You Want To Know Why…. Securitization Fail: PHOENIX LIGHT, et al v JPMORGAN CHASE & CO, et al

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“Excerpt: 1002. The need to fabricate or fraudulently alter mortgage assignment documentation provides compelling evidence that, in many cases, title to the mortgages backing the certificates plaintiffs purchased was never properly or timely transferred. This fact is confirmed by an investigation conducted by plaintiffs concerning one of the specific offerings at issue herein, which revealed that the vast majority of loans underlying the offering were not properly or timely transferred to the trust.”

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The Market Ticker – You Want To Know Why….

every single one of the large financial institutions deserves to be closed and dissolved, their officers imprisoned and every single one of the regulators involved, including The Fed, SEC, OTS and OCC should be thrown in the gulag, fed stale bread and water and then eaten by wild hogs?

This is why:

Read that a few times — however many times you need to.

Out of the entire sample in this so-called REMIC not one of the surveyed loans actually was timely deposited into the trust and of them about half were NEVER deposited at all. 

Under the law the Trust is thus void.

It does not exist because as a REMIC all the assets had to be in the trust by the grace period (not two years later) or it cannot be organized as a pass-through tax entity and the rest of the so-called “assets” were never deposited at all.  Without one legitimate asset as discovered in this audit the trust is an empty box — it has no corpus!

But this empty shell has behaved as an actual trust.  It has directed a servicer to process payments.  It has foreclosed on people who didn’t make payments.  It has distributed funds to certificate holders who in fact paid good money for nothing whatsoever as there’s nothing in there.

EVERY SINGLE PERSON WHO PAID TO SAID SERVICER WAS SCREWED AS THEY DID NOT PAY THE ACTUAL OWNER OF THE DEBT IN QUESTION, EVERY SINGLE INVESTOR WHO BOUGHT SAID “CERTIFICATES” AND GAVE GOOD FUNDS FOR NOTHING WAS ROBBED AND EVERY SINGLE ACT DIRECTED BY THE HAND OF THIS NON-CONSTITUTED ENTITY THAT CLAIMS TO EXIST BUT HAS NO CORPUS AS IT HAS NOTHING LEGALLY DEPOSITED AND PRESENT IN IT DID NOT THEN AND DOES NOT NOW HAVE LAWFUL BASIS.

This is not a box of chocolates that was in fact dog turds, it is an empty box containing nothing.

This is not an accident.  This is not a “few” loans that didn’t get where they were supposed to on time due to technicalities or processing errors.  This is an empty vessel that was represented up and down the line from inception onward as a fully-functional and legally-constituted investment vehicle  that exercised powers it did not have because it in fact possessed nothing.

Not only did the principals involved in this not do anything about this the regulatory apparatus — from The Fed to the OCC to the OTS to the SEC to Tim Geithner and President Obama didn’t do anything about it either, not then and not now.

WHY should you, I or anyone else have any obligation to any so-called “law” when this sort of abject and outrageous abuse goes on for years and it takes a lawsuit to perform any sort of diligence upon the corpus of this so-called trust – and when that is done what is found is an empty ****ing box!

WHERE ARE THE DAMNED HANDCUFFS AND WHY ARE YOU PUTTING UP WITH THIS CRAP AMERICA?

And by the way, I asserted exactly this had happened more than five years ago.  Now we have proof.

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PHOENIX LIGHT, et al v JPMORGAN CHASE & CO, et al

Comments
10 Responses to “You Want To Know Why…. Securitization Fail: PHOENIX LIGHT, et al v JPMORGAN CHASE & CO, et al”
  1. r stolte says:

    One of the main reasons we now have a corporatist government that mostly ignores the people is because politicians have far too much power to make appointments, power that wasn’t granted by the constitution. With vast numbers of political hacks getting appointed to plush jobs, whose interests do you think they represent? This has gotten totally out of control and must be dismantled. Another form of destructive behavior, and perhaps even more dangerous, is electing lawyers to office.

  2. Tricia says:

    I am not sure if this is exactly the same thing or not. It took JPMC four years to transfer the deed of trust into their name after they supposedly purchased WaMu. I have looked all through the Deed of Trust Act for the State of Washington and was unable to find if there was a time frame for which a transfer like that was suppose to be completed.

  3. Qny1 says:

    Sue your foreclosure attorney for not validating debt under the FDCPA and look up your state rules. Send the servicer and the lender a Qualified Written Request and ask for the name, address and phone number of the investor which is required to be provided under the Helping Families Save Their Homes Act.

  4. Mary says:

    I am so sick and tired of this shit going on! I have been fighting BofA since Sept. 2009! And I have almost run out of energy to continue to save my home but I have no where else to go to live! And I know I don’t owe them the money because they never loaned me the money! Every other freaken mortgage broker keeps contacting me to refinance with FHA Streamline and says the mortgage is with Taylor, Bean & Whitaker! That is what the freaken records say when they look up to scam me out of a refinance! And yet, BoffuckingA,says they bought the loans out end of Aug.2009/beg.Sept.2009 and I have had it. If anybody shows up at my house to throw me out as they have told me back in June 2013, that they are going to start foreclosure proceedings AGAIN, I fought the first one for one full year and then the judge through it out of court because BofA left it on the books too long, or at least that is what I was told, and now they are starting this shit again and I can’t take it much longer! I have my furry children that I will NOT let go as God, Jesus & my furry children keep me alive! Fucking cops & sheriffs taking the banks sides and trying to throw us all out of our homes! I will kill any mother fucker that comes to my house, cops included(don’t tell them this though as I’ll be thrown in jail!! But the fucking banksters get to stay out of jail and have absolutely NOTHING DONE TO THEM!) And we all know, if we the people of the USA did exactly what the banks have done and keep doing, we all would be in fucking jail!!

    Our government SUCKS!!!!!!! THEY ONLY CARE ABOUT THEMSELVES, ASSHOLE POLITICIANS!!!

    I want to know if there is anybody, anybody out there reading this blog, if you know how to get hundreds of millions of people together and barge into the freaken White House, Congress, Senate, etc etc and kick their mother fucking asses in!!! And finally get these assholes out of their Senate, Congress & President chair and throw them all in jail with all the murderers & rapists & child molesters and let their asses get fucked by big balled tattooed men to be their bitch!!!

    I want to know why the TRUE STORY IS NOT BEING TOLD IN NATIONAL NEWSPAPERS, FRONT PAGE COVERAGE!!!! WHY NOT ON NATIONAL NEWS EVERY SINGLE DAY UNTIL AMERICANS GET IT THROUGH THEIR THICK SKULLS THAT WE DON’T OWE ANY MONEY ON THESE FUCKING MORTGAGES!!!!! THEY HAVE ALREADY BEEN PAID NUMEROUS TIMES!!!!! THROUGH SECURITIZATION, LEGALLY OR ILLEGALLY!!!! PLUS ON DEFAULTS, THE FUCKING BANKS HAVE BEEN PAID BY THE INSURERS!! FDIC, AIG, FHA, THEN THEY MADE 10% IMMEDIATELY, MADE MORE MONEY ON THEIR STOCK HOLDINGS, EVERY FREAKEN QUARTERLY EARNINGS REPORTS IF PEOPLE WOULD BECOME EDUCATED ON HOW TO READ THEM, THEY WOULD SEE THAT THE BANKS NEVER LOST ANY MONEY!!!!!!NONE!!!!!!!! OR AT LEAST THE BIG HUGE 5 BANKS!!!!! SINCE 2006 OR 2007, I HAVE READ TB&W(BEFORE THEY WENT UNDER) AND BOFA SINCE SEPT. 2009, MADE BILLIONS!!!! BILLIONS!!!!! EVERY SINGLE QUARTER!!!!! NEVER LOST A FUCKING PENNY!!!!!!!!!!!!!

    SO WHO THE HELL IS WITH ME!? ISN’T THERE ANYBODY OUT THERE THAT WOULD CONTACT ME AND HELP ME FIGURE OUT HOW TO GET EITHER A CAMPAIGN GOING AGAINST ALL THE POLITICIANS IN EVERY SEAT THEY HAVE CURRENTLY OR THE BETTER IDEA, I THINK IS HELP ME FIGURE OUT HOW TO GET PEOPLE TO UNDERSTAND THAT THEY DON’T OWE ANY MONEY TO THEIR FUCKING MORTGAGE SERVICER!!!!!! AND HOW CAN WE GET HUNDREDS OF MILLIONS OF AMERICANS TO THE WHITE HOUSE, ETC AND GET THEIR ASSES KICKED OUT OF OFFICE AND LET THE “WE THE PEOPLE OF THE USA, RUN THIS COUNTRY”

    HELL, FUCKING O’BAMA CAN’T EVEN MAKE THE DECISION TO BOMB SERIA, WHEN THEY HAVE THREATENED CHEMICAL WARFARE!!!!! AGAIN, THIS IS AGAINST NATIONAL LAW, AND THE AHOLE, O’BAMA CAN’T EVEN MAKE THE RIGHT DECISION TO EMBARK ON GETTING SERIA TO STOP OR WE’LL BLOW YOU ALL THE FUCK AWAY!!!

    GOD WILL PUNISH THESE PEOPLE. I’M TALKING ABOUT THE BANKSTERS! WE MAY NOT SEE IT, BUT IF WE ALL WOULD PRAY, TALK TO GOD & JESUS, ON A DAILY BASIS AS CHRISTIANS, AND ASK FOR HELP OUT OF THIS SITUATION, WE’LL EVENTUALLY GET THE HELP BUT I BELIEVE HE WILL ALSO PUNISH ALL THESE BANKSTERS AND POLITICIANS AND WE MAY NEVER FIND OUT, BUT I BELIEVE, EVIL, GREEDY PEOPLE ARE NEVER GOD BELIEVERS AND THEY WILL BE PUNISHED IF NOT IN THIS LIFE, DEFINITELY IN THE EVERLASTING LIFE!

    Believe me, I ask God every day to take care of me and help me get through this because there have been times that I have thought about committing suicide because I just can’t take it anymore, but I have my furry children and don’t want them sent off to some humane society where they possibly would be put to sleep as they are all older cats & dogs(one, one year old PitBull which most humane societies kill anyway even though she is the sweetest little goofball) and then I thought about killing them too and then me, but I have never harmed any kind of animal in my whole life and I am 52yrs old, and I just couldn’t live with the thought of the after life that I actually killed my own children inorder for me to get rid of my life too. and since I’ve always been told suicide is a sin, and all sins are forgiven if repented, well I’d be dead, how could I repent. And then God still may keep me in heaven, but might not ever give me my animals back to live with me forever and ever and that would really suck for a woman like myself who is an avid ANIMAL ACTIVIST & ANIMAL RIGHTS PERSON!

    So if anybody has any ideas, shoot me an email at: va1coco@hughes.net

    I’d appreciate it and maybe we could get a group together and figure this all out!

  5. project_wolverine says:

    we’re not gonna take it no we ain’t gonna take it we’re not gonna take it anymore!!!!

    EVERY SINGLE PERSON WHO PAID TO SAID SERVICER WAS SCREWED AS THEY DID NOT PAY THE ACTUAL OWNER OF THE DEBT IN QUESTION, EVERY SINGLE INVESTOR WHO BOUGHT SAID “CERTIFICATES” AND GAVE GOOD FUNDS FOR NOTHING WAS ROBBED AND EVERY SINGLE ACT DIRECTED BY THE HAND OF THIS NON-CONSTITUTED ENTITY THAT CLAIMS TO EXIST BUT HAS NO CORPUS AS IT HAS NOTHING LEGALLY DEPOSITED AND PRESENT IN IT DID NOT THEN AND DOES NOT NOW HAVE LAWFUL BASIS.

    • Thomas says:

      Back to the Frost/Nixon interview where Nixon states, if the President does it, it is not a crime. Now, if the bankers do it it is not a crime and will not be treated as such. This is a Plutocracy. If “We’re not going to take it” what are we going to do. Write our Congressperson ?

      • project_wolverine says:

        The tables will turn as soon as the lawyers figure out it’s not in their best interest to defend the TBTF banks anymore and that will be when the borrowers and the investor begin to win.

  6. Christy says:

    How does a homeowner check to see if their mortgage was transferred or not into a REMIC trust?

    Another question…Freddie Mac told me…”We always owned your loan”…yet when I tried to find it on their website…entering both the WaMu loan number and the JPMC loan number…every time came back ‘not found’

    • sueem says:

      Christy – if you have a mortgage assignment files check the min number and go the the mers website and look it up. I bet you the status is “inactive” which I believe means that mers no longer tracks your mortgage and your loan is lost in virtual space…

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