Chain of Title

The Broken Chain of Title and Securitization of Burkes’ Loan

Contradictions to Hopkins Motion

p. 14… MERS not legal assignor

A Trustee Cannot Maintain an Action on Behalf of a Trust that Does Not Exist

March 28 2008 Annual Report 10 K This document names Indymac Bank FSB as Servicer and reports filing of annual statement of compliance for the servicer as of December 31 2007

http://www.secinfo.com/dv4at.t7z.htm

January 17 2008 Notice of Suspension of duty to file reports form 15-15D filed by Deutsche Bank National Trust as depositor . on behalf of the Trust Terminating the registration of the notable investment vehicle. The number of holders of record as of certification as of notice date was less than 300.

http://www.secinfo.com/dv4at.t3x.htm

p. 16

Hopkins false story re liquidation transfer of mortgage securities by FDIC

Indymac was liquidated by FDIC, then renamed as Indymac Federal Bank.

FDIC sold some assets before transferring remaining mortgages to One West Bank,

Deutsche Bank objected ,claiming they should have been included in the disposal by FDIC and sued in court but FDIC prevailed in the action.

The Trust 2007-A8 was sold by Indymac Securities Investments to the Wyoming Pension Trust, were the main investor of this and other mortgage investment trusts from Indymac Securities together with Detroit and Los Angeles employees pensions who were owners of this trust.

The Burke’s Mortgage was claimed held by this trust confirmed on page one of every motion submitted to the court by the Plaintiff Deutsche Bank.

i.e. Securitization Trust 2007-A8 Mortgage Pass Through Certificates Series 2007-H under the pooling and Servicing Agreement dated June 1 2007

NJ Appellate Court Decision Goes to Achilles Heel of “Securitizers”

The banks focus on the state statutes (UCC) enabling a holder to enforce without ever establishing that the party owns or controls the underlying debt. If you think about it that is nonsense. But that one thing, more than anything else, is responsible for millions of wrongful foreclosures.

Here are some basic black letter rules, quoted in the NJ case, that have been followed for centuries:

1. A holder must possess the original note. (Never produced only fabricated copies subsequently withdrawn.. at trial opposing counsel used defendants copy of note which contradicted all their previous submissions )
2. Transfer of possession must be “authenticated by an affidavit or certification based upon personal knowledge.”
3. A party relying upon power of attorney or other document must produce the authenticated original of that document.(Original never produced}
4. Using the words “as attorney in fact” means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.
5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.
6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA cannot be admitted into evidence and for purposes of the case then, such statements or documents do not exist.
7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.
8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney cannot be used to circumvent the requirement that interests in real property (including mortgages) must be in writing.
9. A party seeking to enforce a note must be able to establish, though competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.(Never Happened}
10. Certifications must be based upon personal knowledge and not general familiarity.
11. If testimony is offered based upon a “review” of records, the records must be present or the witness must identify those records and how the witness acquired personal knowledge of their content.(This never happened in our case. Only a signature of a known Robo Signer).
12. Assignments of mortgage must be authenticated by a person who has personal knowledge of the assignment (and the circumstances in which the assignment occurred). Otherwise the assignment is hearsay and must be excluded from evidence unless otherwise admitted for different reasons. Hearsay statements in assignments cannot be admitted into evidence and for purposes of the case then, such statements do not exist.(Chain of Title never produced as filing foreclosure 3 years 9 months after closing date).
13. The fact that an assignment or other document exists as an original or a copy does not mean that what is written on it can be admitted into evidence. But without a proper objection, the document can be admitted into evidence as proof of the matters asserted therein.
14. A document signed by an agent or “nominee” like MERS after the demise of the principal is void because the power of attorney expires upon expiration of the principal. If the originator no longer exists, MERS is not authorized to act on behalf of the originator.

Forensic Audit Report
re Burkes’ securitized loan

Forensice Loan Audit Report

Forensic Loan Analysis Report

Securitization Audit Report

Loan in Trust

IndyMac Settlement

See p. 62 of 127 – last entry on right column – Trust 2007-A8  – in court motion below. This is where Burkes’ securitized loan is listed.

http://blogs.reuters.com/alison-frankel/files/2014/09/indymac-settlementpapers.pdf

Wyoming Pension Trust and the other investors prevailed in the action against Indymac, Deutsche Bank Securities Inc : Credit Suisse Securities(USA) LLC: Morgan Stanley &Co LLC: J P Morgan Securities LLC: RBSS Securities Inc: UBS Securities LLC: who agreed to pay $ 340,000,000 in cash immediately into an Escrow account

With agreement of lead Plaintiff Indymac MBS based on discovery and sworn affidavit is part of FDIC Receivership Estate has no money, no assets, no reasonable prospects of acquiring revenue and no insurance was dismissed.

It is obvious that a trust cannot be sold by Indymac Bank Securities to Wyoming Pension Trust and then the mortgages within foreclosed by Deutsche Bank who is pursuing foreclosure on a mortgage it has not purchased.

There is no chain of title with confirmed sales and purchases to Deutsche Bank Trust 2007-A8 in accordance with New York Law and Internal Revenue Regulations.

The closing date.of the Trust was June 1 2007 Deutsche therefore cannot transfer a mortgage to this trust, in 2011 some 4 years after the trust closing date.

Ownership refers to the economic benefits of a promissory note (including a note secured by a mortgage) and is governed by Article 9 of the UCC.

The right to endorse the note on the other hand is governed by Article 3.
If a note is negotiable and hence the right of enforcement is governed by Article 3 and that right can be transferred only by delivery of possession of the original note to the transferee.

Since the mortgage follows the note delivery of the note is likewise essential to a transfer of the right to foreclose the mortgage. An exception to the delivery requirement exists if the note has been lost or destroyed or is in possession of someone who is unknown.

There was no chain of title of the Burke’s note having never transferred from the depositor to the trust and Deutsche Banks’ arguments failed per the Hon. Judge Smiths’ rulings and opinions, which have not wavered in this case.