AMERICA’S WHOLESALE LENDER TRADE NAME OF COUNTRYWIDE

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A contributor writes: “A number of CW cases come up with the Note titled to “Americas Wholesale Lender.”  Nowhere in the Note is CW actually mentioned. Watch out for these. CW claims to be using the AWL name as a “trade name” but of course you cannot sue or maintain any cause of action in the name of a trade name.

Further complicating these situations is that there actually is a bona-fide New York Corporation with the name “Americas Wholesale Lender Inc.”
That has interesting implications. As the Note is made out to them, the payments should go to them. AWL will cooperate with the borrower to resolve these title issues, typically.”
We see this a lot with similar situations. The name of a “lender” turns out to be a fictitious name (d/b/a) of some other entity. The use of fictitious names can get complicated and usually requires a lawyer to sort it out. In the above case, which is nearly identical to several dozen I have seen with other parties, the “originating lender” is not even a legal entity. A legal entity is a natural person or a corporation or other business structure formed under the laws of a specific State. These “lenders” do not have a legal existence if they do not conform to state statute.
It is often the case that an unrelated corporation exists in some state with the same name as the originating lender. As out contributor states, the fictitious name “party” has no legal existence and cannot sue or defend any action. The legally formed entity with that name technically could claim the payments or rights under the obligation, note or mortgage (Deed of Trust) but obviously does not want to become embroiled in litigation over a deal with which it knows nothing about.
The proper way for this to be handled is for the title agent to correct it with a corrective instrument filed of record. And while there are a number of ways to do this, the best practice would be to have the borrower sign the corrective instrument so there is no cloud on title. The problem however is that borrowers are going to be loathe to cooperate with such corrective instruments. Legally, the naming of a fictitious entity creates no rights under that instrument so neither the note nor the mortgage or Deed of Trust would be a valid obligation or encumbrance.
But this does not mean the obligation doesn’t exist. The fact that it was a table-funded loan (where the source of funding is hidden) may give rise to defenses and claims by the borrower. However, the party who was the source of funds may establish that they were the principal in that transaction and seek to impose an equitable lien or at least a perfected claim under the note. This is one example of why the technicalities matter. Allowing fictitious entities to initiate foreclosures and sales clouds title further and opens the door for moral hazard on the same scale that produced this mess in the first place.
We seek a stable marketplace instead of the chaotic effects of musical chairs at the point of declaring a default, foreclosure, auction and issuance of new title. That simply can’t be done when the identity of the real party in interest is allowed to remain hidden and the accounting for all payments received is allowed to be ignored. The homeowners who were victims of this fraudulent appraisal and loan scheme, as well as parties who believe they are successors in title are going to need help in clearing title. Either the break in the chain of title is going to be routinely ignored, or the procedures allowed in foreclosures are going to be enforced. We hope it is the latter as it leads to a better result for society as a whole. But it is obvious that a lot more work needs to be done to illuminate this problem before anyone concedes it needs to be fixed.
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31 Responses

  1. Information related to the heloc will be irrelevant.

  2. Yes mine starts with those #’s.
    It also says on one form excess HELOC needs to go to bank of new York, but our loan wasn’t a HELOC. Is that standard in loan documents?

  3. Re: Lucky no,

    Do an entity search of the first 7 digits of your MIN number on MERS site. If it is 1000157, BofA was involved in some way from the start. Look into “Gestation Lender”…which is the game they were playing.

  4. In our loan documents it says excess loan proceeds should be sent to bank of America. I thought bank of America wasn’t involved in countrywide/awl back in 2005?

  5. There’s also a limitation as to WHOLESALE LENDER, so essentially, if you look into it in detail, they cannot use the service mark as written. Further, if you look at the specimens they’ve provided, nowhere in any loan will you find what they call a trademark in some litigations (which is actually a servicemark) used. There are 12-14 specimens on the USPTO site…not one have I ever seen in use before.

    Secondly, has anyone ever sent any money payable to America’s Wholesale Lender? I doubt it. How can they dba (do business as) anything if not taking money in their name? “Fictious” is right! Not only a ficticious business name but ficticious in every sense of the word!

    AWL, Inc. has also just filed (04/11/2012) for cancellation of the registration with USPTO.

    BofA has stepped in it, filing this infringement action.

  6. What’s 1998 Got to do, got to do with it?

    ML-33

    Countrywide Home Loans, Inc. d/b/a America’s Wholesale Lender

    C.E.O.- Stanford L. Kurland, President

    155 North Lake Avenue, Pasadena, CA 91101

    4500 Park Granada, CH-11, Calabasas, CA 91302

    35 North Lake Avenue, Pasadena, CA 91101

    400 Countrywide Way, Simi Valley, CA 93065

    5690 DTC Boulevard, Suite 325, Englewood, CO 80111

    1548 Benning Road, N.E., Washington, DC 20002

    1600 Golf Road, Rolling Meadows, IL 60008

    10585 North Meridian Street, Suite 310, Indianapolis, IN 46290

    11200 Route 216, Suite 116, Laurel, MD 20723

    11520-E Rockville Pike, Rockville, MD 20852

    8521 Six Forks Road, Suite 410, Raleigh, NC 27615

    681 Anderson Drive, Building 6, 2nd Floor, Pittsburgh, PA 15220

    1210 Northbrook Drive, Suite 470, Trevose, PA 19053

    750 Old Hickory Boulevard, Suite 100, Brentwood, TN 37027

    302 Sunset Drive, Suite 210, Johnson City, TN 37604

    9400 N. Central Expressway Suite 800, Dallas, TX 75231

    6400 Legacy Drive, Plano, TX 75024

    1711-F Seminole Trail, Charlottesville, VA 22901

    1707 Parkview Drive, Chesapeake, VA 23320

    7501 Leesburg Pike, Falls Church, VA 22043

    7918 Jones Branch Drive, Mclean, VA 22102

    11710-I Jefferson Avenue, Newport News, VA 23606

    3254 Academy Avenue, Suite 25, Portsmouth, VA 23703

    1601 Willow Lawn Drive, Suite 314, Richmond, VA 23230

    9722 Midlothian Turnpike, Suite C-11, Richmond, VA 23235

    7295 Commerce Street, Springfield, VA 22150

    3778 Virginia Beach Boulevard, Suite A-4, Virginia Beach, VA 23452

  7. Typed Drawing

    ——————————————————————————–
    Word Mark AMERICA’S WHOLESALE LENDER
    Goods and Services IC 036. US 102. G & S: financial services; namely, mortgage banking and mortgage lending services. FIRST USE: 19930201. FIRST USE IN COMMERCE: 19930201
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 74358690
    Filing Date February 8, 1993
    Current Basis 1A
    Original Filing Basis 1B
    Published for Opposition October 18, 1994
    Registration Number 1872784
    Registration Date January 10, 1995
    Owner (REGISTRANT) Countrywide HOME LOANS, INC. CORPORATION NEW YORK 4500 PARK GRANADA CALABASAS CALIFORNIA 91302
    (LAST LISTED OWNER) BANK OF AMERICA CORPORATION CORPORATION DELAWARE 100 NORTH TRYON STREET CHARLOTTE NORTH CAROLINA 28255

    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Randel S. Springer
    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “WHOLESALE LENDER” APART FROM THE MARK AS SHOWN
    Type of Mark SERVICE MARK
    Register PRINCIPAL-2(F)-IN PART
    Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20050402.
    Renewal 1ST RENEWAL 20050402
    Live/Dead Indicator LIVE
    Distinctiveness Limitation Statement as to “AMERICA’S”

  8. I’m familiar with the case and sent it to my mailing list some time ago.

    Thanks,
    Charles

  9. CharlesCox- there was a post yesterday on Dinsfla (stopforeclosurefraud), a lawsuit between Bofa (CW) and a group on individuals regarding the AWL debacle, AWL being incorporated in NY State, but not the AWL in all the f/c docs. Bofa is suing for trademark infringement. Interesting.
    One of the individuals named is JanVanEck, who may be the same JanVanEck who posts here on LL, or at least used to, quite a bit.
    May be something you can use.

  10. Contact me off site if you want more information on the AWL issue.

  11. We have a note with America’s wholesale lenders as well. We are now dealing with bank of America and it is a nightmare! Our deed of trust has my name forged, my husband was told that I didn’t need to be at the closing. The previous owners, also had this house financed with countrywide. The previous owners signatures are forged on the warranty deed. We bought/acquired this house in 2005. Our note holder is cwabs 2006-01. Help please!

  12. Kitty,
    I am also in a similar situation except that we have not submitted our agreement/stipulation to the court. When I was contacted by the law office in F.V in June they said they have exclusive contract with AWL and can help reduce our principal. 2 days ago attorney D.B told us that AWL Inc. in NY might not own the note and not to proceed because I might risk losing money to AWL and still being forclosed on by B of A. I paid almost $1800 for their service I just hope I can get my money back. I think we can help each other, please contact me.

  13. Kitty,

    Contact me off forum for more information.

    Charles Cox

  14. I currently have a Signed Stupulated Judgement to reconvey my current loan. Our note shows Americas Wholesale Lender, no where does it mention Countrywide. BofA is servicing the loan as far as we know. We are getting ready to open Escrow and suddenly our attorney, who was given to us by persons that contacted us and said that they will do a principal reduction as long as out title show AWL not CW. Our attorney is now saying that these persons claiming to be AWL might not be AWL at all…. I know I cant be the only one involved, if anyone knows anything about this, PLZ HELP!

  15. In re Nikki:

    I looked into this situation a bit and it appears that there may be some, shall I say, not-kosher stuff going on in this regard. From further comment I digress but I did receive the following message from Paul C.:

    “Hello,

    Please be advised that I am not the same “Paul Nguyen” referenced in this email. I am, along with others, are aware that this individual is not licensed to practice law in California. As such, if he has a law practice in Fountain Valley, CA, and putting himself out as an attorney, he is practicing law illegally. Please also note that previous disgruntled clients have contacted me regarding his bad representation. They, including myself, have filed a complaint against him with the Orange County District Attorney’s Office Economics Fraud Division as well as the California State Bar.

    An obvious red flag is that he does not have a proper website or email address for contact. Hence, this is how you contacted me.

    If you personally know this individual, “Paul K. Nguyen,” I advise that you make him aware of the gravity of the situation and the fact that he must seize and desist immediately from illegally practicing law. An investigation is currently ongoing with his “practice.”

    I also advise that you post this new light of information on whatever blogs you have in order to inform future victims.

    If you have any questions, contact me directly during regular business hours at the contact information below.

    Regards,

    Paul C. Nguyen, Esq.
    Attorney/Broker
    NMLS# 477777

    NHT Law Group, APLC
    575 Anton Blvd., Suite 300
    Costa Mesa, CA 92626
    (714) 432-6521 (t)
    (714) 908-7763 (f)

    Web: http://www.nhtlaw.com

  16. Attorney Paul K. Nguyen does care and he has a plan for helping the folks with loans with CW’s Americas Wholesale Lender.

    He has entered into an agreement with the New York Corporation in exchange for a fee they will write a ‘letter of satisfaction’ for the loan made out to Countrywide Home Loans Inc., dba “Americas Wholesale Lender Inc.”

    Paul then records this new ‘letter of satisfaction’ with the county and the mortgage essentially disappears and the title is now clear.

    Kewl huh? Call him for more information at his law firm in Fountain Valley CA 714-907-4182.

  17. What proof has been provided or asked for and any objections made against CW or BofA claiming that America’s Wholesale Lender was their dba or trade name? Our DOT specifically states AWL is a Corporation organized an dexisting under the laws of New York…there was no such organization back in 2004 when our transaction was done. AWL as it exists in NY as a Corporatino now, was organized in 2008 so CW’s claims are bogus. I’ve seen too many cases where they’ve gotten away with the opposition agreeing (or not objecting) that AWL is CW’s trade name and/or a successor in interest to…what’s up with that?

  18. BTW, California Civil Code:

    1558. It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them.

    1559. A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.

  19. I LIVE IN CA AND HAVE BEEN FIGHTING B OF A FOR A YEAR NOW. I ASKED THEM TO PROVIDE ORIGINAL NOTE, 5 MONTHS AFTER MY WRITTEN REQUEST THEIR ATTORNEYS EMAIL ME MY PAPERWORK ON THE LOAN AND INCLUDE A “COPY OF THE ORIGINAL NOTE” WHICH AGAIN STATES “AMERICAS WHOLESALE LENDER” ON IT NOT “COUNTRYWIDE” AND B OF A THINKS THEY ARE GOING TO COME TAKE MY HOUSE?? LOL

  20. “Pagano, supra, 87 Conn.App. 474, 866 A.2d 698 in which we held that the court lacked subject matter jurisdiction because Countrywide had commenced an action solely in its trade name. ? Our decision in that case rested primarily on the mandate that parties not use fictitious names except in the rarest of cases, in which the issues litigated and the interests of the parties demand the use of a fictitious name. ?Id., at 478, 866 A.2d 698; ?see also Buxton v. Ullman, 147 Conn. 48, 60, 156 A.2d 508 (1959), appeal dismissed sub nom. ? Poe v. Ullman, 367 U.S. 497, 81 S.Ct. 1752, 6 L.Ed.2d 989 (1961). ? We also recognize the heightened interest of the public in knowing who is financially and personally liable for the actions of entities doing business under trade names. ?America’s Wholesale Lender v. Pagano, supra, at 479-80, 866 A.2d 698. ? These interests are no less important whether the argument is that the initial filing contained a circumstantial error, as in America’s Wholesale Lender v. Pagano, supra, at 477, 866 A.2d 698, or that the initial filing was in the name of the “wrong person,” as the substitute plaintiff claims on appeal in this case. ? In reaching this conclusion, we look to the language of §?52-109, which provides in relevant part that the court may allow the substitution of a party plaintiff “[w]hen any action has been commenced in the name of the wrong person ?” ?Such a person, while perhaps not aggrieved in the manner necessary ?to have standing, possesses the legal capacity to sue. ? No such person commenced the action in this case, as a trade name is not a recognized legal entity or person.”
    You can read more?

  21. AMERICA WHOLESALE LENDER v. SILBERSTEIN
    AMERICA’S WHOLESALE LENDER v. Linda K. SILBERSTEIN et al.
    No. 24592.
    Argued Oct. 15, 2004. — February 15, 2005
    SCHALLER, DRANGINIS and BERDON, Js.
    Patrick W. Boatman, with whom, on the brief, was John H. Grasso, Glastonbury, for the appellants (named defendant et al.).Peter A. Ventre, Hartford, for the appellee (substitute plaintiff).
    This appeal is similar to the appeal in America’s Wholesale Lender v. Pagano, 87 Conn.App. 474, 866 A.2d 698 (2005), which we released on the same date as this opinion.   The dispositive issue is whether a corporation that brings an action solely in its trade name, without the corporation being named as a party, has standing so as to confer jurisdiction on the court.   We conclude that because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case.   We therefore reverse the judgment of the trial court.
     The following facts and procedural history are relevant to our disposition of this appeal.   On October 16, 1998, the defendants Linda K. Silberstein and Morton H. Silberstein1 executed and delivered to the original plaintiff in this action, America’s Wholesale Lender (America’s), a note in the amount of $440,000 and a mortgage on the defendants’ real property.   America’s is the trade name for Countrywide Home Loans, Inc. (Countrywide), a corporation with its principal place of business in California.2  On April 22, 2003, America’s commenced this action, alleging that the defendants were in default on the note and seeking to foreclose on the defendants’ property.   On July 9, 2003, the defendants filed a motion to dismiss, arguing that the court lacked subject matter jurisdiction because America’s did not have the legal capacity to sue.   On July 28, 2003, America’s filed a motion to substitute Mortgage Electronic Registration Systems, Inc. (Mortgage Systems), as the plaintiff to reflect an assignment of the note and mortgage that Countrywide had made to Mortgage Systems on October 16, 1998.   The court, on July 28, 2003, denied the defendants’ motion to dismiss and granted the motion to substitute Mortgage Systems as the plaintiff.   The court concluded that Countrywide had commenced an action in the name of the wrong person and, therefore, substituted Mortgage Systems pursuant to General Statutes § 52-109.   The court ultimately rendered summary judgment in favor of the substitute plaintiff, the defendants’ default on the note not being disputed.   This appeal followed.
     On appeal, the defendants claim that the trial court improperly denied their motion to dismiss challenging Countrywide’s standing to bring an action solely in a trade name.   The defendants argue that because the action was brought under a trade name, which is a fictitious name, the court lacked subject matter jurisdiction to decide the merits of Countrywide’s claim.   The defendants further argue that Countrywide could not cure this jurisdictional defect by substituting Mortgage Systems as the plaintiff.
    This case is controlled by our decision in America’s Wholesale Lender v. Pagano, supra, 87 Conn.App. 474, 866 A.2d 698 in which we held that the court lacked subject matter jurisdiction because Countrywide had commenced an action solely in its trade name.   Our decision in that case rested primarily on the mandate that parties not use fictitious names except in the rarest of cases, in which the issues litigated and the interests of the parties demand the use of a fictitious name.  Id., at 478, 866 A.2d 698;  see also Buxton v. Ullman, 147 Conn. 48, 60, 156 A.2d 508 (1959), appeal dismissed sub nom.   Poe v. Ullman, 367 U.S. 497, 81 S.Ct. 1752, 6 L.Ed.2d 989 (1961).   We also recognize the heightened interest of the public in knowing who is financially and personally liable for the actions of entities doing business under trade names.  America’s Wholesale Lender v. Pagano, supra, at 479-80, 866 A.2d 698.   These interests are no less important whether the argument is that the initial filing contained a circumstantial error, as in America’s Wholesale Lender v. Pagano, supra, at 477, 866 A.2d 698, or that the initial filing was in the name of the “wrong person,” as the substitute plaintiff claims on appeal in this case.   In reaching this conclusion, we look to the language of § 52-109, which provides in relevant part that the court may allow the substitution of a party plaintiff “[w]hen any action has been commenced in the name of the wrong person ․”  Such a person, while perhaps not aggrieved in the manner necessary  to have standing, possesses the legal capacity to sue.   No such person commenced the action in this case, as a trade name is not a recognized legal entity or person.
    Mortgage Systems, the holder of the mortgage and the note at the time the action was commenced,3claims, however, that any jurisdictional defect was cured when it was substituted as the plaintiff.   An assignee, however, may not commence an action solely in a trade name either, regardless of the entity to which the trade name applies, because a trade name is not an entity with the legal capacity to sue.   Nor could Countrywide cure the jurisdictional defect by substituting a party with the legal capacity to sue on behalf of the trade name.   The named plaintiff in the original complaint never existed.   As a result, there was no legally recognized entity for which there could be a substitute.   See Isaac v. Mount Sinai Hospital, 3 Conn.App. 598, 602, 490 A.2d 1024, cert. denied, 196 Conn. 807, 494 A.2d 904 (1985).   Furthermore, because America’s had no standing to bring an action, no action in this case ever was commenced, as it was void ab initio.   In the absence of standing on the part of the plaintiff, the court has no jurisdiction.   Golden Hill Paugussett Tribe of Indians v. Southbury, 231 Conn. 563, 570-71, 651 A.2d 1246 (1995).
    The judgment is reversed and the case is remanded with direction to grant the defendants’ motion to dismiss and to render judgment dismissing the complaint.
    For the reasons set forth in my dissent to the companion case of America’s Wholesale Lender v. Pagano, 87 Conn.App. 474, 866 A.2d 698  2005), I am unable to distinguish this case from Dyck O’Neal, Inc. v. Wynne, 56 Conn.App. 161, 742 A.2d 393 (1999).   Accordingly, I believe we should affirm the judgment of the trial court.   I therefore respectfully dissent.
    FOOTNOTES
    1.  The other defendants in the underlying action, Konover Construction Company, Larry M. Loeb and Linda R. Silberstein, did not appeal.   We therefore refer in this opinion to Linda K. Silberstein and Morton H. Silberstein as the defendants.
    2.  America’s, in its complaint, alleged that it was incorporated in Texas.   On the mortgage, New York is indicated as the state of incorporation.   These inconsistencies, however, do not inform our decision in this case, as all parties agree that America’s is a trade name by which Countrywide does business and not a corporation organized under the laws of any state.
    3.  In a foreclosure action, the assignee may commence an action either in its name or in the name of its assignor.   See, e.g., Jacobson v. Robington, 139 Conn. 532, 539, 95 A.2d 66 (1953);  Dime Savings Bank of Wallingford v. Arpaia, 55 Conn.App. 180, 184, 738 A.2d 715 (1999).
    In this opinion SCHALLER, J., concurred.

  22. Folks

    NG is a mentor and this is only my view….which is right to date .Yet once in a while LL website and some great attorneys need to get inside the head of a seriel crook and revisit the inner workings of a CRIMINAL empire .. Upfront , close and personal!

    Recievers got it ..not lenders damn it …receivers are granting title conditioned subsequent on a U.S. backed Government “credit” which is as good as GOLD!

    [ Texas tee , set a spell …take your shoes off! Ya all be sure to not get suckered into suing MER’s now, Ya hear!

    The Receivers are granted authority by parties who are Hellbent on burning GAAP. . .and these parties have the nerve to suggest FASB should alter accrued interest as an offset to overall earning- representing it as a direct capital expenses ON ASSETS SOLD!

    PUKE! Wow I am sorry but Wow! FASB Directors ..your spineless! And yes…I do need to use grammer and spell click . . .LOL…

    PEACE! – – – A little bit too excited here to share info … that s all!

    MSoliman
    expert.witness@live.com

  23. expert.witness@live.com

    The fact that it was a table-funded loan (where the source of funding is hidden) may give rise to defenses and claims by the borrower.

    Soliman – no way … The true source of capital carries a demand to enforce recourse and that’s adequate for the credit line provider to obtain an ucc filing on the lender shown on the HUD settlement statement the ucc covers the entire balance sheet.

    ========================================

    However, the party who was the source of funds may establish that they were the principal in that transaction and seek to impose an equitable lien or at least a perfected claim under the note.

    Soliman – -not a chance. Tbw and colonial played that BS and colonial within minutes fails to meet its capital threshold and upon making good it threat to take out tbw …suckers!

    FDIC slams shut the door on colonial and surprise there is boa.
    B of fights back against its own children and a “rocking horse” bid while by judge buys off on it, then b of a walks like a loser.

    Look, smell the coffee…bac is a separate entity whose assets are held in receivership. . .and maybe countrywide, wa mu and Indy Mac bank are . . .well . . .long gone.

    Who then are you suing…maybe the judge shared something with us in a matter going to trial (where we beat the possession a year ago. The plaintiff however lost its claim upon our original complaint being dismissed with prejudice. And we are excited …why? [With a stipulation to amend and come back in thirty days and to name as an indispensible party …..Bingo. . . . We were right!)

    Call me…guys …..Please

    M.soliman

  24. I actually used this very defense in my case, the Judge agreed that Countrywide had no standing, as the note was in AWL name and not the plaintiff. I ended up settling with a Short Sale, I had some personal reasons for not going to Trial, I felt the Judge was very unfairly gunning for me, I beat the first set of lawyers(a high end RI foreclosure mill) they recused themselves and swapped in a very highly skilled litigation attorney in Portland, ME….needless to say, I am practical and my argument would have eventually been simply brushed to the side.

    So I short sold, moved on, got a good settlement considering the multiple liens and some relocation money.

    …in the end, you need to look at what your fighting and what your fighting for. I decided to take the reins in my own hands, and move on on my terms…and not some corrupt judicial system.

    Not to say I dont stand and shout…Dont walk away, fight and stay to alll you you!!

  25. I find this interesting, because in my mortgage note, it shows on one page, the address of America’s Wholesale Lender, and then on another page, the exact same address is Country Wide.

    So i think my loan proves the above false for me.

    My loan also has several other address’s for AWL too.

  26. Alina ,

    What a mess ,, intentional undeniable mortgage fraud in Harlem ,, who woulda guessed!

    And the foreclosure dismissed for a second time (first in Feb 2008) in part because of the following ..
    Plaintiff is asking for amounts due on their mortgage and note, as well as a declaration that
    no defendant has any lien, equitable or otherwise, Qn the property.
    … AND …

    I do not find the
    language or the closing documents, identifying MERS as nominee for America’s Wholesale
    Lender, to sufficiently tie in the real party in Interest.

    I like that MERS was asking for (in effect) quiet title and that it was denied because MERS couldn’t be found to be tied to the property or the loan.. This judge is great ,, she actually did her job and looked at the evidence.

  27. “American Home Mortgage” is another example. AHM is a DBA for AHM Corp.

    Also, the bankrupt loan originator (not include in the Prospectus but is an affiliate or subsidiary) “American Brokers Conduit” is also DBA for AHM Corp.

    When requesting mortgage disclosure records from the loan servicer, the loan servicer under RESPA claims they don’t have to release docs and to contact the loan originator if in dispute, while they continue to foreclose in non-judicial states.

    What about the master servicer? The one that collects on the default insurance policy and is never mentioned once throughout the loan. Are they not the third party creditor? Doesn’t this constitutes unfair or deceptive practices?

  28. Check out this dismissal by Judge Alice Schlesinger :

    http://www.courts.state.ny.us/reporter/pdfs/2010/2010_32007.pdf

  29. we need attorneys and judges that give a damn. apparently we dont. accept for a hand full like Neil Garfield

    we also need banks that give a damn.

    neil we need a book for dummies

    i know the commercial properties are being handed over hotels malls strip center the owners are saying take it back and you deal with the tenants and property management.
    .
    THIS IS VERY BAD FOR AMERICA THIS IS A NATIONAL SECURITY ISSUE.

    ON THE OTHER HAND HOW DO WE ASK A SUPERIOR COURT JUDGE WHO WITH ALL DO RESPECT IS LOW ON THE TOTEM POLL TO MAKE SUCH IMPORTANT DECISIONS ON THIS ISSUE.

    OBAMA LIKE BUSH HAVE BEEN RAILROADED LIKE ALL OF US BY THE BIG BANKSTERS WHO GIVE OUT PHONY MONEY AND TAKE REAL PROPERTIES. AND HAVE NO MORALS LITERALLY NO MORALS OR ETCHICS. FLAT OUT GANGSTERS WITH A LICENSE FROM THE JUDGES AND SHERRIFFS.

  30. we need attorneys and judges that give a damn. apparently we dont.

    we also need banks that give a damn.

    neil we need a book for dummies

    i know the commercial properties are being handed over hotels malls strip center the owners are saying take it back and you deal with the tenants.

    THIS IS VERY BAD FOR AMERICA THIS IS A NATIONAL SECURITY ISSUE.

    ON THE OTHER HAND HOW DO WE ASK A SUPERIOR COURT JUDGE WHO WITH ALL DO RESPECT IS LOW ON THE TOTEM POLL TO MAKE SUCH IMPORTANT ISSUE.

    OBAMA LIKE BUSH HAVE BEEN RAILROADED LIKE ALL OF US BY THE BIG BANKSTERS WHO GIVE OUT PHONY MONEY AND TAKE REAL PROPERTIES.

  31. “American Home Mortgage” is another example. AHM is a DBA for AHM Corp. It is only authorized to do business in certain NY counties. Not nationally. It will cost you a few $$ but get certified copies of the AHM DBA papers from the NY DOS and you will have all the proof you need to fight an “AHM” mortgage named as lender

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