We can now say that in about 50% of bank debts, regardless of whether it is credit card, student loan, mortgage, auto loan or whatever, we are able to locate the true holder in advance of their acknowledgment or even while they are making a false fraudulent claim, it is owned by someone else. The holder is determined in these cases only if the debt has been sold into an Asset Backed Securities Trust Pool. From the Securities and Exchange Commission, Release nos. 33-6518; 34-50905; File No. S7-21-04, RIN 3235-AF74 ASSET BACKED SECURITIES; Final Rule; request for comment, (relevant portions herein attached ABS) we find on pages 10 and 11 under the heading "Overview A. What is Asset-Backed Securities?"
In a basic securitization structure, an entity, …known as a sponsor, originates or otherwise acquires a pool of financial assets…. It then sells the financial assets…..to a specifically created investment vehicle that issues securities "backed" or supported by those financial assets….." "The ABS market…. has rapidly become an important part of the U.S. capital markets. One source estimate 2003 new issuance close to $800 billion."
The footnote to this (30) states, "The four primary asset classes currently securitized are residential mortgages, automobile receivables, credit card receivables and student loans, which represent approximately 52%, 19%, 16% and 9% of 2003 new issuance, respectively." These ABS Pools are required to make certain SEC filings that are all filed on the Internet if they are large enough. Hence with certain information about the loan in hand, the holder of your debt may be located on the Internet if it is in one of these pools.
They will try to hide that this has been done behind tell tale language in legal documents such as " name of bank" styled as "as trustee" without telling you what they are Trustee for. Meaning the named bank is only acting as trustee for the true holder which is one of these pools. In some states they have to legally identify it by full name. You will see such things as Bank of New York, As Trustee for Certificate holders CWABS, Inc. Asset-Backed Certificates, Series 2006-IM1 Bank DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-R11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2004, WITHOUT RECOURSE First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates Series 2005-FF9 MANUFACTURERS AND TRADERS TRUST CO, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998=4
With this entity identified, the SEC filings will tell you everything down to their phone number and tax ID number.
Most importantly, where they were legally created.
This is important because in
almost every instance we are finding the actual holder of the debt is not
legally created under the law as illustrated by an excerpt from a filing in one
of these cases below:
Affiant affirms after diligent search of the documents referenced herein The Deed of Appointment of Substitute Trustee [ attached, exhibit A] identifies INDYMAC BANK, F.S.B AS TRUSTEE FOR LEHMAN XS TRUST SERIES 2006-11, (or name more fully stated, LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11 as legal holder of the loan instruments that are the subject of this contract and dispute in whose behalf they are acting as Trustee. The Prospectus of this entity obtained from the Securities and Exchange Commission, (exhibit B, herein attached), identifies the legal holder and issuer of these loan instruments on pages S-2, S-80, S-110, and 37 as being LEHMAN XS TRUST SERIES 2006-11, ( or name more fully stated " LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11" ) a common law trust formed under the Laws of the State of New York". And as being the entity to whom the debt instruments held by this certificate series were ultimately sold.
Affiant affirms after diligent search, information reported to the Securities and Exchange Commission by these entities and their creators, (exhibit C, herein attached) also identifies LEHMAN XS TRUST, SERIES 2006-11, (or name more fully stated " LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11”). as being chartered and existing under the laws of Delaware as the state of incorporation. Plaintiff has received official documentation from the Secretary of State of Delaware and its banking commission and the Secretary of State of New York and its banking commission, herein attached exhibit D, showing that no corporation, trust, or other legal entity by either of those or any similar name exists or has been chartered, incorporated or otherwise legally created in the state of Delaware or the state of New York. for whom INDYMAC BANK, F.S.B AS TRUSTEE FOR LEHMAN XS TRUST SERIES 2006-11 may be acting as Trustee.
Again, Affiant affirms, after diligent search and inquiry with both the Secretary of state of Delaware and of New York, that no such entity of this name is found as incorporated or to have been legally created in any other way in either state.
On these grounds Plaintiff moves for immediate injunction against the Defendant for the sale of the subject property. INDYMAC BANK F.S.B. as trustee cannot act for a phantom party in interest that does not legally exist to be an in personum holder of these debt instruments. Pursuant to Virginia law, any legally recognized "person" can be a holder in due course of such debt instruments in Virginia. VA Code 8.1A-201 (21) "Holder" means: (A) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or (B) the person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession.
A "person” is defined there as: VA Code 8.1A-201 (27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. Yet pursuant to law, only entities existing as real or legally created persons under the law are entitled to be a holder in due course of these debt instruments in the state of Virginia. And the sale of these debt instruments to such an entity that does not exist possessing legal person hood under the laws of some state or the federal government is invalid in the state of Virginia.
Further, such fact indicates criminally fraudulent documents violating federal law have been filed with the SEC and fraudulent information has been foisted on the investing public in its prospectus that potential investors are led to rely on in their decisions. And we can notify the appropriate authorities of this discrepancy and the consequences could be far more serious than anything you can do to them. This becomes additional leverage to back them down. This could be the case you would be able to make in defense against foreclosure. It would behoove any with a bank debt of any kind to see if they can locate the real owner of their contract.