About Those PSA Signatures

What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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From one case in which I am consulting, this is my response to the inquiring lawyer:

I can find no evidence that there is a Trust ever created or operational by the name of “RMAC REMIC Trust Series 2009-9”. In my honest opinion I don’t think there ever was such a trust. I think that papers were drawn up for the trust but never executed. Since the trusts are phantoms anyway, this was consistent with the facts. The use of the trust as a Plaintiff in a court action is a fraud upon the court and the Defendants. The fact that the trust does not exist deprives the court of any jurisdiction. We’ll see when you get the alleged PSA, which even if physically hand-signed probably represents another example of robo-signing, fabrication, back-dating and forgery.

I think it will not show signatures — and remember digital or electronic signatures are not acceptable unless they meet the terms of legislative approval. Keep in mind that the Mortgage Loan Schedule (MLS) was BY DEFINITION  created long after the cutoff date. I say it is by definition because every Prospectus I have ever read states that the MLS attached to the PSA at the time of investment is NOT the real MLS, and that it is there by way of example only. The disclosure is that the actual loan schedule will be filled in “later.”

 

see https://livinglies.wordpress.com/2015/11/30/standing-is-not-a-multiple-choice-question/

also see DigitalSignatures

References are from Wikipedia, but verified

DIGITAL AND ELECTRONIC SIGNATURES

On digital signatures, they are supposed to be from a provable source that cannot be disavowed. And they are supposed to have electronic characteristics making the digital signature provable such that one would have confidence at least as high as a handwritten signature.

Merely typing a name does nothing. it is neither a digital nor electronic signature. Lawyers frequently make the mistake of looking at a document with /s/ John  Smith and assuming that it qualifies as digital or electronic signature. It does not.

We lawyers think that because we do it all the time. What we are forgetting is that our signature is coming through a trusted source and already has been vetted when we signed up for digital filing and further is backed up by court rules and Bar rules that would reign terror on a lawyer who attempted to disavow the signature.

A digital signature is a mathematical scheme for demonstrating the authenticity of a digital message or documents. A valid digital signature gives a recipient reason to believe that the message was created by a known sender, that the sender cannot deny having sent the message (authentication and non-repudiation), and that the message was not altered in transit (integrity).

Digital signatures are a standard element of most cryptographic protocol suites, and are commonly used for software distribution, financial transactions, contract management software, and in other cases where it is important to detect forgery or tampering.

Electronic signatures are different but only by degree and focus:

An electronic signature is intended to provide a secure and accurate identification method for the signatory to provide a seamless transaction. Definitions of electronic signatures vary depending on the applicable jurisdiction. A common denominator in most countries is the level of an advanced electronic signature requiring that:

  1. The signatory can be uniquely identified and linked to the signature
  2. The signatory must have sole control of the private key that was used to create the electronic signature
  3. The signature must be capable of identifying if its accompanying data has been tampered with after the message was signed
  4. In the event that the accompanying data has been changed, the signature must be invalidated[6]

Electronic signatures may be created with increasing levels of security, with each having its own set of requirements and means of creation on various levels that prove the validity of the signature. To provide an even stronger probative value than the above described advanced electronic signature, some countries like the European Union or Switzerland introduced the qualified electronic signature. It is difficult to challenge the authorship of a statement signed with a qualified electronic signature – the statement is non-reputable.[7] Technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature-creating device [8] and which has been authenticated by a qualified trust service provider.[9]

PLEADING:

Comes Now Defendants and Move to Dismiss the instant action for lack of personal and subject matter jurisdiction and as grounds therefor say as follows:

  1. The named plaintiff in this action does not exist.
  2. After extensive investigation and inquiry, neither Defendants nor undersigned counsel nor forensic experts can find any evidence that the alleged trust ever existed, much less conducted business.
  3. There is no evidence that the alleged trustee ever ACTUALLY conducted any business in the name of the trust, much less a purchase of loans, much less the purchase of the subject loan.
  4. There is no evidence that the Trust exists nor any evidence that the Trust’s name has ever been used except in the context of (1) “foreclosure” which has, in the opinion, of forensic experts, merely a cloak for the continuing theft of investor money and assets to the detriment of both the real parties in interest and the Defendants and (2) the sale of bonds to investors falsely presented as having been issued by the “trust”, the proceeds of which “sale” was never received by the trust.
  5. Upon due diligence before filing such a lawsuit causing the forfeiture of homestead property, counsel knew or should have known that the Trust never existed nor has any business ever been conducted in the name of the Trust except the sale of bonds allegedly issued by the Trust and the use of the name of the trust to sue in foreclosure.
  6. As for the sale of the bonds allegedly issued by the Trust there is no evidence that the Trust ever issued said bonds and there is (a) no evidence the Trust received any funds ever from the sale of bonds or any other source and (b) having no assets, money or bank account, there is no possible evidence that the Trust acquired any assets, business or even incurred any liabilities.
  7. Wells Fargo, individually and not as Trustee, has engaged in a widespread pattern of behavior of presenting itself as Trustee of non existent Trusts and should be sanctioned to prevent it or anyone else in the banking industry from engaging in such conduct.

WHEREFORE Defendants pray this Honorable Court will dismiss the instant complaint with prejudice, award attorneys fees, costs and sanctions against opposing counsel and Wells Fargo individually and not as Trustee of a nonexistent Trust for falsely presenting itself as the Trustee of a Trust it knew or should have known had no existence.

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8 Responses

  1. go and look at and read the requirements, and oa., operational agreements.

    so ever issuer i saying they are trust, so the trust most do all in the oa. and it must be signed.

    http://www.dtcc.com/matching-settlement-and-asset-services/issuer-services/how-issuers-work-with-dtc

  2. everything start here, for issurs+trusts+depositor

    FAQS: HOW ISSUERS WORK WITH DTC
    Home/Matching, Settlement & Asset Services/Issuer Services/FAQs
    Share Print
    Contact Relationship Management
    OverviewNewsLegalClient Center

    WHAT IS AN “ELIGIBLE SECURITY”?

    An “eligible security” is one that is freely tradable pursuant to U.S. securities laws and is otherwise qualified to be held at DTC and serviced. The eligibility criteria are more fully described in DTC’s Operational Arrangements. Depository services over the lifecycle of the security may include deposits, withdrawals, and a wide range of corporate action events such as dividend and interest payments, tender and rights offers, and corporate reorganizations.

    HOW DOES AN ISSUE BECOME ELIGIBLE AT DTC?

    For an underwritten offering, a DTC participant submits a request to make a security eligible for DTC services. Participants may also request eligibility for “older issues” which are already traded in the marketplace. DTC participants include banks, broker/dealers and other firms that act as underwriters of new issues, as well as other types of financial service institutions. An issuer seeking for an issue to become DTC eligible should work through a DTC participant that is willing to sponsor the eligibility process for the security. A participant may submit an eligibility request through DTC’s Underwriting Service at the time a security is initially offered and distributed to the marketplace, or at a later time for older issues that are not already DTC eligible. DTC’s Underwriting area may be consulted for specific eligibility requirements.

  3. So…Lets Be Deadly Clear Here!

    I Did Not Sign the 1003. I Authorized Nothing!

    One Half of the Estate.
    My Cookie Jars

  4. I understand the trusts are and always were empty, but I received a certified copy of the PSA involved in my situation directly from the SEC. How does one prove no bank account or purchases were ever made by the trust that went to so much trouble to make itself look real to the SEC?

    Since these sham trusts were set up as REMICs, would the information be available to the IRS? How does one investigate this?

    Does this information help people fighting foreclosure in non-judicial foreclosure states? How does it help and what is required?

    I know of no lawyer fighting foreclosure in a non-judicial foreclosure state who would know how to use this information for his client’s benefit.

    Discovery is a joke. Cases are usually dismissed or dead before discovery is allowed to go forward. Anyone have any ideas about this?

  5. The Mortgage Loan Schedule is made up of computer program “data fields” where most of the information is obtained from the Fannie 1003 loan application. This is the only document that provides a disclaimer for explicit authorization to electronically transfer data. See page 4 of the application, small print buried in the paragraph at the bottom. IMHO this is where the securities transaction began – long before the faux mortgage and notes were signed – sold and signed with no disclosure to the homeowner that he was unwittingly participating in a securities transaction… i.e. Gambling his property away on Wall Street in an UNREGULATED securities scheme.

  6. Reblogged this on Deadly Clear and commented:
    Finally, we’re beginning to recognize the importance of UETA and eSign! DeadlyClear has provided several posts regarding electronic signatures in the past years. While the failure to obtain explicit authorization pursuant to the law may not invalidate the transaction – it does shed light on the fact that these were securities transaction – because securities are allowed to be electronically transferred…but not mortgage promissory notes – at least not without “explicit agreement” by the issuer (obligor) – and that never happened before 2008.

    See https://deadlyclear.wordpress.com/2013/10/05/is-the-promissory-note-even-enforceable/

    See also: https://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/

  7. It seems most cases never get to the point of receiving the loan schedule.

  8. Good one! Go get em Neil! Jones & Company Realty 9403 Cypress Lake Dr. Suite 3 Fort Myers, FL 33919 239-770-4485 personal cell 239-481-0400 home office 239-415-5881 Jones & Co. Realty office reip4u@gmail.com email http://www.reip4u.com

    On Tue, Aug 16, 2016 at 12:15 PM, Livingliess Weblog wrote: > Neil Garfield posted: “What is apparent is that the trusts never came into > legal existence both because they were never funded and because they were in > many cases never signed. Failure to execute and failure to fund the trust > reduces the “trust” to a pile of ashes. THE FOLLOW” >

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