Saturday, September 10, 2011

NEIL GARFIELD "THE REAL MONEY TRAIL."


THE REAL MONEY TRAIL

Posted on September 10, 2011 by Neil Garfield

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EDITOR’S NOTE: THIS SUBMISSION FROM NJ CONSUMER IS A LITTLE DIFFICULT TO BREEZE THROUGH, BUT IT CONTAINS GOOD RESEARCH AND GOOD QUESTIONS.
At least one point emerging from all this information is that the basic concepts of default, performing loans and non-performing loans have been perverted by the securitization hoax. If Wall Street’s intention had been something other than deception, all of this would be clear as a bell. But what they were looking for was a way to take money from investors and not give it back, take houses from homeowners and not account for it, and take taxpayer money for losses than never occurred.
I have already written about the fact that the bonds given to the investors (actually non-existent, because they were “uncertificated”) contained vastly different parties and terms than the note signed by homeowners.There are several reasons this is important.
The investor/lenders are the only real source of funds and the only people who actually were at risk to lose money if they were not repaid. Somehow Wall Street managed to insert itself as a mere intermediary and actually claim the houses, the debts and force fees on both investors and homeowners that were improper, undisclosed, illegal and unconscionable.
For purposes the bailout, they took the investor loss and claimed it as their own, taking taxpayer money in the trillions to bailout their ailing enterprises. Most investors received nothing out of that money. And for sure, no borrower ever received a credit for money received on their obligation even though the government waived rights of subsrogation against the homeowner. So the debt was paid by the government and the borrower still owed it, making the obligation worth far more because it was being repaid several times over.
For all other purposes Wall Street took the loans receivables as their own without ever having advanced any money to the borrowers or to the investors for purchase of the obligation. In order to keep the investors placated they made sure the investors continued to get paid regardless of what was really happening with most of the money. They did this first, by using the investors own money to send them payments as though they were from borrowers. That is a fact and it is right in the prospectus of most “securitized” pools (which contain nothing of value).
They did the same thing with insurance, credit default swaps, cross-collateralization payments, over-collateralization payments, etc., and sold the same borrower obligation several times over (as much as 40 times over) by changing the apparent terms of the loan to look like another loan, or by covering the “sale” with language that made it look like a hedge product, like a credit default swap, synthetic CDO, or insurance. In each case, the money was received, sometimes courtesy of the U.S. Government, under an express waiver of subrogation, which means that the payor agreed that this payment ends the matter.
The loss was covered by an actual payment of money but neither the investor/lender nor the homeowner/borrower was ever given the information to allocate it to their bond or note or obligation. But so far, the Banks have succeeded in covering this up. So far, neither the investors nor the borrowers have fully realized that they are entitled to an accounting for ALL money transactions relating to the investors bond and the homeowners loan.
The reason is simple. As for the investor, they don’t want to pay the money to the investor and they don’t want the investor knowing how much money was made using the investor’s partnership (REMIC) in name only. As for the borrower, they don’t want the borrower getting credit for what the investor did or should have received as a result of the payments that were due under the bond. This would defeat the ability of the Wall Street to treat loans as being in default when in fact they were either paid in full or paid ahead.
Thus far, the banks have succeeded in directing the attention of the courts, the lawyers and the pro se litigants to the very narrow accounting provided by servicers as to the payments made by ONLY the borrower. When the time comes that the government payments, the insurance payments, the servicer payments, the counterparty payments, and the proceeds of other credit enhancements are taken into account, the picture will change. It will be obvious that virtually none of the amounts demanded in foreclosures, none of the amounts shown in the end of month statements on loans, and none of the distribution reports to investors were true, correct or even well-intentioned.  
by Consumer in NJ
Maybe you don’t understand the point of the cut/pasting of the original 11 bank credit facility who started this mess connecting Lawyers Title Corporation, LandAmerica, Commonwealth, TD Financial Services, etc.
In good faith, I’ll continue sharing good information. I’m a researcher not a blogger. I’m a consumer harmed finding loopholes that harmed the economy transaction by transaction. What are you doing in good faith? Anyone who is a consumer not a blogger who understand and wants to be the ghost writer fine meanwhile I’m not seeing in the bulic domain the information I’m sharing that is important to how the economy harmed by money laundering a crime against the nation collective acts intentional collaboration, collusion methodical movement of cash right out of the nation c/o Mortgage Servicers affilaites of national banks. Thank you Office of the Comptroller of the Currency Hawke, Duggan, and who is the new guy? .
You need an attorney who knows the law. How are you going to know if you have a good attorney? How will you ask educated questions if the attorney has fiduciary interests of others ?
RED FLAG, attorney who promises you a loan modification connected to REO Lender’s reo broker, lender, dealer agaent affilaite beneficiary of the subservicer, robo-mill default lenders ?
RED FLAG attorney who says you don’t have to pay anything upfront.
Foreclosure was scary until Foreclosuregate. What is scary now is what Congress and the President, has not done about the OCC and CFPA c/o Federal Reserve.
What you don’t understand will hurt you.
We all proved that we are stupid people who signed stupid contracts. The Court will say a prudent buyer beware.
Obligor (Seller of loan) on your behalf signed mortgage backed note separating at time of ‘purchase’ of financial product the note from the debt. The Servicer c/o Purchaser sold back servicing rights takes possession of pledged asset cash of promissory note borrower co-signed.
The Tempory Lender recorded as the only document ‘Mortgage/Deed of Trust’ proves we did not understand that the ‘TRUST’ Cash paid by Purchaser separated the Note and DEED at time of purchase of ‘mortgage’ a financial product placed into public domain.
Alert all you whippersnappers signing the same documents today, ask for access to all of the related governing agreements between Seller and Purchaser, Obligor, Beneficiary, etc.which were intentionally witheld by the Obligor from all who come before you. Make an educated decision that its ok your property deed and note are separated..
The Obligor has the OBLIGATION to pay all principal and interest payments on a debt. We are the debtor c/o Obligor who allowed affilaites as third parties to Sell Loans purchased by …
Because you did not seek a copy of the Obligor’s contract and Agreements Sale & Serive Agrement, Loan Purchase Agreement, etc., and now don’t care to review agreements available on the public domain SECINFO . Com, and FFIEC . GOV Federal Reserve System reveals how the money moves to/from Parent Chase Manhattan Corporation 1998, 1998 with entity – data processing servicer is the Federal Reserve System Classification – Mortgage Electronic Registration Systems, Inc. (MERS). and all MERS Members then by default c/o FREDDIE MAC shareowner are ‘affiliates’ of national banks Mortgage Servicers (Norwest Mortgage, inc, Americas Servicing Co, Premier Asset Services, Wells Fargo Home MOrtgage, Chase Home Lending, GMAC Mortgage Corp of IA, ….
You don’t understand what I’m taling about. Sorry. Call be happy to help you understand what you don’t know that is harming you, your famaily, friends, neighbors, your municipality, your state and nation.
Keep complaining that you don’t understand. I won’t give up.
I don’t wany anyone to roll over and lose their home through ignorance for if you do you are part of the problem and allowing the perpetrators to continue harm the economy one mortgage at a time. ITts bad enough both Houses of Congress, The OCC, The Federal Reserve, 12 Federal Home Mortgage Loan Corporations, FHA, HUD, and they pulled over federal taxes from you for the Consumer Financial Protection Agency who all protect government interest of only GINNEMAE guaranteed loans and self interests of all private wealth institutional bankers and institutional investors. Do you think the FEDERAL RESERVE is the ‘Central Bank’? Nope sorry its not. Do you thing the FHMA lawsutis protect non-conforming loans NOPE does not.
In default, you do not lay down like a dog because your scared.
You don’t have to listen to some REO broker quick move into an apartment
Does the party standing before the court Plaintiff have the right as note holder in due course to take the property. That is all a foreclosure is.due to default (hardship) (loss of job) (sickness) (divorce) all the top 5 stressors in life. My intentions as a consumer harmed to help reveal the loopholes which harmed our economy.
The Agreements governing your mortgage did not start and stop the day you signed the mortgage promissory note.
By the way the Temporay Lender aka Seller of the Loan already authorized the loan and ordered the cash from a purchaser before you signed the promissory note. WHich means legally the loans was already signed and you are a what co-signor?
The harm to the economy methodical c/o money laundering. Corportions are perpetual entities, whose assets include, contracts, agreements, registration statements, T-1 Indenture, Trusts, etc., assets as receivables think of it like if you die and had money a house a busienss a car, another house, another buisness. How would the estate be assigned a value? The business a value? That may help you understand the one loan combined with all loans 2003-2008 which harmed the economy by laundering cash right under the noses of each federal regulatory agency c/o OCC.
2. Seller is sole owner of Loan
Seller has authority to Sell, transfer and assign the same …(see manual not attached)
Seller attests there has been no Assignment, sale or hypothecation thereof by Seller
except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.
Hypothecation new word: (for me)
What Does Hypothecation Mean?
When a person pledges a mortgage as collateral for a loan, it refers to the right that a banker has to liquidate goods if you fail to service a loan.
The term also applies to securities in a margin account used as collateral for money loaned from a brokerage.
You are said to “hypothecate” the mortgage when you pledge it as collateral for a loan
New Word: Rehypothecation:
When a broker pledges hypothecated client owned securities in a margin account to secure a bank loan. Rehypothecation also known as a margin loan. Related terms (Banking, Brokers, Pledged Asset, Hypothecation.
Pledged Asset
What Does Pledged Asset Mean?
An asset that is transferred to a lender for the purpose of securing debt.
The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs.
A pledged asset is returned to the borrower when all conditions of the debt have be satisfied.
Home buyers can sometimes pledge assets, such as securities, to lending institutions in order to reduce the necessary down payment. Thus, these securities would not have to be sold in order to meet the down-payment requirements, allowing for any capital appreciation while maintaining the associate mortgage benefits.
Related terms Capital appreciation; Collateral; Default; Hypothecation, Loan, Mortgage, Rehypothecation …
Bonds, Fixed Income, Personal Finance
WHAT ABOUT ‘Sub-Sovereign Obligation – SSO”
What Does Sub-Sovereign Obligation – SSO Mean?
A form of debt obligation issued by hierarchical tiers below the ultimate governing body of a nation, country, or territory. This form of debt comes from bond issues and is issued by states, provinces, cities or towns in order to fund municipal and local projects.
Also referred to as a “municipal (muni) debt obligation”.
This form of debt obligation is commonly created by municipalities in order to meet funding requirements. Issuing bodies are responsible for their own debt issues, which can carry significant risk depending on the financial health of the municipality.
WHAT ABOUT ALL THOSE ‘NIMS’ IN REMIS? Hmmm. Relate back to the ‘cash’ taken out of ‘TRUST’ custody of a pension fund or municipality, c/o Non-Deposit Trust Company Non-Member ‘cash’ purchaser ordered by ‘seller’ originator deposits ‘cash’ c/o depositor individual bank closing agent, …for a new Loan.
If existing loan is placed in default and not really paid off (during a refinance) there are a lot of ifs, but the loan can be placed in forced default over 90-120 days and repurchased depending upon ‘agreements. What does your agreement say? Read a simple one from 9/24/1998 re Countrywide Purchaser and E-Loans Seller (Originator). Google Purchase.
A debt collector robo-firm c/o subservicer instructed by Servicer c/o Investors/Owner of ‘mortgage note’ Pleged Asset
Trying to take your property. How? What in writing gives them the right to attach the debt to the Pledged Asset?
Master Servicer ‘agreeded’ in REMIC SERVICER who purchased servicign rights was in control after 90 days.
A 90 day default common for REMICS, there are other defaults that can occur between buisness entities seller and purchaser.
If mortgage affixed a MIN# that affiliate of a national bank’s Mortgage Servicer did not register transactions at RETAIL with County Clerk/Recorder because the ASSIGNMENT/Mortgage Promissory Note borrower signed with Temporay Lender is the Assignment, statutory taxes paid by borrower for credit line increase in a documented called a mortgage promissory note like an amendment to the exisint mortgage if a refiance – a loan modiifcation.
MERS MEMBERS by default are automaticfally affiliates of a National Bank’s Mortgage Servicer. Keep in mind the OCC since 2003 has protected all MERS MEMBERS c/o Federal Reserve private wealth managers who assigned visitorial powers c/o Supremacy Clause trump State Attorney Generals trying to enfoce laws can’t secure evidence related to any transactions ‘cash’ attached to ‘Mortgage Servicers affilaites of national banks. Chase Bank NA all MERS MEMBERS affiliates of natioanl banks Chase, Wells Fargo BanK NA, GMAC Bank c/o NASCOR dba Wells FArgo Asset Securities Corp. That is one joint venture governing loan originated c/o affiliates of these banks may do business in the names of these banks and the depositor ‘Wells Fargo Asset Securities Corp’….
Every rolling 12 month period, the ‘debt’ serviced, the servicer posts asset ‘receivables’ for 12 months…
Select Servicers maintain huge portfolios of many loans.
The servicer may have made an agreement to pay the P&I pending sale of REO property c/o subservicer for example GMAC Mortgage Corporation who will advance funding as a Tempoary Lender c/o REO Lender of Premier Asset Services affilaite – who is that? an affiliate of a Mortgage Servicer of a national bank, Welsl Fargo Bank NA. Hmmm.
You need to understand what was once illegible to me the agreements and decphier the relationship to secure evidence and to figure out if documents you have are accuate business statements you can pursue through the courts seeking disclosure of the agreements that govern the transactions.
if you want ‘evidence’ there is NO one answer fits all.
You each have a ‘Loan’ 0123456789 that went through an ‘origination’
During that origiantion, a purchaser and seller’ depending upon the governing agreement, exchanged cash. The written agreements provide the ‘agency’ authority. Look for your evidence. Look for loopholes. Find ‘evidence’ or you’ll lose.
Go back — go back — go back and find the original agreements.
1998 is a good place to start, when the integrated networks in place for Origiantions already existed and operating, over the CLOUD, portals connecting bank closing agents, title and settlement agents, MERS Members, TD Servicers, First America, Fideltiy, DocX, LPS, LSI, eLynx, etc., and all of the robo-firms in agreement with all the sub-servicers, servicers, ….
Example: Lawyers Title Services bank closing agents, title agenies, virtual notary services c/o title and settlemetn agencies, etc.
Select a simple one where you don’t have any paradigmns and read and you’ll understand better. Your preconceived ideas divert and hide the truth.
MERS exists c/o Chase Manhttan Corp as Parent of Mortgage Electronic Systems, Inc. Yes you read correct. What does that mean? The ‘joint venture’ between FREDDIE MAC, Chase, WFC, GMAC (private). The dollars ‘income’ flowed to Chase c/o Mortgage Electronic Registration Systems, Inc.
All MERS MEMBERS by default ‘affiliates’ of national banks, federal associations, federal savings banks…..by 3/13/2000 when Financial Holding Companies now parent money flows through Federal Reserve System in light of day between ‘Real Estate Industry’, ‘Insurance Industry’ and ‘Banking Industry’.
Google Purchase Loan Agreement
Select
Example:
Loan Purchase Agreement
Countrywide Home Loans Inc.
E-Loans Inc.
9/24/1998
‘LOAN PURCHASE AGREEMENT’
9/25/1998
COUNTRYWIDE HOME LOANS, INC, A NY CORPORATION AS ‘PURCHASER’ OF LOANS FROM E-LOANS ‘Seller’ Originator
E-LOAN, INC. A CALIFORNIA CORPORATION ‘SELLER’ OF LOANS
COUNTRYWIDE AGREES TO PURCHASE LOANS SECURED BY REAL PROPERTY WITH SERVICING OF THE LOANS FROM ‘SELLER’ E-LOANS
COUNTRYWIDE CORRESPONDENT LENDING DIVISION LOAN PURCHASE PROGRAM
PARTIES AGREE:Seller & Purchaser
“Related terms’ Collateral, Loan, Mortgage, Pledged Asset, Rehypothecation …
1. ELIGIBLE LOANS SELLER MUST BE APPROVED QUALIFIED AND/OR LICENSED TO ORIGINATE SUCH LOANS – so we can assume E-Loans has affiliates who are qualifed in all 50 states.
-Loans sold include
Conforming Conventional (GINNE MAE), Jumbo…not guaranteed by Ginne Mae,, Second Mortgage Loan Program (what is that resale of purcahsed loans after 120 days?), etc. Each defined with a unique set of rules.
GinneMae the only government guaranteed loans regulations govern conforming loanos conforming loans, and all non-conforming loans are considered Alt-A Loans (1) missing GSE requirement (no income verification). How do you know if your loan was conforming or not? Ask? Secure discover and find LPS ‘Non-Conforming’ printed on reports.
Whether conforming or non-conforming all of the loans from Sellter will be purchased by purchaser Countrywide in accordance with this Loan Purchase Agreement, and manual not attached herewith, that you get only if you are an affiliate, member, subscriber, vendors, servicer, whatever.
Have you read your agreements that govern the loan you signed as borrower? It was signed before you signed by the Seller who issued the insurance c/o Temporay Lender, the commitment to issue cash or accept cash, insurance for the event of a default. A default in some agreements may be the interest and late payment fee’ after 90 days if not paid places the loan in forced default. You know how they sent back checks for partial payments the servicer refused to take anything but the total amount owned? Why not take some? Because once 90 days in default, the loanos may be resold and repurchased.
Do you know what the Seller is responsible for? Look at a real agreement and look up the vernacular you don’t understand don’t apply what you think the work ‘lender’ and ‘temporary lender’ mean. And Pretender Lender is not a financial term. Temporary lender is a financial business entity role of some business entity who makes money in 3 different ways. Does not mean all Temporay Lenders do all that.
Countrywide Purchaser of Loans and E-Loans the Seller agree
1. Seller shall fully underwrite each Loan (prior to submission to Countrywide)
9/24/1998 Loan Purchase Agreement refers to ‘must use’ if avaialble’ a Countrywide-approved automated-underwriting system for underwriting the loan.
2. Commitment to Purchase Loaons
Seller may commit to sell a Loan to purchaser Countrywide (refer to manual we don’t have)
Countrywide will confirm conditions of sale of Loan to Countrywide, deliver confirmation Commitment to Seller, set for terms of transaction, Countrise ‘purchaser’ will pay for each Loan (refer to manual affects Purchase Price).
Terms of Commitment
Including Purchase Price Effective Period
Seller is approved by Countrywide to sell Loanos to Country wide on a bulk sale basis …
Countrywide and ‘Seller’ E-Loans shall execute Addendum to ‘Loan Purchase Agreement (BULK SALES) which will be attached and incorporated into this Agreement by reference (not attached).
Countrywide has right (BUT NOT OBLIGATION) to underwrite any Loan submitted for purchase
Seller’s repurchase obligations under Section 9 hereof… 270 days later…
Seller delivers to Countrwide appraisal of real estate security for each Loan
Appraisal signed by a qualified appraiser (see manual not attached) prior to Countrywides approval to purchase loan.
4. Delivery of Loan Documents
When is a loan deemed ‘delivered’ to Countrywide
A) if it is received by Countrywide within the Commitment Period
B) if Loan in compliance with Delivery of Closed Loans and Funding Documentation (see manual not attached)
C) Loan has no outstanding conditions that prevent Countrywide from FUNDING purchase. Example: failure to deliver within 120 days of Loan purchased (forward sold) any of the required documentation Countrywide Assessment fee of $50 per month after initial 120 day grace period. $50 if 1 or more documents.
Failure to deliver to Countrywide one or more of the original documents specified in Delivery of Closed Loans (see manual not attached) within 270 days from date the Loan was purchased by Countrywide shall obligate SELLER to repurchase Loan pursurant to Section 7 of this Agreement.
5. Payment of Purchase Price and Seller’s Wire Instructions
Countrywide Purchaser shall after receipt of loan documentation package TILA – HUD etc., deliver the Purchase Price (less any fees or discounts due to Countrwide)
Commitment to Seller
Seller’s wire instructions ‘Order Cash for Loanj0123456789;’ or in accordance with any bailee letter or trust receipt submittted with the Loan 01234567890 (all as determined in the ‘sole’ and ‘abosolute’ discretion of Countrywide.
6. Sellers Obligations, Representations & Warranties
Seller prepresents and warrrants each Loan offered for sale (purchase by Countrywide)
1 Loan documents duly executed by trustor/mortgagor
Loan documents acknowledged and recorded;
each Loan is valid
Each Loan complies with all cirterial (see manual not attached)
Note and Deed of Trust/Mortgage constitute4 entire Agreement between trustor/mortgagor and the beneficiary/mortgagee
There is no verbal understanding or written modification which would affect terms of note or deed of trust/mortgage
except by written instrument delivered
and expressly made known to the beneficiary/mortgagee and recorded if recording is necessary to protect interests of beneficiary/mortgagee.
2. Seller is sole owner of Loan
Seller has authority to Sell, transfer and assign the same …(see manual not attached)
Seller attests there has been no Assignment, sale or hypothecation thereof by Seller
except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.
Hypothecation new word: (for me)
What Does Hypothecation Mean?
When a person pledges a mortgage as collateral for a loan, it refers to the right that a banker has to liquidate goods if you fail to service a loan.
The term also applies to securities in a margin account used as collateral for money loaned from a brokerage.
You are said to “hypothecate” the mortgage when you pledge it as collateral for a loan
New Word: Rehypothecation:
When a broker pledges hypothecated client owned securities in a margin account to secure a bank loan. Rehypothecation also known as a margin loan. Related terms (Banking, Brokers, Pledged Asset, Hypothecation.
Pledged Asset
What Does Pledged Asset Mean?
An asset that is transferred to a lender for the purpose of securing debt.
The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs.
A pledged asset is returned to the borrower when all conditions of the debt have be satisfied.
Home buyers can sometimes pledge assets, such as securities, to lending institutions in order to reduce the necessary down payment. Thus, these securities would not have to be sold in order to meet the down-payment requirements, allowing for any capital appreciation while maintaining the associate mortgage benefits.
Related terms Capital appreciation; Collateral; Default; Hypothecation, Loan, Mortgage, Rehypothecation …
Bonds, Fixed Income, Personal Finance
There are 2 defaults going on at the same time with Countrywide
Simple explanation provided by Investopedia
What Does Default Mean?
1. The failure to promptly pay interest or principal when due. Default occurs when a debtor is unable to meet the legal obligation of debt repayment. Borrowers may default when they are unable to make the required payment or are unwilling to honor the debt.
2. The failure to perform on a futures contract as required by an exchange. Investopedia explains Default
1. Defaulting on a debt obligation can place a company or individual in financial trouble. The lender will see a default as a sign that the borrower is not likely to make future payments. For example, if Company XYZ is unable to make a coupon payment on its bonds, the bondholders would place XYZ in bankruptcy. This would give the company an opportunity to claim XYZ’s assets as a form of repayment for the debt.
2. Defaulting on a futures contract occurs when one party does not fulfill the obligations set forth by the agreement. The default usually involves not settling the contract by the required date. A person in the short position will default if he or she fails to deliver the goods at the end of the contract. The long position defaults when payment is not provided by the settlement date.

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3 Responses

  1. disableddad, on September 10, 2011 at 5:44 am said:
    Even with my limited knowledge, I think there in lies some of the answers I am looking for. Or at least a beginning. I just hope I have enough time to find my way.
    Thanks
  2. mary, on September 10, 2011 at 5:27 am said:
    If the loan (note & mortgage) did not describe the actual transaction at closing (origination) due to straw men ( broker/originator, as lender and mers, as nominee/beneficiary) listed, isn’t that fraud-null & void…
  3. Gary H, on September 10, 2011 at 4:39 am said:
    Sorry, this is beyond challenging without explaination…..is this a Nancy moment?
    EXPLAIN IN REAL WORDS…..Very few “Get this Mumbo-Jumbo”!
    EXPLAIN




































































































































































































































































































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