WAREHOUSE LENDING SHUFFLE: DIGGING DEEPER INTO THE SCAM

ONE ON ONE WITH NEIL GARFIELD ONE ON ONE WITH NEIL GARFIELD

DOUBLE DUTY

EDITOR’S NOTE: As part of the pattern of obfuscation and confusion, the securitizers intentionally create entire patterns of infrastructure that mimic the loan transaction — except with entirely different people or entities. Brian Davies dug up this Warehouse Lending agreement. It’s like picking a bank from which you will write checks. When you write a check on your account, the bank is not part of the deal that you are funding with that check. It is a conduit or facilitator. So here we are, with a BORROWER, SERVICER AND ORIGINATOR — none of which match up with the entities meeting that description in the loan transaction with the homeowner.

So there are two BORROWERS, two SERVICERS and two ORIGINATORS — all performing different tasks, all creating layers of confusion to enable the participants to claim plausible deniability. But how do you you REALLY deny something that happens 20 million times?

Now here comes the big question for investors. If they advanced money (called “selling forward” on Wall Street) for the purchase of a bond (same as a note), who was the payor and who was the payee? That is the essence of the question of identifying the real creditor, with standing. And it defines the essence of what documentation describes the payor? On the other end the same questions apply. Since the deal with the investor took place before the loan with the homeowner, the question of of the identity of the payor on the obligation due to investors must be answered first.

The payor to the investor is described in the documents setting up the securitization infrastructure. It includes many potential sources of revenue of channels of money for guarantees, cross collateralization, over-collateralization, guarantees and credit default swaps with insurance. AND it includes payments from a borrower who is NOT YET Identified. Thus the documentation does not describe a loan on a home between the owner of that home and the source of funds, it describes a transaction, part of which is being funded now, and part of which will be funded later whenever a borrower with a home shows up.

So now turn to the homeowner’s transaction which takes place without any disclosure of the above, contrary to the requirements of Federal and State law. The money comes from what is left of the investor’s money who advanced his funds for the purchase of the “bond” with multiple payors, one of which was not yet known. The payee is unknown and undisclosed. The fees generated from the transaction are undisclosed. AND the status of the people at the table is misrepresented. A note and mortgage (or deed of trust) is prepared introducing a totally new entity (that the banks call “bankruptcy-remote”) as the payee and the secured party, but which has no actual participation in the transaction except what is recited on paper.

Thus neither the investor nor the homeowner sees any paperwork that actually describes the transaction that they were induced to enter under obviously false pretenses. Neither of them has a fully documented transaction. And neither of them is the party to any instrument purporting to be security for the homeowner’s obligation because neither of them has signed or even seen the transaction that actually occurred. The paperwork is fatally defective in that it describes a transaction that did not occur while the real transaction goes without any paperwork at all.

The investor is owed money and the homeowner may owe money but neither one knows the other and neither is in privity with the other for contract purposes. In equity there might be a claim from the investor against the homeowner but the real claim, and the one the investors are pursuing is against the investment bank who duped them into purchasing a holographic image of a paper bag.

SUBMITTED BY BRIAN DAVIES

http://www.scribd.com/doc/48033689/Amended-and-Restated-Loan-Agreement-Lennar-Sept-26-2006-by-uamc-captial-llc

FOR THOSE INTERESTED IN THE WAREHOUSE LENDING SHUFFLE HERE IS A GOOD AGREEMENT.

BORROWER UAMC CAPITAL
ORIGINATOR UAMCC
SERVICER UAMC LLC

NOW THE TRANSFER TO THE BUYER FROM THE WAREHOUSE LINE OPTEUM FINANCIAL SEE NEXT POST–PURCHASE THE LOAN PACKAGE OF $13MM FROM UAMCC/UAMC AFTER THESE ORIGINATORS PURCHASED THE LOANS BACK FROM UAMC CAPITAL LLC. SEE THIS AGREEMENT AND COMPARE TO THE PAGE 3 AND 4 OF THE PURCHASE AGREEMENT.

NOW THE MERS AUDIT TRAIL SAYS INVESTOR UAMC LLC. THE GESTATIONAL WAREHOUSE BANK ONE. WELL BANK ONE IN 2004 BECAME JP MORGAN. THE AGREEMENT SAY TO WIRE TO AN UNKNOW ACCOUNT AT JP MORGAN THE PAYMENTS FOR THE $13MM LOANS. THE LETTER IS FROM RESIDENTIAL FUNDING CORP. THIS IS INTERTWINED INTO ANOTHER AGREEMENT CALLED A THIRD AMENDED AND RESTATED WAREHOUSE LINE.

THE LOAN THEREFORE GOES UAMCC—>>UAMC CAPITAL LLC [BORROWER FROM JP MORGAN]—>>BACK TO UAMC LLC TO SELL TO OPTEUM. THE SERVICER UAMC LLC WHO IS ALSO THE SERVICER TO THE HOMEOWNER IS ALSO THE TRUSTEE OF THE DEED OF TRUST. THE INSURANCE IS PMI BY THE SUBSIDIARY OF THE BUILDER LENNAR, THE HAZARD INSURANCE IS THE SUBSIDIARY OF THE BUILDER. ESCROW AND TITLE IS A SUBSIDIARY OF THE BUILDER. UAMC LLC IS A SUBSIDIARY OF THE BUILDER. UAMCC IS A SUBSIDIARY OF THE BUILDER AND UAMC LLC. 67% OF ALL LENNAR HOMES WERE STEERED TO USE THEIR PREFERRED LENDER UAMCC. THAT THE DISCOUNTS OF $20,000 IN UPGRADES ARE ONLY WITH THEIR PREFERRED LENDER. THAT THE BUILDER, LENDER AND ALL SALES STAFF HAD WEEKLY MEETINGS. DOES THIS SEEM TO BE A SPECIAL RELATIONSHIP. NOW THE BUILDER HAS A BUYING GROUP RIALTO CAPITAL WHICH JUST DID A PRIVATE PUBLIC DEAL WITH THE FDIC TO BUY LOANS. WOW, SEEMS LIKE ALOT OF OVERSIGHT.

29 Responses

  1. I have been browsing on-line more than three hours nowadays, yet I never found any attention-grabbing article like yours.
    It’s lovely price sufficient for me. In my opinion, if all webmasters and bloggers made just right content material as you did, the web might be
    much more useful than ever before.

  2. Shape Shifting

    http://en.wikipedia.org/wiki/Shapeshifting

    The bad actors “create” a phantasmagoric stream of ephemeral entities that are brought into existence for one simple purpose:

    . . . and that is to confuse judges.

    The defendant home owner and his lawyer can’t even explain to the judge what is going on . . .

    and if the plaintiff’s many many lawyers, notaries, and attorneys-in-fact are simply reading by rote from long voluminous scripts that even they don’t understand . . .

    what is the judge to do? Clearly the judge, who is only an out-of-work lawyer, doesn’t understand.

    So the judge then tosses the briefs on a scale and issues an order in favor the heaviest brief: which is of course the banks.

    After and game has been thrown in the bank’s favor and court is adjourned, the judge calls up his re-election campaign coordinator and asks whether the bank’s campaign contribution has arrived .

    Very few people understand that we are beginning to approach a situation similar to what is unfolding in Egypt.

    By the time of the next Democratic Convention, we will have riots in the streets. And they may be true “bread riots”: as the people by then will have acquired housing by seizing it. But the people may not have bread: commodity prices are sky-rocketing.

    Democratic Party Convention? Huh? Hizoner Rahm Israel Emanuel better get the Chicago Police ready. This brewing and developing situation could make Chicago 1968 look like a picnic in Lincoln Park.

  3. Thanks Abby…good effort on your part.
    i will call to help amass a public outcry!
    I wish i had the smallest amount of hope.but our system is corrupt beyond repair & completely rigged against those us [middle class america] that carry the weight – this systemically bloated,life draining corporate aberration known as THE UNITED STATES,
    The history lies & deceit we have all been spoon fed is the perfect example -why??? WE HAVE BEEN SET UP & SOLD OUT!!! REVOLUTION IS THE ONLY SOLUTION.

  4. Abby

    GREAT MESSAGE!!!! This is what needs to be done!!!

  5. CALL TO ACTION-ALL CALIFORNIANS- TODAY–CALL KAMALA HARRIS OUR NEW STATE ATTORNEY GENERAL – SPECIAL PHONE NUMBER LISTED BELOW – AND A SAMPLE OF WHAT TO SAY. I ASKED FOR A CALL BACK FROM HER OFFICE.

    THE SPECIAL PHONE NUMBER HAS BEEN SET UP SPECIFICALLY TO TAKE THIS TYPE OF CALL.

    OTHER STATES- CLICK ON LINK CONTAINED WITHIN DOC.

    Does it make you angry that the big banks are reaping in hundreds of millions of dollars in profit while our communities continue to struggle?

    Today is the day to make your voice heard! Join thousands of other people as we tell our Attorneys General that big banks can’t get away with their crimes

    . The 50 state Attorneys General are conducting an investigation into the mortgage fraud scandal, but the big banks are trying to push for a quick settlement that gets them off the hook.

    It’s easy to make the call – here’s what you do:

    1) Call California AG Kamala Harris at (916) 445-9555. When the receptionist picks up, tell them “I want to talk to the Attorney General regarding the foreclosure investigation.” (If you do not live in California, click here

    to see a listing of state AGs)

    2) Leave the message. “I am a resident of California and I am watching the foreclosure fraud investigation very closely. I want to make sure that the Attorney General reaches as strong a settlement as possible with the banks. The settlement must include principal reduction for millions of homeowners and criminal penalties for those who broke the law.

    3) Spread the word to your friends. Take pride in stepping up to the big banks! Use the sharing tools on the Crimeshouldntpay.com

    website.

    That’s it! Oh, and please share feedback with us

    regarding your call.

    Thanks for all that you do.

    Sincerely,

    PICO National Network
    National People’s Action
    SEIU
    Alliance of Californians for Community Empowerment
    Industria Areas Foundation Southeast
    Alliance for a Just Society

  6. The courts WILL care about the funding if you can show what law was violated. For instance, if you can demonstrate (or at least allege in detail) that your loan was table-funded in violation of RESPA, the judge “may” listen.

    As far as “standing” of a concealed creditor, UCC gets in the way. Unfortunately, ownership and right to enforce are two different things. Sometimes it is to the homeowner’s advantage, but other times it is not. It seems that under the UCC, even MERS (or any other entity that has no capacity to own a loan) may have standing if it waives a blank-endorsed note at the judge. The fact that it is doing so on behalf of a principal (beneficial owner) does not change the result.

    I will shortly post a Virginia case from 1994 involving a PSA(!). Looks like Virginia was one of the first states to deal with a PSA. Those were commercial notes (I think), but the structure is the same. Ironically, the note-makers in that case raised a defense to the OWNER’s standing and argued that it was the SERVICER who had standing and had to be brought to court.

    As you may have guessed, the judge ruled that either the OWNER or the SERVICER would have standing under the PSA.

    In addition to technical defenses, a proactive and offensive rather than defensive solution is to knock out the banks before they ever show up for the battle.

    Just use the fact that they have created their own “parallel” mortgage recording system that was never pre-approved by any court or other agency. By use of this system they themselves chose not to perfect their security interests. Such un-perfected interests may be cut off in certain situations, including bona-fide purchasers for value, intervening third parties, etc.

    Neil’s point that the settlement documents do not reflect the reality of the actual transaction dovetails very nicely into this.

  7. angry & John & Neil

    Here is something I just stumbled on –
    California Civil codes 2941a & 2939.
    http://law.onecle.com/california/civil/2941.html
    http://law.onecle.com/california/civil/2939.html

    So If I understand correctly, if a person is foreclosed on, and house sold at auction or bought back by bank, then the original note should be returned to the person foreclosed upon and recorded in the land records. Correct? So, has this been done and if not, is that a way to get to the bottom of it all as well?

  8. ANONYMOUS,
    i am confused why you still think the AG will do ANYTHING , except toss the homeowner under the bus Esp here in Ca.
    All AG will settle for state pay-off leaving us[homeowners&consumers] without recourse .

  9. John,
    We need to get a team together in Ca.There you go…. I said it again.

    i’m in.. lets begin, lots o work to do. we have an entire corrupt ,gov to undo or end around or try to overcome . not just the banksters [all are criminals&thieves ]

  10. Arizona Consumer Complaint Office
    The link as follows:

    http://www.azag.gov/consumer/complaintform.html

    If your neighborhood has been decimated and deflated with one foreclosure after another then be pro-active and fill out the form. Explain that this is nothing but destruction of property and you refuse to pay for the crimes committed by Wallstreet, the Banks, and the Servicer. .

  11. You know what Neil? I’ll have to thank you for this convenient rant port, LOL.

    What I would like to thank you, regardless if you nake a buck or two in the process, is that as I SCOURED the Internet 24-18 months ago, amidst who knows, 9 out of 10 fraud lawyers, and thinly knowledgeable lawyers claiming to be specialists, not one of those motre fooookers had the balls to say a word, or were so keenly duped as to be simply walking, talking, paypaling zombifications of dis-intelligence.
    But the bastion of this knowledge, LOL? livinglies baby! LOL

    While the media covers condom sales, weight watcher, selling hamburgers, tacos, promoting urban zombies like Barney and Charlie, discussing rubbish filled filler ineffectual issues on Bill Maher, etc, not ONE word about the coming disaster, not one finger pointed, not one homeowners case discussed (except finally, Channel 10 Dallas), not one investor’s story of brokerage rape, this whole things was more muted, and swept under the carpet of Hollywood and media greed, than anything John Kennedy spoke in the 6 months before his death. People, wake up, you are part of a free zombie, porn and drug filled, catatonic state, that will tell you zilch, if it effects cheesecake sales, or any of the fantasy families facial expressions, from the fake stock of Hollywood neurosis model stock, which they fill all the commercials with, fake families, empty y-gen-uppies, selling beer, fried chicken, swifters, the next extinct Toyota dinosaur, the next Ford and Chevy future fossils, this that, everything in America is for sale, commercialized, and distributed, but the truth? INHEARD OF, LOL.

    So Neil, at least you spoke the foooooooooooking truth, LOL!

    Jimmy Buffet: If we couldn’t laugh we would all go insane LOL!!!!!!! Bring it on banks! LOL, he who laughs first, is devoured by his own machinations! LOL

    I’m ready baby! Complete collapse, on crag at a time! LOL

    God, Bless America? Why would he bless willful, greedy, lieing, hypocritical criminals? Remember Sitting Bull? Crazy Horse? Geronimo? They get the last laugh, and the blood is screaming for cosmic vengeance! LOL, we can’t stop, what is clearly on the way! Onward!!! LOL, let’s get this divine justice over with! LOL

  12. Allow me to sound like an idiot. Again, LOL…

    $60 Billion dollars in CMBS hotel loans are slated for delinquency, and heading for REMIC “special servicing”.

    These commercial “special servicers” should be much more legit and human souled than those residential debt collectors and elderly/minority targeteers/racketeers, than say AHMSI was, LOL.

    This convenient second phase CMBS scam, I mean process, sorry, in a securitized structure much less mature than RMBS, and much less tested in an economic pressure cooker, is in ABSOLUTELY no way connected to the now cooling (yeah right, no really!) residential pot pie of bank pimp pillage financial carnage, eg vulture picked bones is all that remains, (when American vultures devoured weaker American prey, while chanting National Anthems, and wearing a callous from the hand over the heart empty allegiances (the flag itself, would not accept such pathetic excuse for human adherents – America finally tipped it’s lieing, cheating, money grubbing heart, just as bad as an Soviet, or any other convenient wealth target to villainize for future pillaging – HYPOCRITES Big time….).

    Like David Gilmour said “Calling the faithful to their knees, to hear the softly spoken magic spells”, it’s apparently time to sit at home, uh, under the bridge, to watch the rain, LOL

    ‘M I BAD, LOL

  13. To Brian Davies, Yes, The people have made progress however if we could post more law then bitching we would be better off. We need to get a team together in Ca.There you go…. I said it again.

  14. usedkarguy- if the judge is warning YOU for “frivolous” pleadings, what is he saying to your opponent?
    I would tell the judge that if your house is sold at auction you would like the judge to co-sign? the satisfaction of mortgage. Because the people stealing your house aren’t going to pass the proceeds to the trust, and the trust is going to come after you to pay the same amount again. And when they do, the judge can pay, since he seems so sure that the plaintiff is the creditor. Fair enough.

  15. BD, over $32g in legal costs. and I sell cars.

    “I’m warning you about these ‘frivolous’ pleadings!”

    “Nothing frivolous, your Honor! These people are stealing my house!”

    “ENOUGH!” said the judge.

    Now that there are Notaries Public in Maryland (Wells Fargo) pleading the “fifth”, my investigator made sure my complaint ended up in the gargage.

    Swimming upstream is an understatement.

  16. Beware of Soliman! Be careful if you are thinking about hiring him as an expert witness. Beware of attorney Steven Kop. Warning!!!

  17. Neil, if you’re reading this thread….may I suggest that you take down the post listed on the upper left bar of your website entitled, “A President Who Gets It (mostly)”.

    Either remove it or put FAIL behind the title. I believe we’ve gone long enough waiting for Obama to get it. Or maybe I should say it’s easy to see that what he “gets” is that his true supporters are the financial interests on Wall Street, not the people who elected him to office.

    He has been a HUGE embarrassment and let down as a leader during this crisis, if one can actually use that term, treating millions of people like second hand citizens who just need to be pushed through the necessary process of removing them from their homes as quickly as possible. A view widely shared among both politicians and the financial community.

    His recent appointment of JP Morgan’s VP Daley to be his chief of staff is a blatant stab at current events, and a nod to the banking community to hurry up and move things along. With HAMP destined to be a bad memory soon, we can all return to realizing that our government doesn’t have, never did have, nor will they ever have the nads to stand up to the criminality and abuse that is Wall Street.

    HAMP was an utter failure from the very beginning, created by a president who has proven to be the very same. I, for one, will be happy to see them both go.

  18. If you are in Maryland, send concerns to – pmckee@oag.state.md.us
    This is the person you are routed to each time you call Doug Gansler’s office. Peggy McKee will take your emails when you ask the Attorney General to take a strong settlement with the Banks – in other words, don’t let the BANKSTERS off the hook.

  19. Good one Brian! If anyone has to deal with Wells Fargo, look to your deed of trust. They prefer private label deals for securitization. Check to see if the parties on the DOT are real. In my case, one or more isn’t. They used the fake for 6 years when it never existed physically or legally. If you see where they change the name of a party to the deed of trust in a claim they make against you from the original, dig. It won’t take a shovel to find out it never existed. No matter what, we have to challenge them. We have to make pay attorneys to lie for them. We know who hundreds of those tools are now.
    When or if the smoke clears, the attorneys that did perjure themselves for the bank can begin their new career. It won’t be law, more whining about the law or the people, that paid them back.

  20. THIS IS THE NEXT STEP FROM A SUPOENA. THIS SAY UAMC CAPITAL BOUGHT THE LOANS AND THE ORIGINAL LENDER WOULD PURCHASE THEM BACK BEFORE THE SALE TO THE PARTY IN THE CHAIN OPTEUM. FROM SUPOENA. THIS HAS MY LOANS IN IT. COMMENTS PLEASE.

    http://www.scribd.com/doc/47935217/UNIVERSAL-AMERICAN-MORTGAGE-COMPANY-WAREHOUSE-AND-BUYBACK-Closing-Documents-and-Agreement-of-Universal

  21. http://www.scribd.com/doc/48103783/Foreclosed-Homeowners-Go-to-Court-on-Their-Own-NYTimes

    Saving your home from foreclosure is increasingly a do-it-yourself project.

    Lawyers are scarce and free legal assistance is overwhelmed in New Mexico, so a community center here is offering an hourlong class in how to download the correct forms, decipher the lingo and mount a defense, however tentative and primitive, against a multibillion-dollar bank.

    DOES ANYONE THINK THAT THIS WEB SITE AND POSTING FOR FREE ALL ARTICLES, PLEADINGS, DISCOVERY, AND DISCUSSIONS HASN’T COST THESE BANKS.

    I DO.

  22. frankielee and pelucheven

    You are both have very important messages.
    1) courts do not care about funding – what we need to make them aware of is that current creditor is not in the court — NO STANDING – and that the current concealed creditor is profiting by fraudulent foreclosure.

    2) AGs ARE back-tracking — without some government support — courts will continue to think nothing is wrong is the system. NEED BACKUP — everyone should be pressuring their state AGs.

  23. OK, here are your home mods and why they fail after 4 months. Read this article, while it was written in 2007, it will explain why the home mod program or HAMP, how about that MR. LEVITIN. This article was posted here on the right side by another, I can’t find it now in the “Recent Posts” on the right side top of LivingLies here, but it’s there. Scroll down in the article to page 4 of 5, under “Peeking Inside” – here is what is written – “If the hedge fund can get a borrower to make 4 consecutive payments, the mortgage can be tagged as reperforming and sold for a gain of 15 percentage points or more, said Jeffrey Kirsch, CEO of Miami based American Residential Equities, which invests in distressed home loans”

    http://www.docstoc.com/docs/52896174/Bad-Loans-Pit-Vranos-Against-Cayne-as-Hedge-Funds

    There you go, get home owner to make 4 payments under the guise of a home mod, sell loan to another for higher profit. This is like storage wars, lets bid on a storage unit make what we can, and off load to another. These folks don’t care about the home owner…………

  24. The warehouse lending was also a way to keep the private lebel securitizations “pyramid scheme”, with all the side bets and undisclosed third party agreements, hidden from both the investor and the pretender lenders.

    I heard a Virginia judge say that as long as the note is real and the parties are present, he could care less about where the money com from.

    the blank endorsements are in fact needed to fake the coreclosure if things got messy, spscially in non judi ial states like VIRGINIA, where most judges would not care about the securitization issues and would not even venture to allow challenges to the note and DOT based on this fraudulent and misleading document trail.

  25. Call Your Attorney General, February 3, to Call For Tough Penalties for Foreclosure Fraud

    A number of national consumer groups are organizing calls to state attorney generals to stiffen their collective spines. As you may recall, the 50 state attorney general investigation into mortgage and foreclosure abuses started with the usual fanfare and promises of tough action and has been trying to beat a quiet retreat since them.

    The AG leading the probe, Tom Miller of Iowa, made a public promise in December to put bank
    executives in jail for the crimes they’ve committed against the American people. Last week, he backtracked almost completely, and is now claiming the matter is inherently civil, not criminal. The laws certainly haven’t changed since last year, only the party line has.

    You can find your AG’s # here:

    http://consumerfraudreporting.org/stateattorneygenerallist.php

  26. All of this goes to what happened prior to origination, at origination, and just after origination — and is relevant as to the creditor at that time.

    But, even if there are counter-claims, fraud in origination cannot be introduced at foreclosure actions. First need to know current creditor – NOW — – which is far removed from warehouse loan years ago – then can go back to origination fraud.

    And, yes — many loans do not involve MERS – which supports that MERS is irrelevant in the chain of transfer.

  27. I am going through this situatiin right now, the lender instructions indicate the loan had been sold forward to Aurora and Lehman, the note says FIRST MAGNUS FINANCIAL, the DOT says MERS, First MAGNUS SHOWS UP WITH THE ALLEGED NOTE WITH blank endorsement stamped undated by the post closing department.

    the bk filings for FMFC tell tge whole story of the selling forward scheme with the price of 103% of the loan amount. they also tell the bk court about the alleged haircut. So how do they ontribute a haircut to the loan if they have sold the loan forward with a projected profitin excess of 3%.

    But the judge is inclined to rule on the pretender since the documentation in front of him tell a story, granted not the real story. how do we show him this pretender has been paid in full and they are lying to the court.

  28. Maher Soliman
    not all warehouse lending deals involved MERS

  29. WAREHOUSE LENDER EXPERIENCE
    MGCA 1998-2002
    PRIORITY BANCORP 1996-1997

    M.Solimn – – – Warehouse lending is really mortgage banking hidden by a nominee MERS. You need to consider the value of th emortgage or Note Amount vs basis is Average Outstanding Balance. The Curtailment or Haircut is all you ever will require to establish a holder in due course.

    The fact the borrower is a debtor to the lender & beneficiary is of no consequence to borrowers i.e. Obligee, warehouse bank and obligor the lender.

    See FAS and GAAP rules changes for treatment of consolidated entities acting as seprate transfers and sale. Of course hidden by MERS!

    Survey say’s – No sale and recognition

    Terms to know – Hospital line, blank endorsements, collateral file, sub servicing, servicing transfers, refinancing stales, scratch and dent warehousing, good funds.

    Soliman M.

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