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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 You can start by going to http://www.secinfo.com and register for free. Much of my research was instinct. You have to click on link after link after link. If you’re with Wells currently, just do a search with the word “Wells” and go from there. You better hurry though…someone is in there changing things around and thank goodness I used about 10 reams of paper to print it all out. Look for something that says Alternative format. They’re also getting sneaky by using graphics instead of searchable documents. Fortunately, I have so much fraud in my original documentation, I don’t think anyone could get their hands on our property no matter what document the other side showed up with, but it’s good to be able to prove to a judge that your loan was sold off. I was able to actually find the Trust that my loan originally went into…so I’ve got a lot of Wells Fargo Loan numbers…

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Ann
May I email you my loan numbers with Wells Fargo?
Stanley P
262 672 2543
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If you’re being sued by any entity acting as a trustee, i.e. “US BANK as trustee for the HP Series 2006-c Certificate Holders”, you need to be aware of a variety of issues that may be helpful in your case.  I will start another series of video blog posts on the “Capacity Argument”, because this argument works in nearly every case, but it is particularly appropriate in cases where Plaintiff is an exotic, alphabet soup Foreclosure Frankenstein.

Individual mortgages originated by lenders like New Century and Argent were pooled into groups of approximately 8,000 mortgages from around the country to form a Mortgage Trust which held mortgages which had (on paper at least) cumulative values of between 10-12 million dollars.  These mortgages that were grouped together and given a name like “HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2″. Interests in these mortgage trusts were then sold to teachers unions, investment funds and other institutional sources around the world.  Before selling the interests in these trusts, the institutional investors were required to prepare the contract that would govern the rights between the depositor of the mortgages, trustee of the new trust and the company that would be responsible for collecting payments from homeowners and sending those payments out to those who had invested in the trust.  This contract is called the Pooling and Servicing Agreement.  The important thing about the Pooling and Servicing Agreement is you will find in virtually every case that all of the parties who are involved violate nearly every provision of their own Pooling and Servicing Agreement.  This has important consequences that we will talk more about later, but the Securities and Exchange Commission rules requires these trusts to provide important other reporting information that was widely ignored or worse, falsified by the entities in control of these trusts.  Finding such information can be a key to defending your case.

The Securities and Exchange Commission Edgar Database can be found here. You can also put the name of your Frakenstein, Alphabet Soup Trust into quotes, “The IXIX 2006-A Trust” into a straight google search and see what comes up. Here are Step-By-Step instructions:

Finding Pooling And Servicing Agreements  (PSA’s)
For Securitized Mortgage Loans

The “Pooling and Servicing Agreement” is the legal document that contains the responsibilities and rights of the servicer, the trustee, and others over a pool of mortgage
loans.  The Pooling and Servicing Agreement can be a stand-alone document or it can be part of another paper, usually called the “Prospectus.”  If the securitization is public,
these documents must be filed with the Securities and Exchange Commission (SEC), and will be available to the public at http://www.sec.gov.  Locating a Pooling and Servicing
Agreement on the SEC website can be a challenge. The most important information you will need to find the Pooling and Servicing Agreement is the name of the original lender and the title of the pool of loans.  We will work through an example below.  Assume that the lender is Ameriquest Mortgage Co. We don’t know the name of the pool that the homeowner’s mortgage ended up in, but we
do know that the mortgage was made on June 1, 2002.
Step One:
Go to http://www.sec.gov and click on “Search for Company Filings” under “Filing & Forms (EDGAR).”    Under “General-Purpose Searches,” click on “Companies & other filers.”
Then, in the “Enter your search information” box, type in “Ameriquest” next to “Company name” and click on the “Find Companies” button.

Step Two:
The page you are now looking at shows a long list of the names of securitized pools of loans.   We know the mortgage was made on June 1, 2002.  Look for the entry titled
“AMERIQUEST MORT SEC INC ASS BK PAS THR CERTS SER 2002 2.”  The document number is CIK 0001175125.  Click on that number.  We selected this entry
because it said 2002 on it and the loan in question was made in 2002.  There may be several other pools of mortgage loans that Ameriquest securitized in 2002 but this is the
first one we come to on this list (when reviewed in late February 2007) so we will pull it up.

Step Three:
Now you see a list of documents filed with the SEC that are related to this pool of loans. Scroll down to the bottom and you will see a document titled “Prospectus.”  This is the
document that will likely be the one you want, assuming that the mortgage loan you are concerned about is in this pool.  We can only make an educated guess, unless you knowthe name of the securitized pool in advance (which is unlikely). Click on either “htm or text” next to this document and the Prospectus will appear.  Now,
bookmark this document on your web browser, so you can come back to it easily in the future.

Step Four

Is this likely to be the document you want?  Scroll down to page S-2 and you will see a
Table of Contents.  Included in that is the “Pooling and Servicing Agreement” which
starts on page S-76.  Also, scroll down one more page, past the Table of Contents, and
you will see a “Summary of Prospectus Supplement.”  Certain important information is
listed there, including the cut-off and closing dates for loans that will be included in this
pool.  The closing date is June 7, 2002.  Based on this information, you can assume that
this document governs the responsibilities of the servicer of the mortgage loan in
question, unless that servicer tells you otherwise and can back it up with a reference to a
different agreement or pool.   Other important information listed in this Summary includes

the title of the pool, and the
identity of the servicer and trustee.  The servicing rights may have been sold since this
document was filed and the current servicer may be a different company but the trustee
(the legal holder of the mortgage) should be accurate.

Step Five:
Go the Pooling and Servicing Agreement to find what you need to know.  It should
describe how the servicer is paid and by how much, who keeps late and other fees, what
authority it has to modify the loan or engage in workouts with homeowners, and its
obligations to pass mortgage payments on to the trustee.

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