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Finding Pooling and Servicing Agreements is Key to Killing Your

Foreclosure Case!
May 28th, 2010 · 20 Comments · Foreclosure

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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 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 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 know

the 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.

Some of the best information I get comes from intrepid consumer researchers out there who care enough to dig into these
things. Perhaps the most powerful thing about this and other online forums is the ability for consumers and advocates to
share what they’ve found. In my estimation, what this pro-se Defendant found is enough to blow the lid off his
foreclosure case…..read on:

I was served Lis Pendens last month, (April 2010), naming the plaintiff Deutsche Bank National Trust Company, As
Trustee for HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2006-OPT2

I looked into the records for that entity in the SEC EDGAR online database and discovered that the last annual report
was filed in 2007, contemporaneously with a FORM 15 filing.That Form 15 filing claimed a standing under 15d-6 of
the 1934 SEC regulations which exempts the entity of filing an annual report, whereby the number of claimed investors
had fallen below the SEC registration and reporting threshold of 300 persons. ( To my understanding, the same Form 15
filing is also used when a registered, reporting, entity is dissolved.)

I then began looking at many other securitized trusts in the EDGAR database. Literally dozens and dozens of these
securitized trusts have done exactly the same thing. he trust is established and appropriate SEC documents are filed for a
period of time, usually 1 or 2 years. The trust then files a Form 15 claiming exemption of the obligation to file reports
with the SEC under 15d-6

The paper trail for the Trust with the SEC thereby *ends* Many of these trusts have not filed anything with the SEC for
years. Many as far back as 2005 and 2006

Some of the SEC Form 15d-6 filings disclosed as few as 15 or less investors. Bear in mind, these are for trusts that
purportedly hold well over $1 BILLION in mortgages, and there are dozens and dozens of these trusts with a mere hand
full of investors! I also noted that the “agent of record” of many of these trusts have changed many times, and are very
infrequently “named”, but list only an address and phone number, (usually in New York). In several of the cases I’ve
looked at in the EDGAR database, I actually called some of the phone number listed at 3:00am EST and got the
voicemail of someone at a bank in N.Y. Note that the answering party was NEVER a bank listed as the Trustee, (as
Deutsche Bank is in my case), or the trust “administrator” as listed in the PSA or any subsequent SEC filings.

I actually got the voicemail of some fellow at HSBC Bank who was the “anonymous” contact in my case! My point is
this;

Has anyone actually verified that the securitized trusts claimed to be under the trusteeship of some of these banks
still ACTUALLY EXIST?

We’ve been so focused on the NOTE and the fraudulent paper being slung about for assignment of those notes, and
whether or not the “plaintiff” has standing to bring the foreclosure action, has anyone thought to see if the “plaintiff trust”
is even still active or not? Were many of these trusts actually dissolved after payouts from credit default swaps and
TARP funds and the actual investors now long gone? We have no records to show whether they are alive or dead. Most
of these trusts haven’t filed anything with anyone in years as far as I can tell.

Certainly, as in my case, Deutsche Bank, (as Trustee), still exists, but can these plaintiff securitized trusts be
made to *prove* they still exist?

What happens to a foreclosure case if the plaintiff entity,(the securitized trust, *not* the Trustee for it), no longer
exists or cannot prove it exists?

IT’S TIME FOR ME TO GET BACK TO AN ISSUE THAT I HAVEN’T TALKED ABOUT FOR A WHILE
AND IT IS THIS CAPACITY ISSUE…BECAUSE IT STRIKES AT THE HEART OF THESE CASES.
SIMPLY PUT, A TRUSTEE CANNOT MAINTAIN AN ACTION ON BEHALF OF A TRUST THAT
 DOESN’T EXIST.

STAY TUNED AND GREAT WORK FROM THE PRO SE WHO SHARED THIS INFORMATION.

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Tags: capacity to sue·foreclosure in Pinellas·fradulent foreclosure·killing your foreclosure·matt weidner·mortgage backed

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20 Comments so far !

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Matt Weidner Blog -- Topsy.com // May 28, 2010 at 7:55 AM

[...] This post was mentioned on Twitter by MFI Miami, Matt Weidner. Matt Weidner said: blogged: Finding
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Reply

J in CO // May 28, 2010 at 9:28 AM

The best way to prove this mess all got dissolved is to go to the IRS.gov website and look for the publication #
938 for 2006 through the present.

This is where you will see that the gain on sale reporting etc all stopped as the securitization machine was turned
off temporarily in late 2007.

The trusts were all named and reporting until the end of 07 then 08 is missing??????.
They restart the reporting in 09 but it is down to only Ginnie/Freddie/Fannie/JPM/Citi and random trusts that have
been created.

The government absolutely knows what happened yet seems to help cover this up thinking we are too dumb to
catch it.

2009 reported in 2010

http://www.irs.gov/pub/irs-pdf/p938.pdf

2008? is missing and reverts to the 2009 file?? Don’t believe me. try it.
http://www.irs.gov/pub/irs-prior/p938–2009.pdf

2007 reported in 2008

http://www.irs.gov/pub/irs-prior/p938–2007.pdf

They seriously think we are that stupid. What are they hiding from us? Maybe that the banks have committed
billions upon billions in tax evasion.

Follow what is happening in non-judicial states and you will see the arrogance. They actually show us the blank
note endorsement from the original lender yet no recording of the interest through the depositor to the trust. Lack
of standing?

Then when they are finished stealing the house they sell the loan from the unlawful foreclosing party(trust) that
had no standing to F/C back to the trust through a POA to the servicer and effectively cover their tracks that the
loan was never in the trust, they still stole the investors money, and they still claimed the tax exemptions under
REMIC.

All while the Govt and IRS watch.

Look at the WAMU BK. They were found to have a 10.3 Billion dollar tax claim filed against them that was
reduced to 33M yet Chase got to walk away with a 300 Billion dollar bank 200M in mortgages for 1.9Billion. The
loans were shown to have been written down to $0 yet they still want to collect?

Along with the Pub 938 you can review Pub 550 that explains the tax exemptions etc for the REMIC trusts.

No assignments were done as required, no “true and absolute sales under FASB 140! were ever perfected, No
standing has ever been established for most or all of the securitization trusts.

This is the biggest RICO case on earth.

Oh, and maybe we should review who funded LPS…..JPM/BOA/Wachovia when they split off of FIS in 2008.

Foreclosure “industry”, Tax evasion, illegal BK remote status and fraudulent conveyances, fraud on the court,
unconstitutional theft of all of our homes…..priceless!

Reply

Finding PSA Key to KILLING Your FC Case - Loans, Debt & Credit // May 28, 2010 at 4:53 PM

[...] PSA Key to KILLING Your FC Case Hot off the press today: Finding Pooling and Servicing Agreements is
Key to Killing Your Foreclosure Case | Matt Weidner Blog A step-by-step how-to. [...]

Reply

Finding PSA Key to KILLING Your FC Case | Deed in lieu of foreclosure // May 28, 2010 at 5:49 PM

[...] Finding Pooling and Servicing Agreements is Key to Killing Your Foreclosure Case | Matt Weidner Blog [...]

Reply

canceledcwmods // May 28, 2010 at 6:11 PM

As long as you are looking at that PSA, check to see if the Master Servicer is required to ADVANCE payments
whenever the borrower fails to pay by a particular date each month. In my PSA, until the foreclosure is completed,
the MASTER SERVICER is advancing the payment. They are to be reimbursed from the proceeds of the sale
after the foreclosure is completed.

OK, so how can the holder(s) of the note, OR the Trustee acting for the supposed Trust, claim that any default
condition has occurred? They are being paid every month, just not by me.

The Master Servicer is much like any third party payment, just like ‘Auntie Aig’ or ‘Uncle Tarp’. If ANY of them
made the payments, there is NO default. The PSA and the Master Servicer were not the entities that I promised to
pay.

The Master Servicer that is set to collect the funds they advanced are NOT parties to my note or to my Deed. If the
Master Servicer’s agreement creates a situation in which NO default can actually be claimed, that is THEIR
problem. The debt still does exist, just without any right to enforce with foreclosure.

Reply
 Matthew D. Weidner, Esq. // May 28, 2010 at 10:40 PM

I’m just digging into this, but it presents very interesting issues. Stay tuned and keep the good insights
coming…..

Reply

SpyBoyPrezentz // Apr 30, 2011 at 6:54 PM

Having been reviewinging P&A’s since 2006, it is my thinking that the single most critical, and
essential, element regards the ” Transfer ”
( see definition in each P&A ).

That is; did an actual Transfer ever actually take place ?

by Who ?
When ?
Where ?
How ?

And, is anyone qualified to testify to the facts regarding the Transfer ? I would think the
trust ” Custodian ” would be one such source, although there may be others.

Remember, the Transfer is a physical event, Not electronic ! the Transfer cannot be digitized, at least
as the term Transfer is defined in every P&A I have seen.

The original Promissory Notes, and the original Mortgage or Trust Deed, are
( allegedly, or maybe that is actually never alleged )
” transferred ” from one physical place to another, and that event occurs ( if it occurred at all ), at a
particular point in time, and that the Transfer is carried by a particular
( authorized )
individual, possibly with the help of a particular courier, or courier service.

Of course, making effective use of such information requires a bit of work, and in judicial foreclosure
States is relatively straightforward, using standard discovery tools, etc.

The problem is, as usual, making effective use of a possible failure to Transfer, in non judicial
foreclosure States, since overcoming the initial burden in a temporary injunction proceeding is, shall
we say, challenging.

Reply

SpyBoyPrezentz // Apr 30, 2011 at 7:03 PM

One more point regarding P&A’s generally, and the matter of whether a ” Transfer ” of
documentation did or did not occur, is that there are some court decisions
( I believe all lower court decisions so far; nisi prius )
where matters regarding the facts of non compliance by the P&A parties was ruled irrelevant to
the facts of default on the Loan, and was disregarded by the court in making its decision about
the propriety of the foreclosure action.

Then again, bad pleadings make bad case law, and as I remember it, in those cases
( it was long ago when I worked on this )
the pleadings were, lets say, not as tight or on point as they could have been.

Reply
 J in CO // May 29, 2010 at 11:52 AM

Good point on the payments. In Non-judicial states the only thing allowed to be challenged is standing and the
default. This would challenge.

To further that thought. The tranche structure of the entire pool has numerous “credit enhancements” which layer
the risk from bottom to top. Once a lower level dies out the certificates then become dead and uncollectable.

If each of the lower level tranches die out and losses on those investments are claimed by the individuals would
that loss claim with the IRS essentially wipe out percentages of the obligation as well?

If not why not?

These were tax exemption vehicles that were propped up through lies and negligence for the sake of the bankers.

When they fell apart the IRS let the bankers slide. What about the rest of America?

Would it be possible to file an FOIA with the IRS as to what losses have been claimed on the pools to verify if the
debt has been wiped out?

My pool has taken about an 800M loss of the 2.3B total invested so would I not automatically be entitled to a 25%
reduction in principle for the losses claimed?

How about the third party payments such as CDS contracts? That would continue the income stream as long as the
ratings are below AAA for the Certificates while the servicer steals the house and the money from the REO
liquidation.

I have read that under IRC 860 that since the pool is static and can only accept exact replacement mortgages, that
the REO money is actually to be invested by the servicer or master servicer since to pay the entire balance down
would void the REMIC status.

Would that mean that all of the loans that had servicing rights transferred to say JPM(I think they received
servicing rights of about 468B in WAMU loans on top of the free 191B in owned loans) give JPM the right to the
REO and proceeds while the tax payer backed Default Swaps keep the income stream going to the top level
tranches.

Now maybe we can start to see why JPM and others have helped create LPS to keep the ugly theft machine
rolling.

Oh and it helps when the FDIC gives you a 1.5-2B litigation slush fund to keep LPS churning out the fraud.

I wonder how much of that goes to the judicial campaign contributions?

I wouldn’t mind if I got a 1.5B dollar slush fund to fight back with. How ’bout you Matt? Think we could use that
for a good legal team?

Maybe Obama would give us some TARP money that we could use to take care of his electorate?

Reply

Mike Dillon // May 29, 2010 at 3:32 PM

I’ve noticed a fair amount of info does not EASILY show up on the SEC’s site. Maybe it’s b/c of the filing of the
15-15Ds, maybe there are other reasons.

Regardless, couple of things I’ve found to make it easier in searching SEC.gov. I’ll try to lay this out so everyone
can play along at home.

Run a search on the trust itself excluding any trustee info. Using the above example you’d simply search “HSI
ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2!. When that search is performed on
Google, the first link leads to the trust as listed on secinfo.com . Secinfo.com is a good source of info – some of
which will not easily be found at SEC.gov.

Usually, any trust info found on secinfo.com will include an “SEC File #” at the top of the page. In this case the
SEC File # is 333-124032-07 . More on this in a minute.

In this particular instance, the page that opens from the Googled SECinfo.com link is to an 8-K filing for the trust
we’re interested in. This page also lists several exhibits. PSAs, if they’re at all publicly accessible, can usually be
found within 8-K filings of trusts as exhibits. If an Exhibit 4 or 4.1 is filed there is a good chance that this will be
the actual PSA for the trust.

You can copy/paste, save, or print this doc from here and be done with it OR, if you want to familiarize yourself
with SEC Edgar spelunking a bit further, you can look up the trust via the previously mentioned SEC File #.

SO off we go to sec.gov. Follow Attorney Weidner’s instructions for getting to the “Company or fund name,
ticker symbol, CIK (Central Index Key), file number, state, country, or SIC (Standard Industrial Classification)”
link , click it, and, instead of digging through lists of names, plug the SEC File # obtained from the secinfo.com
page into the appropriate box here. This MAY lead you directly to the specific trust filings. If it does, you’re good
to go, turn your helmet lamp on, cinch up your climbing belt and happy spelunking.

If it does NOT direct you to the specific trust you’re not dead in the water yet. We can find at least SOME of the
info needed on secinfo.com. That said, go back to secinfo.com and determine when that particular 8-K was filed.
Once you know that date, you’re at least in the ball park. In this instance, the subject 8-K was filed 03/14/06. That
at least gets you close.

Flip back to sec.gov now. Grab that SEC File # and drop the last few digits and the hyphen so you’re just dealing
with 333-124032. This will usually get you into the right sandbox at least. Make sure that there are no spaces
either before or after the file # or this WILL throw your search off.

From SECInfo.com, you know that the appropriate 8-K was filed 3/14/06 so focus on the 424B5s (Prospectus)
filed around that date. In this example, you will find the corresponding HSI prospectus filed 03/01/2006. Once
there, find the specific trust listed. Click on “Documents”.

Following the trust title will be the CIK # and a link reading “see all company filings”. Click on that link and you
SHOULD find everything that has been filed with regard to the trust – at least right up to the point where they
filed the 15-15D. In this example, as you can see, the 15-15D was filed 1/29/2007.

It may be significant to note that literally each and every RMBS trust that I have examined in connection with a
foreclosure case over the last 5 or so years has filed a 15-15D within 24 months – more often 18 mos – of the
particular trust launch.

Hopefully, this was more helpful than it was confusing… If not, please be gentle…

Reply

HUGE: Check Your MERS Listing for your Loan! - Page 2 - Loans, Debt & Credit // Jun 3, 2010 at 6:40
PM

[...] (QWR) to your servicer demanding the information. You could also try what this articles suggests: Finding
Pooling and Servicing Agreements is Key to Killing Your Foreclosure Case | Matt Weidner Blog _____ To the
others: Keep in mind, Fannie Mae and the other GSE are purchasing back the defunct [...]

Reply
 Strategic Defaults Could Cost You 8 Years - 06.02.10 - Page 8 - Loans, Debt & Credit // Jun 19, 2010 at
12:11 PM

[...] who are involved violate nearly every provision of their own Pooling and Servicing Agreement." Finding
Pooling and Servicing Agreements is Key to Killing Your Foreclosure Case | Matt Weidner Blog [...]

Reply

Doesn't anyone out there know how to look up a GSE securitization? - Loans, Debt & Credit // Jun 22,
2010 at 8:50 AM

[...] Re: Doesn't anyone out there know how to look up a GSE securitization? There is no easy way to do this
however this article shows a way. Finding Pooling and Servicing Agreements is Key to Killing Your Foreclosure
Case | Matt Weidner Blog [...]

Reply

teresa // Jun 27, 2010 at 8:24 AM

I could not locate the PSA. I contacted the SEC, my forensic loan auditor and the “bank” overseeing the “trust”.
Not the SEC is opening up an investigation against them. How do I find out if the securitization was public or
private?

Reply

teresa // Jun 27, 2010 at 8:25 AM

I could not locate the PSA. I contacted the SEC, my forensic loan auditor and the “bank” overseeing the “trust”.
Now the SEC is opening up an investigation against them. How do I find out if the securitization was public or
private?

Reply

smtblnde // Mar 7, 2011 at 9:33 AM

The real problem is presenting arguments based on securities law with which most state court judges have little
knowledge or experience. I believe the unfamiliarity with this area of law is a major factor as to why judges are
willing to gloss over those arguments and to rule in favor of the banks.

Reply

angry_nNOT TAKING IT // Apr 7, 2011 at 12:16 PM

no… its ALL ABOUT THE PENSIONS

pick any state you like.. all the judges pension funds are reliant on these same trusts existing or all the retirements is
gone.. what will these judges do to survive , are you going to hire them?
you do really believe they know how to work for a living. showmetheloan.com learn the truth.

Reply

angry_nNOT TAKING IT // Apr 7, 2011 at 12:18 PM

thanks matt..
 fwiw i raised the irs missing 2008 year in 2009.

Reply

wileecoyote // Apr 21, 2011 at 2:58 AM

I want to thank you for the information you have

provided here, it helped me tremendously in locating the whereabouts of my promissory note,
which is vital to stopping US Bank’s foreclosure on our home. A little bit of advice for those searching for their
PSA if it is owned by Fannie Mae. Go directly to Fannie Mae’s website, you
can do the search there much easier than with
SEC. I discovered that US Bank wrote the pool
number above my loan # on the copy of my
mortgage contract that they sent me, per my request (& with a little nudge from the OCC).
I was able to do the search with the pool number
and immediately struck pay dirt. I now have the
proof that US Bank committed securities fraud
by double dipping and counterfeiting of
securities. Now, all I need to know is, WILL JUSTICE BE SERVED!

Reply

Sonnia // Apr 26, 2011 at 3:13 PM

This is great information. For Wileecoyote, can you please give me more details how can I get this PSA through
Fannie Mae website. Thank you!

Reply

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