WELLS FARGO BANK, N.A., AS TRUSTEE FOR
ABFC 2006-OPT3 TRUST,
ABFC ASSET-BACKED CERTIFICATES,
SERIES 2006-OPT3,
Plaintiff–Appellant,
– against –
ROTIMI EROBOBO, et al.
Defendants–Respondent.
Appellate Department Case No. 2013-6986
BRIEF OF AMICI CURIAE ROBERT GARRASI
AND JAMES HUNTER IN SUPPORT OF
DEFENDANT–RESPONDENT ROTIMI EROBOBO
Interest of Amici Curiae
Robert Garrasi and James Hunter request permission to appear as amici curiae in this matter. Amici’s input in this matter will be very valuable to this Court because of amici’s experience as co-litigants and non-debtor co-defendants in similar cases. Your amici’s brief will shed new light upon Appellant’s heretofore undisclosed motivations and business practices, as well as those of its affiliates, co-venturers, undisclosed third parties and other signatories to their Pooling and Servicing Agreement (“PSA”). The information provided herein applies not only to the present Appellant, but also to other plaintiffs similarly situated that appear before New York courts in securitized mortgage foreclosure actions. As such, our brief is designed to assist the Court in its public policy considerations regarding these matters.
Our brief focuses on four areas that are the subject matter of this appeal: (1) demonstration that mortgagors in Residential Mortgage Backed Securities (“RMBS’) foreclosure actions are indeed third-party beneficiaries of the PSA’s, and thus have standing to object to a trustee’s ultra vires acts; (2) that EPTL §7-2.4 applies to RMBS trusts in New York making ultra vires transfers void, not voidable; (3) a showing that the subject mortgage notes are never transferred to the trusts; and (4) proving that the investor beneficiaries cannot legally ratify a trustee’s ultra vires acts, thus making the acts void, not voidable. We also explain why the foreclosing deal principals claim that they have transferred the notes and mortgages to the trusts long after the closing date, and why the alleged transfers are not subject to the Internal Revenue Code’s 100% prohibited contributions tax. Our brief suggests that the New York judiciary has been “had” by the RMBS foreclosing deal principals and their lawyers for at least the last six years.
Finally, clear and concise explanation as to what, when, who and where!
Who are these guys? If one or both were running for office, they have my votes!
This brief should be downloaded, printed and sent to the Judge in your case, the U.S. Trustee c/o Department of Justice and every state Attorney General for starters.
Let’s spread this around and see if it goes viral. Time to take back our rights!
Mortgagors are “third-party beneficiaries” to the PSA? Game over!!! MERS is a fraud and a fail! The trustee of the MBS trust is misrepresented as a investor, I got your ass WFHM! You didn’t disclose the name of the MBS , and that you were trustees for a bugus trust!