Forbes: TBTF Banks have $3.8 Trillion in Reported Loan Portfolios — How much of it is real?

The five largest U.S. banks have a combined loan portfolio of almost $3.8 trillion, which represents 40% of the total loans handed out by all U.S. commercial banks.

See Forbes: $3.8 Trillion in Portfolio Loans

I can spot around $300 billion that isn’t real.

Let us help you plan your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult.

Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations. Presenters: Attorney and Expert Neil Garfield, Forensic Auditor Dan Edstrom, Attorney Charles Marshall and and Private Investigator Bill Paatalo. The webinar and materials are all downloadable.

Get a Consult and TEAR (Title & Encumbrances Analysis and & Report) 202-838-6345. The TEAR replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. It’s better than calling!

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

===========================

When interviewing the FDIC receiver back in 2008 he told me that WAMU had originated around $1 Trillion in loans. He also told me that most of them were subject to claims of securitization (i.e., they had been sold). Then when I asked him how much had been sold, he said that Chase had told him the total was around 2/3. Translation: With zero consideration, Chase was about to use the agreement of October 25, 2008 as an excuse to claim ownership and servicing rights on over $300 billion in loans. Chase was claiming ownership when it suited them. By my count they foreclosed on over $100 billion of those “WAMU” loans and, for the most part, collected the proceeds for itself.

Point One: If there really were $300 Billion in loans left in WAMU inventory, there would have been no receivership nor would there have been any bankruptcy.

Point Two: If there were $300 Billion in loans left in WAMU inventory, or even if there was 1/10th that amount, neither the FDIC receiver nor the US Trustee in WAMU bankruptcy would have allowed the portfolio to be given to Chase without Chase paying more than zero. The receiver and the US Trustee would have been liable for civil and even criminal penalties. But they were not liable because there were no loans to sell.

So it should come as no surprise that a class action lawsuit has been filed against Chase for falsely claiming the payments from performing loans and keeping them, and for falsely claiming the proceeds on foreclosure as if they were the creditor when they were most clearly not. whether the lawyers know it or not, they might just have filed the largest lawsuit in history.

see Young v Chase Class Action – WaMu Loans – EDNY June 2018

This isn’t unique. Chase had its WAMU. BofA had its Countrywide. Wells Fargo had its Wachovia. Citi had lots of alter egos. The you have OneWest with its IndyMac. And there are others. All of them had one thing in common: they were claiming ownership rights over mortgages that were falsely claimed to have been “acquired through merger or acquisition using the FDIC (enter Sheila Bair screaming) as a governmental rubber stamp such that it would appear that they purchased over a trillion dollars in residential mortgage loans when in fact they merely created the illusion of those loans which had been sold long ago.

None of this was lost on the insurers that were defrauded when they issued insurance policies that were procured under false pretenses on supposedly non-securities where the truth is that, like the residential loans themselves, the “securities” and the loans were guaranteed to fail.

Simplistically, if you underwrite a loan to an family whose total income is less than the payments will be when the loan resets to full amortization you can be sure of two things: (1) the loan will fail short-term and (2) the “certificates” will fail along with them. If you know that in advance you can bet strong against the loans and the certificates by purchasing insurance from insurers who were inclined to trust the underwriters (a/k/a “Master Servicer” of nonexistent trust issuing the certificates).

see AMBAC Insurance Case vs U.S. Bank

The bottom line is that inside the smoke and mirrors palace, there is around $1 Trillion in loans that probably were sold (leveraged) dozens of times where the debt is owned by nobody in particular — just the TBTF bank that claims it. Once they get to foreclosure, the presumption arises that everything that preceded the foreclosure sale is valid. And its very hard to convince judges that they just rubber stamped another theft.

Investigator Bill Paatalo: Wells Fargo Admits To Executing WaMu Note Endorsement in 2013, And the Arkansas Bankruptcy Court Allows WaMu to Get Away With It!

Editor’s note: Great analysis by investigator Bill Paatalo at BPinvestigativeagency.com.
Arkansas courts are known to be some of the most corrupt bankruptcy and foreclosure courts in the country and the Arkansas Judiciary refuses to follow its own laws while catering to the interests of Foreclosure Mill Wilson and Associates.  US bankruptcy trustee Joyce Babin is known for her bank-friendly decisions and has now legitimized fraud-on-the-court as an acceptable practice.
images

Arkansas Law permits Fraud on the Court

This decision out of an Arkansas Bankruptcy Court has to be one of the most bizarre rulings I have ever read to-date. (SeeSchiefer v Wells Fargo – Arkansas). Though the Court appears to get the facts utterly wrong in this case, there is one valuable nugget (FACT) that now exists – Wells Fargo admits to executing an endorsement upon a note by a WaMu Officer in 2013! The endorsements of WaMu officers appearing on notes long after the FDIC Receivership is what I have been attesting to for years now based upon a conglomeration of evidence. But now, we have an actual admission!

(Excerpts from this ruling with my comments in BOLD CAPS)

“Considering all of the evidence and the contradictory testimony by Wells Fargo, the Court can establish the following time line:

3. In 2007, Washington Mutual assigned the mortgage and note to Wells Fargo.  (Wells Fargo Ex. D.) [COMMENT: THE EVIDENCE SHOWED NO ASSIGNMENT UPON THE NOTE PRIOR TO THE FDIC RECEIVERSHIP.]  In addition, according to Bateman, Wells Fargo obtained physical possession of the note and mortgage at that time.  With the assignment, Wells Fargo became either the owner of the note and mortgage or, if Fannie Mae was the owner, then Wells Fargo became the servicer of the note. Regardless, at the time of the assignment, the note was not indorsed either in blank or to Wells Fargo.  Under Arkansas law, the assignment would not have been concluded (or negotiated) until the note was indorsed.  Ark. Code Ann. § 43-203(c) (“if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor . . . negotiation of the instrument does not occur until the indorsement is made.”).

———————————————————————–

FN:

2  Wells Fargo introduced an assignment of mortgage from First Western to Washington Mutual that was filed in December 2004 and Bateman testified that Fannie Mae became the owner of the note in January 2005.  However, neither party introduced any document that evidenced transfer of ownership of the note to Fannie Mae. [COMMENT: WHERE’S THE EVIDENCE OF TRANSFER OF THE NOTE TO ANYONE AT THIS POINT?]

————————————————————————

5. According to Wells Fargo’s response to the debtors’ requests for admissions, in February 2013 Wells Fargo added the second indorsement (the indorsement in blank) pursuant to a limited power of attorney from JP Morgan. [COMMENT: SECOND ENDORSEMENT? WHERE IS THE FIRST ENDORSEMENT?] The indorsement in blank was signed by Leta Hutchinson as Assistant Vice President of Washington Mutual Bank, FA.  According to Hutchinson’s deposition (Dbs.’ Ex. G), Hutchinson was employed by Washington Mutual in February 2013. [COMMENT: EMPLOYED BY WASHINGTON MUTUAL IN 2013?!] Hutchinson also stated that she previously was an Assistant Vice President of Washington Mutual but ceased that position in May 2006.  [COMMENT: EVEN WHEN HER ENDORSEMENT WAS PLACED UPON THE NOTE IN 2013, AND EVEN IF SHE WORKED FOR WASHINGTON MUTUAL LONG AFTER IT DIED, SHE WASN’T AN OFFICER!]When asked in the deposition what her job responsibilities were at Washington Mutual, she stated that she was the department manager for the documentation department but did not state when she held that position or what her job title was in February 2013.

Based on the above time line and the evidence presented at trial, the Court makes the following findings of fact that are relevant to the Court’s decision.

First, at the time the debtors filed their bankruptcy petition, Wells Fargo was either the owner of the note and mortgage (based solely on recorded state court documents) or was the servicer of the note (based on testimony and interrogatories that identify Fannie Mae as the owner).

………

Third, the indorsement in blank was signed by Leta Hutchinson pursuant to a power of attorney between JP Morgan Chase Bank, successor in interest from the FDIC as Receiver of Washington Mutual Bank and Wells Fargo.5  And fourth, at the time the indorsement in blank was added–in February 2013–Hutchinson was not an Assistant Vice President of Washington Mutual but was an employee of Washington Mutual. [COMMENT: IF HUTCHINSON DIDN’T WORK FOR EITHER WELLS FARGO OR JPMORGAN CHASE, AND THE COURT BELIEVES HER ENDORSEMENT IS AUTHORIZED BY THE POA BETWEEN THESE TWO ENTITIES, HOW DOES THIS ENDORSEMENT SURVIVE?]

———————————————————

FN:

4  The only evidence before the Court of the receivership is a limited power of attorney dated July 8, 2011, that is attached to the Response to Plaintiffs’ First Set of Interrogatories to Wells Fargo Bank, N.A.  (Dbs.’ Ex. D.)  The power of attorney appoints Wells Fargo Bank, N.A. as “Servicer” for JP Morgan Chase Bank as “Investor” and “the successor in interest from the FDIC as Receiver of Washington Mutual Bank.” [COMMENT: THE LIMITED POWER IS GRANTED BY JPMORGAN CHASE AS “INVESTOR” TO WELLS FARGO? THE TESTIMONY IS THAT FANNIE MAE OWNED THE LOAN SINCE 2005! HOW IN THE WORLD DOES CHASE GRANT ANY AUTHORITY AS THE INVESTOR?]

5  The Court finds as a matter of law that the debtors failed to prove by a preponderance of the evidence that Wells Fargo did not have the authority to indorse the note in blank on behalf of Washington Mutual. [COMMENT: SERIOUSLY?] First Western assigned the note to Washington Mutual [COMMENT: NO THEY DID NOT!] and JP Morgan was the apparent successor in interest from the FDIC as receiver of Washington Mutual.  As successor in interest, JP Morgan authorized Wells Fargo under a power of attorney to effectuate “[t]he assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in connection with the repurchase of the mortgage loan secured and evidenced thereby.” [COMMENT: “REPURCHASE?”] The indorsement in blank completed the transfer that began in 2007 when Washington Mutual initially assigned the mortgage and note to Wells Fargo. [COMMENT: I DIDN’T REALIZE THAT DECEASED PARTIES COULD COMPLETE NEGOTIATED TRANSACTIONS AFTER THEIR DEATH. HMM..I’M STILL SCRATCHING MY HEAD ON THIS COURT CONDONED “FIX” OF A FATALLY DEFECTIVE CHAIN OF TITLE.]

——————————————————————-

Troubling for the debtors is the validity of Hutchinson’s indorsement in blank.  Because Hutchinson never worked for JP Morgan, the debtors argue that JP Morgan would not have had the authority to authorize Wells Fargo to sign Hutchinson’s name to a financial instrument.  And, again, without a valid signature, the indorsement would be a nullity. However, two facts work against the debtors’ argument.  First, at the time the indorsement in blank was added to the note in February 2013, Hutchinson was an employee of Washington Mutual.  Second, at the time the indorsement was added, JP Morgan was acting as successor in interest from the FDIC as Receiver of Washington Mutual.  Under the power of attorney given by JP Morgan to Wells Fargo, Wells Fargo was empowered to negotiate the assignment of a note and mortgage.  In this case, the indorsement in blank was the final step required to complete the transfer that was begun in 2007.  Although Hutchinson was not Assistant Vice President at the time the indorsement was added, she was employed by Washington Mutual and could have been acting in an agency capacity.”

[COMMENT: SO, WELLS FARGO VIA A “POWER OF ATTORNEY,” EXECUTES AN ENDORSEMENT BY A WAMU OFFICER WHEN THAT PARTY NO LONGER WAS AN OFFICER, AND THE ENTITY HAD DIED FIVE-YEARS PRIOR. PLUS, THERE IS NO “ATTORNEY-IN-FACT” SPELLED OUT WITH THE ENDORSEMENT SHOWING JUST HOW IT CAME TO BE ON THE NOTE. ABSURD! I’LL LET THE LEGAL MINDS NOW CHIME IN ON THIS ONE.]

Bill Paatalo – Private Investigator – OR PSID# 49411

BP Investigative Agency

bill.bpia@gmail.com

[COMMENT: ABSURD!]

Bill Paatalo – Private Investigator – OR PSID# 49411

BP Investigative Agency

bill.bpia@gmail.com

Investigator Bill Paatalo BlockBuster Finding: WaMu Investor Code “AO1″ Revealed – Chase Stipulates It Represents “WaMu Asset Acceptance Corp.”

 http://bpinvestigativeagency.com/wamu-investor-code-ao1-revealed-chase-stipulates-it-represents-wamu-asset-acceptance-corp/

(DISCLOSURE: This article is not intended to be construed as legal advice. Seek advice from a licensed attorney in your jurisdiction regarding any of the information provided below.)

High praise to Attorney Ron Freshman in San Diego, CA and his paralegal Kimberly Cromwell who recently obtained this remarkable “Stipulation of Fact” from JPMorgan Chase Bank’s counsel. (See #8 – Chase Stipulated Fact – AO1 – WMAAC).  Last November, I wrote the following article seeking the identity of private investor “AO1.” (See: http://bpinvestigativeagency.com/who-is-private-investor-ao1-jpmorgan-chase-refuses-to-reveal-the-identity-of-this-investor/).

Thanks to the aggressive prosecution and discovery efforts put forth by Attorney Freshman and his team, the answer has now been revealed. JPMorgan Chase’s counsel has stipulated in paragraph #8, “Investor code AO1 in the Loan Transfer History File represents WaMu Asset Acceptance Corporation.

Folks, I have opined against Chase for years now that this investor code does not signify “banked owned” loans on the “books of Washington Mutual Bank,” but rather a securitization subsidiary of Washington Mutual, Inc. I’ve been attacked by Chase who has argued vehemently that my opinion is simply dead wrong, and has sought to have my testimony stricken. Well it appears as though I’ve now  been vindicated! This stipulated fact runs contrary to Chase’s long standing position, in thousands of foreclosures across the United States, that it acquired “AO1″ loans because they were “on the books” of  “Washington Mutual Bank” per the Purchase & Assumption Agreement (PAA) with the FDIC. This has been a lie, as these “AO1″ loans could not have been a part of the PAA due to the sale and securitization of said loans by WMB through its “off-balance sheet activities.” More so, Chase’s use of the FIRREA argument against homeowners for loans not on WMB’s books may have suffered a tremendous blow here.

It has long been my opinion that testimony put forth by Chase witnesses, like the following by Peter Katsikas, have been downright false. Again, more vindication. Here’s what Katsikas had to say under oath regarding investor code “AO1″:

PETER KATSIKAS,

called as a witness, having been duly sworn, testified as follows:

(Beginning – P. 43):

Q. And do you know whether or not at the time of the acquisition of the assets that are identified in the purchase and assumption agreement with the FDIC to Chase dated September 2008, did it include a list of the loans that Chase was acquiring?

A. I mean, I didn’t see an actual list, but there’s — it’s in the system. It’s in the MSP servicing — that’s a system the bank uses to service the accounts.

Q. Is it your testimony that the Freeman loans were owned by Washington Mutual F.A. at the time the bank failed?

A. Yes.

Q. Is it your testimony that Washington Mutual Bank or some subsidiary of the bank was not servicing those loan at the time?

MR. HERMAN: Can you read that back, please.

(Question read)

MR. HERMAN: At what time?

MR. WRIGHT: Prior to September 25, 2008, between the time they were made and September 25, 2008.

A. The servicer was Washington Mutual F.A.

Q. Okay. Was there an investor?

A. It was bank-owned. It’s always been bank-owned.

Q. It’s always been bank-owned?

A. Correct.

Q. And you know that because?

A. I reviewed Chase’s books and records.

Q. What in the books and records would indicate to you that it was

bank-owned versus not bank-owned?

A. Well, they’re through the investor screens and also the ID codes,investor ID codes.

Q. Okay. And the ID codes are letters, aren’t they?

MR. HERMAN: Objection.

A. They consist of letters and numerals.

Q. Okay. And what letters would indicate an investor?

A. There’s three digits or three characters.

Q. Two letters and a number?

A. No, it could be a mixture of.

Q. So what three characters — well, let’s put it another way. What characters would indicate a Chase-owned asset — a WaMu-owned asset?

Excuse me.

A. For these two loans?

Q. Yes.

A. AO1.

Q. AO1?

A. Yeah.

Q. And that AO1 stands for what?

A. That’s just the three digit code, which is bank-owned.

Q. AO1?

A. Uh-huh.

(Recess)

Katsikas Depo Transcript

Bill Paatalo – Private Investigator – OR PSID# 49411
BP Investigative Agency, LLC
P.O. Box 838
Absarokee, MT 59001
Office: (406) 328-4075

Investigator Bill Paatalo: A Plea To These Conspirators – You Have The Power To End This Nightmare.

 http://bpinvestigativeagency.com/a-plea-to-these-conspirators-you-have-the-power-to-end-this-nightmare/

I received an email yesterday morning that starts out with this:

On Mon, Apr 24, 2017 at 9:18 AM, the author wrote:

Please help save longtime Sandy Oregon resident Robynne Fauley’s life. She had major cancer surgery less than two weeks ago is getting chemo and is VERY ill. She will be evicted from her home on May 1st if we don’t help.  She has nowhere to go. The ordeal is very likely to kill he[r;].
I happen to have some knowledge about this case, as I was called in as an expert last year to assist an ABC News investigative journalist in Dallas, TX. Unfortunately, after all the time spent conducting interviews and laying out the evidence of fraud on a platter, corporate counsel for ABC News quashed the story. I’m sure this surprises no one. The reality is that the media will continue to plug its ears, while law enforcement will continue to view and categorize crimes of counterfeiting, forgery, tax evasion, and mail/wire fraud as “civil matters” in the context of foreclosures.
So with the clock ticking, I thought I’d throw up a “Hail Mary” plea in the direction of “Diane Meistad” and the rest of these conspirators. Diane, Michael, and the rest of you –  if you’re out there and see this, fix it!
The following email strand (2008 Internal Emails – MGC – RFC – Quality Loan Servicing – Fauley Case) is a rare glimpse of bank employees conspiring to forge, back-date, and fraudulently produce a chain of title.
July 11, 2008
From: Monica Hadley – MGC Mortgage
To: Chris Malapit – (Trustee) Quality Loan Service of Washington
Hadley: Chris, Does this loan have title issues? I was going through the original documents and the chain of title seems to be missing some assignments. It could have been that this was missed in the file and all is well. I want to make sure.
July 11. 2008
From: Chris Malapit
To: Monica Hadley
Subject: *12125 Se Laughing Water, Sandy, OR 97055* Robynne Fauley
The DOT was assigned to WAMU,FA as of 5/3/2007 by instrument#2007-038181. Once we are able to proceed we will then need an assignment from WAMU, FA in LNV Corporation.
July 14, 2008
From: Monica Hadley
To: Chris Malapit
Chris, That is what I see too. We received the loan from Residential Funding Company, LLC and have an AOM from RFC to LNV Corporation. Why did RFC assign the loan to WAMU? Do you have a contact at WAMU who will assign the file to LNV Corporation?
July 14, 2008
From: Chris Malapit
To: Monica Hadley
Doing more research I don’t think Residential Funding Co, LLC had the authority to transfer the interest as the last bene of record per our title report was Deutsche Bank Trust not Residential Funding Co.
July 16, 2008
From: Monica Hadley – MGC Mortgage
To: Chris Malapit – (Trustee) Quality Loan Service of Washington
Subject: Subject: *12125 Se Laughing Water, Sandy, OR 97055* Robynne Fauley
Here is a copy of the most recent title update from the attorney office and the email chain from our attorney.
[FAST FORWARD]
October 17, 2008
From: Michael Barnett (MGC Mortgage, Inc.)
To: Shanda Foreman (entity unknown)
Cc: Carissa Golden (entity unknown)
Subject: Intervening Assignments to Deutsche Bank
 
Shanda, I have 2 RFC loans that are needing assignments from Deutsche Bank to RFC. Please check to see if they are on the list you sent to RFC. See the loan numbers below.
 
17103058/Robynne Fauley, Oregon
17102692/Stuart Berg, New Jersey
 
 
October 24, 2008
From: Michael Barnett
To: ‘Meistad, Diane’ (entity unknown)
 
Diane, this loan was last assigned to Washington Mutual from RFC but, prior to this assignment was assigned from Washington Mutual to Deutsche Bank and recorded in Clackamas County, Oregon. We need an assignment from Deutsche Bank to RFC and from Washington Mutual to LNV Corp. I have templates for both assignments. We will be re-recording the assignment from RFC to Washington Mutual to correct the chain of title with both of these assignments. Also, please find Note Allonge from Deutsche Bank to RFC as well. Please forward these signed assignments back to me via our federal express account #252870180. Thanks Michael.
 
(Assignments & Allonge attached)
[Note: WAMU no longer existed on October 24, 2008. This is a huge problem! But this doesn’t stop MGC from creating the necessary “templates” to solve this problem. Furthermore, Diane Meistad is believed to have been employed by RFC. Yet, MGC creates an “Alonge” from Deutsche Bank to RFC seeking RFC’s execution, not Deutsche Bank.]
October 27, 2008
From: Diane Meistad
To: Michael Barnett
Subject: RE: Default Assignment Request loan #7889719/17103058 (Fauley, Robynne)
 
Michael, If the assignment was recorded from WAMU to DB and another assignment f/RFC to WAMU – technically the second assignment is ‘invalid’ because RFC was not in title to record the second assignment and it should not effect title.
 
Because of the assignment was invalid technically it didn’t transfer ownership.
 
October 27, 2008
From: Michael Barnett
To: Diane Meistad
 
Diane, since the assignment from RFC to WAMU is of record we have to correct the chain of title. At this point the county recorder’s office shows that WAMU is the assignee of record for this loan (which is wrong), right? RFC did assign this loan and shouldn’t have but, in order to fix this one the correct chain should be from Deutsche to RFC, then from RFC to WAMU, then WAMU to LNV Corp, which will correct the chain of title. Litton Loan Servicing LP prepared and recorded the assignment from RFC to WAMU, which should not have been recorded. We still need to get this loan from RFC to LNV to properly convey this property, since we purchased it from RFC. Please call me if you still concerns about the chain of assignments. Borrower loan #7889719/17103058 – Robynne Fauley. Thanks Michael.
 
[NOTE: This was a WAMU originated loan. WAMU sold this loan in a number of undocumented transactions that wound up in the hands of “Deutsche Bank as Trustee.” This means that the Fauley loan was securitized into some trust years prior, to which Deutsche Bank was acting as Trustee. MGC is claiming they purchased this loan when they clearly do not have clear title. They admit in this email that in order to correct the chain of title, they need the final transfer from WAMU to LNV Corp, which at this point in time is an impossibility. The next responsive email shows that Diane Meistad disagrees with MGC’s position / request.]
October 27, 2008
From: Diane Meistad
To: Michael Barnett
Subject: RE: Default Assignment Request loan (Fauley, Robynne)
 
I disagree since RFC was not in position (title position) to transfer the asset.
 
I will need to refer your request for this assignment to our Records Services team in Iowa to begin the process. Diane
[NOTE: Meistad, who is believed to work for RFC, does not believe RFC was in title position to transfer the Deed of Trust. The reference to the “Records Services team in Iowa” means it is likely that Wells Fargo was involved as a master servicer / custodian for the unidentified trust for which Deutsche Bank was Trustee.]
October 27, 2008
From: Michael Barnett
To: Diane Meistad
Subject: RE: Default Assignment Request loan (Fauley, Robynne)
 
Okay Diane, I had my manager look at this file with me and we have determined that we need the following assignments to correct the chain of assignments:
 
1) Corrective Assignment from WAMU TO Deutsche Bank (to correct the assignment from RFC to WAMU, which was recorded in error) & Note Allonge
2) Assignment from Deutsche Bank to RFC & Note Allonge
3) Assignment from RFC to LNV Corp (Note allonge in file already)
 
The assignment from RFC to WAMU was recorded in error so it is not needed. We also have 2 endorsements on the original Note WAMU to RFC to Deutsche Bank which should be cancelled, to correct the Endorsement chain on the Note. We will just need the okay from you via email to cancel these endorsements. Will this work for you? Thanks Michael.
[NOTE: MGC has decided what was done right and wrong in prior transactions for which it has no knowledge, and what now needs to be done in its own best interest to steal and harvest the home. The transfers to and from WAMU as described above would be fraud due to WAMU being defunct. Then there is the request to have RFC cancel out the endorsements and replace with allonges. The third request in the sequence states that an allonge is already in the file from RFC to LNV Corp even though there are no assignments, yet, to support that allonge. That allonge created by MGC is fraudulent, and represents yet another broken sequence in the chain of title.]
Four days after this last email on October 27, 2008, the following two attached assignments are recorded simultaneously in Clackamas County, Oregon (Recorded Assignments – October 31 2008 – Fauley). The first assignment (and I call it the “first” because of its fraudulently back-dated) is executed on “March 10, 2008″ and notarized as such by “Diane Meistad” – Notary Public – State of Minnesota.” The assignor is “Residential Funding Company, LLC fka Residential Funding Corporation” with no Assignee named. NO ASSIGNEE! However, the second assignment is executed on October 27, 2008 with the Assignor named as “Deutsche Bank Trust Company Americas (formerly known as Bankers Trust Company) and the Assignee – “Residential Funding Company, LLC.” This assignment is also notarized by “Diane Meistad.” As admitted by Meistad above, RFC was not in title position to transfer the asset as of October 27, 2008. Yet, she acquiesced to MGC’s fraudulent conspiracy to forge, fabricate, and alter documents.
So, Diane Meistad, Michael Barnett, and all the rest of you who where involved in this deceit, this one’s on you. You are the only ones who can put a stop to this injustice. Robynne Fauley, who is elderly and very sick, has suffered immensely from your actions. In six-days she is scheduled to be evicted from her home. Fix this!
Bill Paatalo
Private Investigator – OR PSID$ 49411
BP Investigative Agency, LLC
(406) 328-4075
bill.bpia@gmail.com

Defunct (Bankrupt) Mortgage Lenders Network USA Keeps Showing up on Assignments

Dan Edstrom, senior forensic analyst, points out that what happened in Chase-WAMU and IndyMac-OneWest, is replicated in hundreds of other “chains.” It is peculiar to say the least that regulatory authorities call foreclosures “faulty” when the foreclosing party was relying upon an entity that did not exist executing documents long after the entity went into bankruptcy. We have often seen documents executed on behalf of an entity that never existed. That’s not faulty. It is criminal if it was done with full knowledge of what was happening. And how could they not have known that the nonexistent entity on whose behalf the foreclosing party directed the drafting of fraudulent documents to prepare a random bank or servicer to foreclose?

Your article today was right on point for other cases.  Mortgage Lenders Network USA, Inc. (“MLN”) went into a chapter 11 liquidation in February 2007, the plan was confirmed in February 2009 and the plan became effective in June 2009. At that point MLN ceased to exist and all assets and claims were transferred to the liquidating trust.
 *
A declaration filed in that bankruptcy states that all loans owned and/or serviced by MLN were sold in the ordinary course (and some not in the ordinary course) prior to the liquidation and that at the time of liquidation MLN did not own or service any mortgages whatsoever.
 *
And yet in July 2009 [one month after confirmed plan was effective] a 2nd assignment was executed and recorded from MLN to US Bank, NA as Trustee (without specifying a trust).  This conflicts with the first assignment executed and recorded in February 2009 where MLN assigned it to some bogus entity.
 *
And then during the homeowner’s previous bankruptcy, in October 2013 [4 years after the MLN BKR was completed] MLN again assigned the loan to a new and different party. They ceased to exist in 2009 so how could the 3rd assignment possibly be anything other then an attempt to perfect a pre-petition lien in violation of 11 USC 362(a)?
 *
All they have to do to prove us wrong is produce an actual financial transaction between a valid grantor and grantee where the transaction happened after May 15, 2012  (BKR filing date) and the date of the 3rd assignment.  Then we lose.

Chase-WAMU Letter Reveals”Expungement” and “Assignments” of Alleged Mortgages ” Not on the Books and Records of WAMU”

There is an old saying on Wall Street that “Bulls make money, Bears make money but Pigs never do.” The obvious circumstances of Chase claiming ownership to nonexistent loan portfolios contained within WAMU coupled with the admission in this letter to the FDIC, shows just how arrogant Chase felt when they informed the FDIC that they wanted to get paid by the FDIC for expunging documents and fabricating other instruments for “loans” that were not on the books and records of WAMU at the time of their purchase and sale agreement wherein Chase acquired the WAMU estate.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-
see Letter from Chase to FDIC: chase-letter-to-fdic-2014
*
Hat tip to Bill Paatalo who reminded me of this letter that surfaced in the dispute over FDIC indemnification of Chase for the takeover of WAMU operations. Chase expressly admits to defects in the chain of title and erroneous mortgage documentation.
*
It has been central to the defense of foreclosures based upon alleged “loans” originated by Washington Mutual (WAMU) that Chase never acquired any loans. It is obvious from the the transaction where Chase agreed to pay around $2 Billion to the estate but received more than that in a tax refund due to the WAMU estate. So the consideration was zero.
*
Yet Chase has persistently asserted claims of ownership and direct or indirect authority to foreclose on loans that were not in the books and records of WAMU at the time of the FDIC sale to Chase.
Along with several others, I have stated the fact that Chase (1) acquired no loans (2) because they were not in the WAMU portfolio and that (3) a check of the WAMU books and records in the bankruptcy court will not show the loans that Chase says it acquired from WAMU. If WAMU didn’t own them then Chase could not have acquired them from WAMU.
*
In order to perpetuate this farce we have alleged that Chase was directly involved in the fabrication and forgery of documents to create the illusion of loans that didn’t exist on WAMU books and records and schedules in the receivership and schedules in bankruptcy.
*
Even a non-lawyer can see the problem for Chase. The letter in the link below clearly shows the lawyers asserting a claim for expenses in expunging records (i.e., destroying them) and fabricating other records which obviously leads to the issue of forging since the document itself was knowingly fabricated at the expense of Chase.
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Somehow Chase came to the conclusion that having paid for the destruction of documents and having paid for fabricating documents, they were now entitled to call themselves owner of the “Loan portfolio” which according to the schedules never existed.
*
They admit to fabricating documents to create the illusion of a chain of title. Now they want payment from the FDIC to cover the expense of fabrication and forgery. Perhaps more importantly they admit “errors in mortgage documentation occurring prior to September 25,2008.”
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Email from Bill Paatalo:
Neil,
Have you seen this letter? The collusion between JPMC and the FDIC could not be any more transparent.
Excerpts from letter in italics:

The additional matters giving rise to JPMC’s indemnity rights relate to costs incurred in connection with mortgages held by WMB prior to September 25,2008. These costs have resulted from aspects of-and circumstances related to- WMB mortgages that were not reflected on the books and records of WMB as of September 25, 2008, and include:

[HERE IS A DIRECT ADMISSION THAT THERE IS A SCHEDULE OF LOANS “NOT REFLECTED ON THE BOOKS AND RECORDS OF WMB.” IF NO SCHEDULE EXISTS SHOWING WHAT WAS “ON THE BOOKS AND RECORDS,” THEN WE SHOULD NOW INQUIRE AS TO THE SCHEDULE SHOWING THOSE LOANS NOT REFLECTED ON THE BOOKS AND RECORDS.]

(a) Costs incurred by JPMC associated with individual assignments of WMB mortgages. Where JPMC has initiated foreclosures on properties associated with mortgages that were held by WMB prior to its Receivership, JPMC has performed individual assignments of the associated mortgages/deeds of trust and allonges to comply with a recent appellate-level court decision in Michigan so as avoid potential additional expense and/or liability. In so doing, JPMC has incurred additional recording and legal fees, Limited Power of Attorney costs, as well as quantifiable costs associated with increased staffing to address these issues.

[THIS IS A DIRECT ADMISSION THAT ASSIGNMENTS AND ALLONGES ARE BEING EXECUTED BY JPMC (AS BENEFICIARIES AND MORTGAGEES) FOR WMB LOANS THAT WERE “NOT REFLECTED ON THE BOOKS AND RECORDS OF WMB.”]

(c) Costs incurred by JPMC to expunge records associated with WMB mortgages as a result of errors in mortgage documentation occurring prior to September 25,2008, including erroneously recorded satisfactions of mortgages and associated legal fees and disbursements.

[“EXPUNGING RECORDS ASSOCIATED WITH WMB MORTGAGES AS A RESULT OF ERRORS IN MORTGAGE DOCUMENTATION?” THIS IS A DIRECT ADMISSION THE JPMC HAS DESTROYED RECORDS RELATED TO WMB MORTGAGE FILES.]

(d) Costs incurred by JPMC to correct various defects in the chains of title for WMB mortgages occurring prior to September 25, 2008, including recording and legal services fees.

[WHAT “CHAINS OF TITLE?” JPMC TAKES THE POSITION THAT THESE LOANS WERE NEVER SOLD BY WMB. THIS IS A DIRECT ADMISSION THAT JPMC IS ATTEMPTING TO CORRECT DEFECTS IN THE CHAINS OF TITLE FOR WMB LOANS THAT WERE NOT REFLECTED ON THE BOOKS AND RECORDS OF WMB. THESE “CORRECTIONS” UNIVERSALLY INVOLVE ASSIGNMENTS OF BENEFICIAL INTERESTS FROM THE FDIC, AND/OR BY VIRTUE OF THE PAA.]

At the time of WMB’ s closure, the above liabilities were not reflected on its books and records.

Bill Paatalo
Oregon Private Investigator – PSID#49411

BP Investigative Agency, LLC
P.O. Box 838
Absarokee, MT 59001
Office: (406) 328-4075

MERS/GMAC Note and Mortgage Discharged

If only all courts would entertain the possibility that everything presented to them should be the subject of intense scrutiny, 90%+ of all foreclosures would have been eliminated. Imagine what the country would look like today if the mortgages and fraudulent foreclosures failed.

The Banks say that if the mortgages failed they all would go bust and that there is nothing to backstop the financial system. The rest of us say that illegal mortgage lending and foreclosures was too high a price to pay for a dubious theory of national security.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-

I received the email quoted below from David Belanger who, like many others has proven beyond any reasonable doubt that persistence pays off. (BOLD IS EMPHASIS SUPPLIED BY EDITOR)

Besides the obvious the big takeaway for me was what I have been advocating since 2007 — if any company in in the alleged chain of “creditors” has gone out of business, there probably is a bankruptcy involved or an FDIC receivership. Those records are available for inspection. And what those records will show is that the the bankrupt or insolvent entity did not own the debt that arose when you signed documents for the benefit of parties other than the source of funding. It will also show that the bankrupt or insolvent entity did not own the note or mortgage either.

This is instructional for virtually all parties “involved” in a foreclosure but particularly clear in the cases of OneWest, whose entire business plan depended upon fraudulent foreclosures, and Chase Bank who bet heavily on getting away with it and they have, so far. BUT looking at the bankruptcy and receivership filings of IndyMac and WAMU respectively the nature of the fraud was obvious and born out of pure arrogance and apparently a correct perception of invincibility.

All such bankruptcy proceedings and receivership require schedules of assets right down to the last nickle in bankruptcy. Belanger simply looked at the schedule, knowing he never took the loan, and found without surprise that the bankrupt entity never claimed ownership of the debt, note or mortgage.

The big message here though is not just for those who are being pursued in collection for loans they never asked for nor received. The message here is to look at those schedules to see if your debt, note or mortgage is listed. Lying on those forms is a federal felony punishable by jail. Those forms are the closest you are ever going to get to the truth. Odds are your loan is nowhere to be found — even if you did get a loan.

And the second takeaway is the nonexistence of the “trust.” In most cases it never existed. Your “REMIC Trust” was almost certainly formed under the laws of the State of New York or Delaware that permit common law trusts (i.e., trusts that don’t need to be registered with the state in order to exist). BUT uniform trust laws adopted in virtually all states require for the trust to be considered a “person” it needs to have these elements — (1) trustor (2) trustee (3) trust instrument (PSA) and (4) a “thing” (res in Latin) that is committed to the trust by someone who owns the thing. It is the last element that is wholly absent from nearly all REMIC “Trusts.”

And now, David Belanger’s email:

JUST WANTED TO TELL YOU ALL SOMETHING,  THAT I JUST GOT DONE , FROM MERSCORP!  ON OUR PROPERTY THERE WAS A 2d MORTGAGE ON IT, IT WAS A LINE OF CREDIT THAT WE DID NOT DO, AND WE DID REPORT IT TO THE RIGHT AUTHORITY’S, BACK IN 2006/2007. NOW THE COMPANY WAS GMAC MORTGAGE CORP.

OVER THE YRS, FROM 2006 TILL NOW, IT REMAINED ON PROPERTY, UNTIL JUST LAST WEEK, WHEN I DEMANDED THAT MERS DISCHARGE IT.  AND AFTER THEY FOUND OUT IT WAS NEVER ASSIGNED OUT OF MERS, THEY HAD TO DISCHARGE IT. BECAUSE GMAC MORTGAGE IS DEAD.  NOW THIS GO TO WHAT WE ALL HAVE SAID HERE.

ANY ASSIGNMENT THAT HAS NOT BEEN DONE, OR RECORDED AT REGISTRY OF DEEDS, OUT OF MERS, AND THE MORTGAGE COMPANY IS A DEAD MORTGAGE COMPANY. THEN MERS WILL DISCHARGE IT . I HAVE A COPY OF THE DISCHARGE IN HAND.

AM STILL FIGHTING, BECAUSE OF THIS NEWS,  I HAVE ASK MY ATTORNEY TO NO AVAIL TO DO A QWR ON THE COMPANY THAT RECORDED AN ASSIGNMENT IN 2012, EVEN THOUGH GMAC MORTGAGE CORP WAS IN BK AND AFTER GOING THROUGH ALL BK RECORDS OF EACH ENTITY, THAT HAD TO FILE ALL ASSET OF THERE COMPANY, AND FOUND THAT NO ONE IN GMAC HAD THE MORTGAGE AND NOTE, 3 MONTHS PRIOR TO THE ASSIGNMENT BEING PUT ON MY RECORD.
https://www.kccllc.net/rescap/document/1212020120703000000000033

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW …
http://www.kccllc.net
Southern District of New York, New York In re: GMAC Mortgage, LLC UNITED STATES BANKRUPTCY COURT Case No. 12-12032 (MG) B6 Summary (Official Form 6 – Summary) (12/07)

THIS IS AGAIN THE REASON, THIS FRAUD TRUST  DOES NOT EXIST, AND I DO HAVE ALL SECRETARY OF STATES, INCLUDING ALL STATING THAT  THIS FRAUD TRUST IN FACT HAS NEVER
BEEN REGISTERED IN ANY STATE. LET ALONG THE STATE OF DELAWARE, THE STATE THEY SAY IT IS REGISTERED IN.  THE SECRETARY OF STATE SAID NO. AND HAS NEVER BEEN A LEGAL OPERATING TRUST, EVER. SIGNED AND NOTARIZED BY THE SECRETARY. THE FRAUD TRUST NAME IS AS FOLLOWS.
GMACM MORTGAGE LOAN TRUST 2006-J1,

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