MORTGAGE RELATED DOCUMENTS YOU NEED TO GATHER UP, INVESTIGATE IN ORDER TO USE FOR YOUR LEGAL DEFENSE A.

Back ground Information Virtually all single-family residential mortgage loans are classified as federally related mortgage loans. See United States Code, Title 12 Banks and Banking, Chapter 27 Real Estate Settlement Procedures, Sec. 2602 Definitions; Sec. 2604 Special Information Booklets; Sec. 2802 Definitions; RESPA Reg. X, Sec. 3500.2 Definitions; 3500.5 Coverage of RESPA; 3500.6 Special Information Booklet At Time Of Loan Application; and Sec. 3500.8 Use of HUD-1 or HUD-1A Settlement Statements Either on the day of closing or, within a few days, and up to several months after closing, the originating banking entity will most likely sell the mortgage and promissory note to a GSE (government sponsored enterprise) such as; Freddie Mac or Fannie Mae, or perhaps to a private banking entity if a sub-prime loan. In most cases the bank will have made arrangements to either: (1) Sell the mortgage note on the day of closing or, (2) Use the mortgage note to obtain a temporary line of credit from what is called a warehouse lender or, (3) Use the note to obtain table funding. Please note that definitions of warehouse lender, and table funding, can be looked up on an Internet search engine for greater detail. To learn more about the GSE players see United States Code, Title 2 The Congress, Chapter 17A Congressional Budget and Fiscal Operations, Secs. 621 and 622; Title 12 Banks And Banking, Chapter 13 National Housing, Subchapter III National Mortgage Associations, Sec. 1717 Federal National Mortgage Association and Government National Mortgage Association; Title 12 Banks And Banking, Chapter 46 Government Sponsored Enterprises, Sec. 4501 Congressional Findings; Sec. 4502 Definitions; Chapter 46 Government Sponsored Enterprises, Subchapter I Supervision And Regulation Of Enterprises, Part A Financial Safety And Soundness Regulator, Sec. 4511 Establishment Of Office Of Federal Housing Enterprise Oversight; Sec. 4512 Director; Sec. 4513 duty And Authority Of Director; Part B Authority Of Secretary, Subpart I General Authority, Sec. 4543 Public Access To Mortgage Information; Chapter 13 National Housing, Sec. 1723a General Powers Of Government National Mortgage Association and Federal National Mortgage Association and; Chapter 16 Federal Deposit Insurance Corporation, Sec. 1811 Federal Deposit Insurance Corporation It is believed that all GSEs, such as; Freddie Mac, Ginnie Mae, Fannie Mae & Federal Home Loan Bank have, and are still, subject to Freedom Of Information Act and Privacy Act requests contrary to the GSE opinions of the past few years. See U.S.C., Title 5, Sec. 552 Public Information, Agency Rules, Opinions, Orders, Records and Proceedings. This is based on the following: Federal Home Loan Mortgage Corporation was agency subject to disclosure and reporting requirements of this section. See Rocap v Indick, C.A.D.C. 1976, 539 F.2d 174,176 U.S. App.D.C. 172

New York State Dept. of Taxation and Finance, Taxpayer Services Div., Technical Services Bureau, State of New York Commissioner of Taxation and Finance, TSB-A-91 (9) R Real Property, Transfer Gains Tax, Real Estate Transfer Tax, dated Sept. 16, 1991 Petition for Advisory Opinion, Petition # M901026A from Federal Home Loan Mortgage Corp. Page 4; Also, Title 12 USC Section 1452(f) provides that Petitioner is deemed to be an agency of the Federal government for purposes of Title 28 USC Sections 1345 and 1442. Moreover in Rocap v Indick (1976) 176 App DC, the court held that Petitioner is a federal agency within the scope of government controlled corporation term of Title 5 USC Section 552(e), and thus is an agency for purposes of the Freedom of Information Act (5 USC, Section 552). WILL A GSE READILY COMPLY WITH A FOIA REQUEST, MOST PROBABLY NOT. THIS MEANS FILING A CIVIL ACTION IN YOUR LOCAL FEDERAL DISTRICT COURT TO FORCE COMPLIANCE. Generally [that means not all the time] the banking entity that sold the mortgage, and promissory note to a GSE, or a private banking entity, will sign a mortgage servicing contract with that GSE who bought the mortgage, and note, meaning that the banking entity is now the mortgage servicer. The monthly mortgage payments are sent to that mortgage servicer, they take a percentage of that payment and put it into an escrow account to cover property taxes, homeowners insurance, sewer, road or other assessments. The servicer takes their servicing fee off the balance and sends the remaining balance of principal and interest onto the GSE. A separate update to this work will be coming shortly explaining the details of the Who, How, Why, Where, and When by which the GSE transfers the mortgage note into a mortgage securities trust. See also for further explanation United States Code, Title 12 Banks And Banking, Chapter 11A Federal Home Loan Mortgage Corporation, Sec. 1454 Purchase And Sale Of Mortgages, Residential Mortgages, Conventional Mortgages, Terms And Conditions Of Sale Or Other Disposition, Authority To Enter Into, Perform And Carry Out Transactions; Chapter 27 Real Estate Settlement Procedures, Sec. 2605 Servicing Of Mortgage Loans And Administration Of Escrow Accounts; Regulations For Real Estate Settlement Procedures Regulation X, Part 3500 Real Estate Settlement Procedures Act, Sec. 3500.2 Definitions; and Sec. 3500.21 Mortgage Servicing Transfers The private banking entities follow the same practice as the GSEs in regards to mortgage servicing. From time to time the mortgage servicing contract is assigned, sold, conveyed or transferred from one mortgage servicer to another. When such a servicing transfer is made the previous and future mortgage servicers are required by federal statute to give written notice of such transfer to the mortgagor. See U.S.C. Title 12 immediately above. The homeowner can make a phone call to their current mortgage servicer and simply ask who owns the mortgage & note. The servicer does have to tell the homeowner per RESPA. One can send written inquiries to the mortgage servicer requesting information pertaining to ones mortgage loan. See United States Code, Title 12 Banks And Banking, Chapter 27 Real Estate Settlement Procedures, Sec. 2605 Servicing Of Mortgage Loans And Administration Of Escrow Accounts and; Part 3500 Real Estate Settlement

Procedures Act, Sec. 3500.21 Mortgage Servicing Transfers. HOWEVER, such written request MUST be sent within the first year of the date of servicing transfer. See Sec. 3500.21, (e) Duty of loan servicer, (2) Qualified written request, (ii) A mortgage servicer for a GSE does NOT own the mortgage and promissory note meaning they do not have any equity interest in the mortgaged property. See U.S.C.A., this is the annotated version as opposed t the bare bones statute; Title 11 Bankruptcy, Sec. 541 Property Of The Estate. Federal Home Loan Mortgage Corporation was owner of notes and mortgages being serviced by debtor, and thus principal, interest, and escrow on deposit in debtors account were not property of debtors estate though Corporation did not hold original mortgages in its name, in that Corporation was holder of original notes. In re Cambridge Mortg. Corp, Bkrtcyl.D.S.C. 1988, 92 B.R. 145 In the federal district court case of Myers v. Citicorp Mortg., Inc. CV-94-A-1019N, 878 F.Supp. 1553 (1995) that court made comment on the fact, based on Citicorp pleadings that Freddie Mac [in this instance] would endorse, and assign, the mortgage/note over to the servicer [un-recorded] so that it in turn could file an assignment over to the new servicer, and record said assignment at the county. The servicer would immediately thereafter re-endorse, and assign, said mortgage/note back to Freddie Mac. Since this was not raised as an issue by either party to the case this court could not rule on the multiple numbers of assignments back and forth. For complete details please obtain this case for your reading/review. As to mortgage foreclosures of single family residential mortgages that are federally related mortgage loans, the only person that has the authority to commence which such an action is the Secretary of Housing And Urban Development (HUD). The Sec. does have the authority to designate, in writing, natural or un-natural persons (corporations) to act as his foreclosure commissioner. See United States Code, Title 12 Banks and Banking, chapter 38A Single Family Mortgage Foreclosure, Sections 3752 3764 Now it may behoove a homeowner that had a federally related mortgage loan who is facing mortgage foreclosure, or had a home foreclosed upon in the past, to send a F.O.I.A. request to the Sec. of HUD asking for those documents in which either the Sec. of HUD ordered the foreclosure or, designated a party [in writing] to act as foreclosure commissioner. In that F.O.I.A. request the homeowner MUST reference the mortgage originator, current mortgage servicer, the GSE, and mortgage servicer, mortgage loan number, and complete address of the property. It may take several weeks to get a response. It would be interesting to discover if the foreclosing partys law firm did, or did not, possess such authority to act as a foreclosure commissioner as this may raise another issue of defense. A great many of the several state allow non-judicial foreclosure actions, meaning that no court action is required or necessary. Mere publication in a newspaper of general circulation for a four week period is all that necessary to complete such foreclosure action. However some of the several states do require judicial mortgage foreclosure actions so you need to check into your states statutes to see how mortgages can be foreclosed.

B.

Documentation you need to gather up All documents, of whatsoever nature, recorded against the mortgaged property in the local county register of deeds/recorders office commencing from the date of the mortgage closing up to most recent filing. Such as; (1) Mortgage contract, and Promissory Note, (2) Assignment of Mortgage, (3) Deed of Trust, (4) Change of trustee in a Deed of Trust (5) Any other type/form of document relating to the mortgage You need to gather up all such documents already in your possession, including letters from all past, and current, mortgage servicers. Put them into chronological order. Match what you have at home against what was recorded to see if any thing is different. There have been instances in which the Mortgage, Deed of Trust, and Note recorded at the county were NOT the same as was given to the home owner at time of closing. An Assignment of Mortgage is normally worded to the effect that the mortgage originator sold, assigned, conveyed, or transferred the Mortgage, and Note over another banking entity who has become the new mortgage servicer handling you monthly mortgage payments. There may be more than one such Assignment of Mortgage recorded depending on how many changes in the mortgage servicers. In the case of a GSE actually owning the mortgage and note that Assignment of Mortgage showing that the last previous mortgage servicer sold the mortgage and note to the now current mortgage servicer is a smoke screen. See, for example, Freddie Macs, or Fannie Maes single-family servicing Guide for details, and Myers v. Citicorp Mortg., Inc. CV-94-A-1019-N, 878 F.Supp. 1553 (1995) Now, if the home owner knows that a GSE did in fact purchase the mortgage, and note, from the mortgage originator one can send either an F.O.I.A. or Privacy Act request to that GSE to produce certified copies of: 1. Front and back sides of the Mortgage, and Note, 2. The servicing contract between the GSE and any and all previous mortgage servicers, 3. Those papers generated by the lender prior to the mortgage closing in order to see if they made arrangement to sell the mortgage note prior to the closing or arrangements to use the mortgage note to obtain a line of credit in order to back the check issued to the seller, 4. The listings of past and current document custodians, who are the proper party to hold all the documents pertaining to the mortgage in safe keeping, 5. The assignments of mortgage, and note, from the GSE to each, and every mortgage servicer, 6. The endorsements of the note from the GSE to each and every mortgage servicer, 7. The same as in 5 above but, from the mortgage servicer back to the GSE, 8. The same as in 6 above but, from the mortgage servicer back to the GSE,

9. IF a mortgage foreclosure action is eminent, the designation of authority from the Sec. of HUD to the GSE, the mortgage servicer or any other party to act as the foreclosure commissioner for said mortgage loan. Send either a F.O.I.A. or Privacy Act request to the Sec. of HUD if the mortgage servicer will not provide the name of the GSE whom they are acting as the servicer for or, if the GSE will not provide the name of the foreclosure commissioner. In all instances reference the original mortgagee and loan #, all previous mortgage servicers and loan #. The more references the better, as the F.O.I.A. or Privacy Act request shall be processed quicker. The home owner has to sign the F.O.I.A. or Privacy Act request, supply a copy of their drivers license as a form of identification and the requested documents have to be sent to the homeowner. Be advised that it can take several weeks to months to get the documents from a GSE. If the home owners documents or those copies obtained at the county show that the mortgage is insured by F.H.A., V.A., or U.S.D.A. an F.O.I.A., or Privacy Act, request can be sent to them asking for all documents pertaining to that mortgage loan as outlined in the page above in an F.O.I.A. to a GSE. C. What to look for in the various mortgage related documents (1) The name of the processing company that prepared the document which is usually located in one of the corners of that document, such as; Nationwide Title Clearing, Peelle Management Corp., LPS, etc., (2) You need to check on the various WEB sites listing such firms as being found to have produced fraudulent mortgage related documents, (3) You need to check out the names, and signatures, of those persons who signed as an officer of the banking entity which sold the mortgage to another banking entity in the Assignment of Mortgage(s), (4) You need to check on the various WEB sites listing such persons names, and signatures, to see if they have been discovered to be robo-signers, (5) You need to do a phrase search of those persons signing as bank officers on the Internet with such phrase as; Mary Jones power of attorney. You may get a hit from a county WEB site, even from a different state than the paper work processing company is located in, (6) You need to check into the signature of the Notary Public that signed, and stamped the Seal, on each document to see from the WEB site of the state Secretary of State, Notary Public Div., or Bureau, from whom that Notary obtained their office; (a) See if that Notary is still a Notary, (b) See if that Notarys commission had expired prior to, or didnt exist, at the date of notarizing that document, (c) Obtain a certified copy of that Notarys signature on their application for office, and/or their signature on their Oath of Office. Match those signatures against the Notarys signature on the mortgage related documents to see if one and the same, (d) What does that states law say as to what signature the notary is to use notarizing documents signature on application, or on the Oath of Office.

(e) If the Notary is, or is not, currently holding a commission you need to get the notarys address/contact information which may be their home, or place of business, in order to contact that Notary to obtain a certified copy of that page in their log book in which they recorded their notarization of that particular mortgage related document pertaining to your mortgage. By the laws of the several states a Notary is required to make such recordation, if they did not then their notarization of that document can be challenged in a lawsuit. Further, you need to find out the name, and contact address, of the bonding company which bonded the Notary. C. Summary NEVER EVER file any civil action against a mortgage servicer or a GSE challenging or raising issues as to the fact the Mortgage and Promissory Note had funded the loan, used the Note to obtain a temporary line of credit via table funding or warehouse line of credit. They are NOT the proper party that such a suit should be filed against. They had absolutely nothing to do with the original loan. PERIOD It must be determined whether or not the mortgage originator is either state or federally chartered to do business as a banking entity, or a mortgage broker. Most local libraries have national business directories listing all companies and corporations doing business in the United States. Look up that banking entity and photo copy that page it is listed on. The information will say whether it is state or federally chartered and have an SIC code #. In the index will be a breakdown of the SIC codes, photo copy that page. Without back ground documentation one is powerless to do anything. Before one can do anything one must have background information. The background documentation IS the means to the end. If the home owner has a subprime mortgage loan which was not sold to a GSE then most likely the only way to get documentation will be a formal lawsuit through the work of an attorney using Discovery. Private banking entities are not subject to F.O.I.A. or Privacy Act requests. D. Example of the typical life of a mortgage loan You got a mortgage from ABC Bank and then a letter in the mail saying that ABC Bank will be servicing the mortgage. In the county recorders office or register of deeds office there may be filed an Assignment of Mortgage saying that ABC Bank is the owner/holder of the mortgage loan. Several months or years latter you get a letter from ABC Bank saying they will no longer service your mortgage and that XYZ Company is the new servicer. You will get a letter from XYZ Company saying they are the new servicer and to send payments to them. NOW, there may be a new Assignment of Mortgage filed with the county saying that ABC Bank for due and valuable consideration sold/conveyed the mortgage to XYZ Company. You wouldnt know this if you dont check the records at the county.

More time goes by and you get a letter from XYZ Company saying they will no longer service the mortgage and that LMN Company is the new servicer. You will get a letter from LMN Company saying they are new servicer, send payments to them. AGAIN, perhaps there will be a new Assignment of Mortgage recorded at the county in which XYZ Company for good and valuable consideration sold the mortgage to LMN Company. And again you will not know this unless you check into the records at the county. Repeat as many times as the homeowner had their mortgage servicer changed. Unless the paper trail research in the foregoing has been done there is no way to discover the Who, How, Where, and When as to your mortgage being in a trust. In the immediate future a special addendum will be sent out explaining the Who, How, Why, What, Where, and When on the transfer of a mortgage note into a trust. That is a story in itself. REMEMBER: One needs to start at the beginning first, then work you way up the levels.

Original March 11, 2011 1st Revision March 13, 2011