HOW TO APPLY THE DEFINITION OF A COMMON LAW TRUST

It’s always best to start at the beginning. All REMIC Trusts appear to be written up as common law trusts permitted under the laws of the State of New York or the State of Delaware. The problem with the REMIC Trusts is that they are not common law trusts nor trusts of any kind.

Consider the definitions available. Based upon a modicum of research all definitions of common law trusts can be summed up as the following:

trust is created by a settlor, who transfers title to some or all of his or her property to a trustee, who then holds title to that property in trust for the benefit of the beneficiaries. … Trusts have existed since Roman times and have become one of the most important innovations in property law.

So a common law trust must be created by a settlor.

The settlor is the party who transfer title to property or money to a trustee.

The trustee holds the property or money for the benefit of the beneficiaries.

And here is the simplest answer to the many questions I have received:

The REMIC Trusts do not actually identify a settlor, nor do they identify money or property transferred to the Trustee; and the Trustee does not appear to be doing anything for the benefit of beneficiaries much less holding any property or money from the Settlor.

That is why no REMIC Trust ever claims to be a holder in due course. That would mean they are the owner of the debt. Instead they claim the status of holder, which only means they hold, possess and maybe even own “the paper”; but the paper is worthless because it does not memorialize any monetary transaction in the real world between the borrower and the Payee on the note.

The REMIC paperwork is very similar to the loan closings. Lots of words and paper instruments. Very thin on any actual financial transaction.

So the REMIC Trusts are “sold” to the public as having some substance (i.e., assets) somewhere in there, but you really cannot identify where. The origination documents for a loan, like the so-called REMIC Trusts, consist of lots of paper in which the public is led to assume that there is some financial transaction “in there.” We do have the borrower receiving funds but we don’t have an actual Payor/Lender in any conventional sense.

CONCLUSION: The REMIC Trusts do not exist. The promissory note signed by borrowers is a sham, and the mortgage or deed of trust is void. See 2007-2018 articles in this blog.

6 Responses

  1. INTHE BULKOF WAMU SECURITIZATION TRUSTS(NY OR DEL) THEREIS A sETTLOR NAME WAS WAMU ASSET ACCEPTANCE CORP.THEY USED THE WORD DEPOSITOR AND IT ALSO WAS AN SEC REGISTRANT
    THE IRS REMIC TAX ISSUE IS TOTALLY IRRELEVANT,
    THE PROBLEM WITH MOST OF THE ATTACK IS THE CLAIM ITS N/G BECAUSE THE TRUST HAD NO ABILITY TO COMPINSATE FOR THENOTES .WRONG!
    THEY HAD REGISTERED SECURITIES CALLED CERTIFICATESWHICH THEY USED TO PAY FOR THE LOANS FROM WAMUAA WHICH SOLDTHEM TO INVVESTORS FOR REAL MONEY TO PAY FOR THE LOANS IT ACQUIRED AND KEPT
    THE SPEAD
    WHY IS THIS ANALYSIS WRONG??

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  2. Then they violate trust laws to assign mortgage after closing date of trust by election of parties and tell the homeowners that they can’t challenge these illegalities as they are not parties to this alleged transaction.


    If they can violate on trust law, then they can violate two, three and the entire trust laws by election of parties and in such case the trust become non-existent. Therefore, violation of one trust law by election of parties is impermissible.

    If a trust can alter trust laws by whims and fancies how a trust be trusted?

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  3. Then they violate trust laws by election of parties and tell the home owners that they can’t challenge these illegalities as they are not parties to this alleged transaction.

    If they can violate on trust law, then they can violate the entire trust law by election of parties and in such case the trust become non-existent. Therefore, violation any one trust law is impermissible.

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  4. Reblogged this on Deadly Clear and commented:
    Just like the judicial pension investments loaded with MBS. NEITHER THE TRUSTS NOR THE PENSIONS EXIST. Won’t those judges be pissed in a few years? And who do they answer to at the end of this life for all the wrongful foreclosures they allowed and homeowners they screwed? Think there will even be any remorse?

    Liked by 1 person

  5. the REMIC trusts do not exist, and it is violation of IRS law.

    Liked by 1 person

  6. I wish there was somebody who could positively identify a fraud mortgage. I have been through hell with this mortgage taken in 2007. In 2011 contacted a lawyer and fought for a modification, cost me divorce and a lot of mental anguish while the banks never cooperated or answered demand questions. The Mortgage was with EHome Credit Corp to IndyMac that failed, to One West Bank to Ocwen….in the later part of 2017 was given a modification with 287,000 of their Bullshit interest during the 6 Years they wouldn’t cooperate. So tax time I get a 1099c for 289,000. because they look at this as income! Dirty Banks…they don’t lose, now they are w Congress arguing for less regulation ??? Here they come again! More bs arm loans, more foreclosures, pay days etc…and who will care? The Secretary of Finance? Steve Munchin? Bahaha….so my mortgage is at Deutsche Bank now! 2007 FLX-3 note was stamped by Vincent Dombrowski in recourse…..and a few other unidentifiable squiggles…no notary. I wish horrible fates on these people for their greed and how they hurt so many!!

    Liked by 1 person

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