STUDY: Mortgage Assignments to Washington Mutual Trusts Are Fraudulent

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EDITOR’S NOTE: We know the foreclosures were gross misrepresentations of fact to the Courts, to the Borrowers and to the Investors. This article shows the crossover between the MegaBanks — sharing and diluting the responsibility for these fabrications as they went along. If you are talking about one big bank you are talking about all the megabanks.

The evidence is overwhelming. The reasons are many. But the fundamental theme here is that Banks are committing widespread fraud using the appearance of credibility just because they are banks.

Thus the strategy of pushing hard in discovery and persevering through adverse rulings appears to be getting increasing traction. Every time anyone, including judges, take a close look at this mess the conclusion is the same — the Banks’ foreclosures have been a sham. The homeowners still legally own their home and the lien is unenforceable or non-existent.

What part of the obligation of the borrower still exists? To whom is it payable? These are questions the Banks as servicers refuse to answer. It’s a simple set of questions that never had any bite to them until now.

From Lynn Symoniak

Mortgage Fraud

Bank of America
JP Morgan Chase
Lender Processing Services
WaMu Trusts
Washington Mutual
WMABS Trusts
WMALT Trusts

Action Date: August 6, 2011
Location: Jacksonville, FL

An examination of over 5,000 Mortgage Assignments to Washington Mutual
Trusts shows that these Trusts (WaMu, WMALT and WMABS) used Mortgage
Assignments signed by employees of JP Morgan Chase to foreclose. The
most prolific of the Chase signers, all from Jacksonville, Florida,
include Elizabeth Boulton, Margaret Dalton, Barbara Hindman, Patricia
Miner, Roderick Seda and Shelley Thieven. These Chase employees sign
as MERS officers on behalf of at least 30 different mortgage companies
to convey mortgages AND NOTES to Washington Mutual trusts that closed
years earlier.

In the vast majority of these cases, Bank of America is the Trustee.

Because the original loan documents are missing, Bank of America
allows Chase to make up new documents as needed to foreclose. The vast
majority of these Assignments state that the Trusts acquired these
mortgages in 2009 and 2010.

There are two separate frauds here:

1. not having the documents despite the promises to investors that the
documents were obtained and safely held; and

2. fabricating the replacement documents to foreclose.

In almost every case, Bank of America is the Trustee.

Did the FDIC just not notice any of this? There are thousands of these
specially-made Assignments signed by Chase employees for WaMu, WMALT
and WMABS trusts used across the country.

When Bank of America did not use documents fabricated by Chase to
foreclose, it used documents fabricated by LPS in Dakota County, MN.

40 Responses

  1. E.Tolle
    Dame is by nationwide network who makes possible trading notes possible MERS is simply database created for these transactions and FREDDIE MAC institutional investor and Fannie Mae, and FDIC insure this mess through OCC and OTS regulation! and Zero processing of negligent transactions recommended for criminal prosecution since CONGRESS vested EXTRAORDINARY POWERS YEAR 2000 WHEN CONGRESS BLESSED FINANCIAL MODERINZATION ACT.

  2. https://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

    Aztec Foreclosures Corp – robo foreclosure mill in non-judicial states including CA. Read all about how during pre-foreclosure through sale of property ‘services’ offered to ‘trustees’ – reo brokers – to take possession of property using deceptive practices withholding substantive omissions of material facts and withhold who is the real ‘Trustee’ and the real ‘loan trust’ the monthly P&I is an asset as a receivable inside of a PSA which closed a long time ago then has the DEED OF TITLE updated? And any REO Broker/Lender will be unable to sell property c/o the Institutional Bank without signing a waiver regarding the defective title.

    All only possible via nationwide integrated network one whose members are integrated with the only approved Originator Vendor of FREDDIE MAC and eFANNIEMAE

    The ‘Uniform Collateral Document’ FILE DOC ID (Label) 10 alpha/numeric characters affixed to ‘maximum 3 apprasials, and loan documents, maximum file size’ required for March 2012 rollout.

    In a perfect world, the institutional banker and the insitutional investor control the nationwide clearing houses, credit facilities, data, portals, in the taking of the real estate in the Finance Universe.

    President O’Bama will do down in the history books for allowing the evidence to be destroyed!

    Wake Up! You all have access to evidence and do nothing and let them get away with harming the economy, harm welfare of nation,

    THE ‘CASHIER’S CHECK’ ISSUED WHEN YOU REFINANCED IS EVIDENCE!

    Remitter ‘Ordered By (Party who purchased Cashier Check)
    Loan# (purchaser of servicing rights) (pays Seller of discounted loan)
    Financial Institution ‘Remitter’ paid cash documented in the header of the check, Account Holder documented in header of the check.
    The third party the check payable too, the settlement agent/bank attorney,

    The ‘deposit’ inside of the address
    Financial Institution
    Account Holder
    c/o Corporate Trust Services Treasury name & address on check

    Check represents cash deposited into seller’s depository for NEW LOAN, which consumer will begin making payments
    The PSA the Loan# related to, and the Lenders Policy will be issued by the settlement agent as instructed by party who ordered the Cashier’s Check, the same date the mortgage will be recorded which will be the month after the first payment as a payable to the servicer.

    The following month the PSA will be open, the Issuing Entity will be a pass thru agency using a fictitious name over SEC preparing Institutional Bank c/o Master Servicer and Institutional Investors as Underwriters who will get paid by ( ? ? ? ? ) monies of ‘certificate holders – senior holders who take the pension plan money as asset of issuing entity. Hello! Anybody listening?

    The PSA will close during the 2nd month of the payable by the borrower now a consumer having purchased a loan, and has become the ‘revenue stream’ as an asset of the ‘Servicer’ as depositor who as Seller of the loans will by the 3rd month of the loan, be recording the deposits into the fund c/o Master Servicer’s Institutional Bank.

    MEANWHILE THE OTHER BIG FRAUD! IGNORED

    The existing loan related to the borrower will be placed into a forced default in order that the existing loans escrow issued during Origination (in whole loan transfer which takes place following RETAIL CLOSING WITH SERVICER), that escrow will be applied over 91+ days in default account so that by the 120th day the SERVICER who owns the ‘servicing rights’ at that time! will write off the bad debt and collect on Lender’s policy whatever they can as related to a false default. SERVICER has power after 90 days to do that!

  3. FCC (Federal Communications Commission) Where are you. Alike Waldo we don’t see you in the puzzle pieces…as regulator protecting consumers from frauds which harm welfare of this great nation. FCC you are vested powers by CONGRESS to protect welfare of nation and OCC does not have vistorial powers over FCC, so where are you the evidence in general purpose business entities not affixed national association and federal association, conjoined by Martin Act with Attorney General in New York, a home run!

    FCC where are you regarding eFalsified documents purchased (COMMERCE) via nationwide integrated network ?As documented by FBI trained expert witness? Why do you turn your back FCC? US Constitution all power regarding COMMERCE vested to CONGRESS both Houses. Congress prevents enforcement of laws both federal and state vesting vistorial powers to MOUTH of Federal Reserve ‘OCC’. Martin Act, and Attorney General of New York.

    Mortgage Assignments to Washington Mutual Trusts Are Fraudulent Posted on August 7, 2011 by Neil Garfield
    https://livinglies.wordpress.com/2011/08/07/study-mortgage-assignments-to-washington-mutual-trusts-are-fraudulent/

    EXPERT WITNESS:
    FBI Trained and Certified and trainor of FBI!

    FCC where are you?

    Expert Witness Lynn Symoniak with due dilligence continues reporting frauds of commerce in which paid for a fee, employees of information services technology giants subsidiaries, third parties, bank-affiliates, non-bank affiliates, continue perpetuating mortgage frauds for TRUSTEE including the most recent recognized witness updates of Mortgage Fraud

  4. eLynx Document Fabrication and Expedited Forgery System
    Posted on July 30, 2011 by Neil Garfield |

    Mortgage Broker’s for Originator’s bank attorneys utilize eLYNX. What is eLYNX? One of the eLectric delivery systems integrating all different members with authority over transactions in nationwide and network and financial global universe, including ‘Clearing House Association’ and LSTA, and LLI, and TD Services dba TD Escrow Services, and eCnomica, and …

    Let’s stop at eCnomica for a moment. Review their website and you’ll find how transactions GMAC BANK TRUST OPERATIONS Approval 1999 forward eCnomeia whose integrated with FIDELITY (FIS) Fidelity Information Services, and MERS and
    eLynx integrates electronic document delivery, online forms, electronic consent, and eSignatures into commercial client’s portals. Information and documents from multiple systems of origination can be presented within a single, consistent interface. Borrowers can provide information back to you securely and electronically. They don’t mean ‘consumers’ they mean everyone else.

    Authority of MEMBERS to ORDER (COMMERCE) and PAY for ‘transactions’ in which the FCC Federal Communications Carrier reguolatory agency with authority over alleged unlawful business acts!

    Robo-signatories exist inside of all providers of eLectric LPS/DOCX remediation’s, the nationwide network of attorney’s & title & settlement agents who are eLynx and/or eDelivery participants and not part of MERS as a MEMBER but the ‘common denominator’ of all ‘retail’ escrow transactions who link to the MERS members through other services including LPS/DOCX and eLynx and TD Services.

    TD Services dba TD Escrow (special services just for non-judicial states) part of the MERS network. Look at graphic revealing ‘MERS’ and Fidelity and the cloud and….

    Consider the fact in the member profile, that MERS identifies who is an eDelivery and eParticipant — a rather significant fact that the systems and transactions are indeed integrated. Many have asked ‘what is eDelivery and eParticipant’ well its eLynx members who are integrated with MERS Members

    Who is the MERS MEMBER? First 7 digits of a ‘Min’ # are the ‘Members ID number assigned. You can view the profile of the member who handled one transaction controlled by a 10 digit agreement (sale or purchase) number followed by a hyphen and control digit. Not all transactions are recorded in MERS long arm reach database. But LPS and DOCX and TD Services and eLynx all are integrated to communicate via the ‘cloud’ internet.

    For those of you who have never viewed a ‘MERS’ Member Profile pay particular attention to eRegistry Participant and eDelivery Participant and Lines of Business.

    Remind yourself that Wells Fargo Commercial Bank does not do residential mortgages clearly restated June 1998 in the public domain. Mark Oman of Norwest and Pete Wissinger liked the ‘stagecoach’ private brand label better than the ‘Norwest’ image of Alt-A assets and subprime lending.

    Example of ‘servicer’ and ‘escrow’ transactions both eRegistry and eDelivery.

    Corporate Name: GMAC Mortgage, LLC
    Address: 3451 Hammond Ave Mail Code 507-345-186
    City,State,Zip: Waterloo, IA 50702
    Toll Free Number: (800) 766-4622
    Direct Number: (800) 766-4622
    Fax Number: (999) 999-9999
    Primary Contact: GMAC MERS Dept.
    Website: http://www.gmacmortgage.com
    Member Org ID: 1000375
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian

    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Notice ‘eDelivery’ an enterprise-wide eDelivery solution including Settlement Agent Management and integrates with ‘MERS’.

    Settlement Agent Management ‘common denominator’ for all ‘retail’ servicer escrow transactions nationwide.

    “With the increased risk of fraud and greater need for scrutiny in the loan process, lenders need more transparency with their closing partners and agents.

    The Settlement Agent Management (SAM) component of the eCN from eLynx gives lenders the tools and information they need to work with their closing partners.

    At the heart of eLynx’s electronic closing network (eCN) is SAM. 100,000 of the nation’s closing agents are registered and maintained within eCN. Registered agents handle closings for virtually every bank in the US. It is a simple process taking a settlement agent just a few minutes, but it greatly reduces a lender’s risk of fraud perpetuated by closing agents.

    SAM also provides greater visibility into the status of the closing including the scheduled closing date and information about funds disbursement.

    eLynx (company) products tracks and audits document delivery & receipt even can automatically print and mail documents if eDelivery is not successful

    “For over a decade, eLynx has provided the most secure eDelivery applications available, allowing you to securely send data and documents wherever they need to go.”

    Provides secure document delivery with tracking and auditability
    Combines multiple documents into a single document or package to simplify consumption

    Can include optional E-SIGN and UETA-compliant eSignatures

    The great advantage of eDelivery is the speed. Instead of waiting for days to receive a document in the mail, a notice arrives in email almost instantaneously. eLynx’s eDelivery services require different levels of authentication to pick-up the information, which is much more secure than regular email.

    Technology includes: HUD-1 Reconciliation; eDelivery, eSignature, eClosing, Collaboration, Fraud Mitigation, On-demand Platform, Document Viewing, …

    Read description of ‘eDelivery’ on eLynx and you’ll understand how the attorney and settlement agent were part of the nationwide title & settlement services ‘retail’ escrow transactions linking to MERS. You’ll begin to understand the original note is scanned digitally and reproduced as needed.

    NOTE: 10 Year life span of GMAC Mortgage of Iowa, GMAC Mortgage of PA, in 2006 sold and become new entity GMAC LLC. Financial Holding Companies must sell all affiliates and non-bank affiliates per rules of FED and they sell back to themselves in a different name or whom they are instructed to sell to.

    So any MERS transactions and retail escrow funding GMAC Mortgage, LLC dba as a business entity in PA where the website used as a registered fictitious name for another registered fictitious name GMAC Bank and we wonder why consumers as borrowers are vulnerable? don’t know this servicer will take consumer property into pipeline for benefit of beneficiary their parent not the consumer.

    INQUIRING MINDS WANT TO KNOW:
    HOW DID ‘CHASE HOME LENDING’ A ‘SUB-SERVICER’ at Retail who did not record their own MIN 18 digits used third party temporary lenders, and Chase listed below was not a eDelivery participant with eLynx. Hmmmmm.

    Corporate Name: Chase Manhattan Mtg. – Deerfield
    Address: 780 Kansas Lane
    City,State,Zip: Monroe, LA 71203-4774
    Toll Free Number:
    Direct Number: (318) 699-4636
    Fax Number: (318) 555-3344
    Primary Contact: Rachel Pylant
    Website:
    Member Org ID: 1000565
    Lines Of Business: Subservicer, Investor

    eRegistry Participant: No
    eDelivery Participant: No

    NOTE: Chase Manhattan Mortgage Corporation 1996/1997 affiliate of Norwest with GMAC-RFC – largest producer of non-conforming mortgage products not eRegistry nor eDelivery. Hmmmmmm.

    INQUIRING MINDS WANT TO KNOW HOW DID ‘Wells Fargo Home Mortgage’ storefronts from June 2004 forward nationwide active as ‘eRegistry and eDelivery participants for both originations and servicing through the Minneapolis MN – Correspondent Business Operations? was never an ‘investor’? Hmmmm. Not therefore ‘Wells Fargo Bank NA’ hmmmm.

    Corporate Name: Wells Fargo Home Mortgage
    Address: 2701 Wells Fargo Way X9998-012
    City,State,Zip: Minneapolis, MN 55467
    Toll Free Number:
    Direct Number: (651) 605-3711
    Fax Number: (952) 562-0980
    Primary Contact: Masse Adjetey
    Website:
    Member Org ID: 1005298
    Lines Of Business: Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    NOTE: EMAIL of ‘wellsfargo.com’ ordering title & settlement agents and local attorneys for their ‘mortgage brokers’ to place title policy in name of ‘x’ lender and for ‘x’ amount…. hmmmm. did order the retail escrow transactions – and are the recognized nationwide lender who does not do ‘mortgages’ and integrated in the title & settlement agency of former PHH and Cendant Settlement Services morphed into 4 IPO’s 2006-2008 – hmmmmm.

    eLynx Webinar: Executing Your eLending Strategy for Fiserv Customers

    So read all about Electronic Closings referred to Post Close and Servicing phase of loans, documents converted to paper because lenders lack infrastructure for secure electronic delivery of servicing documents to borrowers. Electronic documents require signatures and without the ability to capture binding signatures electronically, you may have to rely on wet signatures (or blue ink) which would require in-house staff to process and scan incoming mail before you could leverage electronic delivery to borrowers. eLynx can help you (clients of commercial banks) to automate the entire post close and servicing operations.

    https://livinglies.wordpress.com/2011/08/10/cochrane-cnn-fails-reporting-standards/

  5. US Trust Corp (TRUSTEE) acquired Chase Manhattan Corp and is TRUSTEE for Bank of America NA

  6. Consumers as borrowers are vulnerable and do not know that the nationwide network that facilities falsified documents operates under many names the real estate agents, mortgage brokers, lender/underwriters, appraisers, reo lender/underwriters utilize daily to originate and foreclose over and over and over again.

    eCnomia alone on their website reports over 900 title agencies, closing attorneys and mobile notaries in 48 states have signed on to the Encomia closing agent network.

    Members are underwritten by Stewart Title Guaranty,
    Land America,
    Fidelity National Title,
    First American, and
    Old Republic National Title Co.,
    and other national and regional title companies.

    Barbar Krawczun, VP, GMAC Bank Trust Operations

    GMAC BANK TRUST OPERATIONS RECOMMENDS Encomia who has existed since 1999 providing integrated services including the Title and Settlement Services, and Notary Services and MERS, and …

    GMAC Accepting E-Mortgages GMAC Bank has taken a huge step in furthering e-mortgage adoption.

    “GMAC” “Encomia’s eValut software met specific business and functional requirements sought by GMAC Banker’s Trust Operations. Encomia continues to provide ongoing support for eMortgage Initiatives company wide.”

    Encomia offers electronic closing (eClosing) technology for title and settlement industry professionals.

    Encomia eSign enables you to create eSign-capable electronic title documents. You can allow borrowers to view loan closing documents online in advance, so the closing process takes as little as 15 minutes. Benefits include:
    Faster closings – You can turn closing day into moving day for home buyers, who view documents in advance of coming to the closing table.

    Secure, error-free closings – Automatic signing prompts mean a signature or initial won’t be passed over.

    Competitive advantage – eLending dramatically expedites the closing of consumer mortgage loans, saving you time and money. Get the most out of your office space and staff with our fast closing process.

    Encomia Houston TX works closely with numerous financial institutions – all sizes – Fortune 500 to independent mortgage banks.

    eCnomia founded 1999, integrated solution electronically consolidates entire lending process. Scalable software, web-based applications enable banks, builders, document custodians to quickly become eLending ready. Partnered with NNA National Notary Association to furnish notaries with comprehensive eSign and eNotary solution.

    Fidelity National Information Services, Inc.
    Fidelity National Information Services, Inc. (NYSE:FIS) is a leading provider of core financial institution processing, card issuer and transaction processing services, mortgage loan processing and related information products and outsourcing services to financial institutions, retailers, mortgage lenders and real estate professionals. FIS’ Empower division offers an enterprisewide loan origination system that addresses every facet of the loan process, from lead generation through funding and postclosing. For more information on Fidelity National Information Services, please visit http://www.fidelityinfoservices.com.

    About Encomia Founded in 1999, Encomia provides an integrated solution that electronically consolidates the entire lending process. Our scalable software and web-based applications enable banks, builders and document custodians to quickly become eLending ready. Based in Houston, Texas, Encomia works closely with numerous financial institutions of all sizes, from Fortune 500 companies to independent mortgage banks.

    Encomia actively participates in the Mortgage Industry Standards Maintenance Organization (MISMO), which created and now advances the guidelines for electronic mortgages. Encomia has also partnered with the National Notary Association (NNA) to furnish notaries with a comprehensive eSign and eNotary solution.

    MERS
    MERS was created by the mortgage banking industry to eliminate the need for preparing and recording multiple assignments when trading mortgage loans. The MERS system provides a single assignment registration entity, where servicing changes are tracked continuously over the life of a loan. MERS has been instrumental in establishing the National eNote Registry.

  7. Are Fidelity National Bankruptcy & Foreclosure Solutions the same as Lender Processing Services? How are they related? My understanding is FNBFS is the parent company of LPS, but I cannot confirm…

  8. The MISTAKE 60 Minues Made ‘assuming’ LPS/DOCX only company involved in falsification of documents. MERS 1996. Others jumped on a very profitable bandwagon include Encomia, Houston TX who utilize:

    SmartDoc In the traditional paper-based mortgage process, loan documents are created, executed, and stored as paper files. In the eMortgage process, loan documents are converted to an electronic format known as a SMART Doc. SMART Docs are based on XML, an Internet-based technology that allows the document itself and the data that fills the document to be separated. Loan-specific data is used in the SMART Doc and throughout the process, eliminating the need for duplicate data entry. Using SMART Doc, loan documents are queried, audited, executed, transferred, and archived entirely in the electronic medium.

    eLending… 1999 – GMAC BANK TRUST OPERATIONS recommends Encomia….

    GMAC Trust Operations endorses e-mortgage:
    Barbar Krawczun, VP, GMAC Bank Trust Operations

    GMAC Accepting E-Mortgages GMAC Bank has taken a huge step in furthering e-mortgage adoption.

    “GMAC” “Encomia’s eValut software met specific business and functional requirements sought by GMAC Banker’s Trust Operations. Encomia continues to provide ongoing support for eMortgage Initiatives company wide.”

    Encomia offers electronic closing (eClosing) technology for title and settlement industry professionals.

    Encomia eSign enables you to create eSign-capable electronic title documents. You can allow borrowers to view loan closing documents online in advance, so the closing process takes as little as 15 minutes. Benefits include:
    Faster closings – You can turn closing day into moving day for home buyers, who view documents in advance of coming to the closing table.

    Secure, error-free closings – Automatic signing prompts mean a signature or initial won’t be passed over.

    And so, the Loan Purchase Agreements and Mortgage Loan Purchase Agreements are the 10 digit documents (standard decided in 2003) traded are recorded inside of MERS, but the 7 digit prefix MIN MEMBER is the only ‘unique’ ID to MERS, the 10 Digits of the Agreements are universal in the ‘universe’ as collateral in the financial world of the ‘Clearinghouse Association’ and LSTA, LLI, CREDIT FACILITIES, ….

    Competitive advantage – eLending dramatically expedites the closing of consumer mortgage loans, saving you time and money. Get the most out of your office space and staff with our fast closing process.

    Over 900 title agencies, closing attorneys and mobile notaries in 48 states have signed on to the Encomia closing agent network. Members are underwritten by Stewart Title Guaranty, Land America, Fidelity National Title, First American, and Old Republic National Title Co., and other national and regional title companies.

    Encomia Houston TX works closely with numerous financial institutions – all sizes – Fortune 500 to independent mortgage banks. Founded 1999, integrated solution electronically consolidates entire lending process. Scalable software, web-based applications enable banks, builders, document custodians to quickly become eLending ready. Partnered with NNA National Notary Association to furnish notaries with comprehensive eSign and eNotary solution.

    Fidelity National Information Services, Inc.
    Fidelity National Information Services, Inc. (NYSE:FIS) is a leading provider of core financial institution processing, card issuer and transaction processing services, mortgage loan processing and related information products and outsourcing services to financial institutions, retailers, mortgage lenders and real estate professionals. FIS’ Empower division offers an enterprisewide loan origination system that addresses every facet of the loan process, from lead generation through funding and postclosing. For more information on Fidelity National Information Services, please visit http://www.fidelityinfoservices.com.

    About Encomia Founded in 1999, Encomia provides an integrated solution that electronically consolidates the entire lending process. Our scalable software and web-based applications enable banks, builders and document custodians to quickly become eLending ready. Based in Houston, Texas, Encomia works closely with numerous financial institutions of all sizes, from Fortune 500 companies to independent mortgage banks.

    Encomia actively participates in the Mortgage Industry Standards Maintenance Organization (MISMO), which created and now advances the guidelines for electronic mortgages. Encomia has also partnered with the National Notary Association (NNA) to furnish notaries with a comprehensive eSign and eNotary solution.

    MERS
    MERS was created by the mortgage banking industry to eliminate the need for preparing and recording multiple assignments when trading mortgage loans. The MERS system provides a single assignment registration entity, where servicing changes are tracked continuously over the life of a loan. MERS has been instrumental in establishing the National eNote Registry.

    encomia
    An eVault keeps your transferrable assets safe and assures authenticity.
    Save time and money with instant electronic loan delivery and unlimited audit capability.

    Encomia eVault is a secure location for the storage of electronic loan douments. The eVault allows you to audit financial documents for completeness and tamper evidence before accepting them. Documents are easily transferred between investors using our intuitive client interface, and custom reporting tools are already built into the system.

    Encomia’s electronic vault is seamlessly consolidated with all our other software modules (Print2SMARTDoc, eDisclosures, and eSign). Using the electronic vault in conjunction with the entire Encomia Solution reduces deployment time, cost and risk as you become eLending enabled.

    Encomia works closely with MERS® (Mortgage Electronic Registration System), the independent eMortgage registry that ensures viable investor documents. As a result of Encomia’s full integration with the MERS eRegistry, documents not only will be fully integrated into your enterprise system, but they will also be registered automatically.

    Benefits:
    Expedites loan funding
    Significantly reduces the costs of loan processing and storing
    Instant and automatic electronic loan delivery
    Unlimited audit capability
    Drastically reduced certification time
    Low deployment costs
    Reduced investor risk
    Features:
    Accepts all common file formats, including SMART Doc, PDF, TIFF, JPEG, DOC, etc
    Generates custom reports for all mapped document data
    Built with web services for easy integration
    Fully integrated with the MERS® eRegistry
    Full MISMO electronic mortgage standards compliance

    Del Mar Database
    Del Mar Database is one of the nation’s fastest growing mortgage technology providers. With over 450 customers and proven 15 years, DataTrac®, our flagship product, is designed to meet the needs and budgets of small to medium-size lenders, brokers becoming lenders, credit unions, and community banks. Del Mar Database is a wholly owned subsidiary of Fiserv, Inc.

    Street Resource Group, Inc.
    With more than twenty years of experience serving the financial services industry, Street Resource Group, Inc. (SRG) is the only technology and consulting company dedicated solely to the needs of mortgage warehouse lenders. Through this specialized expertise and its flagship product, Warehouse Lending System (WLS), SRG helps companies enhance best practices, streamline processes, reduce risks and automate the complete mortgage warehouse. For more information, visit http://www.streetresource.com or call 770-390-3000.

    National Notary Association
    As the leading authority on the American Notary office, the National Notary Association (NNA) is committed to educating and supporting Notaries throughout the United States while inspiring confidence and unity among them all.

    Established in 1957, the NNA is recognized nationally and internationally as an advocate of both sound notarial practices and the office of the American Notary itself.

  9. Researching eLoans, Inc. who ‘discharged’ two mortgages in two different states which *Mortgagges are not recorded, signatures of officer of eLoans, Inc. different. Multiple states. MIN# 1000396
    Corporate Name: E-Loan, Inc.
    Address: 120 Broadway, 16th Floor
    City,State,Zip: New York, NY 10271
    Toll Free Number:
    Direct Number: (212) 471-6615
    Fax Number: (212) 417-6602
    Primary Contact: Nora Gonzalez
    Website:
    Member Org ID: 1000396
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian, Master Servicer
    eRegistry Participant: No
    eDelivery Participant: No

    Now ELoans now eRegistry nor eDelivery participant. They are ‘member’ of another corporation who facilities the fraud. Much broader than ‘LPS/DOCX’ of Fidelity, and much broader than TD Services dba TD Escrow Services.

    The Discharge of Mortgage for 2 families, wonder if involved falsification to take property again by deceptive acts in the electronic nationwide network.

  10. The real documents exist copied into edocuments. TRUSTEE has to allow documents to be claimed lost and recreated to hide intent to take property by deceptive acts, to take possession of property in a larcenous manner, ….

  11. Fraud facilited by nationwide network whose members integrated via CLOUD include eLynx, Fidelity Info Services FIS, TD Services dba TD Escrow Services, nationwide network merged 1996 combinging virtual integrated networks of bank attorneys, real estate attorneys, title and settlement agents, agencies, brokers, dealers, distributors, temporary lenders/underwriters, mortgage broker’s pipeline:

    https://livinglies.wordpress.com/2011/07/30/elynx-document-fabiracation-and-expedited-forgery-system/

  12. not having the documents despite the promises to investors that the
    documents were obtained and safely held; and

    MY SENSE HAS ALWAYS BEEN THAT THIS IS THE GREATER EVIL–I CANNOT UNDERSTAND WHY THE LEGAL WORLD SEEMS TO OVERLOOK THE NASTY IMPLICATIONS THAT THIS HAS FOR THE BORROWER–RISK OF PAYING THE WRONG PARTY. IT SEEMS CLEAR TO ME WHEN A BANK AS TRUSTEE FOR ABC LOSES THE FILE —-ESPECIALLY WHEN THERE WAS NO LOAN SCHEDULE FILED WITH EITHER SEC OR PROPER STATE UCC FILE KEEPER, THAT THE GREATEST RISK LAYS WITH THE BORROWER. THE BANKS ASSIDUOUSLY AVOID EXECUTING RELEASES AND INDEMNITIES EXCEPT AS TRUSTEE OF SOME PERHAPS NONEXISTENT FOREIGN TRUST—SO WHAT IF PARTY B COMES ALONG AND MAKES A DEMAND WITH NOTE IN HAND? HOW CAN ONE BE RELEASED BY A NON-PARTY. TODAY IT IS MORE LOKIELY THAT SOME SERVICER EMPLOYEE WILL SIGN ON BEHALF OF THE BABK AS TRUSTEE TO FURTHER INSULATE THE BANK FROM ANY FRAUD IN THE INDUCEMENT OF A SETTLEMENT–DO NOT ACCEPT ANYTHING BUT THE ACTUAL BANK SIGNING IN ITS OWN CAPACITY BY ITS OWN EMPLOYEE–OTHERWISE SOMETHING IS AMISS.

    GOOD FOR LYNN SYMONIAC–THENASTY DEAL WITH HER SON WAS REPRESHENSIBLE–IT SIMPLY DEMONSTRATES THAT THERE IS NOTHING TOO LOW FOR THEM TO DO. ETHICALLY OR LEGALLY.

  13. Sorry the supporting PDF documents did not come through but if any lawyers out there are interested and send me a replie email and I will forward the supporting PDF copies along with the text

    Hold onto your hats Folks…

    There are not just two separate frauds here: I finally figured out how to stop MERS [Mortgage Electronic Registration Systems Inc] as foreclosing entity and assignee in California and possibly throughout the United States and it applies to all previous mortgages as well Follow the logic:

    The block in totality applies to every mortgage entered into or foreclosed upon since the name MERS {Mortgage Electronic Registration Systems Inc] was suspended by official action of the Franchise Tax Board and the Secretary of State the name cannot be used by MERS [either California or Delaware] because of Section 201B of the Corporartion as both Names were/are identical and still remain suspended thereby invoking at least during the known period of suspension [since 2004] [See below] and activate the following bar to conducting any real estate transaction

    (d) If a taxpayer’s powers, rights, and privileges are forfeited or suspended pursuant to Section 23301, 23301.5, or 23775, without limiting any other consequences of such forfeiture or suspension, the taxpayer shall not be entitled to sell, transfer, or exchange real property in California during the period of forfeiture or suspension

    CALIFORNIA CODES CORPORATIONS CODE SECTION 200-213

    Undoubtedly two identical names are likely to deceive the public

    201. (a) The Secretary of State shall not file articles setting forth a name in which “bank,” ” trust,” “trustee” or related words appear, unless the certificate of approval of the Commissioner of Financial Institutions is attached thereto. This subdivision does not apply to the articles of any corporation subject to the Banking Law on which is endorsed the approval of the Commissioner of Financial Institutions.

    (b) The Secretary of State shall not file articles which set forth a name which is likely to mislead the public or which is the same as, or resembles so closely as to tend to deceive, the name of a domestic corporation, the name of a foreign corporation which is authorized to transact intrastate business or has registered its name pursuant to Section 2101, a name which a foreign corporation has assumed under subdivision (b) of Section 2106, a name which will become the record name of a domestic or foreign corporation upon the effective date of a filed corporate instrument where there is a delayed effective date pursuant to subdivision (c) of Section 110 or subdivision

    c) of Section 5008, or a name which is under reservation for another corporation pursuant to this section, Section 5122,Section 7122, or Section 9122, except that a corporation may adopt a name that is substantially the same as an existing domestic corporation or foreign corporation which is authorized to transact intrastate business or has registered its name pursuant to Section 2101, upon proof of consent by such domestic or foreign corporation and a finding by the Secretary of State that under the circumstances the public is not likely to be misled. The use by a corporation of a name in violation of this section may be enjoined notwithstanding the filing of its articles by the Secretary of State. (c) Any applicant may, upon payment of the fee prescribed thereforin the Government Code, obtain from the Secretary of State a certificate of reservation of any name not prohibited by subdivision(b), and upon the issuance of the certificate the name stated therein shall be reserved for a period of 60 days.

    The Secretary of State shall not, however, issue certificates reserving the same name for two or more consecutive 60-day periods to the same applicant or for the use or benefit of the same person, partnership, firm or corporation; nor shall consecutive reservations be made by or for the use or benefit of the same person, partnership, firm or corporation of names so similar as to fall within the prohibitions of subdivision (b).

    23303. Notwithstanding the provisions of Section 23301 or 23301.5,any corporation that transacts business or receives income within the period of its suspension or forfeiture shall be subject to tax under the provisions of this chapter.

    Identically MERS has no exemption to use of the state Real Property registery authorizing it to use EDS/LPS or MERSREGISTRY therefore they owe significant fees under the following statute: [Unjust Enrichment] These are triggered any time MERS conmducts a foreclosure or completes an assignment of s mortgage on part of its primary

    MERS either California or Delaware is additionally in violation of the following state-county statute

    CALIFORNIA CODES REVENUE AND TAXATION CODE SECTION 11911-11913

    11911. (a) The board of supervisors of any county or city and county, by an ordinance adopted pursuant to this part, may impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the county shall be granted, assigned,transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars($100) a tax at the rate of fifty-five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof. (b) The legislative body of any city which is within a county which has imposed a tax pursuant to subdivision (a) may, by an ordinance adopted pursuant to this part, impose, on each deed,instrument, or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed(exclusive of the value of any lien or encumbrance remaining thereonat the time of sale) exceeds one hundred dollars ($100), a tax at the rate of one-half the amount specified in subdivision (a) for eachfive hundred dollars ($500) or fractional part thereof. (c) A credit shall be allowed against the tax imposed by a countyordinance pursuant to subdivision (a) for the amount of any tax dueto any city by reason of an ordinance adopted pursuant to subdivision(b). No credit shall be allowed against any county tax for a city tax which is not in conformity with this part.

    11912. Any tax imposed pursuant to Section 11911 shall be paid byany person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made,signed or issued.

    Causes of action are set forth below:

    CALIFORNIA CODES CIVIL CODE SECTION 1565-1590

    1571. Fraud is either actual or constructive.

    1572. Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:

    1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

    2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true,though he believes it to be true;

    3. The suppression of that which is true, by one having knowledge or belief of the fact; 4. A promise made without any intention of performing it; or,

    5. Any other act fitted to deceive.

    1573. Constructive fraud consists:

    1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,

    2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

    1574. Actual fraud is always a question of fact.

    QUESTIONS OF FACT ARE DECIDED BY JURIES

    CALIFORNIA CODES CIVIL CODE SECTION 1708-1725

    1708. Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.

    1709. One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.

    1710. A deceit, within the meaning of the last section, is either:

    1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

    2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;

    3. The suppression of a fact, by one who is bound to disclose it,or who gives information of other facts which are likely to mislead for want of communication of that fact; or,

    4. A promise, made without any intention of performing it.

    1711. One who practices a deceit with intent to defraud the public,or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.

    1712. One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.

    Is MERS responsible for the actions taken by corporate signors Officers California law says YES

    2337. An instrument within the scope of his authority by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the instrument itself.

    CALIFORNIA CIVIL CODE AGENCY SECTIONS 2295-2300, 2304-2326, 2330-2339, 2342-2345, 2349-2351

    2295. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.

    2296. Any person having capacity to contract may appoint an agent, and any person may be an agent.

    2297. An agent for a particular act or transaction is called a special agent. All others are general agents.

    2298. An agency is either actual or ostensible.

    2299. An agency is actual when the agent is really employed by the principal.

    2300. An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.

    2304. An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention.

    2305. Every act which, according to this Code, may be done by or to any person, may be done by or to the agent of such person for that purpose, unless a contrary intention clearly appears.

    2306. An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals, to be a fraud upon the principal.

    2307. An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.

    2308. A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.

    2309. An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.

    2310. A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.

    2311. Ratification of part of an indivisible transaction is a ratification of the whole.

    2312. A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.

    2313. No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.

    2314. A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise.

    2315. An agent has such authority as the principal, actually or ostensibly, confers upon him.

    2316. Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.

    2317. Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.

    2318. Every agent has actually such authority as is defined by this Title, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restriction upon his authority.

    2319. An agent has authority:
    1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and,
    2. To make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.

    2320. An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interest of his principal that he should do so, and there is not time to communicate with the principal.

    2321. When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.

    2322. An authority expressed in general terms, however broad, does not authorize an agent to do any of the following:
    (a) Act in the agent’s own name, unless it is the usual course of business to do so.
    (b) Define the scope of the agency.
    (c) Violate a duty to which a trustee is subject under Section 16002, 16004, 16005, or 16009 of the Probate Code.

    2323. An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.

    2324. An authority to sell and convey real property includes authority to give the usual convenants of warranty.

    2325. A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.

    2326. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.

    2330. An agent represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would accrue to the agent from transactions within such limit, if they had been entered into on his own account, accrue to the principal.

    2331. A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise.

    2332. As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.

    2333. When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those which are unauthorized.

    2334. A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof.

    2335. If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by him to his agent in good faith, before receiving notice of the creditor’s election to hold him responsible.

    2336. One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction, may set off against any claim of the principal arising out of the same, all claims which he might have set off against the agent before notice of the agency.

    2337. An instrument within the scope of his authority by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the instrument itself.

    2338. Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.

    2339. A principal is responsible for no other wrongs committed by his agent than those mentioned in the last section, unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service.

    2342. One who assumes to act as an agent thereby warrants, to all who deal with him in that capacity, that he has the authority which he assumes.

    2343. One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:
    1. When, with his consent, credit is given to him personally in a transaction;
    2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or,
    3. When his acts are wrongful in their nature.

    2344. If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he must, on demand, surrender it to such person, or so much of it as he has under his control at the time of demand, on being indemnified for any advance which he has made to his principal, in good faith, on account of the same; and is responsible therefor, if, after notice from the owner, he delivers it to his principal.

    2345. The provisions of this Article are subject to the provisions of Part I, Division First, of this Code.

    2349. An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:
    1. When the act to be done is purely mechanical;
    2. When it is such as the agent cannot himself, and the sub-agent can lawfully perform;
    3. When it is the usage of the place to delegate such powers; or,
    4. When such delegation is specially authorized by the principal.

    2350. If an agent employs a sub-agent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.

    2351. A sub-agent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the sub-agent.

    CALIFORNIA CODES REVENUE AND TAXATION CODE SECTION 23301-23305e

    23301. Except for the purposes of filing an application for exempt status or amending the articles of incorporation as necessary either to perfect that application or to set forth a new name, the corporate powers, rights and privileges of a domestic taxpayer may be suspended, and the exercise of the corporate powers, rights and privileges of a foreign taxpayer in this state may be forfeited, if any of the following conditions occur: (a) If any tax, penalty, or interest, or any portion thereof, that is due and payable under Chapter 4 (commencing with Section 19001)of Part 10.2, or under this part, either at the time the return is required to be filed or on or before the 15th day of the ninth month following the close of the taxable year, is not paid on or before 6p.m. on the last day of the 12th month after the close of the taxable year. (b) If any tax, penalty, or interest, or any portion thereof, due and payable under Chapter 4 (commencing with Section 19001) of Part 10.2, or under this part, upon notice and demand from the Franchise Tax Board, is not paid on or before 6 p.m. on the last day of the 11th month following the due date of the tax. (c) If any liability, or any portion thereof, which is due and payable under Article 7 (commencing with Section 19131) of Chapter 4of Part 10.2, is not paid on or before 6 p.m. on the last day of the 11th month following the date that the tax liability is due and payable.

    23301.6. Sections 23301, 23301.5, and 23775 shall apply to a foreign taxpayer only if the taxpayer is qualified to do business in California. A taxpayer that is required under Section 2105 of the Corporations Code to qualify to do business shall not be deemed to have qualified to do business for purposes of this article unless the taxpayer has in fact qualified with the Secretary of State.

    23302. (a) Forfeiture or suspension of a taxpayer’s powers, rights,and privileges pursuant to Section 23301, 23301.5, or 23775 shall occur and become effective only as expressly provided in this section in conjunction with Section 21020, which requires notice prior to the suspension of a taxpayer’s corporate powers, rights, and privileges.

    (b) The notice requirements of Section 21020 shall also apply to any forfeiture of a taxpayer’s corporate powers, rights, and privileges pursuant to Section 23301, 23301.5, or 23775 and to any voidability pursuant to subdivision (d) of Section 23304.1.

    (c) The Franchise Tax Board shall transmit the names of taxpayers to the Secretary of State as to which the suspension or forfeiture provisions of Section 23301, 23301.5, or 23775 are or become applicable, and the suspension or forfeiture therein provided for shall thereupon become effective. The certificate of the Secretary of State shall be prima facie evidence of the suspension or forfeiture.

    (d) If a taxpayer’s powers, rights, and privileges are forfeited or suspended pursuant to Section 23301, 23301.5, or 23775, without limiting any other consequences of such forfeiture or suspension, the taxpayer shall not be entitled to sell, transfer, or exchange real property in California during the period of forfeiture or suspension.23303. Notwithstanding the provisions of Section 23301 or 23301.5,any corporation that transacts business or receives income within the period of its suspension or forfeiture shall be subject to tax underthe provisions of this chapter.

    23304.1. (a) Every contract made in this state by a taxpayer during the time that the taxpayer’s corporate powers, rights, and privileges are suspended or forfeited pursuant to Section 23301,23301.5, or 23775 shall, subject to Section 23304.5, be voidable atthe instance of any party to the contract other than the taxpayer.

    (b) If a foreign taxpayer that neither is qualified to do business nor has a corporate account number from the Franchise Tax Board,fails to file a tax return required under this part, any contract made in this state by that taxpayer during the applicable period specified in subdivision (c) shall, subject to Section 23304.5, bevoidable at the instance of any party to the contract other than the taxpayer.

    (c) For purposes of subdivision (b), the applicable period shall be the period beginning on January 1, 1991, or the first day of the taxable year for which the taxpayer has failed to file a return,whichever is later, and ending on the earlier of the date the taxpayer qualified to do business in this state or the date the taxpayer obtained a corporate account number from the Franchise Tax Board.

    (d) If a taxpayer fails to file a tax return required under this part, to pay any tax or other amount owing to the Franchise Tax Board under this part or to file any statement or return required under Section 23772 or 23774, within 60 days after the Franchise Tax Boardmails a written demand therefor, any contract made in this state by the taxpayer during the period beginning at the end of the 60-day demand period and ending on the date relief is granted under Section 23305.1, or the date the taxpayer qualifies to do business in thisstate, whichever is earlier, shall be voidable at the instance of any party to the contract other than the taxpayer. This subdivision shall apply only to a taxpayer if the taxpayer has a corporate account number from the Franchise Tax Board, but has not qualified todo business under Section 2105 of the Corporations Code. In the caseof a taxpayer that has not complied with the 60-day demand, the taxpayer’s name, Franchise Tax Board corporate account number, date of the demand, date of the first day after the end of the 60-day demand period, and the fact that the taxpayer did not within that period pay the tax or other amount or file the statement or return,as the case may be, shall be a matter of public record.23304.5. A party that has the right to declare a contract to be voidable pursuant to Section 23304.1 may exercise that right only in a lawsuit brought by either party with respect to the contract in a court of competent jurisdiction and the rights of the parties to the contract shall not be affected by Section 23304. 1 except to the extent expressly provided by a final judgment of the court, which judgment shall not be issued unless the taxpayer is allowed a reasonable opportunity to cure the voidability under Section 23305.1.If the court finds that the contract is voidable under Section 23304.1, the court shall order the contract to be rescinded. However,in no event shall the court order rescission of a taxpayer’s contract unless the taxpayer receives full restitution of the benefits provided by the taxpayer under the contract.23305. Any taxpayer which has suffered the suspension or forfeiture provided for in Section 23301 or 23301.5 may be relieved there from upon making application therefor in writing to the Franchise Tax Board and upon the filing of all tax returns required under this part, and the payment of the tax, additions to tax, penalties,interest, and any other amounts for nonpayment of which the suspension or forfeiture occurred, together with all other taxes,additions to tax, penalties, interest, and any other amounts due under this part, and upon the issuance by the Franchise Tax Board ofa certificate of revivor. Application for the certificate on behalf of any taxpayer which has suffered suspension or forfeiture may be made by any stockholder or creditor, by a majority of the surviving trustees or directors thereof, by an officer, or by any other person who has interest in the relief from suspension or forfeiture.

    CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 17900-17930

    17903. As used in this chapter, “registrant” means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business.

    17910. Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a) File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business. (b) File a new statement after any change in the facts, in accordance with subdivision (b) of Section 17920. (c) File a new statement when refiling a fictitious business name statement.

    17910.5. (a) No person shall adopt any fictitious business name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.”unless that person is a corporation organized pursuant to the laws of this state or some other jurisdiction.

    In 2005 I sued MERS and MERSCORP both successfully I also sued the California Department of Corporartions and California Secretary of State in small claims court I settled those small claims cases for a Certificate of a Non Filing entity and a letter see below

    17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter.

    This is one of the items obtained from that small claims suit

    According to the Enforcement Division of the SEC in Washington which I spoke to both under Paul Cox and Mary Schapiro Ace Securities a Chinese Shadow Bank doing business under a Japanese Division of the Karachi stock Exchange fraudulently filed 85000 documents with the SEC and loaned out over 39 Trillion dollars [One trillion dollars is a stack of 100 dollar bills 700 miles in heigth] never paid any state or federal taxes claiming that it was a Delaware business trust [A trust declared to be illegal outside of Delaware by the IRS an abusive trust] but loaned mostly to Bank of America Wachovia Wells Fargo CountryWide Washington Mutual and a host of others including Ownit Mortgage [From CNN Special A house of cards infamy] mostly through HSBC as Trustee and securitized through MERS [Mortgage Electronic Registration Systems Inc]

    To this the Franchise Tax Board sent the following response:

    In the case of MERS they stated the following:

    Apparently they refuse to follow this Corporation law in this matter

    All of my documents having been issued by California state and Delaware state regulatory agencies were granted Judicial Notice [Court authenticity] in the courtroom of Judge Laura Halgren September 17 2007 in multiple cases most notably El Cajon California East County San Diego case number 2007-33928. There are 6 – 1000 page folders in that case alone

    No action was ever taken by any entity against either MERS or Ace to the best of my knowledge

    DFI counsel Kenneth Sayre Peterson stated

    The California Attorney General Issued one of many letters seen below

  14. Debt-buyer “investors” — hang onto your hats — all is not about you. Market slide — deeper than surface.

    Find another source of income.

    Or, join others — on the foreclosure fraud defense roller coaster.

  15. Response to Bill A.
    You can file a Quiet Title Action right now and that might end your whole battle. Look up the article IBANEZ DECISION ANALYZED from CNN that Neil posted on Jan7th2011 how “Banks dug their own grave on quiet title action”.

  16. Kassas law firm has alot of complaints!

  17. […] 8 Aug MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S NOTE: We know the foreclosures were gross misrepresentations of fact to the Courts, to the Borrowers and to the Investors. This article shows the crossover between the MegaBanks — sharing and diluting the responsibility for these fabrications as they went along. If you are talking about one big bank you are talking about all the megabanks. The evidence is ov … Read More […]

  18. The tide is turning, my friends.

    This came off of PR Web via “Market Watch”:

    COSTA MESA, Calif., Aug. 8, 2011 /PRNewswire via COMTEX/ — Kassas Law, a California firm providing client-focused interdisciplinary services is increasing litigation against lenders, leading the national surge in mortgage servicing litigation. As the situation of homeowners nationally has worsened and stories of Lender/Servicer neglect have increased, the Alternate Dispute Resolution (ADR) service of Kassas Law Group has proven its results defending homeowners with advance legal action. In the rare cases when lenders or servicers will not respond to initial contact, Kassas Law has been aggressive in defending homeowners with complete litigation.

    Millions who are financially struggling and facing foreclosure have tried modifying their loans, many have failed, and many who had loans modified only received a short-term fix from their Lender, later resulting in default because of the bank’s poor decisions. Since Lenders and the Regulation have been slow to act, homeowners are only finding resolution through the courts. While Kassas Law Group has been leading the industry with its legal strategy, the trend of litigation is increasing nationally. According to the Mortgage Litigation Index national litigation against servicers rose 88% in the first quarter of 2011 even as overall mortgage-related litigation was unchanged.

    To illustrate the severity of the situation, JPMorgan Chase reported $1.1 billion in litigation expenses during the first quarter. In addition, Bank of America reported an increase of $558 million in one quarter to total $940 million in litigation costs for three months. Furthermore, Bank of America faces more than $25 billion in judgments and settlements from securities fraud suits. However even as the second largest non-oil producing company in the USA, Bank of America’s net income in 2010 was only $2.2 billion and this settlement almost equals the dollar value of Bank of America’s total Loan Loss Provision. Even Wells Fargo has become a target of a DoJ probe for discriminatory Lending, settling civil charges for $85 million against the claim over 10,000 borrowers were inappropriately steered into subprime mortgages or had documents falsified. Homeowners, legislators, and bankers are still learning the extent of America’s poor mortgage lending practices and homeowners have found litigation is the most effective recourse available.

    Although one could argue that litigation trends have increased in all disciplines such as patent, commercial, and medical law, the cases being brought against Lenders are not frivolous. To the contrary, mortgage litigation cases have highlighted the severity of America’s regulatory environment and lack of judgment, oversight, and ethical culture within many banks. With Servicers preferring to foreclose rather than modify and staff falsifying and ignoring documents, homeowners generally have been forced to ask themselves “why settle when you can sue” in order to avoid paying banks thousand of dollars unnecessarily or even to keep their homes.

    “It’s apparent that the system in place to assist homeowners obtain a Loan Modification is broken, statistics show that Modifications simply don’t work and frankly are a waste of time and stress for homeowners,” said Anthony Kassas, Principal at Kassas Law. “We’ve succeeded resolving our clients’ legal disputes without litigation but have found that the only way to have our individual client’s voice heard with the Lender is in the courtroom. Kassas Law Group will be taking an aggressive step to bring appropriate action to the guilty. Unfortunately, Lenders still remain unorganized and unwilling. The time is coming to bring our clients together, join forces, and open the eyes of the guilty.”

    About Kassas Law
    This came off of PR Web via “Market Watch”:

    Kassas Law is a highly regarded law firm providing client-focused, interdisciplinary services that result in high-value legal counsel for our clients. Anthony Kassas, Esq. founder and lead attorney at Kassas Law has been advocating for everyday Americans in areas that encompass the full range of consumer legal services, bankruptcy, real estate litigation, and default resolution. For more information visit our website: kassaslaw.com

    SOURCE Kassas Law

    Copyright (C) 2011 PR Newswire. All rights reserved

  19. […] Livinglies’s Weblog Filed Under: Foreclosure Law News, Foreclosure News Tagged With: crisis, foreclosure, […]

  20. Hey guys major case before NJ Supreme Court set for hearing 1 Sept 2011:

    http://mortgagemovies.blogspot.com/2011/08/anderson-v-burson-huge-maryland.html

    MONDAY, AUGUST 8, 2011

    Anderson v. Burson: Huge Maryland foreclosure case set for Supreme Court 1 Sept 2011 hearing, but is it being heard on the right issues?

    …..One observer asked whey they are focused on Article 3 (negotiable instruments) instead of Article 9 (securities)….. because if they lose then all the disingenuous and palpably unethical foreclosure mills will cite this case every time and make it harder for everyone in MD to bury these crooked cases. Senator Robert Menendez (D-NJ) is looking into these matters while Kelly Ayotte (R/Tea Party Toady – NH does nothing), see para. 4.

  21. Jesus Christ already,

    5.1 million views so far at this site.

    All you people speak.

    Who agrees with what I said?

    Who disagrees?

    Sign in and vote now.

    Maybe Neil can keep track.

  22. from Neil’s post

    “To whom is it payable? ”

    the main question unanswered hidden behind the confusion of it all. Most including the courts. Judges. Lawyers.

    Sounds the exact same as as our money system hiding behind notes, just promise to pay and then a note that floats around Wall Street where these boys claim ownership of something. Oh, then add in insurance for defaulted loans or bum deals, and YET nobody tells the actual borrower what is going on.. And then sell defaulted debt to some debt collector for peanuts and the borrower thinks he owes some money. How come the debt collector offers a discount from original amount owed? How come? Borrower feels he now has a good deal.

    Good deal my ass, he got took. Oh, hire a lawyer and you might not get took for the original amount, thus a discount in borrower eyes. He’s off the hook for a discount. Yeepeeee.

  23. E. Toile,

    Incredibly sobering article on the damages caused by MERS. It becomes impossible to will any real estate to our own children without knowing how much doodoo and headaches they will actually inherit!

  24. Interesting white paper that brings up something that I for one have never considered, that MERS has screwed adjoining property titles as well as primary properties:

    As is readily apparent, a broken chain of title will have adverse effects on adjoining properties and in many instances the boundaries of properties within an entire neighborhood.

    The complexity of the problem is obvious. As lenders and title insurers pass responsibility back and forth, property owners who purchased a foreclosed property that had been in the MERS system (and now have broken chains of title) and their neighbors will be forced into expensive and complex litigation in order to determine their boundaries.

    Who will be financially responsible for the litigation to quiet title?
    This White Paper documents the importance of a chain of title and the
    far reaching effects of a lost chain of title.

    More here:

    http://harbingerag.com/Papers/MERS%20Report%20Exhibits%20Combined.pdf

  25. I have been following for awhile. I have 2 purchase money loans with
    B of A from 05 and 06. I am behind on payments but no nod has been filed. From what I am reading it may be possible that I am making payments to a company that can’t convey title if I were to pay off the loan. How do I move forward with all this information out there. If anybody can help please do.

  26. nabdullah, read “Horace v. LaSalle Bank”, the pleading (MSJ) by Nick Wooten.

  27. I found this forensic report very interested, what shows how WAMU
    was working ”
    http://home-free-systems.com/images/stories/1_New_Forensic_Audit_Report_Dykstra-2.pdf

  28. I need some direction here. Was just reading the following:

    “The boldfaced language falsely claims that if the note was endorsed by A in the prototypical A-B-C-D chain we set forth earlier, then D could rely simply on the endorsement by A. In fact, the PSA required the full chain of endorsement and also required the depositor (the C party) endorse the note to the trustee (it is New York trust law requirements, not specified in the PSA, which would call for the final endorsement to be to the specific trust, not just the trustee).”
    http://www.prbuzz.com/business-entrepreneur/52253-dishonest-flawed-defense-of.html.

    Can someone inform me exactly where (statute) in the “New York trust law” can I find the requirement that “the final endorsement to be to THE SPECIFIC TRUST, not just the trustee”.

    Thank-You.

  29. I noticed that MERS Assistant Secretary Matthew McBride and Wilder Gomez, are also Authorized Officer’s for GMAC. So…they assign the mortages over to GMAC , as MERS employees, and then appoint Successor Trustees, as employees of GMAC. How can this be legal?
    This would be like me assigning a mortgage to a friend, and then represent the friend and appoint the trustee.

  30. When will this Country get it? When will the riots start? Its only a matter of time. Toss down the Cake for us to eat.

    Wells fargo, Indymac, Countrywide, (insert builders name here) a tasty pudding of crooks. The only thing I am giving them is my middle finger! I am not afraid, despite them having me locked up for three days claiming I am “mentally ill”
    FBI, where are you? when will the arrests start in this massive fraud? Do you fight for this Country, or are you the henchmen of these criminals? Make some arrests! If I can figure this all out, so should you!

  31. Thanks Carie, I’m kinda following, I’ll just have to read a few times for a full understanding. This explains why my default was manufactured, but still somewhat conflicts with the facts of my case as there was no gse involved and it was purchase money mortgage.

    I’m thinking my default was manufactured the minute New Century filed bankrupt b/c there was no evidence of any assignments in public records, which created a perfect opportunity for the servicer to capitalize. I’m willing to bet there were many loans in “limbo” when New Century filed bankrupt where false documents were filed thereafter for the servicer or trustee to fraudulently claim ownership of those loans.

    I’ll keep reading until I get a full understanding, thanks again.

  32. “Banks sold to GSEs (freddie/fannie) — but loans were not compliant. These are the loans F/F have put back to banks like BofA (not yet in default — but, will likely be). But, banks knew that most of these loans that were not compliant — would eventually default — and that the collection rights would be sold back to banks (this is different from repurchase – however, repurchase likely includes delinquent loans). Bank servicers starting manufacturing defaults to get the collection rights faster and sooner from F/F. Bank sells collection rights to subsidiary Depositor, Depositor sells certificates to trust to bank’s other subsidiary – the security underwriter. The security underwriter then owns the certificates to the trust — in effect, collection rights have been converted into certificates. Then security underwriter repackages the certificates into CDOs and squared CDOs — that is where the cash flows are passed through to “derivative” security investors (largely institutions — not consumers). All that is passed-through is cash flows — nothing more.

    Trustee role is limited. The title companies were aware of what was going — simultaneously — as refinance “orginations” were going on — the loan was being put into default at GSE — with collection rights being sold to bank debt buyers. But, because the transactions were happening simultaneously — the title company would just ignore that huge piece of flawed chain of title — which was never divulged. Impossible that title companies did not know. Thus, mortgage origination — was false — refinance not a mortgage refinance — and title is flawed from the onset.

    This is why we only hear about loan modifications for interest rate adjustments — and not for principal reduction. In order for principal reduction — must be a whole new contract — and title must be complete and accurate. They know they cannot fix this.

    Whole goal by government is simply “to get rid of this nightmare” — by pushing through foreclosures as quickly as possible.

    The government is aware of everything — they knew at crisis onset — and they know now. They do not know how to fix without causing more international fall-out — and more problems for banks that continue to be in a precarious position. They have allowed homeowners to be scapegoat.

    The reason all of this was allowed to go on is because of deregulation — and that certain people were making tons of money. Cannot get discovery in courts because of deregulation — they claim “privacy”. And, the government is just continuing to cover-up. “

  33. Shelley Thieven…. Hmmmm ….How do you spell thieves ?

  34. Ann and Mr Weidner

    You face more jail time in Virgina for driving with an expired license (6 mos) than you do in that state for fraudulently foreclosing on someones home (0 penalties)

  35. Carie,

    I’ve been following your posts but I’m clearly confused, please help me understand. I understand your points until the following statement:

    “However, all was presented to borrowers has a new NOTE/loan. This is why no notes were never validly sold to trusts — there was no Note to a mortgage to transfer!!
    Again, only talking about the subprime/alt-a “loans.”
    Every single one of these bogus mortgages should be discharged.”

    I believe your point is only collection rights were assigned and not the Note because the “lender” received tax credits for the “defaulted” Note which bars them from further collecting on it. In fact, if they successfully collected on the Note without a reverse accounting entry, they could never deliver the Note to the borrower marked Paid In Full b/c it would be evidence of tax fraud, therefore only collection rights are assigned.

    If my interpretation is clear so far, I’m confused as to what point in time the Note was written off? Why does this only apply to sub-prime “loans”? Thanks in advance for any clarity you can provide

  36. Well Of Course The US is Downgraded

    August 7th, 2011 | Author: Matthew D. Weidner, Esq.

    The markets reacted with SHOCK AND AWE at the news that the USA had lost its coveted AAA rating with Standard and Poors last week. But to me this is kinda like showing up the morning after the biggest, wildest keg party of the year and asking, “hey, uh, what did we miss?” Remember, S & P and Moody’s and Fitch and all the Wall Street dopes that were literally giving the US housing market a AAA rating even as the whole entire thing was burning down to the ground. Remember, these are the same dopes that gave New Century and WAMU and Countrywide and Indymac loan portfolios solid gold ratings and the Wall Streeters are the same dopes that accepted those ratings before shelling out hundreds of billions of dollars on paper that isn’t worth a fraction of what they said it was.

    And remember, none of these dopes were punished or sanctioned or made to suffer in anyway for selling and whoring out these “Really Shitty Deals”, as Goldman Sachs described them. Nope, not punished. In fact, they’ve all been rewarded since the Crash. Our “leaders” in Washington DC cannot figure out how to dole out even a little slap on the hand and our “leaders” at the state level haven’t done any better. In fact, it’s quite the opposite. Wall Street more profitable than ever. Fortune 500 companies hoarding more cash than ever. Sure a few private attorneys have inflicted a few cuts on the monsters, but they’ve only lost a few drops of blood. No new supervision, no new regulation and no punishment. So given all this, what kinds of fun should we expect has been loaded into the world financial markets since all this started crashing in 2008? Right, apocolyptic catastrophe.

    But just ignore all that for a moment and lets talk math. Basic math. Let’s start with easy. 1 + 1= 2. Good. Now, divide the total outstanding US liabilities of $65 trillion by the number of people in the US or 311,935,060. Right, that’s a number that’s slightly bigger than, “Oh Dear God We’re Crashing!

    I’ve been writing about all this for years now, and you good intelligent people are far more aware of these issues than our elected representatives because they don’t get it. I say they do not get it, because while this state and this country are collapsing around us, just take a look at some of the “important” work our state legislators have been doing for us:

    Public Lodging and Food Service Establishments: Provides additional penalties for offense of unlawfully distributing handbills in public lodging establishment;

    Career and Education Planning: Revises general requirements for middle grades promotion to require that course in career & education planning explore National Career Clusters;

    Offense of Sexting: Provides that minor commits offense of sexting if he or she knowingly uses computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity & is harmful to minors;

    Communications Among the Branches of State Government: Designates act “Communication of Judicial Opinions Act”; requires clerks of State Supreme Court & district courts of appeal to transmit certain judicial opinions to Governor, President of Senate, & Speaker of House of Representatives within specified time

    Drug-related Overdoses: Designates act “911 Good Samaritan Act”; provides that person acting in good faith who seeks medical assistance for someone experiencing drug-related overdose may not be charged with specified offenses;

    Sexual Assault Awareness Month: Recognizes April 2011 as “Sexual Assault Awareness Month” in Florida.

    Click here and read through all of the other great work that our elected leaders have been frittering away their time with while you and I down here on Main Street suffer. Things are going to get much, much worse. And every single one of the people we sent to our state houses and to Washington DC are to blame. Our system is broken, our leaders are corrupted and we are in trouble….oh, and don’t even think about unlawfully distributing a handbill in a public place.

  37. Were there irregularities like this with Wells Fargo ?

  38. “The Depositor — is (or was) the “investor” to the collection rights. What was securitized in bogus trusts –were the cash flows to collection rights.
    Once a loan is written-off/charged off — that loan can no longer be paid by borrower (unless original creditor does reverse accounting entry — which they do not).
    Collection rights do not have to be “funded” — they are simply a right to collection transferred by assignment — not a “NOTE”. However, all was presented to borrowers has a new NOTE/loan. This is why no notes were never validly sold to trusts — there was no Note to a mortgage to transfer!!
    Again, only talking about the subprime/alt-a “loans.”
    Every single one of these bogus mortgages should be discharged.”

  39. In the recently settled lawsuit FDIC v.K.Hovnanian….” (Hovnania is one of the ten largest builders in the U..S., if you read the case file, you will quickly pick up on the fact that despite them suing what is the entity “K.Hovnanian American Mortgage” ALL the exhibits have the Deeds of Trust as “AMERICAN MORTGAGE.”

    This is because KHAM doubled up the loans selling multiple homes to buyers in straw man scheme.

    the buyer had no idea in some cases, and in others they were lured into the “lease up scheme” The FDIC KNEW!

    ONE HOME WOULD BE SOLD UNDER KHAM, AND ANOTHER UNDER “AMERICAN MORTGAGE”

    THE STRAW MAN SCHEME BY THE BUILDERS IS WHAT IS COLLAPSING THE HOUSING MARKET.

  40. US TRUST (TRUSTEE) (State Bank) IRS 13-29227955 ‘New York’ Jurisdiction & ‘Chase Manhattan Mortgage’

    DOJ! Amen Martin Act.

    11/18,1994 U.S. Trust Corp & The Chase Manhattan Corp Agreement.

    U.S. Trust will effect sale of Processing Businesses in 2-steps:
    Spin-off of shareholders asset management, private banking, special fiduciary and corporate trsut businesses (Core Businesses) to new holding company named U.S. Trust Corp with a new bank subsidiary United States Trsut Co of NY.

    Immediatley after spin-off, U.S. Trust, then holding only the Processing Businesses will be merged with an into Chase.

    My interest in US Trust was to find out who they were as TRUSTEE is Bank of America N.A. Still working on that one.

    Chase will acquire U.S. Trust’s institutional custody, mutual funds servicing and unit trust businesses (collectively, the “Processing Business)

    THE CHASE MANHATTAN CORPORATION (“Chase”), (Chase Manhattan Corporation SURVIVING THE MERGER) A DELAWARE CORPORATION,

    The Chase Manhattan Corporation, 1 Chase Manhattan Plaza, New York, New York 10081,

    Chase (“Merger”) & US TRUST Corporation (Registrant)
    & USTC Holdings Corporation, a wholly owned subsidiary of UST (“SPINCO”) (HOLDING COMPANY “SPINCO’ FOR OWNERS of Chase’s merger stock)

    WHO ‘US TRUST’ CORP? and owner of Chase Manhattan Corporation. And Bank of Ameirca, N.A. as TRUSTEE, as related to US TRUST CO?

    TRUSTEES PRE-FUNDING of ESCROWS as assets is how the diabolical plot successfully controlled the real estate industry and collapsed the ecomony September 2008.
    CS FIRS BOSTON (CREDIT SUISSE) Opinion of the ‘Fair Deal’ to the TRUSTEE and Stockhlers, the America people hare their own opinion and knowledge how the economy, third element of our national security intentionally harmed.

    DIABOLICAL ‘ACCOUNTING’ PARTICIPATION IN COLLAPSING THE ECONOMY HEARD AROUND THE WORLD SEPTEMBER 2008? You decide. Here is another ‘TRUSTEE’ story in which Chase Manhatten Corporation was acquired and survived the Merger dba Chase c/o US TRUST and Bank of America NA is TRUSTEE for US TRUST. HELLO!

    What is the ‘history’ of acquistions & mergers as related to September 2008?

    Contained in innocuous Exhibit 99.1
    Letterhead of
    U.S. Trust Corporation
    Dated February 9, 1999

    TO OUR STOCKHOLDERS

    RE: SPECIAL METTING “UST” at
    Unitied States Trust COmpany of New York, 114 West 47th Street, New York, New York (3/22/1995)
    114 West 47th St, NY NY

    U.S. Trust Corporation letter 2/9/1995 to its ‘stockholders’ called to a special meeting in addendum to previous announcement
    “UST has agreed, subject to approval by
    UST’s stockholders, to sell UST’s securities processing businesses and related back office operations, including the assets and certain of the liabilities related thereto (collectively, the “Chase Acquired Business”) to The ChaseManhattan Corporation (“Chase”)”

    In exchange for a ‘tax free’ merger of Chase stock, merger between UST and Chase. All of the businesses, assets and liabilities of UST other than the Chase Acquired Business (“Collectively) the ‘Core Business”) which includes UST’s asset management, private banking, special fiduciary, corporate trust and other non-processing businesses, will be transferred to a newly organized holding company, New USTC Holdings Corporation (“SPINCO”)..
    UST stockholders will retail their equity interest in the Core Businesses in the form of stock in SPINCO which will assume the name “U.S. Trust Corporation” at the time of the transactions.

    The special meeting was to consider
    (i) to approve the distribu described in the Agreement and Plan of Distribution to be entered into amount UST, SPINCO, United States Trust Company of New York, and New U.S. Trust Company of New York, whereby UST will spin off to its stockholders on a …share-for-share basis – – in a non-taxable distribution all the shares of SPINCO which will own the Core Businesses

    (ii) authorize and adopt Agreement and Plant of Merger dated 11/18/1994 between UST and Chase, whereby UST (will then hold onth the Chase Acquired Business) will be merged with an into Chase. In the Merger, holders of common stock of UST will receive for each share owned by them the number of shares of Chase COmmon Stock determined as provided in the Merger Agreement.

    CS FIRST BOSTON CORPORATION, UST’S FINANCIAL ADVISOR (CREDIT SUISSE) HAS RENDED AN OPINION TO BOARD OF DIRECTORS ‘FAIR’ FROM FINANICAL POINT OF VIEW.

    H. MARSHALL SCHWARZ, CHAIRMAN AND CHIEF EXECUTIVE OFFICER

    US Trust Corp · 10-K405 · For 12/31/94 ·
    EX-21 Filed On 3/15/95 ·
    SEC File 0-08709 ·
    Accession Number 225971-95-3

    EXHIBIT 21

    U. S. Trust Corporation

    List of Subsidiaries
    State or Other Jurisdiction
    Percent of Incorporation Owned

    United States Trust Company
    of New York New York 100.0%

    United States Trust Company
    International Corporation United States 100.0

    United States Trust Company of New York (Grand Cayman) Ltd. Cayman Islands 100.0

    UST Overseas Corporation Delaware 100.0
    Foreign & Colonial Asset Management London, England 50.0

    UST Property Company, Inc. * New York 100.0
    *Incorporated March 3, 1995 (10-K 405A =Restated Amended)

    U.S. Trust Company of California, N.A. California 100.0

    UST Fiduciary Services Ltd. Delaware 100.0
    U.S. Trust Company of Connecticut Connecticut 100.0
    U.S. Trust Company of Florida Savings Bank Florida 100.0
    U.S. Trust Company of New Jersey New Jersey 100.0
    UST Securities Corporation New Jersey 100.0
    U.S. Trust Company Limited New York 100.0
    U.S. Trust Company of Wyoming Wyoming 100.0
    U.S.T. L.P.O. Corp Delaware 100.0
    U.S. Trust Company of Texas, N. A. Texas 100.0
    Denker & Goodwin, Incorporated Texas 100.0
    UST Financial Services Corp. New York 100.0
    Campbell, Cowperthwait & Company Delaware 100.0
    CTMC Holding Company Oregon 100.0
    CTC Consulting, Inc.Oregon 100.0
    U.S. Trust Company of the Pacific Northwest Oregon 100.0
    Mutual Funds Service Company Delaware 100.0
    Mutual Funds Service Company (Canada) Ltd. Ontario,Canada 100.0
    Technologies Holding Corporation Delaware 100.0
    FTI Partner Corporation New York 100.0

    * Incorporated March 3, 1995

    Chase has filed a Registration Statement on Form S-4 (including exhibitsand amendments thereto, the “Chase Registration Statement”) pursuant to the Securities Act of 1933, as amended (the “Securities Act”), covering shares of Chase Common Stock issuable in the Merger. This Proxy Statement-Prospectus constitutes both the Proxy Statement of UST relating to the solicitation of proxies for use at the Special Meeting and the Prospectus of Chase filed as part of the Chase Registration Statement.

    UST File No. 0-8709) incorporated by reference 10K year 12/31/1993 as amended Form 10-K/A 8/19/1994, portions of U.S. Trust Corp 1993 Annual Report 10K, Quarterly Reprots 10Q 3/31/1994, 6/30/1994, 9/30/1994, Current Reports 8-K 11/17/1994, 11/18/1994, 12/23/1994

    Chase (File No 1-5945)10-K 12/31/1993, portions Chase Manhattan Corp 1993 Annual Report, 10Q, 3/31/1994, 6/30/1994, 9/30/1994, Current Reports 8-K 1/18/1994, 1/20/1994, 4/18/1994, 4/29/1994, 5/18/1994, 7/18/1994, 8/3/1994, 8/3/1994, 8/11/1994, 10/18/1994, 11/18/1994, 12/7/1994, 12/14/1994, 1/17/1995, 1/17/1995, 1/26/1995 (compensation committe report on executive compensation, 1994 Long-Term Incentive Plan, Proxy 3/11/1994,

    Common Stock Chase described Chases’ registration state on Form 10 filed 4/11/1969, as amended by amendments thereto on Form 8 filed on 6/20,1969, 4/8/1988, 5/17/1990, 4/19/1993, including any amendment or report filed for purpose of updating such description prior to Special Meeting described above in this posting …(Chase Form 10) and (f) description of Chase Junior Participating Preferred Stock Purchase Rights contained in Chases’ Form 8-A filed 2/17/1985, including any amendment or reports filed for the purpose of updating such descriptinprior to the Special Meeting (described above in this posting) Chase Form 8-A)

    All documents filed by UST or Chase pursuant to Section 13(a), 13(c), 14 or 15(d) of the Exchange Act subsequent to the date hereof and prior to the Special Meeting shall be deemed to be INCORPORATED HEREIN BY REFERENCE and to be a part hereof from the date of such filing…..Page 3 Exhibit 99.1.

    Exhibit 99.2
    US Trust Corp · 10-K405 · For 12/31/94 · EX-99
    Filed On 3/15/95 · SEC File 0-08709 · Accession Number 225971-95-3
    Document/Exhibit Description Pages Size

    1: 10-K405 Form 10-K 66 257K
    2: EX-10 Exhibit 10.9 4 23K
    3: EX-10 Exhibit 10.15 2± 11K
    4: EX-10 Exhibit 10.17 2± 10K
    5: EX-10 Exhibit 10.19 1 7K
    6: EX-10 Exhibit 10.22 2± 10K
    7: EX-10 Exhibit 10.23 7± 29K
    8: EX-10 Exhibit 10.27 3± 15K
    9: EX-11 Statement re: Computation of Earnings Per Share
    10: EX-13 Annual or Quarterly Report to Security Holders
    11: EX-21 Subsidiaries of the Registrant 1 9K
    12: EX-23 Consent of Experts or Counsel 1 9K
    13: EX-27 Financial Data Schedule 2± 9K
    14: EX-99 Exhibit 99.1 328 1,861K
    15: EX-99 Exhibit 99.2 11 52K

    EXHIBIT 99.2

    PRO FORMA CONDENSED FINANCIAL STATEMENTS

    The following unaudited pro forma condensed statement of condition as of December 31, 1994, unaudited pro forma condensed statement of income for the year ended December 31, 1994 and unaudited pro forma condensed statement of average balances for the year ended December 31, 1994 (collectively, the “Pro Forma Statements”), were prepared to present the estimated effects of the pending Disposition and Merger transaction with The Chase Manhattan Corporation, the related restructuring transactions and the effect of the Services Agreement as if such transactions had occurred for statement of condition purposes as of December 31, 1994 and for statement of income purposes as of January 1, 1994. The “Disposition Adjustments” column in each of the Pro Forma Statements includes the following:the reduction in assets and liabilities and the elimination from
    operations of the revenue and expenses related to the merger of the Chase Acquired Business, and the reduction in Securities and Short-Term Investments and Short-Term Borrowings arising from the Corporation’s rebalancing of its asset and liability structure. The “Other Adjustments” column in each of the Pro Forma Statements includes the following:the balance sheet impact of the nonrecurring adjustments as set forth in footnote (k) of the Notes to Pro Forma Condensed Financial
    Statements, and the ongoing impact on the Corporation’s results of operations arising from the nonrecurring adjustments and the Services Agreement including the nonrecurring adjustments that have been incurred during the fourth quarter.

    All of the pro forma adjustments are based upon available information and upon certain assumptions that the Corporation believes are appropriate and include only “exit costs” as defined in Emerging Issues Task Force Issue 94-3 (“EITF 94-3”) that are directly related to the transactions.

    US TRUST CORP – REGISTRANT All Files
    2 SEC Files a Issuer
    2/6/98 2/4/00 005-09353 ’34 SC 13G/A [ * ]
    3/11/94 9/7/95 000-08709 ’34 10-K, 10-K/A, 8-K, DEFA14A, 10-K405, DEF 14A, 11-K, 10-Q, 10-Q/A, 15-12G, 10-C

    Office Address Map…
    114 West 47th St
    New York, New York 10036
    U.S.A.

    Phone Number Incorporated In IRS Number Fiscal-Year End SEC CIK #
    1-212-852-1000 New York, U.S.A. 13-2927955 12/31 225971

    SIC Code Industry Source As Of
    6022 State Commercial Banks SEC 2/4/00

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