Is Bank of New York Mellon Trustee for certificate holders of your Loan?

freedomwon

LoanSafe Member
Oct 30, 2010
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Purde - I found it for you in the reports. (But the link doesn't work properly). When you're in the GCT Investor Reporting site, you need to scroll down about 95 percent of the way down the screen. Unfortunately they are not listed in order & the site won't allow me to post a direct link to the report you need.
 

Liz760

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May 18, 2011
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I went to the recorders office to see what has been filed on my property. I found that an Assignment of Deed of Trust was signed 03/24/11 and recordered 04/01/11. It states: the undersigned (JPMorgan Chase as successor-in-interest for WaMu Mortgage Pass-Through Certificates Series 2007-HY7 Trust) all beneficial interest to Bank of America successor by merger to LaSalle Bank as trustee for WaMu. The signature of the notary and signature of a Wanda Chapman appear to be of the same hand. What does this mean? Is this one of the robo-signer deals and, if so, what does this mean to me? This forum is so helpful. Thank you
 

freedomwon

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Oct 30, 2010
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Hi Liz760 - Welcome to Loansafe & thank you for joining. YES, it is very possible you may have forged documents. I'm going to refer you over to another thread that directly addresses this issue. http://www.loansafe.org/forum/unite-fight-share-your-ideas-how-homeowners-can-fight-back-against-fraud/43321-forged-robo-signed-mix-matched-signatures.html

Be certain to read post #1. Notary laws & state laws vary from one state to another. Once you get over to the other thread, please let us know what state you are in.
 

Liz760

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May 18, 2011
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Just a little more info - my original loan was with WaMu 05/07, Chase is now servicer. Went through NACA and got HAMP modification @2%, capping out @4.5% yr 7 w/ balloon of $237K!. I have loan modification papers in hand, due to Chase by 11/3/11. I have decided to walk and not send papers back, fearing that by signing it covers their behind! It is a really bad loan mod - they have put all missed payments and fees into the loan along with the balloon, so the loan balance is now about $200k above what they are selling for.
 

Liz760

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May 18, 2011
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Hi freedomwon,
I am in California. The assignment apparently was signed and notarized in South Carolina. When going through the NACA process, they didn't know who the lender was saying it was "one of those securitized loans". Chase never responded to my QWR. My guess is that fraud was committed, but, who has the money to fight this? Maybe just the fact that they know you know will keep them at bay for awhile.
 

freedomwon

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Oct 30, 2010
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Liz760 - From reading your prior posts, I tend to agree that by you signing & agreeing to the mod, you will be enabling them to cover up their FRAUD. Sounds like a very wise idea to walk! Glad to hear you won' be letting them "off the hook".
 

Pudre

LoanSafe Member
May 9, 2011
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Thank you freedomwon. I found it. I'm not really sure what to do with it now. The earliest report available is May of 2005 so I assume this is when this certificate was issued. (I'm not sure I'm using the correct terminology so I apologize for that). I know that our loan closed on 11/4/2004 and it was with Decision One Mortgage. Our county trustee's office here shows them as the original beneficiary and the current holder to be Bank of New York Mellon. We were told by Decision One that they'd be selling our mortgage, however, if I remember correctly, we made one payment to Decision One Mortgage and the received a notice from Countrywide that we were to start making payments to them, Jan 05'. I don't know if Decision One sold it to Countrywide, or if Countrywide was the servicer. If I take the information BONY'S Report at face value, it appears that they became the holder of our note in May of 2005, from Countrywide or from Decision One? I believe Countrywide as this is what shows up in the reporting. Does this mean Countrywide held the note for a couple of months and then transferred it to BONY? I know that BofA is our servicer now and not the noteholder. Now I'm wondering, does this mean Countrywide purchased it from Decision One and sold it to BONY and continued to be the Servicer until BofA took over. Do you have any recommendations? Again, I really do appreciate your guidance here. I'm wondering if BONY has our actual note? Is this what the QWRR is for? I thank all of you in advance and I apologize for my ignorance. As I've mentioned in my other thread, we've been working on a loan mod since 2008, then with Countrywide and MHA since 2009. We've now entered into the foreclosure process and since we don't have a resolution on our loan mod request yet, I'm not holding my breath but if I can stop or delay the foreclosure, I will do anything I can to make that happen. We want to stay in our home and have equity in it, even when we tack on the past due payments.
 

freedomwon

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Oct 30, 2010
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Pudre - Since you indicated the earliest report available is May 2005, that is the month you need to begin downloading. You will need May - Dec 2005 & every single month for 2006, 2007, 2008, 2009, 2010 & 2011. So check all the boxes & download all in a pdf format. You will have approx 78 files. It will be a large zip file that you download to your desktop. You want to keep all these files as evidence as to when the trust began, when your specific loan was put into the trust & when your loan got recategorized within the file.

Your next step will be to check every one of those files to see if your loan is contained within the file. I want to save you some time for now so you don't have to search all 78 files. Open one of the files (perhaps the month your loan originated) & study it from left to right, top to bottom. Get familiar with the information that's in the file.

The 3 files that may be of most use right now are the month before, during & after your NOD was filed. If you know these months, those are the files to look at first since many of the loans didn't make it into the trust until after a NOD was filed. That may or may not be the case with yours. You can use the find feature up at the top of the pdf file & input your loan number. This will save you tons of time.

Keep me posted on what you find! Since I don't have all the paperwork in front of me concerning the chain of title on your loan, I'm not in a position to answer all the questions you've raised in your post. As you're beginning to discover, this process can raise more questions, than answers.

What I'd recommend you do, is go to your county recorders office & get copies of all documents that have been recorded against your property since your loan originated. Keep all docs in a file folder in order of date. This may give you some answers or at least fill in a few missing blanks.
 

Pudre

LoanSafe Member
May 9, 2011
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Thank you Freedomwon for the very helpful information. I did download the reports. Our loan does appear in the May 2005 report and this is well before the NOD so I'm assuming that I don't have any recourse here. I did, however, talk to my attorney, I have an attorney now. He suggested that I get the Deed of Trust from the County clerk's office. I did and the Deed of Trust shows the lender to be Decision One Mortgage Company and the beneficiary to be MERS. He said that our loan could be assigned or sold and they are no longer required to file with the Country Clerk, however, he believes we have a real good start here as he has experienced so many errors with MERS and since Decision One is no longer in business and then Countrywide is no longer is business, there's a good chance that BofA cannot produce the note or show any record of being the assignee. He will be contacting the BofA attorney and BofA tomorrow both telling them the produce the documents. It's been his experience that this usually gets things moving on the loan modification. My "account manager" is not returning my calls. I believe, and my attorney strongly believes that this is BofAs tactic. They send out letters to introduce your account manager and try to seem all touchy feely while what they're really doing is delaying, so the foreclosure can go through.

I'll let you know what happens next.

Thanks again for your guidance. This is becoming quite a learning experience, to say the least.
 
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freedomwon

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Oct 30, 2010
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Pudre - Glad to hear you found your loan in the trust. Sounds like it got submitted into the trust in the appropriate time frame. More than likely, when it got securitized, the note & the deed of trust got separated. Either that, or the note has been lost. The "produce the note" strategy is helpful in the judicial states since the foreclosure must be handled in the courts. In the non-judicial states, the foreclosure is handled by way of trustee sale on the courthouse steps; therefore, bypassing the courts.

Sounds like your attorney has a plan to use the "produce the note" as a bargaining tool. By the way, I forgot, what state are you in?
 

Pudre

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May 9, 2011
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Freedomwon:
I'm in a non-judicial state, Colorado, so I'm not really sure where my attorney is going to go with this information. According to my research so far regarding requirements of filing a foreclosure, either a Deed of Trust or Mortgage must be provided with the request to the Trustee. At this point I don't know if I can find out which of these documents was used or not. If it was just the Deed of Trust, I don't know that Bank of America has any legal right to file foreclosure when MERs is listed as the beneficiary and acting on behalf of Decision One Mortgage. Also, since we're in a non-judicial state, I don't know if there's any recourse if the Trustee doesn't have the correct paperwork to enforce this foreclosure. I really hope my attorney knows what he's doing. He specializes in Real Estate so one would hope so.

Thank you for your responses. I really do appreciate your insight.
 

stephanies

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Jan 24, 2011
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Freedomwon, another way to approach this might be from the investor angle. There is a website mandelman.ml-implode.com that did a pod cast with an attorney whose firm represents more than 50% of the investors that bought pieces of these securitized trusts, and are looking to get to the truth as well of what has gone on with servicers like B of A. Very interesting Pod cast - takes about an hour to get through, but according to the attorney, in 96% of the cases of whether the PSA allows the servicer the option to modify, they do, if in the best interests of the trust, and the guy says that a modification is better than a foreclosure any day for an investor....but more interesting is his theory on why the servicers are acting the way that they are in all of this, and as you know, the investors too want to get to the bottom of all of this mess, to get it straightened out once and for all...I don't see how B of A is going to be able to survive as they exist today, when the veil is finally lifted....question, how is it determined when a trust is in 'default', do you know?

Also, in regards to my own research on my CW lender 1st loan-it was sold to Merrill 10 days before I closed, but the Deed of trust registered with the County still has it as Countrywide, with no assignment ever filed after the original DOT at time of closing. Any thoughts as to where my loan might be- done by CW as a pay option Arm in July 2007. Thanks for any help!
 

freedomwon

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Oct 30, 2010
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stephanies - Thanks for the info about the Pod cast. Sounds interesting!
how is it determined when a trust is in 'default', do you know?
I do not know when an entire trust is in default; however, I can locate my own loan inside the trust & pinpoint the exact month it got moved to the default category within the trust. In my particular case, my loan was already in default & non-performing when it was placed into the trust but it comes up under the "NEW" column in the trust report.

On your Deed of Trust that shows Countrywide, does it have the loan trust on there? If we knew the loan trust, possibly we might be able to track it down. Or did you send a QWR to the servicer asking for investor information? The reply from your servicer might contain the trust info.
 

stephanies

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Jan 24, 2011
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Freedomwon- no, I have not sent the request to B of A yet, as was hoping to do it myself without putting myself again on the banks radar, since I stopped paying in August....funny thing is, MERS shows that my loan was sold to Merrill before I closed ( before MERS went dark a few months ago unless you enter your SSN ) but my county recorders office says that the DOT is still with CW....the servicer transfer letter that I got in May does not state the Trust number either... like it did for so many on theirs, including Hibiscus...I attempted on several occasions to modify with B of A since 2008, but only HAMP was my real chance at one, and B of A strung me along for more than 16 months to even get me an answer, then placed a escrow on my loan, and increased it up to $1017 a month last month! When I contested that, they said 'investor guidelines' will not allow them to take it off... I am wondering if B of A has any idea of who really even owns my loan at this point? If it was sold to Merrill, I would have thought that Merrill would have securitized it, but would it have a CW number, or a ML number....
I do believe that the reason that govt is not mandating more here is that they have been told what a can of worms this whole mess is, and could take down the entire financial system if the real truth is exposed.... on the pod cast with that attorney, Talcott Franklin, he states that this whole mess is not wall street vs wall street, but wall street vs. mainstreet - meaning that these securitized mortgages are in trusts that now make up most companies pension plans, etc...and that this whole thing will keep on snowballing, the way that payments into these trusts are like a waterfall, and dependent on the servicer to accurately report them... many servicers own the bottom of the barrel of these trusts ( the subprime loans pieces ) and that as long as they are reporting that payments are being made, they, the servicer are too getting paid on their investements still.. so my question is what happens to the payments that home owners make to a servicer like B of A when the trust that they are a part of has already been reported as defaulting????? Does B of A then keep the payments??? Or when a loan is in a mod trial, but that has not been reported as such to the investor trust, and so many homeowners are saying that their trial payments are not being applied to their loan balances... is this why, because the loan has already been shown to the investor as in default - is B of A keeping those payments as well? How bad is this mess, really????
 

isisis

LoanSafe Member
Jun 22, 2010
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Divine intervention

Good find and useful thread Hibiscus. Unfortunately, still couldn't find my trust, CWABS 2006 SD2 on it. You seemed to know something about remics from your post in Freedomwon's Bofa thread. I know that they differ in that they have a tax exempt status. Would they be listed on the BNY site and I'm just not lookin in the right place? Any ideas or insights are appreciated!
 

takeninmichigan

LoanSafe Member
Jul 31, 2012
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I am so confused. I have been looking for over a week for the trust my loans are in. We have a 30 year fixed and easy first mortgage that was sold to fannie Mae and the second is a 15 year balloon with New York Bank of Melon (I didn't know they were splitting my loan in half until I got to closing and was put on the line.... and I had already put money into the home).
Anyway, this was in MARCH 16, 2007. I have spent numerous days and nights looking. I called bank of America and they would NOT tell me... they played stupid. Can anyone please help this Michigan who is not so good at figuring this all out?
 

Lizzard

LoanSafe Member
Nov 29, 2012
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Hi Hibicus... My husband and I are trying to find info about our loan. B of A is servicer NYB Mellon is trustee and or investor. I see your post about the CUSIP#. Our loan originated in 2005 with Everbank for a month or two, then Country Wide and of course merged with B of A. I have gone on the site in your Steps and I also have a list of CUSIP numbers fromCountrywide RMBS Settlement , how do we identify our number to our mortgage. I see if you search by Countrywide. I did that and not sure how to link our loan to the info. I do know it BONY is the trustee for the CWALT. I see a list of CWALT and numbers. How do I id our loan to that?
Our loan will balloon to 5.87% and we want a better rate. Can't refi... no hardship, not Freddie/Fannie, high income, underwater and a HELOC. We are stuck and B of A will not work with us. Let me know if you can shed some light on our situation.
Thanks!
 

nalagirl

LoanSafe Member
Jan 19, 2012
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Hi hopeful! What strange is my last payment was July 2011 then my trust was transfered in August 2011. is this related to ur issue above?
 

Lizzard

LoanSafe Member
Nov 29, 2012
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Hi Hibiscus... I am in the site mentioned, found my cwalt and in the availble reports there are 3
Factor File download
loanNew Expanded
Statement
Which one did you look at?
Then there are reporting periods. Which reporting period should i check? Purchased home in August 2005
Lastly, how does the cusip relate to my loan. I did go into the loan statement report for march 2013, some loans were mentioned, could not find my loan. Do I use the original loan number assigned on our origination of our mortgage? that is different than the loan number from b of a
Sorry for the confusion, we are so tired of hitting brick walls with our loan.
Thanks
 

Hopeful In Hawaii

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Apr 10, 2010
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Hi hopeful! What strange is my last payment was July 2011 then my trust was transfered in August 2011. is this related to ur issue above?
In July 2011 almost all the old countrywide accounts had a transfer of SERVICER ( from Bank Of America Home Loans LLP ( or something like that ) to Bank of America NA ( or something like that ) really the same servicer BOA , but some odd corporate move. That was when they finally gave me the actual name of my Trust. But as far as I know, the trust has always been the same