Fraudclosure Takes a Hit, the REMICS Have Failed

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Fraudclosure Takes a Hit, the REMICS Have Failed

By George Mantor

Finally, in Glaski v. Bank of America, N.A., before the California Court of Appeals, the ruling that many of us have been grinding to get to for nearly five years was certified for publication. Many others better qualified than I will be writing about the details and what it means to those facing foreclosure. I will monitor that and collect the relevant material for a workshop.

Here is the essence of Glaskis successful appeal from the court Registry of Actions.

Appellant Glaski contends that the parties to the foreclosure lacked the authority to foreclose because the beneficial interest created by his deed of trust was not actually held by a party to the foreclosure process. Glaski supports this contention by alleging two separate and distinct breaks in the chain of title of that beneficial interest. The matters raised in this letter concern the alleged break in the chain resulting from the ineffective attempt to transfer Glaskis deed of trust to the securitized trust for WaMu Mortgage Pass Through Certificates Series 2005-AR17. Glaski has alleged that (i) the securitized trust was formed under New York law and (ii) the attempted transfer occurred “after the Closing Date pursuant to the PSA [Pooling and Servicing Agreement] and the requirements for a REMIC [Real Estate Mortgage Investment Conduit] Trust.”

More importantly, as I and others have argued for years, this practice applies to virtually all mortgage pools. If you are upside down on your mortgage, this would be a very good time to beat your banksta into a significant, permanent modification. Both you and they know they do not have the Note.

The Original Promissory Note and the Deed of Trust were supposed to go to the custodian for the trustee prior to the closing period of the pool. They were shredded.

Sure, they were copied; but copies don’t cut it. A Promissory Note is as negotiable as money if it is properly endorsed.

A copy is worthless…in the real world. But in the world of Wall Street, copies, and slices of copies are sold over and over again to entities that have no idea that the referenced mortgages have been, digitized and rehypothicated, and referenced as collateral in multiple pools.

This is the direct result of global monetary policy. When you print unlimited amounts of fiat money and give it to entities like Goldman Sachs and Chase all real assets are quickly bought up. The globe is out of things to do with the money and the theory was that this quantitative easing would force the creation of jobs. Instead, it led to counterfeiting on such an epic scale that the only way to measure it is with a calculator that goes to sixteen digits, something never before needed in the history of man.

Nonetheless, millions of fraudclosures were pulled off by means of photo-shopped documents.

As good news as this may be for homeowners willing to take action, the really big story is that the trustees for the pools have failed to perform their duties and have left the bondholders to now absorb huge tax penalties. Hey, NSA, contact someone over at the IRS and let them know that there are billions of taxes waiting to be collected.

Despite the media and their bloviating blogger trolls posting everywhere that deadbeat homeowners shouldn’t get a break because of a few paperwork errors, the truth is coming to light. And it is a massive crime wave in progress.

Those so called paperwork errors are actually evidence of a colossal, years in the making, global fraud. No amount of whitewash is going to make that go away.

The documents used in fraudclosures are forgeries, plain and simple. But, in creating these obvious forgeries, in their rush to foreclose on any loan they could, they created the very evidence that proves the Notes never went to the custodians of the trustee.

Remember, the loans were new loan varieties designed by Wall Street actuaries who study risk for a living. They knew what features increased the likelihood of borrowers defaulting, and those were the loans that were pushed and highly compensated for.

And those were the loans selected by John Paulson for a pool called Abacus on which he bought credit default swaps that paid him over $1 billion when within a year the loans in the pool failed exactly as they were designed to.

Wall Street kept most of the money intended for loans; set some aside to make initial payments on pools of nonexistent borrowers, bought default insurance for multiple times the collective value of the loan pools, and pocketed the rest. The defaults occurred as planned and they collected again on the insurance while receiving tax payer’s money in the ongoing bailouts. Triple rip-off.

MERS was designed to hide the fact that Wall Street was not the party with the right to the payment, hence not the creditor.

LPS created DOCX to paper over the fact that Wall Street was not the proper party to foreclose. They only got away with it a few million times…until now.

Blaming the borrowers is a smoke-screen deliberately pushed forward as a way to distract attention from the truth. The borrowers are actually insignificant and the foreclosures are nothing compared to all of the loans that never had a borrower.

When they start unwinding this, the real secret will come to light. Many of the pools are made up of fantasy loans that are either complete fiction, or duplicates of loans supposedly assigned to other pools. If hedge funds and pensions were buying, why let a lack of borrowers, even unqualified ones, slow them down?

Just buy more insurance. Look at Jon Paulson and Fabrice (Fabulous Fab) Torre, who has now been convicted.

When the REMICS fail, the great global derivatives fraud will implode on the fiction it is comprised of, and then it is anybody’s guess what happens next.

Out of the court in California come three Swans in black robes.

Will there finally be justice for millions who were nothing more than hand-picked victims of organized crime. Will judges put an end to the pervasive fraud upon the court?

Judges have seen this argument before but they simply shrug-off the fictional filings.

I recently heard this exchange between a lawyer and a Superior Court Judge.

“Judge, these documents are obvious fiction.”

“Counselor, how does that prejudice your client, they haven’t made a payment in three years?”

“I understand your honor, setting aside that they were told by Litton to stop making their payment in order to receive a loan modification under the HAMP program, these are not the people with the right to foreclose…”

“I’m going to cut you off counselor. I’ll let smarter people than I figure it out. Right now I have a ruling to make and these people are the only ones here to foreclose on this loan today.”

Glaski is headed back to Superior Court for further deliberations. Thus, while the appeal court got it right as to the pooling and servicing agreement, the case itself is not resolved.

It may however lead to more scrutiny of the assets in the pools and the tax implications could be staggering. At the very least, it puts some teeth in my argument that the vast majority of fraudclosures are intentional fraud upon the court and the whole thing is nothing more than the biggest Ponzi scheme ever. R.I.C.O. violations abound.

~

4closureFraud.org

Comments
16 Responses to “Fraudclosure Takes a Hit, the REMICS Have Failed”
  1. Hallen says:

    THIS IS THE EXTENT OF THE FRAUD DONE TO THE AMERICAN PUBLIC EVERY SINGLE DAY
    and how it changes from LENDER TO INVESTOR TO SHAREHOLDER TO REMIC to TRUSTEE OF THE REMIC TO SERVICER TO DEBT COLLECTOR

    THE SCAM IS PERPETRATED BY YOUR SO-CALLED LENDER. THEY ADVERTISE THAT THEY OFFER LOANS. THEY WORK WITH MORTGAGE BROKERS NETWORKS NATIONWIDE TO GET CUSTOMERS TO APPLY FOR THE LOAN .ONCE THE LOAN IS APPROVED THE LOANS ARE PLACED INTO A REMIC(REAL ESTATE MORTGAGE INVESTMENT CONDUIT)THE LENDER THEN WAITS FOR THE PAPERWORK TO BE SIGNED.

    ONCE SIGNED IT IS IMMEDIATELY TRANSFERRED INTO THE REMIC. ONCE THE REMIC HAS ENOUGH LOANS IT GETS REGISTERED ONTO THE SEC DATABASE AND GETS CONVERTED AND TRADED AS A STOCK. THEN THE LENDER SWITCHES THEIR POSITION FROM LENDER TO SERVICER OF THE NOTE.

    UNDER FAS-140 ONCE AN ASSET HAS BEEN SOLD THE LENDER
    FOREVER LOSES CONTROL OF THE ASSET. IN OTHER WORDS THEY NO LONGER OWN OR CONTROL THE LOAN. THEY ACT AS A SERVICER FOR THE LOAN, WITH THE PROCEEDS GOING DIRECTLY INTO THE REMIC TO BE DISTRIBUTED TO THE SHAREHOLDERS.
    THE REAL PARTY IN INTEREST HAS THE TAX LIABILITY TO AVOID DOUBLE TAXATION ,BANKS PUT THESE LOANS INTO SPV’S (SPECIAL PURPOSE VEHICLES) SO THAT THEY DON’T GET TAXED ON THEM .THIS IS COVERED UNDER INTERNAL REVENUE TAX860.

    THIS WAY THE SHAREHOLDERS ARE TAXED ITS CALLED A PASS-THROUGH TAX AND SINCE THE BANKS CHOSE TO HAVE A DISTRIBUTED PARTY OF INTEREST SCHEME TO AVOID PAYING TAXES TWICE,THEY FOUND THAT IF NO ONE ENTITY IS THE REAL PARTY IN INTEREST,THEN EACH SHAREHOLDER OF THE REMIC IS.

    THE QUESTION IS WHO HAS THE RIGHT TO FORECLOSE? THE ANSWER IS NO ONE, SINCE THERE ARE THOUSANDS OF SHAREHOLDERS THAT OWN A TINY PART OF YOUR PROMISSORY LOAN,CAN ANY ONE OF THEM FORECLOSE ON YOUR HOUSE. NO. THE PROMISSORY NOTE IS ONLY ENFORCEABLE IN ITS WHOLE ENTIRETY.
    THIS IS THE NATURE OF THE FRAUD THAT HAS DECEIVED THE COURTS AND THE BORROWERS , AND THE JUDGES THAT THEY ARE THE REAL PARTIES OF INTEREST WHEN THEY STEAL YOUR HOUSE AND HERES HOW THEY GOT AWAY WITH IT.

    REMEMBER SINCE THE LENDER IS JUST A SERVICER ,THEY DO NOT OWN THE NOTE. THEY CAN ONLY ACT AS A SERVICING AGENT .

    PLEASE REFER TO CFR TITLE 12: BANKS AND BANKING ,PART 226- TRUTH IN LENDING (REGULATION Z) THESE ARE CODIFIED LAWS OF BANKING . IT DEFINES WHO THE LENDER IS, AND WHAT THE RIGHTS OF A SERVICER ARE:,SPECIFICALLY IT REFERS IN 226 (A) 1 THAT A SERVICER IS NOT TREATED AS THE OWNER OF THE OBLIGATION.

    IF THE SERVICER WAS TO BUY A NOTE BACK AFTER IT HAS BEEN SECURITIZED ,REATTACHMENT OF THE LOAN/NOTE TO THE MORTGAGE IS IMPOSSIBLE.

    1)PERMANENT CONVERSION
    THE PROMISSORY NOTE HAS BEEN CONVERTED INTO A STOCK AS A PERMANENT FIXTURE AND IS FOREVER CHANGED.IT IS NOW A AND FOREVER A STOCK. TREATED AS A STOCK AND GOVERENED AS A STOCK UNDER THE SEC.

    SINCE THE MORTGAGE SECURES THE PROMISSORY NOTE ,ONCE THE PROMISSORY NOTE IS DESTROYED ,THE MORTGAGE SECURES NOTHING.

    2) THE ASSET HAS BEEN WRITTEN OFF THE DEBT IS DISCHARGED ,SINCE THE OWNER OF THE ASSET HAS RECEIVED COMPENSATION FOR THE DISCHARGE IN THE FORM OF TAX CREDITS FROM THE IRS. THE DEBT IS SETTLED.

    THE SERVICER ACTS NOW AS A DEBT COLLECTOR OF AN UNSECURED NOTE,THE SERVICER IS DECEIVING THE COURT,THE COUNTY,AND THE BORROWER WHEN IT TRIES TO RE-ATTACH THE PROMISSORY NOTE TO THE MORTGAGE AS IF NOTHING HAS HAPPENED. IT IS CALLED ADHESION

    THE FUNNY THING ABOUT THIS LAW IS,IT IS LEGAL UNLESS THE OTHER PARTY OBJECTS. SINCE IT IS SO DEVIOUS,IT IS BEYOND COMPREHENSION OF MOST PEOPLE …INCLUDING THE LAWYERS AND JUDGES. IT TAKES SOMEONE WHO HAS STUDIED ACCOUNTING,SECURITIES AND LAW TO UNRAVEL THIS DECEPTION. MOST PEOPLE IN THE LEGAL PROFESSION ONLY TAKE THE ARGUMENTS ON FACE VALUE.

    3) UNDER THE UNIFORM COMMERCIAL CODE (UCC) THE PROMISSORY NOTE IS ONE OF A KIND INSTRUMENT .ALL ASSIGNMMENTS (MUCH LIKE THE ENDORCEMENTS ON THE BACK OF A CHECK) HAVE TO BE DONE AS A PERMANENT FIXTURE ONTO THE ORIGINAL PROMISSORY NOTE. THE ORIGINAL PROMISSORY NOTE HAS THE ONLY LEGALLY BINDING CHAIN OF TITLE . WITHOUT THE PROPER CHAIN OF TITLE ,THE INSTRUMENT IS FAULTY.

    RARELY A LENDER CAN “PRODUCE THE NOTE” BECAUSE BY LAW ,THE ORIGINAL NOTE HAS TO BE DESTROYED REMEMBER? THE NOTE AND THE STOCK CANNOT EXIST AT THE SAME TIME. HOWEVER OCWEN STATED TO ME IN A LETTER ON JUNE 18,TH 2014 THAT THE ENTITY THAT CURRENTLY OWNED THE LOAN AND HOLDS THE NOTE WAS LEHMAN XS TRUST SERIES 2006-GP4 AND YOU CANNOT HAVE A
    A STOCK AND A LOAN AT THE SAME TIME. IT IS A FORM OF SECURITY FRAUD.

    I TRIED TO SUBMIT THAT LETTER AS EVIDENCE BUT IT WAS ONE OF 2 PAGES AND OCWENS LAWYER OBJECTED TO ME SUBMITTING WITHOUT THE SECOND PAGE AND THE MAGISTRATE WOULD’NT LET IT BE SUBMITTED,BUT I DO HAVE THE SECOND PAGE.

    ONCE A NOTE HAS BEEN SECURITIZED THE NOTE IS NO LONGER. ANYTHING THE LENDER BRINGS TO COURT AS EVIDENCE IS PRIMA FACIA EVIDENCE OF FRAUD. THE ATTORNEY FOR THE LENDER IS EITHER AN ACCESSORY TO FRAUD THROUGH IGNORANCE OR WILLFUL INTENT. THIS DECEPTION NEEDS TO BE BROUGHT TO LIGHT SO THESE LAWYERS CAN BE SANCTIONED.

    SO THE LENDER WOULD CLOSE YOUR LOAN AND SELL IT TO REMIC AND GET PAID. ONCE THE LOAN GOES TO DEFAULT ,
    THEN THE LOAN IS THEN WRITTEN OFF . THE LOAN IS THEN BOUGHT BY THE SAME LENDER IN THE OPEN SECONDARY MARKET AS A DEAD/UNSECURED NOTE FOR PENNIES ON THE DOLLAR.

    TO BE ABLE TO PULL THIS STUNT OFF,EVERY LENDER INVOLVED IN THIS SCHEME IS REQUIRED TO ACT IN COLLUSION.
    ONCE THE SERVICER BUYS THE DEAD NOTE ,THEY THEN CLAIM TO BE THE TRUE HOLDER IN DUE COURSE OF A WRITTEN OFF ASSET. THEY THEN PRESENT TO THE WORLD THEY ARE WHO THEY CLAIM. THEY RELY ON THE HOMEOWNER TO BE IGNORANT OF THIS DECEPTION AND CLEAN UP,ALLOWING THEM TO TAKE POSSESSION OF A HOUSE FOR PENNIES ON THE DOLLAR. THIS IS THE EXTENT OF THE FRAUD DONE TO THE AMERICAN PUBLIC EVERY SINGLE DAY.

  2. Mike Drouin says:

    I can’t tell you how good it feels after carrying this gorilla on my back for three and a half years and counting , that the truth of what has been going on and going through my mind continuously day after day , is being expressed and realized . But ….The Banks are not the only one’s that need to be held accountable ! This was perpetrated under the shield of law . In other words the legislation was bought and paid for through Congress !?!? SO….. Congress needs to be held accountable , The President needs to be held accountable , the judiciary needs to be held accountable , all the States Justice departments need to be held accountable for taking a twenty five billion dollar settlement to stand down !
    This is not just a crime against the people , but against what we stand for as a people and nation ! My prayer is that the embodiment of Truth that is in GOD’S Son would hang in the balances against all involved and true Justice be achieved , no matter what the cost ….

  3. j Alonzo says:

    Every time I hear a judge say, Well your client has not made his payments and they hand over a house just to any bank. Makes me think that we should just foreclosure on each other. Find a friend who is in default and just do what the banks do. Make up legal documents to state you own the home and just take it and transfer it free and clear to them, but that would be a crime that we the Sheeple would be held accountable for. Yet are own judges let banks steal homes they dont own.

  4. This almost happened to me Am so glad that I didn’t sign the mod agreeement. If anybody does sign the agreement then the bank will let you down on a mod because they can’t do it anyways and soon will be in foreclosuse because they just baiting you into there trap when sign the agreement with a new wet link signature that the bank never had a wet ink signature to covering up there fraud creating a new good loan from a bad loan on paper, leaving you without a home.

  5. John says:

    Thanks, George for all the good info. I’m defending my family against Citi’s second foreclosure complaint, pro se. They filed their second MSJ, and I have about 30 days to reply with, probably, my own MSJ. If I win, fraud, RICO, PSA violations, etc. will abound. -John

  6. Why on earth would any homeowner want to sign a new mod contract with a crook whom 1. been paid over and over for their criminal acts, 2. has no authority or right to do a mod with you, does not own the note, 3. and you may owe to someone else some day unless you get quiet title? In Washington State there is a statute you will find in the Washington V RECONTRUST case filed by Rob McKenna that states if you pay the wrong person you still owe the correct party. WHY WOULD ANYONE SIGN A NEW AGREEMENT WITH A CROOKED FRAUD? That makes no sense to me.

    • John says:

      Probably because they bought into the guilt trip of the banks. “Well, you know Blanche, we haven’t paid one thin dime on this mortgage for a long time, and they just want their money.” AAAHHH!!!

  7. project_wolverine says:

    (When they start unwinding this, the real secret will come to light. Many of the pools are made up of fantasy loans that are either complete fiction, or duplicates of loans supposedly assigned to other pools)
    If the deed to your home was recorded twice in the county clerks office could this be an indication that your mortgage is involved in more then one pooling and servicing agreement and if one day you find out your social security number was being used on another tax return could this be an indication that somebody is using that second fake PSA on another tax return.

  8. JohnR says:

    I feel it my patriotic duty to voice my disagreement with a part of what this article states… it says; “Hey, NSA, contact someone over at the IRS and let them know that there are billions of taxes waiting to be collected.” My disagreement with that statement is this, with the average Trust being around $1.5 Billion and there being well over 1000 Trusts… and considering the IRS mandatory penalty for blowing the REMIC status of the Trust being the taxation of the assets of the trusts at 100%… if we just multiply the $1.5 Billion X’s 1000 trusts we get $1.5 TRILLION in taxes! Are you listening NSA? Consider this an official whistleblower complaint! JohnR

    • The note says:

      Has anyone argued successfully recently on the state level as to why a borrower should continue to blindly make payments to a servicer who cannot validate the debt, admits in writing in writing they do not hold the note but are collecting payments in the name of a trust closed in 2005…it is all in black and white at Edgar.sec…the trust is closed and cannot provide an accounting.??

      • The note says:

        Additionally, a trust which is closed cannot provide a satisfaction.

      • The banks have been living in a delusional fairy tale while the homeowners have been living in the twilight zone of hell. This same question has crossed my mind many times, however the homeowners have been held hostage to the farce fraud fairytale by judges blockading justice and sheriffs doing their bidding of the banks while denying this is a crime, when other wise the sheriffs would tell you they this is a civil matter, they can not get involved. But they can run you out on a fabricated fraud assignment just because the thief says so. . It appears no one should be paying funds to these thieves. The law has to protect us for doing what is lawful and contractual or the risk of losing your home has been to high. Kind of like being right but being dead right. The banks crimes have been supported by the lawless judicial system and the sheriffs department. Makes it hard to stand our grounds and causing homeowners and their attorneys to deal with the devil or lose the house. There has been very little justice in most courts. It is changing for the better day by day. The corrupt judges should be wearing egg on their faces and be disbarred.And see how easy it is for them to find a job that pays their bills after the economic harm done by the banks. 18USC 4 can actually put the judges and bank lawyers in prison.

      • it may be possible they owe treble damages. 1.5 Trillion in taxes times treble !

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