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SECURITIZED DISTRUSTPosted on March 15, 2012 by Deadly Clear by Gary Victor Dubin, Esq. Honolulu, Hawaii

Gary Victor Dubin is a dynamite Honolulu foreclosure defense attorney with over 40 wins by the DUBIN LAW FIRM in Hawaii foreclosure courts for his clients just in the last year. This is a stunning success given the current judicial climate in Hawaii, not to mention the complexity of securitization, the hidden frauds and of course, card games and golfing with banksters doesnt help either. Dubins essay Securitized Distrust is a culmination of insight with over 20+ years of first hand litigation and this leads right into our latest discovery of WaMu multiple trust loan assignments. Shuffling or fraud or both? Its no wonder that the Wall Street MBS scheme collapsed. Last night we ran a random audit on WaMu Mortgage Pass-Through Certificates, Mortgage Loan Trusts. One loan was found in 6 different trusts, another loan was found in FIVE trusts original SEC loan level data, 39 were listed in 3 trusts, and 503 were listed in two separate trusts. The winner so far is a NEW YORK condo, loan number WaMu loan # 714934858, appeared in 6 DIFFERENT trusts from May through November 2006 Check your winning WaMu lottery loan numbers folks and find a good foreclosure defense attorney that understands securitization you may have a free house or a severely clouded title. And if you are an investor you may have hit pay dirt. (More WaMu at the bottom) SECURITIZED DISTRUST By Gary Victor Dubin

Securitized trusts that is, the bundling and selling of shares therein to investors via a business merger between lenders and wall street (mortgage backed securities or MBS) is relatively new, not even understood by many lawyers today and very few if fully any Hawaii judges, and certainly not by me until only a few years ago, and I am still learning day by day. In recent years, my law firm has handled dozens of securitized trust foreclosure defense cases and one defense of an SEC civil prosecution against broker-sellers of such MBS shares. The fraud throughout the secondary mortgage market has been pervasive: 1. Promissory notes intended for securitized trusts based on my experience were either intentionally never deposited into the securitized trust in the first place on purpose with full knowledge by everyone involved or were deposited in the trusts only as copies. 2. Based on the testimony of whistleblowers and forthright bank executives, lenders intentionally destroyed most of their original notes and instead before doing so digitized

them, supposedly for convenience which of course destroyed their status as negotiable instruments, leaving only copies somewhere, and often not with the Trustee. 3. At first, it appeared that that was just sloppiness, but subsequently in our cases we have discovered that it appears to have been common practice intentionally not to deposit the notes (or the mortgages) in the securitized trusts, but to withhold them and unlawfully use them on the side as collateral to support loans or credit from Federal Home Loan Bank Boards, a practice that apparently mushroomed as lenders found themselves in financial trouble and in need of capital. 4. Documented evidence has recently just been brought to my attention that many notes and mortgages were even put simultaneously into two or three or perhaps even more separate securitized trusts, unknown of course to individual investors who thought that they had sole security for their investments, unknown to insurance companies like AIG that insured the MBS

based on certified loan underwriting guidelines that they were unaware were being ignored and intentionally compromised by false appraisals and false loan applications. 5. All of this recently surfacing has of course started to generate a massive amount of litigation between lenders and investors and mortgagors and insurers and title companies, in which inevitably the question of fraudulent notes and fraudulent mortgages as well as fraudulent mortgage assignments has occasionally arisen. Just this week I had an incredible hearing before Judge Ayabe in one such case involving a claimed lost mortgage assignment and the submission in court of a false note to get around the absence of the mortgage assignment.

6. All of this of course is pregnant with fraud and criminality, particularly against MBS investors. Securitized trusts also have special IRS preferential status, called REMIC, able to pass through income to investors and avoid taxation so long as the deposit of the note and mortgage occur at the time of the formation of the securitized trust. Having violated REMIC requirements which could cost securitized trusts each millions, the securitized trusts have been a ticking IRS time bomb. 7. As a result, as all of this began to surface a year or so ago, as a corollary to the so-called too big to fail hobgoblin, the Obama Administration and regulatory agencies began to seek frankly to cover things up, recently convincing the AGs to settle with the big five banks which are either securitized trust loan servicers or Trustees themselves and to grant them immunity, especially I understand from IRS violations. 8. The effect on borrowers has been dramatic. As foreclosures increased, the securitized trusts have had a huge problem, how to foreclose in court (or nonjudicial proceedings) without the notes or even the mortgages so they began to falsify promissory notes when needed (we have even found evidence that some lenders have been photo-shopping notes), to create phony allonges and phony bearer notes, and to submit in court no less fraudulently notarized and fraudulently signed mortgage assignments to the securitized trusts a practice now having become famously known as robo-signing. 9. At first, the foreclosing mortgagees got away with it as judges and attorneys were virtually unanimously unaware of what was going on, until a few relentless attorneys and investigators on

the Mainland exposed the fraud one recently getting I understand $18,000,000 from the recent

AG settlement for her False Claims Act whistle-blowing! 10. For some time my law firm has been arguing such issues in defense of borrowers particularly as standing issues but with little success, until recently, as more and more Hawaii judges are finally beginning to understand. 11. Very rarely in our cases is the issue one of lost notes or lost mortgages, but usually phony note endorsements or phony allonges or phony mortgage assignments or all three. 12. Mortgages of course in Hawaii are all recorded at the State Bureau of Conveyances, but as a result mainly due to the use by securitized trusts of the private Mortgage Electronic Registration System (MERS), mortgage assignments have not been contemporaneously recorded which has allowed the illicit trafficking in mortgage interests which has generated still additional legal issues, such as whether the ownership of the promissory note can be separated from the ownership of the related mortgage, an issue now before several state high courts on the Mainland. The above flood of new legal issues is just starting to hit Hawaii appellate courts, as my law firm has several related cases presently working their way through our appellate system, as the largest financial scandal in American history plays out. Unlike the recent AG settlement, I prefer the approach that enforces traditional real property and UCC negotiable instruments laws, like the New York and New Jersey courts are now doing, and let the chips fall where they may directly on top of the heads of those who violated the law by refusing to reward fraud.

Gary Victor Dubin 3/14/12 Dubin Law Offices Harbor Court, Suite 3100 55 Merchant Street Honolulu, Hawaii 96813 gdubin@dubinlaw.net (808) 537-2300 (office) (808) 523-7733 (facsimile) ________________________________________________________________________ By DeadlyClear MORE WaMu

We reviewed 66,475 loans in the 2006 and 2007 original SEC loan tapes filed with the SEC for 28 different trusts. In addition we did a quick review of WMALT trusts (6 trusts = 8885 loans so far out of 21 trusts) and found 46-Doubles and 2-Triples and thats just starting on this batch. What a mess! And dont act like its news to you, Mr. Dimon. Were still analyzing the 503 dual trust loans weve found (same mortgage loan in 2 different trusts). Over 500 loans in at least 2 trusts is enough reason to hire an attorney to investigate and/or take to your state AG. Here are some of the biggies for now. The 6X, 5X and 3X Trust sitters. If you own a WaMu mortgage loan or investment certificates, better check your paperwork not that any of these loans

actually made it into the trusts maybe their applications did but the jury is still out on actual signed promissory notes and mortgages. More updates to follow stay tuned. Let us know if any of these belong to you. This entry was posted in Uncategorized and tagged "Gary Victor Dubin", Foreclosure, Fraud, Hawaii, Honolulu, mortgage, SECURITIZED DISTRUST, WaMu, WaMu 2006-AR11, WaMu 2006-AR13, WaMu 2006-AR5, WaMu 2006-AR7, WaMu 2007-OA3, WaMu 2007-OA5 by Deadly Clear. Bookmark the permalink.

1.

Glenn Augenstein on March 15, 2012 at 9:46 am said: Outstanding!! Simply outstanding!! Reply

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Ian on March 15, 2012 at 4:12 pm said: Great work! Are you doing any research on the Encore Credit Receivables Trust 2005-1? Real fishy. Filed 15D within 9 months of closing date. No record in IRS 938 lists. Stock trades at 8cents a share. Shares bought monthly by hedge funds, I would guess to show that it is still alive? Frequently associated with Encore Credit Corp CA, defunct in 08. Keep up the good work! Reply

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johnn O on March 15, 2012 at 7:53 pm said: What about the of balance sheets books from the origional lender. That is bigger fraud than all the rest above. Reply

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susan on March 16, 2012 at 1:55 am said:

Hello. Please explain the numbers in the columns. Is the first number the loan number or MIN. Is the second number the CUSIP or the mortgage pass-through trust certificate number. Im unable to find my loan number in the trust the Trustee claims it is only samples of what the loan will look like in the prospectus. Thank you. Reply

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Deadly Clear on March 16, 2012 at 3:43 am said: Loan numbers and trusts are identified. Reply

susan on March 16, 2012 at 4:15 am said: Thank you. If I may ask how did you find the actual loan number in a trust.

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Henry Bushkin on March 16, 2012 at 3:20 am said: I am a New York lawyer and Im curious how you found the schedules to check. You state We reviewed 66,475 loans in the 2006 and 2007 original SEC loan tapes filed with the SEC for 28 different trusts. In addition we did a quick review of WMALT trusts (6 trusts = 8885 loans so far out of 21 trusts) and found 46-Doubles and 2-Triples and thats just starting on this batch You say you reviewed loan tapes. How were you able to do that Reply

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susan on March 16, 2012 at 5:59 am said: Hello again! My loans trust is with cwmbs,inc. chl mortgage pass through trust chl 2005-25 and there is no filing of the FWP (free writing prospectuses Rule 163/433) with a list on loan numbers in the SEC filings.

Wondered if you have another way of finding loan numbers in Trusts. Thanks. Reply 9. Pingback: OOOOOOh MORE SECURITIZED DISTRUST HERE | Challenge Your Lender 10. Pingback: Time Bomb: Thousands of Mortgage Loans Duplicated (Counterfeited) and Sold to Multiple Investment Trusts

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dee mari on March 17, 2012 at 11:44 pm said: Whats with the F30 loans without numbers? http://www.secinfo.com/d16VAy.u5x.htm#1stPage Reply

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Deadly Clear on March 18, 2012 at 12:45 am said: Look in the sec.gov sight under SEARCH and type in WMALT click (contains)and find the trust. Loan tape with loan numbers will be under 1-2 FWP spots. Reply

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susan on March 18, 2012 at 2:21 am said: Found the Trust in SEC but there were no loan numbers. Would you tell us another way of finding the loan numbers if there is no FWP in the Trusts documents. That information would help hundreds of people trying to stop this fraud. Thank you for your hard work and publishing what you have found. Reply

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john on March 18, 2012 at 11:57 am said:

There will not be. The banks did not want to get caught defrauding the RMBS investors.They do have to identify the loans by census data with OCC. and Fed Reserve.also IRS cuspid filings. Also get Trustee report(annual)to investors. Take some work to dig through it all,but its worth.it,promise Its a giant shell game and all the banks are in it up to their necks. Reply

Deadly Clear on March 18, 2012 at 12:12 pm said: Im already to the point that the investors fund managers and their agents need to be thoroughly investigated. Many are still holding the same jobs or better. There appears to have been very little due diligence, if any. Promises were apparently made because mortgage loans have never been liquid and in theses cases were actually high risks. It appears the certificates were purchased sight unseen on inflated appraisal values with the sales kicker of dont worry they are insured and will default and each time youll get a pay-off to keep your liquidity These pension and retirement funds were trusted to individuals who worked for Governors, union bosses and corporate CEOs that called the final shots. They all need the spotlight to be focused on them with a major investigation of who, what, why, where and when being asked. Ill bet we find zero due diligence and the money landed in the accounts before the borrowers signed the notes And in that case, I go back to were these negotiable instruments or actually notes assigned to a trust and that made them securities? And in that case, game over.

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Mando montes on March 18, 2012 at 1:44 pm said: Do you also represent in Ca? Reply

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John Wright on March 19, 2012 at 8:36 am said: I believe that the multiple trusts and multiple beneficiary problem happening at the time of the fraudclosure is the most under reported story going on right now. That is why I am so happy that the other blogs are starting to talk about this multiple trust and multiple beneficiary issue, as I have been talking about it on Piggybankblog.com for some time now. The law stipulates: An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument. U.C.C. provision, U.C.C. 3-305(c) This is why every homeowner should get a title and securitization search done: http://piggybankblog.com/2012/01/26/title-and-securitization-search-here/ My name is John Wright AND I AM FIGHTING BACK! John Wright Piggybankblog.com Reply

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jkbrode on March 20, 2012 at 3:12 am said: Any chance that an affidavit of multiple loan securitization could be prepared by the party investigating. It would appear that in each and every securitization that has multiple loans included that the parties would have an unclean hands defense for the trustee breach of duty among others. The SEC and AGs should be notified under 18 USC 3 and 4 misprision of felony and made an accessory after the fact if they do not immediately take action. It is further that they cannot ignore such activity or it is a breach of the public trust. I have an entire database that I created in excel that has a large portion of the loans listed in the trustee reports. It breaks down the original loan number, investor number, address, amounts etc. I think it have maybe 350-500K loans included and can be searched through the edit function for the loans. I would be willing to share the info with those doing the investigation if it helps. Thanks Reply

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jb914 on July 18, 2012 at 4:31 am said: I am investigating and would appreciate the data and any suggestions or help on how to get more trust data. Reply

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Dennis Reed on December 9, 2012 at 6:58 am said: Hello, I am a homeowner and I am trying to find out how many times my loan was transferred in the securitization exchange. I was never notified of any transfer of title or assignment. The information you have is very compelling. Please advise me how to gain access to the information. I wish to thank you in advance for your help and kind assistance. Reply

Shelley Erickson on January 17, 2013 at 7:09 am said: Email me at Shelleystotalbodyworks@comcast.net and I will email theLawrence Nardi deposition and some good material for your cases. It is not easy to find the deposition on line. I have it on pdf and dont know how to send it other than email I am old school on computers.

Shelley Erickson on January 17, 2013 at 7:37 am said: I hope you are aware of the whistle blowing going on right now over the fraud found in the mortgages during the Independent Foreclosure review, that was suppressed. These whistleblowers may crack this fraud. A lot of drama going on right now.

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d. scott on April 2, 2012 at 10:03 am said: Hi I have a Wamu fa loan that was made with another bank and assigned 7 days later to Wamu fa on 3-17-2006, yes, the non existent bank since 4-4-2005. PN is stamped in blank with Cynthia Rileys name being part of the stamp, w/o recourse. I cannot find the loan in any trust. Assignment of mortgage is all robot signers with Margaret Dalton being VP of jpmc for the FDIC. The PN was allegedly in Lasalle banks custodial care up until litigation started. I need evidence of the securitization of the loan. Freddie Macs site states they own the note. Any help? Thank you Reply

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David Fee on June 9, 2012 at 12:27 pm said: I have Cynthia A. Riley stamp , bloomberg report showing my loan is in up to 13 trust , if I can share info let me know , I also have letter from Chase saying my loan was paid in full 3-10-2010 Reply

Ben on August 7, 2012 at 4:23 am said: Hello, How can I find out if my loan was paid, and get a letter from bank saying the loan was paid. Ben

David Fee on August 14, 2012 at 6:47 pm said: Send a certified return receipt letter requesting certified notarized copy of org. Note , deed of trust and accounting from loan org. Date to current . See what they send perhaps hey have 20 days to furnish.

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Daniel H on September 29, 2012 at 2:44 am said: David, I also have Cynthia A. Riley signing as Vice President on my Promissory Note Pay to the order of BLANK without recourse Washington Mutual Bank,

FA, followed by her signature and name in print. If yo can you email me a copy of your letter from chase stating your loan was paid in full it would be of great help. Thanks Daniel Hlvfightforeclosure@gmail.com Reply 28. Pingback: Why Banks Treat Mortgage Borrowers So Badly | Is Mortgage Modification a Scam? 29. Pingback: Lets Make A Deal Wells Fargo Come On Down | Deadly Clear 30. Pingback: The Securitization Curtain is Lifting in Hawaii! | Deadly Clear The Black Robed Mafia 31. Pingback: The Securitization Curtain is Lifting in Hawaii! | Deadly Clear | J & J Ranch Stone Mountain GA 32. Pingback: The Securitization Curtain is Lifting in Hawaii! | Deadly Clear Nootkabear's Good News Blog

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Beverly Amaral on May 20, 2012 at 8:42 am said: Good Job Gary! This is awesome! Reply

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41.

mary on August 15, 2012 at 2:39 am said: What can you tell me about GSAMP2007he2 Reply

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Mike Dillon on December 1, 2012 at 4:19 am said:

Mary, see comments left for Patricie below. http://sec.gov/cgi-bin/browse-edgar?CIK=0001394459&action=getcompany Reply

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Patricie Brown on September 26, 2012 at 3:48 pm said: Does anyone have any info on mortgage loan asset backed trust series 2006 AR1 or the MLMI Trust Series 2006 AR1? I appreciate your help in advance. Reply

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Shelley Erickson on November 30, 2012 at 11:29 am said: This Lawrence Nardi deposition is of an employee in the litigation department for Chase that states out of thousands of documents he put together for litigation for Chase on WAMU loans he has never seen an original real note nor allonge or assignment from WAMU to Chase or the FDIC or anyone. They simply do not exhist. Lots of good info throughout the depo, however the best is on pg 260-261.http://www.stellionata.com/inthe-news/38-headlines/7662-120509-jpmc-v-waisome-lawrence-nardi-deposition Reply

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Mike Dillon on December 1, 2012 at 4:15 am said: @Patricie Brown: The SEC filings for the MLMI Trust Series 2006 AR1 can be found here. http://sec.gov/cgi-bin/browse-edgar?company=&match=&CIK=&filenum=333-13054503&State=&Country=&SIC=&owner=exclude&Find=Find+Companies&action=getcom pany Start with the 424b5 (Prospectus) and the Pooling & Servicing Agreement and the MORTGAGE LOAN AND SALE ASSIGNMENT AGREEMENT in the 8-K. Reply

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Patricie Brown on December 1, 2012 at 1:00 pm said: Thanks Mike~ I found this awhile ago and noticed that my the note presented in the foreclosure is not as listed in the PSA. I ordered the PSA and Prospectus certified. Do you know of any other information? U were very helpful; thanks so much~ Kind Regards Reply

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philp on January 16, 2013 at 8:37 pm said: can any one tell me if they have a washington mutual bank fa loan starting with 301807 ,,, or 301798,,, in 2007 and if they have found in s e c ,,,,,, in the file fwp stands for free writing prospectus thank you Reply

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Shelley Erickson on January 17, 2013 at 7:04 am said: dont have any of that info for you. however email me and I have good info and depositions WAMU loans were never tranfered from WAMU .. I have a hard to find copy of Lawrence Nardi whom work for Chase in the litigation department of Chase and he say the transfers of assignments nor notes of any kind do not exsit He was in the position to put informtiontogether for Chase to litigate and out of thousands of docs there was not one valid proof of a note or assignment of anykind proving WAMU transferred the notes to Chase. Shelleystotalbodyworks@comcast,net. Reply

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Mike Dillon on January 17, 2013 at 7:33 am said: As posted above, for those looking, the Nardi Deposition of which Ms. Erickson speaks can be found here: http://stellionata.com/in-the-news/38-headlines/7662120509-jpmc-v-waisome-lawrence-nardi-deposition Reply

Shelley Erickson on January 17, 2013 at 7:48 am said: Look up Deutsche Bank Natl Trust V FDIC,Chase,WAMU and read the cases and replies. Deutsche claims Chase and the FDIC and WAMU never transgferred the nots on time therefore they are fautlty and according to PSA law they are VOID and Charged off. Chase comes back in a reply stating Chase is not responsible for the transfer of the notes due to Chase only assumed servicing rights and does not own the loans. Since this came out I have a copy of an assignment from A DECEASED WOMAN THAT CAME BACK FROM THE GRAVE i ASSUME THAT SIGNED SHE WITNESSES AS A VICE PRES OF CHASE A TRANSFER FROM CHASE TO FDIC FOR A WAMU LOAN that is the property of a friend of mine. That I can only send by email. I was able to send the Lawerence Nardi without email. I thought it was only on a pdf. I was wrong wthen I looked it up. My frined property is in Pierce County WA and the assignment is dated June 8, 2012 and the signer Pearl Burch passed away in 2008. The fraud assignment is proof of non compliance with the settlement with the banks.

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Mike Dillon on January 17, 2013 at 8:33 am said: @Philip 1/16/13 8:37p Youd need to find the Mortgage Loan Schedule or a Distribution Report that specifically mentions the loan#s. Alternatively, someone with access to a Bloomberg terminal account or ABSNet account could possibly track it for you. But then youd potentially be doing the note holders work for them. As case law is progressing, and we now have several rulings in favor of borrowers challenging PSA terms, it may be a better tactic to simply show that the note in question wasnt properly securitized according to the terms of the Trust, Internal Revenue Code and, if governed by, New York Trust law. Reply

Shelley Erickson on January 17, 2013 at 8:55 am said: LaMar Gunn in Delaware is doing my tracking, he has a Bloomberg terminal. he charges for it . It is not cheap to have a Bloomberg terminal I understand.La Mar Gunn ;

Deadly Clear on January 17, 2013 at 9:18 am said:

Go to DocTel Portal (www.doctelportal.com) and start with a search first for $225. If the loan cannot be found in Bloomberg then there is very little wasted. Ive seen people bring in bogus audits that claim the loan is in a trust with all this elaborate detail and when we checked out the information it was false. If it can be located youll learn your tranche(s) and be able to see if they are current or when they began to show losses. Youll get screen shots and an excel. From that point you can decide if you want a full audit. In some cases weve found that certain tranches were sold through the Maiden Lane deals. There is a lot to be said for an initial search.

Deadly Clear on January 17, 2013 at 9:41 am said: DocTel Portal (www.doctelportal.com) has found more and more loans located in trusts when the SERVICER says it owns the loan and falsely sues in its name rather than the trust. BofA is a leading culprit in these cases. Why would they bypass the trust? We think it goes back to securitization of a note makes it non-negotiable, in addition to the fact that the certificates represent securities. That would make the transactions amenable to UCC Articles 8 & 9. The interesting part of Art. 8 (which is the gateway to Art. 9) is that 501(d) says the note CANNOT be in blank. It must be endorsed. How many specifically endorsed notes have you seen? Yeah, none, right? This is research not legal advice. Best to take the information you obtain to a reputable foreclosure defense attorney.

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GENERAL NOTICEI am a paralegal. I am not an attorney. I do not play one on TV. Nothing in this blog should be construed as legal advice. If you need legal advice you should consult an attorney. DeadlyClear is a product of Entertainment Marketing in association with Project Maui, Inc., a Hawaii corporation. Copyright 2012. All rights reserved. Theme: Twenty Eleven | Blog at WordPress.com. Follow

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