None of the securities convey any ownership interest in any obligation, legal debt, note, or mortgage. None of the securities involves a risk of loss arising from any consumer failing to make a scheduled payment. No such loss is possible. And that is why the fabrication of false documentation has become a mega-industry. But if you are going to fabricate false documentation for recording in the public records, you obviously don’t want it to be traced to you. So you hire intermediaries and make sure they use automated equipment so everyone in the chain has plausible deniability.

With homeowner transactions, the only way to keep the action going is by increasing appraisal valuations. This keeps consumers thinking that they are making a good investment. The fact that consumers are overreaching and that many are headed for disaster is merely gravy on top of the feast that Wall Street has already enjoyed. When the number of announced defaults goes up, more money pours in as a result of various credit swaps and insurance policies that are issued on the declared decline in the value of the securities issued to investors. Of course, the curious thing about that is that the proceeds of such contracts and insurance policies go to the investment banker, not to the investors.

From the beginning, the primary method used to incentivize consumers to sign “loan papers,” was the overvaluation of the property that was used as collateral to assure payment from the homeowner. Licensed appraisers were given two choices: issue an appraisal that was at least $20,000 over the contract price or never get another appraisal job. 8000 appraisers warned Congress that this was happening in 2005. And as we all know, people bought houses for $700,000 that turned out to be worth $300,000. The 2008 crash was devastating and continues to suck money out of the American economy.

Appraisal fraud creates civil and criminal liability. And it turns out that licensed appraisers are still uncomfortable with the current system of faking appraisals. So the investment banks, acting through their principal agents, Black Knight and CoreLogic, have turned to automation in order to do the calculation that results in the valuation of the property. Despite the very clear requirements of the law, nobody is responsible for this.

The appraisals continue to deviate from the standard practices of valuation resulting in overpricing which in turn produces a dollar increase in the amount of the transaction with homeowners. While the truth in lending act makes it very clear that the appraisal is the responsibility of the “lender,” the absence of an actual lender makes that requirement obsolete. Although the homeowner is free to sue the appraiser and the originator for appraisal fraud or other causes of action arising from the false valuation of the property, the homeowner will usually end up with nothing, even if they win. Often they discover the discrepancy after the statute of limitations has run, which results in a complete bar to bringing any claim for this practice.

But in judicial states, the homeowner can usually bring the same claim as recoupment in affirmative defenses, resulting in the judgment up to the amount demanded in the lawsuit seeking foreclosure.

DID YOU LIKE THIS ARTICLE?
Nobody paid me to write this. I am self-funded, supported only by donations. My mission is to stop foreclosures and other collection efforts against homeowners and consumers without proof of loss. If you want to support this effort please click on this link and donate as much as you feel you can afford.
Please Donate to Support Neil Garfield’s Efforts to Stop Foreclosure Fraud.

Click

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 and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. In  the meanwhile you can order any of the following:
CLICK HERE ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation. Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. 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 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
Please visit www.lendinglies.com for more information.

 

Filed under: foreclosure | Tagged: , , | 2 Comments »

You might not know VendorScape but it sure knows you

Posted on October 12, 2020 by Neil Garfield

In a somewhat startling admission by CoreLogic, we now have an admission of many facts that might not have otherwise surfaced but for intensive and aggressive, persistent Discovery. I am not publishing the entire letter from them for privacy reasons. But it is worth mentioning that the letter was sent, after careful legal analysis, as a response to a complaint to the Federal Consumer Financial Protection Board — organized by Elizabeth Warren under the Obama administration. The response was (a) mandatory and (b) subject to charges of lying to a Federal agency.

The problem faced by CoreLogic was that on the one hand it IS and was the central repository of all data and electronic records for most residential loans in the United States. The main IT platform running several systems is called VendorScape which is owned, maintained and operated by CoreLogic pursuant to instructions from Black Knight (and perhaps others) who are serving the interests of investment banks who have no legally recognized interest in any of the alleged “loan accounts”.

But they don’t want the government or the public to know any of that because they are designating nominees to serve or pose as “servicers” who can be thrown under the bus at any that that foul play is actually addressed instead of settled (see 50 state settlement).

So here is what they said

Interesting.

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And here is how it breaks down (legal analysis):
  1. VendorScape exists although they deny it is currently accessed through CoreLogic
  2. VendorScape is an “electronic case management system.” Taken in context with customs and practices in the industry in addition to simple logic, it is THE case management system and it is electronic which means that anyone with login credentials can get into it.
  3. VendorScape output consists of the following:
    1. centralized electronic workplace
    2. storage of “documents” — i.e., images not the original documents because they are not a records custodian for anyone. As the centralized place for “storage” it is VendorScape that is the source server from which all records are produced in printed reports that are merely generated from what is in VendorScape regardless of who added or deleted or changed anything.
    3. initiate workflows “defined by our clients”. This is odd wording.
      1. They appear to be saying that clients access the system and are simply using it as an IT platform to conduct business of the client.
      2. But VendorScape initiates workflows, which means that they have admitted that whoever is actually running VendorScape is making the decisions on when and how to initiate any action.
      3. Since the entire purpose of this system is preparation for foreclosure, the only logical conclusion is that it is a system to initiate foreclosures, notices of default, notice of delinquency etc. based upon human decision-making or automated decision making initiated by humans that control VendorScape.
      4. They will of course say otherwise and that seems to be what they are trying to say — that the client determines the definitions and circumstances of workflows.
      5. But dig a little deeper and you will find that the “client” has no right to make such decisions and that the decision is labelled as the decision of a client (e.g. Ocwen) by permission from Ocwen, who is not actually allowed to make such decisions and does not make such decisions. 
      6. So the reference to the  Client making such decisions is circular allowing anyone to say that it was CoreLogic or  VendorScape who made the decision (thus avoiding liability for Ocwen et al) OR to say that it was Ocwen, as they do in this letter.
  4. They admit that CoreLogic is the party who owns and maintains the storage and functions of the VendorScape system while at the same time implying that they have no connection with VendorScape.
  5. They assert that the data is owned by the clients. This is a common trick.
    1. The data is not owned by the clients because it doesn’t consist of any entries or proprietary information placed in the system by the client.
    2. The information or data is placed there mostly through automated systems controlled by Black Knight but operated by CoreLogic.
    3. Nominal “Servicers” (Ocwen e.g.), who are the “clients” actually have no way of knowing anything about a homeowner account until after it is placed in the system by third parties.
    4. This is why servicer records should not be admitted into evidence as exceptions (business records) to the hearsay rule.
    5. The deadly mistake by many lawyers in court is the failure to timely object to lack of foundation, best evidence and hearsay.
      1. A timely objection is one that is raised at the same time the admission of evidence is being considered by the court.
      2. Waiting until the end of questioning is spitting in the wind. It is already in evidence by that point.
      3. And the second mistake is that after the objection is sustained, the failure to move the court to strike the offending testimony and exhibits. That failure is equivalent to a waiver of the objection, thus leaving the offending testimony or exhibits in evidence.
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Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
*

FREE REVIEW: Don’t wait, Act NOW!

CLICK HERE FOR REGISTRATION FORM. It is free, with no obligation and we keep all information private. The information you provide is not used for any purpose except for providing services you order or request from us. In the meanwhile you can order any of the following:
*
CLICK HERE ORDER ADMINISTRATIVE STRATEGY, ANALYSIS AND NARRATIVE. This could be all you need to preserve your objections and defenses to administration, collection or enforcement of your obligation.Suggestions for discovery demands are included.
*
CLICK HERE TO ORDER TERA – not necessary if you order PDR PREMIUM.
*
CLICK HERE TO ORDER CONSULT (not necessary if you order PDR)
*
*
CLICK HERE TO ORDER PRELIMINARY DOCUMENT REVIEW (PDR) (PDR PLUS or BASIC includes 30 minute recorded CONSULT)
*
FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. 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 12 years or more.
  • Yes you DO need a lawyer.
  • If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
*
Please visit www.lendinglies.com for more information.

Filed under: boarding process, burden of persuasion, burden of pleading, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, foreclosure defenses, hearsay, investment banking, Pleading, securities fraud, Servicer, sham transactions, standing, TRIAL OBJECTIONS | Tagged: , , , , , , , , | Leave a comment »

PennyMac and Other Companies are Making False Claims as “Servicers”: Black Knight, the king of fabricated documents is behind 62% of all “servicing records.”

Posted on June 10, 2020 by Neil Garfield

The bottom line is that companies claiming to be servicers are not servicers although they perform some servicing functions as “clients” of Black Knight.

This provides a veil of plausible deniability for lying in court about testimony and documents. Hiding behind litigation immunity foreclosures are being pursued and granted resulting in windfall payments to intermediaries who never had any stake in the financial stake of any homeowner transaction. 

Examination of the facts shows that the “boarding process” is nonsense i.e., a lie). “New Servicers” simply log on to the Black Knight system. There is no boarding required. It is a total lie to fool courts into believing that the records were tested when they were not. 

Black Knight is not mentioned in part because of its prior record of criminal conduct. That record gives rise to inferences of lack of credibility or questions or credibility — either one of which is enough to prevent the employment of legal presumptions arising from what appear to be facially valid documentation. Without those presumptions there is no case because none of the claimants can offer proof of transactions in which actual ownership and control over the underyling obligation can be established. 

There is nothing like an admission that can change the course of thinking by a judge, lawyer, homeowner or law maker. Except for one thing: when the party not only admits the truth of the matter asserted but affirmatively alleges it in a lawsuit against someone else.

Exhibit A, brought to my attention by multiple sources and contributors to my blog. It is a lawsuit by someone who professes to have no connection with the alleged “servicing” of any transactions that are referred to as residential mortgage loans. It is never named in any lawsuit as a servicer. It does not show up in court as the source of servicing records. It does not send any robowitness to court to say that he/she is familiar with the books and records of this company. And yet, here is Black Knight, formerly Lender Processing Services and DOCX infamy (Lorraine Brown, President went to jail).

In a lawsuit against PennyMac, Black Knight asserts that PennyMac infringed upon its proprietary system that supplies the servicing records for 62% of all “servicing” performed in the U.S., — and that means that in 62% of all foreclosures, the companies that were proffered as servicers were not the servicers or at least did not perform all servicing functions — especially, as you read the complaint, as to payment histories and relevant documents for foreclosure.

So we have the only company that was ever caught red handed with fabricating, falsifying, recording, forging, robosigning false transaction documents. They changed their name but not their business model. Their business model is being the central repository of all the data that is created, stored, and manipulated with respect to 62% of all alleged “loans.”

That makes Ocwen and other loan servicers liars. And I have successfully pointed that out in trial. When you look at the copies submitted to qualify for an exception to the hearsay rule as a “business record” you can see that this did not come off of any particular system. And upon questioning of the witness they will profess ignorance as to the location of the server on which documents and records are created, maintained and manipulated.

No document is ever produced showing that Black Knight was named as servicer for any trust. That is because the trust has nothing and Black Knight is not working for nothing. Black Knight is working for investment banks who are the prime and only drivers of all trading, administration, collection and enforcing of contracts relating to securities and homeowner transactions. The transaction data (38%) not controlled by Black Knight is primarily controlled by a Chase controlled entity in the same way.

So the bottom line is that when the servicer representative comes into court to testify as to the foundation of the payment history, there are two things to remember for cross examination.

First, the copies he/she is attesting to are not from any system owned or controlled by his company and are not the records of the trustee or trust of any REMIC Trust.

Second those records are always missing any references to what goes out. Without entries showing disbursements to creditors, the records are incomplete. Without records showing establishment of the debt as an asset of some creditor, the records are incomplete. And THAT is what undermines the foundation for the admission of the records and can lead to objection and a motion to strike the exhibit during trial.

Failure to object and failure to attack in this way leads inevitably to a finding that the documents are real and that the information is true which then proves a default because the payment history says so.

But it doesn’t prove a default and the litigator must be able to show that. A default is established ONLY when proof of ownership of the asset (Loan) is established in the name of the claimant or Plaintiff. This never happens because there is no creditor showing the loan as an asset on its financial statements.

In current securitization practices, there is no creditor that actually claims ownership under generally accepted accounting principles that require a financial transaction (payment) in exchange for a conveyance of ownership of the underlying debt as a required by Article 9 §203 UCC as adopted by all U.S. jurisdictions. And if they are not creditors then they can’t be considered lenders and therefore can claim that lender liability does not attach to them. 

And without any officer of the trustee or trust testifying that those are there records of test rust, the copies preferred by the foreclosure mill and the robowitness are just props and not evidence and do not qualify as exceptions as business records. Accordingly they are barred by the hearsay rule which stands in the way of any evidence that lacks credibility.

Black Knight vs PennyMac Lawsuit

So why am I saying all this?

Here are some quotes from a complaint filed by high end lawyers representing Black Knight against PennyMac who they say falsely and illegally used the Black Knight systems, namely MSP© and Navigator©. Here is what Black Knight says, which corroborates, word for word what I have been saying for 14 years:

“Black Knight’s proprietary MSP® System, including its interdependent NavigatorTM electronic reference and procedural library, is the mortgage industry’s leading mortgage servicing software [e.s.] package. The result of years of research, complex coding, and continuous improvement, the MSP® System is used to service over 62% of the first lien mortgage loans in the United States, providing its users – the country’s largest and most successful lending institutions – with the ability to manage their portfolios in compliance with a broad set of laws and regulations. Black Knight protects its proprietary system through secrecy, and users of the MSP® System are granted access only under strict nondisclosure agreements with individual access controls.”

Now to be sure, they will claim that they are only providing software that “servicers” use. But that is not the way it actually happens. Black Knight owns, operates, maintains all servers with an iron hand as directed by the investment banks who like Black Knight want to be out of sight and therefore out of mind of any court.

The facts that every litigator should know is that the two parties who are not mentioned — the investment bank who started ands till controls the securitization scheme and Black Knight who is the central repository for all data to make sure that there is no public competition for claiming the same loan, are the only ones that actually out as real parties real witnesses.

So then we come to the fact that claims of servicing by PennyMac are completely false. If you read carefully and make appropriate inquiries one fact stands out: PennyMac is acting under Black Knight. PennyMac may get to make certain entries which in turn are tested by Black Knight and PennyMac may get to print out copies of reports that are produced by certain algorithms at Black Knight but PennyMac has no role in creation or maintenance of business records on Black Knight, who in turn does not do anything for trusts because it has no contracts with trusts. it has contracts with investment banks.

Notice how they are keeping the agreement between PennyMac and Black Knight a secret. Also note that the agreement names Fidelity Information Services, Inc. an Arkansas corporation as the principal and PennyMac is referred to as “client”.

“Pursuant to that certain Master Agreement entered into as of April 30, 2008, together with any addenda thereto (the “Master Agreement”), PennyMac became a registered user of the MSP® System and was granted a limited right to access and use the MSP® System in order to process PennyMac mortgage transactions.[e.s.] The Master Agreement includes clear and comprehensive restrictions against misuse of the MSP® System and associated confidential materials. Due to a confidentiality requirement in the Master Agreement, as well as the volume of documents, Black Knight attaches hereto as Exhibit “A” the cover page of the Master Agreement. A complete copy of the Master Agreement is in the possession of PennyMac, but a duplicate copy will be provided upon request.”

So the lawsuit is couched as a copyright infringement case. But the real purpose is that of the investment banks — to prevent the decentralization of data records that could reveal the fact that loans were sold multiple times in multiple ways. Of course there is also the monopolistic position that Black Knight enjoyed and wanted to protect. But without the support of the investment banks it would never have filed this lawsuit,.

“The MSP® System is made of a number of interdependent “modules,” with each performing a different function in the process of servicing a mortgage loan. These modules work together synergistically to produce the familiar experience and end product that is critical to the system’s success.”

“For example, the following specific aspects of the MSP® System contribute to its unique value: data schema and fields; user experiences and interfaces; files and records; transaction-type codes and sequence codes; input, processing and output transactions; workstation guides; technical support services; and documentation of the foregoing. Data collected are organized in specific files incorporated in a table that includes multiple records, each of which is a row that also includes a series of fields or cells, each of which has a specific name and position range. The confidential logic and business rules that drive the collection and manipulation of the data provide Black Knight a competitive advantage.” [e.s.]

“The NavigatorTM application is a critical component of the MSP® System. Acting in effect as an extremely detailed electronic reference and procedural user manual, it provides authorized users of the MSP® System with comprehensive information regarding each MSP® System module and workstation necessary to understand and use the MSP® System to service mortgage loans. This includes confidential details of MSP®-specific files; data dictionaries; data schema, records, and fields; MSP®-specific transaction-type and sequence codes; processing operations associated with MSP®-specific files; and MSP®-specific input and output transactions. It also contains confidential workstation guides and other user materials explaining how to work with MSP®-specific files and initiate execution of MSP®-specific operations. The NavigatorTM application and its related documentation are made available only to authorized users of the MSP® System for limited uses and are specifically designated by Black Knight as confidential proprietary, and trade secret information.

An authorized MSP® System user can also access data from the MSP® System in real-time using MSP® Mortgage Web Services. Like the NavigatorTM application, MSP® Mortgage Web Services contains detailed confidential documentation explaining its functionality and unique and proprietary data formatting structures and request codes, among other topics. And like the NavigatorTM application, MSP® Mortgage Web Services and its related confidential documentation”

One of our prolific readers and contributors “summer chic” has offered the following information that I consider useful in framing complaints:

On June 8, 2020 Black Knight announced that former OneWest CEO (aka OCC) Joseph Otting joined Black Knight’s  Board of Directors…..
 
 Black Knight is a renamed Lenders Processing Services/DocX who forged millions of assignments which were filed in Courts around the Nations to steal homes from American families.
 
 Bill Foley (FNF) , owner of LPS, DocX, Black Knight, ect. continues its illegal practices as of today while deceive borrowers with bogus Title Insurances. 
 
Speaking about monopoly, Mr. Foley owns majority of US Title Companies.
 
PennyMac is a renamed Countrywide Financial 
 
Caliber Home Loan is a renamed Countrywide Financial
 
HomeXMortgage is a renamed Fremont Loan and Investments
 
Matrix Private Capital is a renamed Lehman Brothers
 
New OCC Mr. Brooks is also a former OneWest CEO….
 
Former BlackRock CEO Michael Bright was CEO of Ginnie Mae….
 
VA Appraisal system is controlled by Bank of America via Core Logic LoanSafe program which is  renamed Countrywide’s LandSafe Appraisal system which BOA sold to VA in 2014….
 
Ginnie Mae’s Senior VP Michael Drayne is a seasoned  fraudster from Chevy Chase bank who was sued by investors and insurers for over $5.2 Billion securities fraud. Drayne was never charged for any damages.

*Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.*

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Filed under: boarding process, burden of pleading, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, forensic investigation, forgery, hearsay, investment banking, jurisdiction, legal standing, Mortgage, Motion Practice and Discovery, Pleading, Presumptions, prima facie case, Servicer, sham transactions, standing | Tagged: , , , , | 8 Comments »

Right in Front of Our Eyes: Black Knight and U.S. Bank

Posted on June 5, 2019 by Neil Garfield

Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued.

For nearly all loans the central command was Lender Processing Systems, aided by DOCX. While DOCX is technically defunct and Loraine Brown went to jail taking one for the team, the functions of LPS remained the same.

LPS  changed its name to Black Knight and in a PR coup transformed itself into the publisher of what is largely viewed as comprehensive data on mortgage lending and foreclosures.

Hence it went from the purveyor of false, fraudulent, forged documentation to the purveyor of data perceived as reliable and thence became a trusted source whose data is considered worthy of legal presumptions.

Systems at LPS/Black Knight include data processing on virtually all residential loans subject to claims of securitization many of which are represented by data on the MERS  Platform which is a workaround to hide separate split transfers of the debt, the note and the mortgage or deed of trust.

The systems on LPS/Black Knight are designed for the the express purpose of presenting consistent data in foreclosure claims. As such it also enables the rotation of apparent servicers, none of whom perform bookkeeping functions even if some of them interact with borrowers as if they were actually the servicers.

The rotation of servicers comes with the false representation and illusion of boarding in which the process is falsely represented as meaning that the new servicer inspected, audited, reviewed and input the data into their own system. None of that occurred. Instead the new servicer merely gained access to the same LPS system as the last servicer with a new login and password.

All evidence shows that the functions for fabricated, forging and robosigning documents continue to be performed under the direction of LPS/Black Knight which receives all instructions from various investment banks who have each started their own securitization scheme masking apparent trades in the secondary market for loans and trades in the shadow banking market where “private contracts” are regularly traded without any securities regulation.

Far from dropping their connection with LPS/DOCX the major banks have completely embraced this central repository of all loan data, all of which is subject to manual and algorithmic manipulation to suit the needs of the banks; thus they produce a report that creates the illusion of credibility, reliability and even independence even though none of those things are true.

So now U.S. Bank is further embracing LPS/Black Knight technology in the form of “Empower” for loan originations. U.S. bank is of course the major player whose name is used in foreclosures despite the fact that it has no interest in the loans and does not receive one cent from foreclosure sales of property. It merely receives a royalty for the use of its name as part of a fictitious name of a nonexistent trust which is falsely represented to have engaged in a transaction in which the trust acquired the debt, note and mortgage on multiple loans.

This deal furthers the PR myth. It strengthens Black Knight as having the attributes of a legitimate player when in fact it is a central figure in the greatest economic crime in human history.

see https://www.prnewswire.com/news-releases/us-bank-expands-relationship-with-black-knight-to-correspondent-and-hfa-lending-channels-on-empower-loan-origination-system-300859760.html

US Bank will implement the Empower LOS to manage loans purchased via its correspondent and HFA lending channels. The bank already uses Black Knight’s MSP servicing solution which integrates with the LOS; and its artificial intelligent virtual assistant AIVA.

“Aligning with Black Knight’s Empower for our Correspondent and HFA business serves our forward-looking vision of providing innovative capabilities that advance the lending process and provide a better client experience,” said Tom Wind, executive vice president, US Bank. “Expanding our enterprise relationship with Black Knight allows us to enhance our digital capabilities and customer experience throughout the entire homeownership cycle.”

 

Filed under: boarding process, burden of persuasion, burden of pleading, CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, forgery, investment banking, Investor, Mortgage, Motions, originator, Pleading, prima facie case, Servicer, sham transactions, standing | Tagged: , , , | 8 Comments »

The Big Hoax: Are “Sales” of “Loans” and “Servicing” Real?

Posted on May 14, 2019 by Neil Garfield

References to sales of loans and servicing rights are usually merely false assertions to distract homeowners and lawyers from looking at what is really happened. By accepting the premise that the loan was sold you are accepting that the loan was (a) real and (b) owned by the party who was designated to appear as a “Seller.”

By accepting the premise that the servicing data and documents were transferred you are accepting that the transferor had the correct data and documents and that the designated servicer is actually in position to represent the accounting records of the party whose name was used to initiate the foreclosure.

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As Reynaldo Reyes of Deutsche Bank said in deposition and in recorded interviews, the entire structure and actual events are “counterintuitive.” The banks count on that for good reason. Most lawyers and almost all homeowners assume that at least some of what the banks are saying is true. In fact, nearly everything they say, write or produce as “business records” is a fabrication. But homeowners, lawyers and judges buy it as though it was solid gold.

In defending homeowners from foreclosure, lawyers who win more cases than they lose do so because of their willingness to believe that the entire thing is a hoax. Their withering cross examination and use of discovery reveals the complete absence of any corroborating evidence that would be admissible in court.

Even the most “biased” judges will concede that the case for foreclosure has not been made and they rule for the homeowner. But this only happens if the lawyer takes the opposition to task.

Chase did not acquire loans from WAMU and WAMU did not acquire loans from Long Beach etc. At the time of the claimed “acquisition” those loans were long gone, having been funded or purchased by one of the big 4 investment banks, directly or indirectly (through intermediate investment banks or simple cham conduit fictitious names or entities). In fact the ONLY time that the actual debt was clearly owned by anyone was, at best, a 30 day period during which the investment bank had the debt on its balance sheet as an asset.

So all sales from any seller other than one of the investment banks is a ruse. And there are no references to sales by the investment banks because that would be admitting and accepting potential liability for lending and servicing violations. It would also lead to revelations about how many times and in how many pieces the debt was effectively sold to how many investors who were NOT limited to those who had advanced money to the investment bank for shares in a nonexistent trust that never owned anything and never transacted any business.

Similarly the boarding process is a hoax. There is generally no actual transfer of servicing even with the largest “servicers.” They are all using a central platform on which data is kept, maintained, managed and manipulated by a third party who is kept concealed using employees who are neither bonded nor trained in maintaining accurate records nor protecting private data.

There is no transfer of servicing data. There is no “boarding” and no “audit.” In order to keep up the musical chairs game in which homeowners and lawyers are equally flummoxed, the big investment banks periodically change the designation of servicers and simply rotate the names, giving each one the login and password to enter the central system (usually at a server maintained in Jacksonville, Florida).

BOTTOM LINE: If you accept the premises advanced by the lawyers for the banks you will almost always lose. If you don’t and you aggressively pound on the legal foundation for the evidence they are attempting to use in court the chances of winning arise above 50% and with some lawyers, above 65%.

To be successful there are some attitudes of the defense lawyer that are necessary.

  • The first is that they must believe or be willing to believe that their client deserves to win. A lawyer who thinks that the client is only entitled to his/her time or a delay of the “inevitable” will never, ever win.
  • The second is that they must believe or be willing to believe that the entire scheme of lending, servicing and foreclosure is a hoax. Each word and each document that a lawyer assumes to be valid, authentic and not fabricated is a step toward defeat.
  • The third is that the lawyer must fight to reveal the gaps, consistencies and insufficiencies of the evidence and not to prove that this is the greatest economic crime in human history. All trials are won and lost based on evidence. The burden is always on the foreclosing party or the apparent successors to the foreclosing party to prove that title properly passed.
  • Fourth is arguably the most important and the one that is most overlooked. The lawyer must believe or be willing to believe that the foreclosure was not initiated on behalf of any party who could reasonably described as a creditor or owner of the debt. The existence of the trust, the presence of a real trust in any transaction in which a loan was purchased, sold or settled to a trustee, and the various permutations of strategies employed by the banks are not mere technical points. They are a coverup for the fact that no creditor and no owner of the debt ever receives any benefit from a successful foreclosure of the property.

Yes it is counterintuitive. You are meant to think otherwise and the banks are counting on that with you, your lawyer and the judge. But just because something is counterintuitive doesn’t mean that it isn’t true.

Filed under: boarding process, burden of persuasion, burden of pleading, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, expert witness, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forgery, investment banking, Investor, legal standing, originator, Pleading, prima facie case, Servicer, sham transactions, TRIAL OBJECTIONS, trial strategy | Tagged: , , , , , , , , , | 8 Comments »

“Boarding Loans:” Centralized “Processing” at LPS (Black Knight)

Posted on May 14, 2018 by Neil Garfield

It’s complicated. But as this article proudly states, Black Knight is a leading “fintech” company, meaning that it handles the technology and software for “servicing” loans in default. This is the same company that, through DOCX literally published a menu of prices for fabrication and robosigning documents several years back.

My point has been that based upon my investigations, there is no loan boarding. It is a complete fiction. This is hub and spoke management. The hub is Black Knight. “Boarding” actually consists of changing the user name and password, and perhaps not even that. So discovery should include inquiries as to whether Black Knight (or others like it) are the ones involved in the so-called transfer of data.

Consider this quote from the article: “MSP is a comprehensive, end-to-end system that encompasses all aspects of servicing – from loan boarding to default – for first mortgages and home equity loans.” (e.s.)

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see Boarding on Home Point Financial and Black Knight

Among the names you should be digging for is “LoanSphere.” Check this out

In addition to MSP, Home Point Financial also implemented:

  • LoanSphere Bankruptcy, which assists servicers’ management of the bankruptcy process by using workflow and servicer-defined rules to automate bankruptcy-related tasks;
  • LoanSphere Foreclosure, which uses workflow and automated, servicer-defined rules to help servicers with the foreclosure process; and
  • LoanSphere Invoicing, a web-based invoice management solution that consolidates invoice process tasks – from bill presentment and processing to post-payment activities.

They are hiding in plain sight comfortable in the knowledge that practically nobody will understand what they are really doing. This is “servicing” for the servicers. Not for the trust, not for the investors, not for the beneficiaries (if there are any), not for the obligee of the debt owed by the homeowner, not for anyone except themselves.

The naming of a trust as beneficiary under a deed of trust or mortgagee under a mortgage is in actuality the underwriter of RMBS doing business as the name of the trust, — which is a name of a presumed entity that in fact does not exist. In fact no transaction in the name of the trust occurred in which the trust paid money for any debt, note or mortgage. Thus no proceeds from the foreclosure go to the trust. Just ask.

The changing of servicers is merely a game to set up more layers and more curtains with the goal of increasing opacity. In actuality the servicers are merely pretenders acting under orders of the underwriter for the sale of fake bonds and promises issued by a “Trust” that neither exists nor receives the proceeds of sale of securities issued in its name.

Practice Hint — the issue is always legal standing: QUESTION FOR CROSS EXAMINATION: Who will receive the proceeds of liquidation of the property after foreclosure sale? HINT: IT CAN’T BE THE TRUST BECAUSE IT DOESN’T EVEN HAVE BANK ACCOUNT. Will the trust receive the proceeds? Will the beneficiaries receive the proceeds? Will the Trustee receive the proceeds? Will the Master Servicer receive the proceeds? How will the trust or the beneficiaries receive any money from the proceeds of liquidation of the property?

Filed under: CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, legal standing, Servicer | Tagged: , , , , , , , | 21 Comments »

Ocwen Failing? Who cares — they don’t do the “Servicing” anyway

Posted on May 1, 2018 by Neil Garfield

It’s only when you do the work — burrowing into all the data that the truth emerges. From many prior cases it has been obvious that the “boarding process” was a ruse. It was cover for the real parties who were manipulating data to suit their own needs contrary to their duties to the alleged investors and borrowers.

GO TO LENDINGLIES to order forms and services

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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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see The real IT platforms masquerading as Ocwen

For years I have been saying and writing about the fact that the apparent servicer actually does nothing. Ocwen’s source of data capture and maintenance has been Altisource and now is supposedly being transferred to Black Knight, which we all remember is name change from LPS, who won fame by fabricating documents through its subsidiary or division, DOCX.

My educated guess is that Altisource was never the actual IT provider using the trade name “RealServicing.” It was always LPS n/k/a Black Knight and that is who is the hub in a wheel and spoke infrastructure designed to create the illusion of normal loan servicing.

Changes in servicing announced by one party or another would therefore have been just another change in musical chairs — where the names changes but the actual functions always stayed in the same place, which is why there were so many errors revealed when the REALServing platform was accessed from time to time. It reminds me when I studied auditing in my MBA program where the joke was revealed about French bookkeeping — one set for myself, one for my partner and the third for the government (and possibly a fourth for the spouse).

So when you have a witness from Ocwen who says that Ocwen “Boarded” the data or claims that the business records are those maintained by Ocwen on an IT platform controlled by Ocwen the answer is “not so fast.” As I have found in dozens of cases, the witness is unable to answer obvious questions that should have obvious answers. Follow up in your questioning and you might strike gold — once you plan out your cross examination of the robo-witness.

Altisource was under investigation by the CFPB, but the investigation was ended without charges. That investigation was “focused on the REALServicing platform and certain other technology services provided to Ocwen, including claims related to the features, functioning and support of such technology.”

The CFPB, in its lawsuit against Ocwen, claimed that REALServicing, the system Ocwen used to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information, was riddled with errors and technologically deficient.

Over the last several months, Ocwen has reached settlements with nearly all of the states that brought regulatory action, and each of those settlements stipulated that Ocwen develop a plan to move away from REALServicing.

So the obvious take-away is that REALServicing was neither real nor a reliable basis to perform service. And that means that Ocwen’s claims to strict “boarding” of loans could not possibly be true.

But if you look deeper, you find that Altisource was not being paid or not being paid enough to justify the service. This enhances my argument that they were only a conduit for data that was at all times controlled by LPS n/k/a Black Knight.

Filed under: boarding process, CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, Servicer, TRIAL OBJECTIONS | Tagged: , , , , , | 5 Comments »

Foreclosures spike 18%

Posted on February 24, 2017 by Neil Garfield

“Fake news” is now the dominant form of spreading disinformation in our marketplace. The banks are in control of media outlets — some created by the banks — that keep spewing out false data about the foreclosure crisis being over. It isn’t true. It never was true. We still have millions more to go and that doesn’t include the new “delinquencies” that will hit the shores as the race continues to move money through false claims of securitization.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-

see http://www.dsnews.com/headline/02-22-2017/delinquency-rate-shows-improvement

While most of the banking sector is claiming that the mortgage mess is over, the data shows that we (a) never hit any bottom and (b) that foreclosures are beginning to spike again.

The threat to the economy and market indices is a clear and present danger to our national economy and to the geographical areas that have yet to be decimated by declarations of default, foreclosure filings by strangers, and the wholesale sweep of once vibrant neighborhoods.

As we have seen many times in our history, Wall Street is one big selling machine. And the players on Wall Street will continue to sell anything that they convince others to buy regardless of quality and certainly regardless of social cost. Despite the lessons that could have been learned from the 2008 crash, the banks continue to retain ill-gotten gains siphoned out of the American economy and continue to pursue more ill-gotten gains.

The goal was and continues to be foreclosure because once the foreclosure judgment is signed there is a presumption of validity to everything that preceded the foreclosure judgment or sale. In fact, though, in nearly all cases where the “owner” is portrayed as a REMIC Trust, the trust was never used in any capacity except for invoking the name of the trust, whether it existed or not and whether or not the trust ever had any business or assets. The trust was cover for global theft.

Black Knight reports that there are now 2.8 million delinquent loans.  What they do not report is that they continue the same behavior as before (when they were known as LPS), to wit: creating fake data, fake documents and fake signatures using mechanical arms and an IT platform that performs the work required while keeping the client banks safely hidden from view.

As money continues to flood the marketplace, housing prices are once again climbing far above value. Value has historically been calculated, for more than 100 years, as the relationship between housing costs and median income. While TILA creates a duty of the lender to assure that its loan products are affordable, the only way the banks make the big money is by making sure that the loans go into default. And the only way the banks can create a veil of legitimacy over their illegal scheme of false securitization claims is to foreclose — because it is the only legal outcome that protects them from lawsuits and enforcement actions.

In the current market deregulation of the banks will have little meaning — just as regulating them will mean nothing if we forbear enforcement actions. With the Court system presuming that the transactions originated were actually loans between the payee on the note and the homeowner and with legislators at every level heavily influenced or bought by the banks the burden of righting the ship falls on the victims of foreclosure — the homeowners and the investors. And since the investors have no appetite for attacking the TBTF banks, that leaves the homeowners who have scant resources to mount a credible attack on the banks — except through mass joinder actions that have been stained by insult.

Filed under: foreclosure | Tagged: , | 6 Comments »

Bartram: The Missing Links

Posted on November 14, 2016 by Neil Garfield

Why did the Plaintiff lose in its “standard foreclosure”?

The decision on acceleration is essentially this: If the banks do it, it doesn’t count.

While Bartram didn’t turn out the way we want, there are two paths that nobody is talking about — logistics and res judicata.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-
The Florida Supreme Court decision in Bartram reinforces the absurd — that after losing in trial court, the pretender lender can sue over and over again for “new defaults.” The court has re-written the alleged “loan contract” to mean that a loss in court means that their acceleration of the entire loan becomes de-accelerated, meaning that acceleration is merely an option hanging in the wind that doesn’t really mean anything. The decision might have consequences when the same logic is applied to other actions taken pursuant to contract. The decision on acceleration is essentially this: If the banks do it, it doesn’t count.
 *
But two things remain outstanding, one of which the court mentioned in its opinion. Why did the Plaintiff lose in its “standard foreclosure”? The issues that were litigated as to the money and/or documentary trail have been litigated and are subject to res judicata. The Plaintiff, if it is the same Plaintiff, is barred from relitigating them.
 *
If Plaintiff failed to prove ownership of the loan and was using fabricated void assignments and endorsements, the lifting of the statute of limitations should not help them in attempting to bring future litigation. Many other such issues were undoubtedly raised in the original case. The Plaintiff would be forced to argue that while the issues were raised, they were not actually litigated and a judgment was not entered based upon those issues.
 *
The Florida Supremes took away the Statute of Limitations, up to a point (see below) but gave us the right remedy — res judicata. Even if a new Plaintiff appears, the questions remain as to how the alleged loan papers got to them remain open, as well as whether the paper represented any actual loan contract absent an actual lender.
 *
And then there are the logistics that I don’t think were considered in its decision. According to the Bartram decision the act of acceleration vanishes if the Plaintiff loses. The statute of limitations does apply for past due payments that are more than 5 years old. That means, starting with the date of the lawsuit (not the demand), you count back 5 years and all payments due before that are barred by the SOL.
 *
So if a Plaintiff loses the foreclosure, it can bring the action again based upon missed payments that were due within the SOL period. Of course if the Defendant won because the Plaintiff had no right or authority to collect on the DEBT, the action should be barred by res judicata. But putting that issue aside, there are other problems.
 *
“Servicing” of a designated “loan account” is actually done by multiple IT platforms. The one used for foreclosure comes out of LPS/Black Knight in Jacksonville, Florida. This is the entity that  fabricates documents and business records for foreclosure. It is not the the actual system used for servicing that deals in reality with the alleged borrower and accepts payments and posts them. It is incomplete. This system intentionally does not have all the documents and all the “business records” relating to the loan. For example there is no document or report that shows who was and probably still is receiving payments as though the loan were performing perfectly.
 *
The decision on when and if to foreclose is always performed by LPS/Black Knight in order to prevent multiple servicers, trustees, banks and “lenders” from suing on the same loan, which has happened in the past. LPS assigns the loan to a specific party who is then named by Plaintiff. And LPS creates all the fabricated paperwork to make it look like that party is the right Plaintiff and that the business records produced by LPS can be presented as the business records of the party whose name was rented for the purpose of foreclosure. It is LPS documents that are produced in court, not the records of the named Plaintiff.
 *
So here is a sample simple scenario that will illustrate the logistical problem created by the Florida Supremes: LPS issues a notice of default letter naming the claimant as XYZ, as trustee for XYZ series 2006-19B Pass Through Trust Certificates. Previously XYZ lost the foreclosure action by failing to prove that it had any relationship with the loan. The Notice of Default and right to reinstate issued by LPS on behalf of XYZ must be for payment that was within the SOL. This action of course waives the payments, fees etc that are barred by the SOL. It also assumes that the date of the letter AND THE LAWSUIT will be within the SOL period. So for example, if the last payment was on December 1, 2006 and the letter refers to a missed payment starting with January 1, 2012, the letter is proper. But if suit is not commenced until January 2, 2017, the letter is defective and the lawsuit is barred by the SOL. Further the doctrine of res judicata bars any cause of action that was litigated previously.
 *
All of this leads to a court determination of what issues were previously raised, when they were raised and whether the Final Judgment in favor of the homeowner means anything.

Filed under: foreclosure | Tagged: , , , , , , , , | 1 Comment »

Bank Media Blitz: End of Foreclosure Era: FALSE

Posted on October 26, 2016 by Neil Garfield

The false pronouncements that the mortgage crisis is over have led many attorneys and homeowners to give up on winning cases.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-

For years the banks having been gradually ramping up a PR campaign that carries the message: the foreclosure crisis is over. “Institutions” like Black Knight (formerly known as the infamous Lender Processing Services —LPS) have been issuing statements that foreclosures are essentially over. The newest round of these false pronouncements is that foreclosures  have sunk to a 9 year low.

The truth is more nuanced and “counter-intuitive” as Reynaldo Reyes, VP of Deutsch Bank “asset management” said many years ago. What the banks have done (using LPS/Black Knight) is play Wackamo with the states and counties. They ramp up foreclosures to an all time high and then switch to another county. Then the report is that the county with the all time high is now declining — because the banks have moved on to another county or state.

After the decline, they come back again and ramp it back up, sometimes stopping short of another all time high.

The facts are that there have been some 9 million foreclosures since the mortgage crisis began and there will be at least another 6 million foreclosures under cover of what is being reported as a crisis that is over. There are hundreds of thousands of foreclosures that were put on hold in cases where the homeowner put up a fight. Some of them are over ten years old — and courts, rather than dismissing them for lack of prosecution or adequate prosecution have (a) let them continue and (b) blamed the homeowner for the delays. Those cases are also coming to a head now and the banks are starting to show losses in court that were never reported before because they were only pursuing cases that were uncontested.

The truth is that the banks were playing the odds. The number of homeowners who put up a fight is only around 4-6%. By putting the contested foreclosures on hold, the banks were able to get millions of fraudulent foreclosures completed at a rate of 100%. Out of the contested ones, they still have the advantage much there record of success is much lower and getting lower every day as courts wake up to the fact that the banks are not being truthful in court nor with borrowers.

The soft underbelly is that the banks were not truthful with investors, from whom they essentially stole the money that was advanced for the purchase of mortgage backed securities that were issued by empty trusts.

PRACTICE HINT: There are three basic classifications of foreclosures into which every foreclosure falls.

  1. Foreclosures without “issues.”
  2. Foreclosures with factual issues
  3. Foreclosures with procedural issues.

The first two can be won and should be won 100% of the time (speaking of loans in which multiple “transfers” and claims of securitization were made).  The third one can be more challenging because either the pro se litigant or an attorney made admissions or already missed deadlines or otherwise failed to raise and press appropriate defenses.

The result of winning is an involuntary or voluntary dismissal when you win, but then you have the statute of limitations to deal with when they come back and sue again on more fraudulent paperwork. Attorney fees are generally awarded as long as you included the demand in the filings for the homeowner.

By foreclosures without issues I mean an apparent “default:” that the homeowner did stop making payments before the delinquency or default letter. These cases can only be won by good trial practice: timely proper objections, watching what evidence comes in and well-planned cross examination (which means good trial preparation). If you do the work your chances of winning at trial level or appeal, if necessary are very good.

By foreclosures with factual issues I mean situations in which the “servicer” created the illusion of a default by negligently or intentionally posting payments to the wrong ledger. This includes lump sum payments for reinstatement, insurance and other matters. The “borrower” never defaulted even if the note and mortgage were valid and even if the assignments were valid. The result is dismissal usually without prejudice. But if you also show that they were lying about the transfer to the trust or other foreclosing party, the case could be dismissed with prejudice and even with sanctions.

By foreclosures with procedural issues I mean situations in which procedural errors are present that require leniency of the court to correct them in order to properly defend. This usually occurs when pro se (aka pro per) litigants attempt to represent themselves because they think they have found some magic bullet. 95% of such cases are lost thus skewing the overall percentage of wins and losses for homeowners who put up a fight.

No case falls 100% into any specific category but each case can be generally categorized using the above analysis.

In all cases the homeowners’ attorney should make every effort to destroy the case asserted by the foreclosing party through vigorous and timely objections and brutal cross examination. Depending upon the rulings on objections and motions to strike testimony or documentary evidence, the defense should rest if there are no factual issues to present. This is especially true in cases without issues. If you don’t have the defense of payment or that the demand for reinstatement was inaccurate, there is nothing to present by the homeowner except for attempts at prejudicial comments about the lawyers and the servicers etc.

In a recent (August, 2016) case I had “without issues”, Patrick Giunta and I surprised the opposition by resting at the conclusion of the bank’s case. In nonjudicial states this is not so easy to do procedurally although it is possible in isolated instances. By resting at the conclusion of the bank’s case in a judicial foreclosure, the judge is forced to consider whether the evidence on the record supports a judgment for the plaintiff. Some judges will rule for the bank by the seat of their pants.

But by using objections vigorously, we had preserved multiple issues on appeal — namely we had excluded many pieces of evidence that were vital to the Plaintiff’s case. We were fortunate to have a judge that was serious about his job of being a judge. Like a jury would do, the judge took the case, the filings and the evidence into Chambers and read every page. He concluded that there were fatally defective elements and missing elements in the Plaintiff’s case and announced judgment for the homeowner.

In the final analysis the issue is always tacitly or explicitly legal and procedural standing. And one thing to keep in mind is that trial judges are not entirely persuaded by legal argument. But they ARE persuaded by facts admitted into evidence and facts excluded from evidence.

On a final note, I want remind practitioners that the admission of an objectionable document into evidence does two things: (1) it raises an issue for appeal and (2) it opens the door to challenge the probity of the evidence admitted. Once a document is admitted into evidence, it is in — in its entirety and for all purposes and for all parties.

For example when the PSA is admitted into evidence, make sure you have examined it and raise issues on cross examination as to whether it was signed, whether the exhibits were complete etc. Of course the main exhibit is the Mortgage Loan Schedule (MLS) which never contained real loans even where the PSA was complete and in many cases has no actual MLS exhibit, thus defeating the assertion that the Trust ever acquired any loan much less the loan of your client.

Filed under: foreclosure | Tagged: , , , , , , , , | 4 Comments »

Reminder: President of DOCX Pled Guilty to Fabricating and Forging Documents

Posted on February 8, 2016 by Neil Garfield
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 
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================================

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

—————-
Article by Lynn Symoniak

On November 20, 2012, Lorraine O’Reilly Brown, the former president of mortgage-document mill, DocX, LLC, a subsidiary of Lender Processing Services, pleaded guilty in federal court in Jacksonville, Florida to conspiracy to commit mail fraud and wire fraud.  DocX produced over one million mortgage assignments.  These assignments were used in foreclosures across the country. Brown admitted that she knew that these assignments were being prepared to use in foreclosures.

In tens of thousands of cases, these fraudulent documents were used by mortgage-backed trusts to show that the trust acquired a mortgage.  The information on these assignments was false – the trusts did not acquire the mortgages on the date set forth on these DocX Assignments.

Signatures were forged, notarizations were wrongly added to create an appearance of authenticity.  Job titles were falsely claimed.

Which trusts used these phony DocX-prepared mortgage assignments?  The trusts that used these Mortgage Assignments to foreclose include those listed below, with the name of the trustee following the name of the trust.

ABFC TRUSTS & TRUSTEES

ABFC 2004-OPT4 (Wells Fargo Bank)

ABFC 2005-OPT1 (Wells Fargo Bank)

ABFC 2005-HE1 (Wells Fargo Bank)

ABFC 2006-HE1 (U.S. Bank)

ABFC 2006-OPT1 (Wells Fargo Bank)

ABFC 2006-OPT2 (Wells Fargo Bank)

ABFC 2006-OPT3 (Wells Fargo Bank)

 

ACE SECURITIES CORP. HOME EQUITY LOAN TRUST & TRUSTEES

Ace Securities Corp. Home Equity Loan Trust Series 2004-OP1 (HSBC Bank)

Ace Securities Corp. Home Equity Loan Trust Series 2006-NC1 (HSBC Bank)

Ace Securities Corp. Home Equity Loan Trust Series 2006-OP1 (HSBC Bank)

Ace Securities Corp. Home Equity Loan Trust Series 2006-OP2 (HSBC Bank)

Ace Securities Corp. Home Equity Loan Trust Series 2007-HE5 (HSBC Bank)

 

AMERICAN HOME MORTGAGE ASSETS TRUSTS & TRUSTEES

AHM Assets Trust, 2005-1 (Deutsche Bank)

AHM Assets Trust, 2005-2 (Deutsche Bank)

AHM Assets Trust, 2006-1 (Deutsche Bank)

AHM Assets Trust, 2006-2 (Deutsche Bank)

AHM Assets Trust, 2006-3 (Citibank Bank)

AHM Assets Trust, 2006-4 (Citibank Bank)

AHM Assets Trust, 2006-5 (Deutsche Bank)

AHM Assets Trust, 2006-6 (Deutsche Bank)

AHM Assets Trust, 2007-1 (Deutsche Bank)

AHM Assets Trust, 2007-2 (Deutsche Bank)

AHM Assets Trust, 2007-3 (Deutsche Bank)

AHM Assets Trust, 2007-4 (Deutsche Bank)

AHM Assets Trust, 2007-5 (Deutsche Bank)

AHM Assets Trust, 2007-6 (Deutsche Bank)

 

AMERICAN HOME MORTGAGE INVESTMENT TRUSTS & TRUSTEES

AHM Investment Trust, 2004-2 (Wells Fargo Bank)

AHM Investment Trust, 2004-3 (Citibank)

AHM Investment Trust, 2004-4 (Bank of NY)

AHM Investment Trust, 2005-1 (Deutsche Bank)

AHM Investment Trust, 2005-2 (Deutsche Bank)

AHM Investment Trust, 2005-3 (Deutsche Bank)

AHM Investment Trust, 2005-4 (U.S. Bank)

AHM Investment Trust, 2006-1 (Deutsche Bank)

AHM Investment Trust, 2006-2 (Deutsche Bank)

AHM Investment Trust, 2006-3 (Deutsche Bank)

AHM Investment Trust, 2007-1 (Deutsche Bank)

AHM Investment Trust, 2007-2 (Deutsche Bank)

AHM Investment Trust, 2007-SD1 (Deutsche Bank)

 

AMERIQUEST MORTGAGE SECURITIES TRUSTS & TRUSTEES

Ameriquest Mortgage Securities Trust 2003-5 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2003-8 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2003-AR1 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2004-R3 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2004-R7 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2004-R9 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R1 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R2 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R3 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R4 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R5 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R6 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R7 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R8 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R9 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R10 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2005-R11 (Deutsche Bank)

Ameriquest Mortgage Securities Trust ARSI 2006-M3 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2006-R1 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2006-R2 (Deutsche Bank)

Ameriquest Mortgage Securities Trust 2006-R7 (Deutsche Bank)

 

ARGENT SECURITIES INC. TRUSTS & TRUSTEES

Argent Securities, Inc. 2003-W3 (Deutsche Bank)

Argent Securities, Inc. 2003-W6 (Deutsche Bank)

Argent Securities, Inc. 2004-W10 (Deutsche Bank)

Argent Securities, Inc. 2004-W11 (Deutsche Bank)

Argent Securities, Inc. 2005-W1 (Deutsche Bank)

Argent Securities, Inc. 2005-W2 (Deutsche Bank)

Argent Securities, Inc. 2005-W3 (Deutsche Bank)

Argent Securities, Inc. 2005-W4 (Deutsche Bank)

Argent Securities, Inc. 2005-W5 (Deutsche Bank)

Argent Securities, Inc. 2006-M1 (Deutsche Bank)

Argent Securities, Inc. 2006-M2 (Deutsche Bank)

Argent Securities, Inc. 2006-W1 (Deutsche Bank)

Argent Securities, Inc. 2006-W2 (Deutsche Bank)

Argent Securities, Inc. 2006-W3 (Deutsche Bank)

Argent Securities, Inc. 2006-W4 (Deutsche Bank)

Argent Securities, Inc. 2006-W5 (Deutsche Bank)

 

ASSET-BACKED SECURITIES CORP. TRUSTS & TRUSTEES

AB Securities Corp. Home Equity Loan Trust, Series 2003-HE6 (Wells Fargo Bank)

AB Securities Corp. Home Equity Loan Trust, Series 2004-HE3 (Wells Fargo Bank)

AB Securities Corp. Home Equity Loan Trust, Series 2005-HE5 (U.S. Bank)

AB Securities Corp. Home Equity Loan Trust, Series OOMC 2005-HE6 (Wells Fargo Bank)

AB Securities Corp. Home Equity Loan Trust, Series OOMC 2006-HE3 (U.S. Bank)

AB Securities Corp. Home Equity Loan Trust, Series OOMC 2006-HE5 (U.S. Bank)

 

BANC OF AMERICA FUNDING CORP. TRUSTS & TRUSTEES

Banc of America Funding Corp. Mort. PT Certs., 2008-1 (U.S. Bank)

 

BEAR STEARNS AB SECURITIES I TRUSTS & TRUSTEES

Bear Stearns AB Securities I Trust 2006-AC3 (U.S. Bank)

 

CARRINGTON MORTGAGE LOAN TRUSTS & TRUSTEES

Carrington Mortgage Loan Trust, Series 2005-OPT2 (Deutsche Bank)

Carrington Mortgage Loan Trust, Series 2006-OPT1 (Wells Fargo Bank)

 

CITIGROUP MORTGAGE LOAN TRUSTS & TRUSTEES

Citigroup Mortgage Loan Trust, Series 2004-OPT1 (Wells Fargo)

Citigroup Mortgage Loan Trust, Series 2005-OPT3 (Deutsche Bank)

Citigroup Mortgage Loan Trust, Series 2005-OPT4 (Wells Fargo Bank)

Citigroup Mortgage Loan Trust, Series 2006-AMC1 (Deutsche Bank)

Citigroup Mortgage Loan Trust, Series 2006-HE2 (U.S. Bank)

Citigroup Mortgage Loan Trust, Series 2007-SHL1 (HSBC Bank)

 

DEUTSCHE ALT-A SECURITIES MORT. LOAN TRUSTS & TRUSTEES

Deutsche Alt-A Securities Mort. Loan Trust, 2006-AR6 (HSBC Bank)

Deutsche Alt-A Securities Mort. Loan Trust, 2007-1(HSBC Bank)

 

DEUTSCHE ALT-B SECURITIES MORT. LOAN TRUSTS & TRUSTEES

Deutsche Alt-B Securities Mort. Loan Trust, 2006-AB2 (HSBC Bank)

Deutsche Alt-B Securities Mort. Loan Trust, 2006-AB3 (HSBC Bank)

Deutsche Alt-B Securities Mort. Loan Trust, 2006-AB4 (HSBC Bank)

Deutsche Alt-B Securities Mort. Loan Trust, 2007-AB1 (HSBC Bank)

 

GSAA HOME EQUITY TRUST & TRUSTEES

GSAA Home Equity Trust 2006-6 (U.S. Bank)

GSAA Home Equity Trust 2006-9 (U.S. Bank)

GSAA Home Equity Trust 2006-10 (Deutsche Bank)

GSAA Home Equity Trust 2006-11 (Deutsche Bank)

 

GSAMP TRUSTS & TRUSTEES

GSAMP 2004-OPT (Deutsche Bank)

 

GSR NORTGAGE LOAN TRUSTS & TRUSTEES

GSR Mortgage Loan Trust 2006-AR1 (U.S. Bank)

GSR Mortgage Loan Trust 2006-OA1 (Deutsche Bank)

 

HARBORVIEW MORTGAGE LOAN TRUSTS & TRUSTEES

Harborview Mortgage Loan Trust 2006-7 (Deutsche Bank)

Harborview Mortgage Loan Trust 2006-14 (Deutsche Bank)

Harborview Mortgage Loan Trust 2007-2 (Deutsche Bank)

Harborview Mortgage Loan Trust 2007-5 (Deutsche Bank)

 

HSI ASSET SECURITIZATION CORP. “OPT” TRUSTS AND TRUSTEES

HSI Asset Securitization Corp., 2005-OPT1 (Deutsche Bank)

HSI Asset Securitization Corp., 2006-OPT1 (Deutsche Bank)

HSI Asset Securitization Corp., 2006-OPT2 (Deutsche Bank)

HSI Asset Securitization Corp., 2006-OPT3 (Deutsche Bank)

HSI Asset Securitization Corp., 2006-OPT4 (Deutsche Bank)

HSI Asset Securitization Corp., 2007-HE1 (Deutsche Bank)

HSI Asset Securitization Corp., 2007-OPT1 (Deutsche Bank)

HSI Asset Loan Obligation Trust, 2007-AR1 (Deutsche Bank)

 

IXIS TRUSTS & TRUSTEES

IXIS Real Estate Capital Trust 2006-HE1 (Deutsche Bank)

 

JP MORGAN ACQUISITION CORP. TRUSTS & TRUSTEES

JP Morgan Acquisition Corp. 2005-OPT1 (U.S. Bank)

JP Morgan Acquisition Corp. 2005-OPT2 (U.S. Bank)

 

LUMINENT MORTGAGE TRUSTS & TRUSTEES

Luminent Mortgage Trust 2006-7 (HSBC Bank)

 

MASTR ADJUSTABLE RATE MORTGAGES TRUSTS & TRUSTEES

MASTR Adjustable Rate Mortgages Trust 2006-OA1 (U.S. Bank)

MASTR Adjustable Rate Mortgages Trust 2007-1 (U.S. Bank)

 

MASTR ALTERNATIVE LOAN TRUSTS & TRUSTEES

MASTR Alternative Loan Trust 2006-2 (Bank of New York)

 

MASTR ASSET-BACKED SECURITIES TRUSTS & TRUSTEES

MASTR Asset-Backed Securities Trust 2003-OPT2 (Wells Fargo)

MASTR Asset-Backed Securities Trust 2004-OPT2 (Wells Fargo)

MASTR Asset-Backed Securities Trust 2005-OPT1 (Wells Fargo)

 

MERRILL LYNCH MORT. INVESTORS TRUSTS & TRUSTEES

Merrill Lynch Mort. Investors Trust, 2004-OPT1 (Wells Fargo Bank)

Merrill Lynch Mort. Investors Trust, 2006-OPT1 (U.S. Bank)

 

MORGAN STANLEY ABS CAPITAL I, INC. TRUSTS & TRUSTEES

Morgan Stanley ABC Capital I, Inc. Trust 2004-OP1 (Deutsche Bank)

Morgan Stanley ABC Capital I, Inc. Trust 2005-HE1 (Deutsche Bank)

Morgan Stanley ABC Capital I, Inc. Trust 2005-HE2 (Deutsche Bank)

Morgan Stanley ABC Capital I, Inc. Trust 2007-NC3 (Deutsche Bank)

 

NOMURA HOME EQUITY TRUSTS & TRUSTEES

Nomura Home Equity Loan 2005-HE1 (HSBC Bank)

 

NOVASTAR MORTGAGE FUNDING TRUSTS & TRUSTEES

Novastar Mortgage Funding Trust 2007-2 (Deutsche Bank)

 

OPTION ONE MORTGAGE LOAN TRUSTS AND TRUSTEES

Option One Mortgage Loan Trust, 2003-1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2003-2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2003-3 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2003-4 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2004-1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2004-2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2004-3 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2005-1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2005-2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2005-3 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2005-4 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2006-1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2006-2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2006-3 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-3 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-4 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-5 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-6 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-CP1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-FXD1 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-FXD2 (Wells Fargo Bank)

Option One Mortgage Loan Trust, 2007-HL1 (HSBC Bank)

 

QUEST TRUSTS & TRUSTEES

Quest Trust 2006-X1 (Deutsche Bank)

 

SAXON ASSET TRUSTS & TRUSTEES

Saxon Asset Securities Trust 2005-2 (Deutsche Bank Americas)

 

SECURITIZED ASSET-BACKED RECEIVABLES, LLC TRUSTS AND TRUSTEES

Securitized AB Receivables, LLC 2004-OP1 (Wells Fargo)

Securitized AB Receivables, LLC 2004-OP2 (Wells Fargo)

Securitized AB Receivables, LLC 2005-OP2 (Wells Fargo)

Securitized AB Receivables, LLC 2006-OP1 (Wells Fargo)

 

SECURITIZED ASSET INVESTMENT LOAN TRUSTS & TRUSTEES

Securitized Asset Investment Loan Trust 2004-4

 

SG MORTGAGE SECURITIES TRUSTS & TRUSTEES

SG Mortgage Securities Trust 2005-OPT1 (HSBC Bank)

SG Mortgage Securities Trust 2005-OPT2 (HSBC Bank)

SG Mortgage Securities Trust 2006-OPT2 (HSBC Bank)

 

SOUNDVIEW HOME LOAN “OPT” TRUSTS AND TRUSTEES

Soundview Home Loan Trust, 2005-OPT1 (Deutsche Bank)

Soundview Home Loan Trust, 2005-OPT2 (Deutsche Bank)

Soundview Home Loan Trust, 2005-OPT3 (Deutsche Bank)

Soundview Home Loan Trust, 2005-OPT4 (Deutsche Bank)

Soundview Home Loan Trust, 2006-OPT1 (Deutsche Bank)

Soundview Home Loan Trust, 2006-OPT2 (Deutsche Bank)

Soundview Home Loan Trust, 2006-OPT3 (Deutsche Bank)

Soundview Home Loan Trust, 2006-OPT4 (Deutsche Bank)

Soundview Home Loan Trust, 2006-OPT5 (Deutsche Bank)

Soundview Home Loan Trust, 2007-OPT1 (Wells Fargo Bank)

Soundview Home Loan Trust, 2007-OPT2 (Wells Fargo Bank)

Soundview Home Loan Trust, 2007-OPT3 (Wells Fargo Bank)

Soundview Home Loan Trust, 2007-OPT4 (Wells Fargo Bank)

Soundview Home Loan Trust, 2007-OPT5 (Wells Fargo Bank)

 

STRUCTURED ASSET INVESTMENT LOAN TRUSTS & TRUSTEES

Structured Asset Investment Loan Trust 2003-BC9 (Bank of America)

Structured Asset Investment Loan Trust 2004-11 (Bank of America)

Structured Asset Investment Loan Trust 2005-3 (U.S. Bank)

 

STRUCTURED ASSET MORTGAGE INVESTMENTS II , INC. TRUSTS & TRUSTEES

Structured Asset Mort. Investments II, Inc. 2006-AR5 (JP Morgan Chase)

 

STRUCTURED ASSET SECURITIES CORP. TRUSTS & TRUSTEES

Structured Asset Securities Corp. 2003-BC10 (U.S. Bank)

Structured Asset Securities Corp. 2003-BC11 (U.S. Bank)

Structured Asset Securities Corp. 2004-3 (U.S. Bank)

Structured Asset Securities Corp. 2005-OPT1 (U.S. Bank)

Structured Asset Securities Corp. 2005-SC1 (U.S. Bank)

Structured Asset Securities Corp. 2006-BC2 (U.S. Bank)

Structured Asset Securities Corp. 2006-BC6 (U.S. Bank)

Structured Asset Securities Corp. 2006-OPT1 (Wells Fargo Bank)

 

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