I have already asked B.O.A to produce my original note, their attorneys send me back a packet of copies of my loan docs then stated that “we do not have all the documents you are requesting”. Recontrust started putting notices on my door then sending me the same notices saying the house is going to auction in 4 wks.

If I have such a loan, I’d find a sharp attorney real fast. Neil Garfield has an entire post on his LivingLies website on these ‘wild’ mortgages. These particular loans have numerous serious errors in them.

First, look your original paperwork over. The LENDER is named as this “America’s Wholesale Lender – A Corporation”. Quite simply the assertion that ‘AWL’ is a corporation is a LIE. The only corporation in that name is that of an UN-RELATED corporation that a different company formed in New York.

The loan docs may state that “America’s Wholesale Lender” is a New York corporation. The only filings that I have found in NY state are 2004 D/B/A filings made by CountryWide. If CountryWide had a CORPORATION in the proper name, no D/B/A would have been filed at all.

D/B/A filings need to be present in all the other states, and in some states would need to be filed at the COUNTY level. Do you really think they did that effort to get all the D/B/As if they did not bother to create the NY corporation they claimed AWL to be?

There is a Conneticut case with the name Pagano in it that cites the fact that “America’s Wholesale Lender” is no more than a TRADE-NAME for CountryWIde. They found out that they could not foreclose in a trade name in that case. There has been a more recent NY case that also brought up the problems with the trade-name. A TX case also delved into the AWL loan paperwork and came up with the same conclusion that AWL was simply a trade-name regardless of the false assertion in the actual loan documents of a corporation existing.

OK. So now wie have ‘AWL’ as a ‘non-corporation’ yet NO OTHER corporate relationship is identified on the loan documents. I do not know about ALL states, but at least many require that corporations that are going to transact business as LENDERS are registered with the STATE before they write loans in that state.

Either you or your attorney needs to determine if AWL had registered in your state as a lender prior to writing your loan. They failed to do this in at least part of the states where they did a lot of business.

Now, in another case, the head of MERS was questioned on the record about the ‘AWL’ loans that are registered with MERS. He incorrectly identified “America’s Wholesale Lender” as a ‘DBA’ of CountryWide. He stated that ‘AWL’ had used the CountryWide membership in MERS to enter the loans into MERS.

Did a valid D/B/A relationship with CountryWIde exist in your country or state when your loan was written? D/B/As need to be filed in each locality according to the method for that state or county, for the name to be a valid DBA usage. The acknowledgement by Hultman that “America’s Wholesale Lender” utilized the CountryWIde membership in MERS could be problematic.

What is in eveidence in the loan documents that would allow an undisclosed corporation to register these mortgages in MERS? The borrowers were signing documents allowing AWL, not COUNTRYWIDE, to put the mortgage into MERS. We did not know that CountryWide was the pretender-lender.

The mortgage documents concealed the CountryWide realtionship. What evidence existed of any right for these loans to be listed in MERS using the CountryWIde membership?

I also know that issue has been taken with the “America’s Wholesale Lender” loans (I have problems calling them mortgages) on other significant points related to MERS.

READ your Deed of Trust. REALLY read it. Take note of whether you are in a section on what the LENDER is proclaiming or if you are in a section about what the BORROWER is acknowledging. The acknowledgements by the borrower are NOT sufficient to state that MERS has the necessary empowerment by the LENDER.

Did you notice that the LENDER dubbed MERS to be it’s nominee? Well did you find anything in that Deed of Trust that states WHAT MERS is supposed to do, acting for AMERICA’S WHOLESALE LENDER??????????????? Judges have found that, just as noted in “BLACK’s”, the term ‘NOMINEE” is vague. The document needs to SPECIFY the roles and actions MERS is to perform for the LENDER. It must be stated as what the LENDER acknowledges, not what the BORROWER is allowing.

That means that all those ‘after the fact’ documents that attempt to sign as “Mortgage Electronic Registration System, as nominee for America’s Wholesale Lender – A Corporation” should be CHALLENGED.

Go find the complete POST on the AWL mortgages that Neil Garfield wrote on LivingLies. If you have one of these ‘wild’ loans, you need to read up.

What if it does have them so named?
Exactly what does that mean?
What would you do if you had such a situation?

For anyone with such a loan, 1) look very CLOSELY at the Deed of Trust and 2) check out your “LENDER”.

It is, for the Plaintiff, a teachers guide – this is how you must do it and why you must do it.

It allows Plaintiff to come back to court within 30 days with a better written complaint and then allows defendant only 20 days from the service to file an answer and reply.

The 30 days to refile an amended complaint is generous, the 20 days to reply is standard. The result is not the dismissal that Defendant’s may have hoped for but a do over for the Plaintiff.

Defendant’s fees and costs for answering the first complaint, bringing and arguing the motion(s) that resulted in the order, or future costs of answering the amended complaint were not addressed, but neither do they seem to have been argued.

A well written opinion, maybe drafted by counsel for defense. If so, it may not have been a very good tactical move to give so much guidance to Plaintiff. If drafted by the judge, well done Judge. Hit the nail on the head.

http://pibillwarner.wordpress.com/2010/04/30/judge-lynn-tepper-bashes-bank-in-foreclosure-case-fraudulently-mishandled-by-the-david-j-stern-law-firm-in-plantation-fl-part-of-a-ongoing-federal-criminal-probe-in-florida/

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