Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Stupendous Man
I have discovered that the Trust claiming ownership and holdership of instruments in my case is not registered in the state of Delaware. Various forms filed by them with the SEC state clearly they are a Delaware Corporation.

Is there a requirement that it be registered with the Delaware SOS Division of Corporations? If yes where is this requirement printed?

Deutsche Bank National Trust Company is acting as Trustee for this alleged Trust, and is Plaintiff in the foreclosure case against me. But it is only logical that if the Trust is not registered then Deutsche may as well be acting as Trustee for Donald Duck (and we know Donald Duck is a purely fictional character - he doesn't really exist)

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The question about whether the trust is registered or licensed in Delaware is irrelevant to the case unless the mortgage is in Delaware. It's just the state the trust was incorporated in and it has no bearing on licensing requirements. Delaware has been known for years as playing fast and loose with incorporation in order to collect the processing fees and  many shady operators seek to incorporate there especially those using a corporation as a shield for liability.

It would be of great concern however whether they have any valid claim of title or right to even initiate any action. Are they a real party of interest, where is the original note, was the original note valid etc.

Deutschebank has been extensively involved in laundering the money from these illegal and high risk mortgages. Roland Arnall and Rabbi Heir of Ameriquest used the credibility and obvious smokescreen of the Simon Wiesenthal Holocaust museum to set up the former Nazi bank as a massive money laundering operation for the looting of the U.S.

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Stupendous Man
As it is claiming, in numerous SEC filings, to be incorporated in the State of Delaware then whether or not it is registered in the State of Delaware is more than relevant. If it is not then there is not only a lack of standing to initiate suit, it does not exist and cannot possess, own or hold anything.

I've found the following relating to Domestic Statutory Trusts:

§ 3810. Certificate of trust; amendment; restatement; cancellation.

(a)(1) Every statutory trust shall file a certificate of trust in the office of the Secretary of State. The certificate of trust shall set forth:

a. The name of the statutory trust;

b. The name and the business address of at least 1 of the trustees meeting the requirements of § 3807 of this title;

c. The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate; and

d. Any other information the trustees determine to include therein.



This can be found at: http://delcode.delaware.gov/title12/c038/sc01/index.shtml#3810


I've also found the following relating to Foreign Statutory Trusts:

§ 3851. Law governing.

Subject to the Constitution of the State:

(1) The laws of the state, territory, possession or other jurisdiction or country under which a foreign statutory trust is organized govern its organization and internal affairs and the liability of its beneficial owners and trustees; and

(2) A foreign statutory trust may not be denied registration by reason of any difference between those laws and the laws of the State.

71 Del. Laws, c. 335, § 11; 73 Del. Laws, c. 329, § 1.;

(a) Before doing business in the State, a foreign statutory trust shall register with the Secretary of State. In order to register, a foreign statutory trust shall submit to the Secretary of State:

(1) A copy executed by a trustee or other authorized person of an application for registration as a foreign statutory trust, setting forth:

a. The name of the foreign statutory trust and, if different, the name under which it proposes to register and do business in the State;

b. The state, territory, possession or other jurisdiction or country where formed, the date of its formation and a statement from a trustee or other authorized person that, as of the date of filing, the foreign statutory trust validly exists as a statutory trust under the laws of the jurisdiction of its formation;

c. The nature of the business or purposes to be conducted or promoted in the State;

d. The address of the registered office and the name and address of the registered agent for service of process required to be maintained by § 3854(b) of this title;

e. A statement that the Secretary of State is appointed the agent of the trust for service of process under the circumstances set forth in § 3860(b) of this title; and

f. The date on which the foreign statutory trust first did, or intends to do, business in the State.

(2) A fee as set forth in § 3862 of this title shall be paid.


This can be found at: http://delcode.delaware.gov/title12/c038/sc02/index.shtml


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STUPENDOUS MAN
Defender of Liberty
Foe of Tryanny
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greg collins
Perhaps I misunderstood the question. Here is the point I was trying to make a business may be listed as a Delaware corporation and yet not do any business, have a physical operation in, or even be licensed to do business in Delaware, in other words I could run a business in Wisconsin and have it listed and incorporated in Delaware, if I decided to extend that business to Delaware then I would have to meet licensing and other requirements in Delaware and pursue those as a separate issue.

It seems as if you are saying there are no articles of incorporation filled in Delaware and a fictitious corporation for the sake of SEC filling requirements, if that's the case then certainly this trust has no standing. In that case SEC fraud and probably several other types of fraud are an issue as well.
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Stupendous Man
It is closer to the second paragraph in your second post.

I am thinking they have no standing, and no way to own or hold any instruments at all.

I'd welcome more thoughts of yours in re securities fraud, et. al.

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     Many times, finding out the state of origin of a Trust is difficult. They are
not listed like corporations.
     The real question you should ask is whether or not the Trust is registered
to do business in the state where it is trying to foreclose. For example, in Florida, under Fl. Stat. 609.02 a Trust must file a "Declaration of Trust" before doing business in the State.
      Probably other states have similar laws. Look under state statutes governing "Business organizations" since a Trust is a business organization
similar to a corporation. If it is not registered in the State, it has no authority
to maintain a lawsuit in the State courts.
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Deutsche Bank National Trust Company is registered in California... they bought out Bankers Trust some years ago... let me see if I can find a quote from deutsche's own doc... ok, here it is: "KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company, a national banking association organized and existing under the laws of the United States, formerly known as Bankers Trust Company of California, N.A., and having its principal place of business at 1761 East St. Andrew Place, Santa Ana, California, 92705, as Trustee (the "Trustee") pursuant to the Pooling and Servicing Agreements....." This quotation was taken from a Power of Attorney that DBNTC issued to an entity in Foresythe County, GA. Guess how I got it????? A law firm in NY somehow retrieved a copy of this doc that was filed in court in GA and used it in my foreclosue case in NY saying that DBNTC gave this power of attorney to their phony fact witness, allowing her to testify on behalf of DBNTC in my case.  I ripped into this fraud in my brief... oh yes I did!!! Still waiting on judge's decision on my case since December 3, 2009.

Also, very important, most if not all Pooling and Servicing Agreements require that at least 25% of the beneficiaries of the trust must give the trust permission to proceed with a foreclosure.  So you need to demand that DBNTC produce this authorization or they cannot NOT allow them to move forward... they have NO standing!!!
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Stupendous Man
I understand there are various laws in differing jurisdictions regarding registration of foreign corporations and trusts. But in my case the trust asserts, in documents filed with the SEC, and available on the sec.gov website, that it is incorporated in the state of Delaware. In this instance that information was pretty easy to find.

This is consistently expressed in the Form 8K, Form 10K, the PSA... I've yet to check the Prospectus, or the PPM but I suspect it will be there as well.

Menawhile, I have an authentic and certified statement from Harriet Smith Windsor, THE Delaware SOS, stating no corporation or trust is registered under the name of the Trust/Plaintiff name.

It just keeps reasoning in my mind that if this is true then they don't legally exist at all.


STUPENDOUS MAN
Defender of Liberty
Foe of Tryanny

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