Another Countrywide Settlement: And Still No Disclosure of What Is Wrong

assuming the investors got some or all of their investment back, under what circumstances would there exist (a) a default and (b) an enforceable loan contract and (c) ANY definable amount for “reinstatement” required under virtually all written mortgages and notes — signed only by the homeowner and missing any contract or other document in which the lender agreed to be the lender and was in fact the creditor making the loan?





see also

So just to set the stage: we have had hundreds, if not thousands, of settlements between investors and the banks, between government and the banks and between individual “borrowers” and the banks (the latter always being under seal of confidentiality). The Department of Justice has set the tone by declining to get into details about what the banks have actually done. Writers like myself have given considerable bulk and detail to the misdeeds of Wall Street. None of us like the settlements or the failure of law enforcement to prosecute bank fraud by the banks.

But this article is about something else, to wit: what is the effect of these settlements on the purported loan contracts and rights to enforce against those who are called “borrowers?”

Let’s take the obvious first. SOMEONE is paying $8.5 billion this time. It isn’t Countrywide who no longer exists. It might be Bank of America who claims to own Countrywide, despite published reports that Countrywide was acquired by Red Oak Merger Corp. And in this case it looks like certain investors are getting most of that settlement money. And we know that the settlement arises out of claims of securitization that were obviously false. Both the loans and the mortgage-backed securities (MBS) were not just misrepresented; they appear to have been invented.

OPM (Other People’s Money) has always been the mantra of Wall Street. Truth be told, that is what the titans are there for — to move money and make capital more accessible. It is on Wall Street that one can start an enterprise and get it financed through shared risk of many investors. The problem that arises is when the moral compass is sent spinning by the practice of merging the enterprise seeking financing with the underwriter (Investment Bank) who is creating and selling the MBS.

In short, what we are left with is what you would expect — illusory entities creating illusory, uncertificated “bonds” that are worthless immediately upon the occurrence of a singular event, to wit: when the investment Bank takes the money from investors and instead of giving it to the “issuer” enterprise (REMIC Trust) the money is deposited into a dark pool along with the money from thousands of other investors who thought their money was segregated for management within a pass-through vehicle known as a REMIC Trust.

Investors are clueless because they are getting a statement from the brokerage house through which they buy and sell securities. The end of month statement says they own so many MBS and the value is $XYZ. They don’t know their money was diverted from the REMIC Trust into a dark pool completely controlled by the underwriter. They don’t know the underwriter has started on a venture in which the underwriter uses investor money as the money of the investment bank and not as representative of investors. Small wonder the investors sued when they figured it out.

The investors also didn’t know that their money was being used to originate loans instead of acquiring them. AND they surely didn’t know that the loans were dirty and high risk. But most of all the investors didn’t know that the “loans” were being made in the name of remote companies, most of them thinly capitalized, and that the investors had no rights to the loan documents, contrary to the express wording of the prospectus and PSA.

So the investors found themselves having rights against the investment bank for fraudulent conduct but not rights directly to the loan without suing for those rights. But knowing they were in a dark dynamic pool it was impossible for them to identify loans, and for how much, their money was into each “loan.” So they were the source of funds for each loan but they don’t know which loans, to whom or for how much.

This is not the fault of the homeowners by any stretch of the imagination. The alleged loan contract, was created as an illusion wherein there was no creditor identified (contrary to law) and where there was no lender either who signed any piece of paper identifying themselves as lenders or creditors. The “closing” was really a food processor where a lot of assumptions were made and none of them were true. This irks judges but for some reason they seem to direct their ire toward the borrower for calling out these obvious deficiencies in lending and foreclosing.

So my first question is this: assuming the investors got some or all of their investment back, under what circumstances would there exist (a) a default and (b) an enforceable loan contract and (c) ANY definable amount for “reinstatement” required under virtually all written mortgages and notes — signed only by the homeowner and missing any contract or other document in which the lender agreed to be the lender and was in fact the creditor making the loan?

If we assume that these settlements are all going to the investors and not to the nonexistent REMIC Trust, then we should assume that the Trust owns nothing and never did. In fact, we should assume that the REMIC Trust was never funded nor even active as a business entity. Otherwise the investors would not be the claimants nor would they be the recipients of the settlements. The claimant would be the REMIC Trust if only it existed. So why is it that Courts continue to treat the Trusts as real?

Once the settlement money is paid there is no loan receivable or there is not much left of it. “Borrowers” should receive notice of that. The only circumstance under which that might not be true is if the Investment Bank paying off the investors for claims of fraud, was as part of the settlement, buying the loans from the investors. But there is no evidence that is happening nor are the banks ever alleging such a fact pattern.In fact, most of the MBS were sold to the Federal Reserve at face value as part of the scheme to “save the banks.” The Fed was accepting ownership of worthless MBS from an entity who had sold them already to investors. So the investment bank sold the MBS at least twice. An extended analysis would show that the number of time a given set of MBS were sold far exceeds the number 2. And what was not sold to the Fed was “re-securitized” (i.e., sold to another trust.

So we have the banks  who have already created “profits” by reselling the same loans multiple times to multiple nonexistent trusts, whose MBS were sold multiple times. AND now we have the investors, whose money was used for this absurd scheme, who are being paid to settle their claims for the investment that should have gone to the REMIC Trust — but which can’t be identified or connected with any specific loan.

The Government thinks that if words gets out the entire economy will collapse because everyone will know that none of the loan contracts are enforceable within the major subset of alleged loans subject to false claims fo securitization. They assume this would be a bad thing when in fact the net result would be a vast stimulus to our economy from people who thought they were under water and now find they have equity in the only major investment they ever made — their home.

Making such an allegation on record would open the door to discovery and the borrower would discover that (a) there was no loan contract and (b) that the party to whom they were obligated to pay was a party that had no legal existence — i.e., a dark pool that was dynamic in the sense that money was coming in and out of it every minute of every day. All of that explains why the banks fight so hard against disclosure of the identities of creditors, to wit: there is no creditor that can be identified in the legal sense.

That said, the question on the table is how is anyone accounting for the money paid in this or any other settlement? Is there information that is part of the settlement that would affect the right of enforcement against homeowners? Has the amount due to ANY creditor — real or imagined — been reduced by their receipt of money paid on account of their bond receivable from an illusory trust? If not, why not?

DISCOVERY: I think it is time that we started making inquiry into the settlements that involve loans claimed by REMIC Trusts whether they are real or not. I think the outcome would eliminate any possibility of enforcement of the note and mortgage and/or that the amount due under any theory of collection would be greatly reduced by the amount of money received by the investors, either of which outcomes would eliminate foreclosure as an option to those claiming to be creditors.

Want a Consult? Call 202-838-6345 (NEIL) or click the following:

Also see

Bank of America Corp Settles Fraudulent Mortgage-Backed Securities Lending Charges | May 5, 2016
Bank of America Corp. (NYSE:BAC) has agreed to settle the charges over the sale of mortgage-backed securities prior to the financial crisis of 2008. The Federal Home Loan Bank of Seattle filed the lawsuit in 2009. The lender reached a settlement worth $190 million, according to the filing cited by Bloomberg.
Read more


Read Professor Christopher L Peterson’s:

On p. 116, he writes: “… these mortgage bankers formed a plan to
create a single shell company that would pretend to own all the
mortgages in the country. (footnote 23, here).”.

Professor Peterson, by the way, is now the chief of enforcement for the CFPB-

a guy that wrote a paper explaining all the mortgages are “PRETEND”, is now the chief lawyer for enforcing the fact the CFPB are not looking into the fact all of the mortgages are “PRETEND”.

{Editor’s note: Interesting that the one vehicle that was supposed to make securitization work for the banks (but not for the investors) is evidence beyond a reasonable doubt that nobody ever had the intent to let the REMIC Trusts own anything. }

23 Responses

  1. @AnonymousNortheast:

    That is correct. Do EVERYTHING in your power to deny and challenge the authenticity of the bank’s documents, especially during any depositions! The deposition transcripts highlighting your denials should be introduced into the court records as exhibits by you.

    Hopefully the court will shift the burden of proof to the banks in response to your denials. Make them prove the legitimacy of their bogus documents. My guess is that the banks, in light of heightening scrutiny, won’t be willing to go a bridge too far with perpetrating their fraud on the court when the heat is on.


  2. Bubble … Thank you. I agree with your analysis. So if my assignment is a fabricated, forged, fraudulent document …. I should do everything in my power to show proof of that, regardless of the fact that the court says I do not have standing to challenge the assignment, correct?

    And what are some of the other presumptions we should attack in your opinions?


  3. @AnonymousNortheast: I’m not a lawyer or attempting to provide legal advice. What I meant regarding presumptions is that the court must be made to understand the factual and legal basis for your denials. The basis for your denial must be thoroughly illustrated (exhibits out the ying yang) and explicitly captured in the court record.

    My personal belief is that overkill can be a good thing! Challenges to presumptive rulings must be done in such a way that it gives you the best possible shot at a appeal or any post judgment motions you can file. This is truly an adversarial process and, unfortunately, has less to do with right or wrong or what some of us might consider justice.

    If the court is ruling on facts NOT in evidence, read that presumptions, I surely hope that there is a way to legally object to the court’s relying on presumptions and not factual evidence. Presumptions must be aggressively attacked and eventually overcome! Easier said than done to be sure!!

    Perhaps I’m just dreaming. However one thing is certain, if I don’t believe in the possibility of eventually proving the false and fraudulent documents and practices put forth by the banksters, then chances are I won’t aggressively pursue the matter to victory or perhaps a temporary draw.

    The preference of the banksters and in some cases, the courts, is obvious in these situations. Given the adversarial nature of the contest, it is incumbent on the out resourced homeowners to accomplish through sheer force of will and prayer (depending on what you believe), what otherwise might appear impossible.

    “I can do all things through Christ who strengthens me!”

    Philippians 4:13


  4. you know in florida it is a 3rd degree felony for filing phony paperwork against personal property. There are alot of attorneys that need to be in jail. Albertelli law are you listening.


  5. We are looked down upon and stigmatized as “conspiracy nuts” when we try to explain and argue the facts of the fraud. This is their M.O. in how they keep us in our corner with their foot placed firmly against our throats.

    They know …we know …the rest of society is vaguely familiar but is not aware of just how bad and how deep it really runs … Our brothers and sisters of society who are not facing foreclosure are not really aware that this scam was the biggest theft of property in the history of our nation … Not only did the players in the scam all make money, and then get bailed out with tax payer money, but they are now receiving the green light to finish the job off and steal the home too.

    The common theme the government floats is that things were done wrong by the banks and wall street …but we now have the situation under control …no harm, no foul …move along ..nothing to see here.

    The deadbeat borrowers must be swept away ….out of sight.

    Deception and lies are the keys to how they run their kingdom.

    The settlements are evidence of elite powerbrokers dealing with each other behind a veil of secrecy. Its called honor among thieves.

    We the people are not privy to their secret deals.

    The deception has been going on forever …but really was made evident when they assassinated their own President of the United States, JFK.

    There is no longer any doubt that the Warren Commission had no intent of finding the truth. Google the youtube videos which now prove that the Zabruder film was a fraud…it was edited by the powers that be, and it was fabricated into something else … The Dallas motorcycle cops who were escorting Kennedys limo all have broken their silence and confirmed that the Zabruder film is edited and indeed had vital parts removed before it was shown to the citizens. The Warren Commission was aware of all of this ..just as the judges who sit in courts today are aware of the fabricated documents created to steal our homes.

    The veil of deception has grown and spread over the years and is now a part of everything imaginable …

    But it is being torn away ..they are being exposed …

    Look at the IRS scandal and Lois Lehrner …notice the arrogance.

    The Benghazi murders by terrorists …the lies and deception that were floated to try and mislead the citizens…the arrogance

    Today on the news they are saying the E.P.A. is under investigation…the agency it has been discovered, is completely out of control with power and corruption and wrongdoing …and nobody has ever been fired who worked for them …the arrogance of these liars …as citizens suffer

    The whole deception about why SEAL TEAM SIX was sent to their deaths together onboard an old inferior Chinook helicopter …into a valley where the enemy was waiting in ambush …all 38 SEAL TEAM SIX members died …the most American deaths ever in one day since the war in Afghanistan began .. The families smell a rat ..other members of the Navy Seals smell a rat …as if a secret deal settlement was reached behind the scenes to amend for them crossing over Pakastan air space or some other sick deal worked out as a payback for Muslims …but the bottom line is that the families have demanded answers as to why all 38 Seals were put together on a single helicopter that day, which was never ever done in the past. Strange things that song add up our government allowing all 38 bodies to be burned and cremated before being returned home …yet photos surfaced showing many of the men’s bodies being fully intact after the crash … Muslim clerics presided over the cremations and we’re allowed to pray that the men be sent to hell.

    So to put this all into perspective …when we see secret settlements in the mortgage fraud world going down …and the government still continues to allow our homes to be stolen …and the judges sit and refuse to look at the clear and convincing evidence of the fraud …we must remember that we the people have been lied to..and cheated some bad people who infiltrated this once great nation.

    The level of corruption runs deep … the corrupt control everything and we must rely on our faith in God …for he alone is our refuge, and he will make sure his children prevail in the end.


  6. Before the science of DNA became useful in criminal courts ..many wrongful murder and rape convictions sent defendants to prison or worse.

    Now foreclosure cases are ajudicated like death sentences to the homeowners …except the judges don’ t want the DNA evidence to be used in these cases (DNA = Proof of money trail, etc.)

    So here ..the judge relies upon the witness (Bank) to swear that YOU are the guilty homeowner defendant … The judge ignores the DNA that would prove or disprove the case …instead the judge goes with the witness (Bank) who is pointing at YOU crying “they are guilty”

    This is how bizarre presumptions of the court are …when the court should be well aware of the lack of credibility of the witness (Bank)


  7. When a court relies on presumptions to grant a plaintiff a SJ….the homeowner is screwed because there are years of case law in favor of the banksters… Case law that says the documents are enough … But that case law does not acknowledge the recent mortgage scam …

    This keeps coming back to the settlements and cover ups .

    We need the courts to be issued a notice from the DOJ and Congress informing the courts that the documents in foreclosure cases can no longer be relied upon as being true or valid in light of the settlements, which prevented deeper investigation and prosecutions pertaining to the said documents . No presumptions should be given to plaintiffs in any foreclosure action due to the settlements which prevented the public from being made fully aware of the scam and use of faulty documents. Therefore, going forward, all foreclosure cases must be proven to be valid, legal, fully consummated loans, from funding at origination by the lender named on the documents, and all the way through any subsequent sales or transfers in the chain of title. The entire loan from origination to foreclosure complaint, must show and prove all elements of a valid loan and perfected chain of title.


  8. Bubble … I denied that they loaned me money ..My answer to the complaint DENIED any alleged llegal or valid loan ever took place …

    Wells Fargo is a complete stranger to the alleged transaction that may or may not have been completed, legal or valid ..but they certainly were not a party to that alleged transaction.

    The point is … Even though I denied the allegations, the loan,, default, etc. … the court is basing its opinion that we were loaned money on the presumptions that the plaintiffs fabricated, forged, fraudulent docs are true and valid.

    This is the gist of Neil Garfields analysis …that the courts are relying on presumptions …relying on the plaintiffs copies of a note, mortgage, assignment of mortgage, an alleged default and affidavit of the employee reviewing a computer screen who says it is all true.

    No matter what we plead …deny …argue …is not enough .

    The judge gives the presumptions to the plaintiff that their docs are valid and prove their right to foreclose.

    So our pleadings and denials of a loan are still falling on deaf ears.


  9. In my case, NO it is not true that I borrowed the money because the TBTF bankster has not put forth proof of an actual transaction wherein the TBTF bankster “ACTUALLY” lent anything. The assignment is fraudulent and is likewise presumed to be facially valid. The presumptions that the courts are allowing to slip through must be aggressively countered and defeated at every opportunity!!


  10. @Edward Bell – keep me posted I had a case that went all the way to the Court of Special Appeals in Maryland. We lost for a bullshit reason and I wanted to appeal again but just couldn’t do ‘it’ anymore. We were outgunned and out of money. I’d love to hear what has happened in your case. We too started with Countrywide but wound up with BONY as ‘trustee’ and then the foreclosure mill of Shapiro & Burson (now Brown) as ‘substitute trustee.’ Effing nightmare.


  11. Yes …this is our problem in a nutshell.

    Everyone is aware of the wrongdoing, including the courts, but act as if they are oblivious to it once the fraudulent foreclosures are filed.

    My judge in the first case filed by WF acknowledged it but told me “well that’s just the way things were done…but the fact remains that you borrowed the money”.

    So in the courts mind …although we are victims of a crime ..we still must pay the thief ..because that’s just the way the thieves did business and it wouldn’t be fair if we got the house. We are still looked at as deadbeats by the courts …even though they know the loan was based on a ponzi scheme sham …the victim is still to blame .

    This is not true in any other legal matter.

    This is the proof, via the settlements and consent orders that prevent prosecution of the thieves …that we are being wrongfully foreclosed upon by an unjust judiciary and justice system. This calls for extreme measures by the millions of victims who are being denied justice, due process and equal protection under the law.

    How do we bring this argument forth in a legal way?


  12. I find it odd that not a single ‘settlement’ included provisions for notifying the debtors of the settlement. Shouldn’t settlement notifications be tied to the individual loans by recording the settlement with the county recorders?


  13. Our (foreclosed homeowners and their counsel, pro se litigants, other concerned parties) “collective” firepower should be trained on leveraging the potential, unrealized favorable outcomes for homeowners that have come about as a result of these massive settlements.

    You are on to something there Neil!! Hopefully you/we can come up with an organized effort to push those snowballs down the hill, allow them to gain maximum weight, and aim them at courthouses, statehouses, Congress and the media that are either directly or indirectly facilitating this criminal behavior.


  14. I think and believe it all comes down to the judges and how you approach their position in your case and how to put them on the stand for their rulings.
    Outside of that the venue doesnt matter if the minds are already made up and just look to the judges pension fund holdings for very clear answers to what way your case will go.


  15. We had a Jumbo Loan that was securitized through Goldman Sachs Jumbo Prime Fixed GSR2006-2F Mortgage Loan Trust for Asset Backed Securities which held both Senior and Junior Piggy-Back Notes. U.S. Bank NA was the trustee. JPMorgan and Deutsche were the Custodians. Wells Fargo was the Master Servicer and Countrywide Home Loans Servicing, LP was the servicer. To be clear, Countrywide Home Loans Servicing, LP did not own our notes (Senior or Piggy-Back). Although, initially Countrywide misrepresented its claims of ownership during our “defective” non-judicial foreclosure, the DAY OF THE SALE the substitute trustees intentionally, despite all notices being incorrect, to US Bank, NA as trustee for the Jumbo Prime Fixed GSR2006-2F Mortgage Loan Trust.

    Currently, the defective and or fraudulent non-judicial foreclosures included in the National Mortgage Settlement (NMS) and the Independent Foreclosure Review (IFR) that were serviced by Countrywide Home Loans Servicing, LP then merged into B.A.C. Home Loans Servicing, LP finally incorporated into Bank of America, NA (BOA) are now subsequently being pursued by nefarious debt collectors (“Junk Debt Buyers”).

    With this knowledge, we have been defending against the “Junk Debt Buyer” Dyck O’Neal, Inc. over our defective foreclosure. Despite the fact that BOA’s legal department has provided us with numerous copies of our full payment history reflecting a ZERO balance (0) on our statement and no principle as owed on the property since August 4, 2009, during our defective foreclosure, prior to ratification, and prior to any contact from Dyck O’Neal, Inc. Notwithstanding the evidence and facts, we have been forced to defend against Dyck O’Neal, Inc.’s outrageous claims for four years. Our case includes issues of payment, facial fraud, and Dyck O’Neal, Inc.’s regulatory licensing failures. For example, Dyck O’Neal, Inc. finally admits, in its appellee brief, that the facially fraudulent Allonge(s), Version A and Version B, or some of the counterfeit documents “may be considered invalid” by the court.

    We await a decision from the Court of Special Appeals of Maryland…..

    After our defective non-judicial foreclosures included in the NMS and the IFR, BOA continues to ask “when are you moving out of the house?” WE HAVE BEEN GONE FOR OVER FIVE YEARS!!!

    We wonder what did they report to the Trustee? What was reported to the Certificate holders in the GSR2006-2F?


  16. 07-Ch-0887 filed May 16, 2016

    From: Livingliess Weblog To: Sent: Tuesday, May 17, 2016 1:24 PM Subject: [New post] Another Countrywide Settlement: And Still No Disclosure of What Is Wrong #yiv6660975239 a:hover {color:red;}#yiv6660975239 a {text-decoration:none;color:#0088cc;}#yiv6660975239 a.yiv6660975239primaryactionlink:link, #yiv6660975239 a.yiv6660975239primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv6660975239 a.yiv6660975239primaryactionlink:hover, #yiv6660975239 a.yiv6660975239primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv6660975239 | Neil Garfield posted: “assuming the investors got some or all of their investment back, under what circumstances would there exist (a) a default and (b) an enforceable loan contract and (c) ANY definable amount for “reinstatement” required under virtually all written mortgages” | |


  17. It is hard to believe that this bad trip is still going on, and not one bankster or servicer exec has gone to jail. Really sad. I doubt anyone can unravel this mess ever. Maybe there was no creditor at all and only something on a piece of paper.


  18. Reblogged this on Deadly Clear.


  19. Perhaps it has something to do with releasing the household estate from claims ?


  20. Alleged Borrowers …. ?
    Now Neil … You know that’s an Understatement .

    I would Love for you to Elaborate !

    Because you see … I am not a Payor on the Note
    . I thought I was a Mortgagor.
    Come to find out I’m a Grantor and Borrower….so they said,

    Public records showed my mortgage to be total coSt of the loan as disclosed on the TIL disclosure. The Funny Guy Law Firm solicited ME not my husband to refinance My Mortgage which was almost DOUBLE the amount of my husbands Note.


  21. The MERS as phony “Holding Company” counterfeited some 70 %, some 70 million, titles to Real Estate.

    Professor Peterson explained the MERS was used to “PRETEND” to own all the “loans” in its portfolio. Read p. 116 and footnote 23; R.K. Arnold, the CEO of the MERS, explains it as his intention to own all the “loans” in the country.

    Professor Peterson actually uses the word: “Pretend”. He is now the chief counsel for “Enforcement” at the CFPB- lotta “Pretending” going on these days.

    The banks are attempting to recapitalize any number of debts they owe to fraud.

    This is why F&F, as GSEs, are still being held hostage by the English-based, parasite and imposter, to the American Dollar and American Indebted-ness, the criminal, privately-owned and operated, Cartel- the intentionally-mislabeled, “Federal Reserve”, which is neither “Federal”, nor possessing ANY “Reserves”.

    Read, Ellen Brown’s the “Web of Debt”. Rest first; you will never sleep again.

    Judge Gleeson in Manhattan knows “HSBC” “Bank of America” and “Wells Fargo”, are laundering drug and terror money. He will rule on filling the rest of US in very soon.

    Judge Sweeney in Manhattan knows the GSEs, Fannie and Freddie are being held hostage by the goons that control our government (the privately-owned and operated, banks) and they those banks will not let F&F go back into private ownership.


    Because the fees are preparing the banks for the inevitable, 1200 Trillion Dollar hangover they created, that has made them “Insolvent” and the second criminal, phony “holding company they created to liquidate “loans” in F&F, is called “ResCap”, or, Residential Capital”.

    Oh Gee… Golly … Shucks … these are big numbers … this is so confusing … Golly Gee Willakers.

    It’s really not confusing- a privately-owned, criminal cartel is counterfeiting the titles to American Mortgages in order to launder terror and drug money.

    Defrauded homeowners? National Settlements … WHO CARES? … so long as no bankers ever pay for their crimes.


  22. Anyone know a place to check your Trust as being included in any one or more of the settlements?


  23. FYI … Look at [every] Trustee’s Deed Upon Sale (“TDUS”) and you will notice that the total alleged debt averages $70K to $95K [more] than is ever bid at sale. (every single time … CA)


    Those are the [alleged] “Servicer Advances” that are [never] part of the [original] debt-contract, and are [never] a provision in the deed of trust (“DOT”) security-contract, either. This “extra-debt” is not part of the original loan and not recoverable as such, but it is hard evidence that there never was any default possible, at all.

    The “Mortgage Default Insurance” which is also part of every (“DOT”), also DISALLOWS the possibility of a default ..!

    We can get to these things in a proper bankruptcy proceeding, if it’s tee’d up right.


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