WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE

Our friend in California Brian Davies recently got a “Golden Ticket” in the mail. Below are certified copies of the Pooling & Servicing Agreement of his loan including the Prospectus for RAST 2007-A5, pass thru 2007E, psa 03-01-07.

Via: Brian Davies

GET THESE INTO THE COURT RECORD FOR THE DEFINITIVE WAY THE RECORD NEED TO BE JUDICIALLY NOTICED–B.DAVIESMD@GMAIL .COM

How you can get these:

http://www.scribd.com/doc/36801952/The-Securities-and-Exchange-Commission-How-to-File-to-Get-Certified-Copies-of-the-Prospectus-and-Polling-and-Servicing-Agreements

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6 Responses to “WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE”

  1. How do you defendant against bank, when the BK judges constantly grant the motion for auto relief, chapter 7, based on the fact that a Chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. 362(d)(2) is whether the debor has equity in the property. Few houses throughout the US has equity at this time, therefore the lender wins every time. The lien exceeds the equity. How do you argue? Paralegal, with JD been defending for 2 years against lender. What are suggestions, laws, etc. to get around this blanket law?

    LaVerne – Upland, California

  2. brian davies says:

    File the debt as unsecured and disputed. Then object to the proof of claim, or do suit in BK Court to have proof of the debt. If you mark it secured then you are dead.

  3. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    Brian,

    I know you’re quite knowledgeable and have been fighting very hard for some time now.

    Yet I’m unclear what advantage there is in obtaining a certified copy of the PSA. Is this a document you obtained on your own? Seems with the length that would be rather expensive. It also seems another way to obtain it is to make it a request for production propounded upon plaintiff. Why not make them go through the trouble? Lastly is it even necessary for you to have a certified copy? The PSA is typically a matter of public record on the SEC website and can easily be obtained there for free.

    If there is something I’ve missed, or am unaware of, I would very much like to be informed. I’m also in the thick of a fight similar to yours and every bit of correct information I have makes me stronger.

    Sincerely,

    Stupendous Man

  4. John R says:

    I also don’t see the significance of getting a “Certified” copy of the PSA unless there has been a showing or even the hint that somehow the Plaintiff’s (who generally lack standing) are falsifying the PSA’s they are delivering up through discovery or maybe that it (the PSA) is somehow different than the one obtainable from the SEC. Has their been any instances of that occurring?

  5. Dan Edstrom says:

    In many cases I have seen the homeowners and/or their lawyers were not successful in getting discovery (which is probably a different issue). In another case there were 2 or 3 different copies of some of the SEC filings produced. A certified copy would cure that problem. I don’t know how prevalent these issues are. There may not be any reason for it under normal circumstances. But it seems to me there could very well be any number of reasons. But it is completely up to YOU to determine if you need them or not. I don’t think it costs any money, but I could be mistaken.

    – Dan

  6. Peg says:

    If you filed a Chapter 13 and the mortgage is listed as secured, but you were paying “outside the plan” can you open the case back up to change the mortgage to unsecured & disputed? When we went BK we listed IndyMac FSB as the lender. Come to find out they are just servicing the loan, so not sure if I would need to change anything with that alone.

    I was told if you pay outside the bankruptcy the debt is not protected in the BK court. The servicer has filed the Lis Pendens in the civil court. Nothing went through the BK court before they filed the suit. They just treated it like any other mortgage.

    I am still current on my payments in the Chapter 13, so nothing has changed with that. I only have a few months left in the BK 13.

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