In re: SIMEON MORENO, Chapter 13, Debtor

Case No. 08-17715-FJB.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

May 24, 2010.

MEMORANDUM OF DECISION ON MOTION OF PROPERTY ASSET MANAGEMENT, INC. FOR RELIEF FROM THE AUTOMATIC STAY

FRANK J. BAILEY, Bankruptcy Judge

In the Chapter 13 case of debtor Simeon Moreno, Property Asset Management, Inc. (“PAM”), claiming to be the assignee of a mortgage originally given by the debtor to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for lender GE Money Bank, moved for relief from the automatic stay to foreclose the mortgage. Moreno initially opposed the motion but then withdrew his objection, whereupon the Court granted the relief requested. Months later, at Moreno’s request, the Court vacated the order granting relief from stay and scheduled an evidentiary hearing on the Motion for Relief from Stay for the limited purpose of reconsidering whether PAM had an interest in the mortgage it sought to foreclose and, to that extent, standing to seek relief from stay.^[1] Having held the evidentiary hearing and received proposed findings and conclusions, the Court now enters the following findings of fact and conclusions of law.

Findings of Fact and Procedural History

On January 23, 2007, Moreno executed a promissory note in the principal amount of $492,000, payable to lender GE Money Bank. GE subsequently endorsed the note in blank, whereupon possession of the note was transferred through a series of holders and ultimately to Lehman Brothers Holdings, Inc. (“LBHI”), who held the note when PAM filed its Motion for Relief from Stay and continues to hold it now.^[2] LBHI, through one of its employees and through LBHI’s attorney, who not coincidentally also is PAM’s attorney in the present matter, produced the original note at the evidentiary hearing. PAM is not now a holder of the note or an entity for whose benefit another has held the note.

To secure the promissory note, Moreno gave a mortgage on the real property at 5 Maple Street, West Roxbury, Massachusetts (the “Property”) to MERS as nominee for GE (the “Mortgage”). The Mortgage specifies that MERS “is a separate corporation that is acting solely as a nominee for [GE] and [GE’s] successors and assigns. MERS is the mortgagee under this security instrument.” The Mortgage further provides that Moreno does hereby mortgage, grant and convey to MERS (solely as nominee for [GE] and [GE’s] successors and assigns) and to the successors and assigns of MERS, with power of sale, the [Property]. . . . Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for [GE] and [GE’s] successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of [GE] including, but not limited to, releasing and canceling this Security Instrument.

The Mortgage was duly recorded.

MERS administers an electronic registry to track the transfer of ownership interest and servicing rights in mortgage loans. With respect to certain loans of which its members are the beneficial owners, MERS also serves as mortgagee of record and holds legal title to the mortgages in a nominee capacity. MERS remains the mortgagee of record when beneficial ownership interests or servicing rights are sold from one member of the MERS system to another. When the beneficial interest in a mortgage loan is transferred from one member of the MERS system to another, MERS tracks the transfer through its internal records. When rights are transferred from a member of the MERS system to a non-member, MERS executes and records an assignment from MERS to the non-member.

To facilitate the execution of the assignments from MERS, MERS designates “certifying officers,” who are typically employees of MERS member firms. MERS authorizes these employees, through formal corporate resolutions, to execute assignments on behalf of MERS. On or about January 6, 2005, MERS, through a document entitled Corporate Resolution and issued by its board of directors, authorized Denise Bailey, an employee of Litton Loan Servicing L.P. (“Litton”), a member of MERS, to execute such assignments on behalf of MERS. In the language of the authorizing document (the “MERS Authorization”),^[3] Ms. Bailey was authorized to, among other things, “assign the lien of any mortgage loan naming MERS as the mortgagee when the Member [Litton] is also the current promissory note-holder, or if the mortgage loan is registered on the MERS System, is shown [sic] to be registered to the Member”^[4]; and Ms. Bailey was further authorized to “take any such actions and execute such documents as may be necessary to fulfill the Member’s servicing obligations to the beneficial owner of such mortgage loan (including mortgage loans that are removed from the MERS System as a result of the transfer thereof to a non-member of MERS).” In each instance, Bailey’s authority to act is dependent on the existence of a specified relationship of Litton, the MERS member for whom she is employed, to the loan in question.

The Moreno loan was entered into the MERS tracking database in the ordinary course of business. Thereafter, MERS tracked the beneficial interest in the loan. The beneficial interest was transferred from G.E. Money Bank to WMC Mortgage Corporation; then, on September 19, 2007, from WMC Mortgage Corporation to Aurora Bank FSB (formerly known as Lehman Brothers Bank FSB), and then, on July 30, 2008, from Aurora Bank FSB to LBHI. Aurora Bank was at all relevant times a wholly-owned subsidiary of LBHI.

With respect to the Moreno Mortgage, MERS remained the mortgagee of record until, on or about April 30, 2008, MERS, acting through Denise Bailey, assigned the Mortgage to PAM. At the time, Aurora Bank FSB was the beneficial owner of the loan. In executing the MERS assignment to PAM, Ms. Bailey purported to be acting under her MERS Authorization.

The MERS Authorization limited Ms. Bailey’s authority to act for MERS to matters with respect to which Litton was involved in at least one of the ways specified in the above-quoted language from the MERS Authorization. There is evidence, and I find, that Aurora Bank FSB had requested that Litton transfer the loan from MERS to PAM in anticipation of foreclosure. However, PAM has adduced no evidence that Litton had any specified connection to this loan at the time it executed this assignment. There is no evidence that Litton was then (or at any time) the servicer of the loan for Aurora Bank or that Litton was registered as servicer of the loan in the MERS system.^[5] (PAM does not contend that Litton was the holder of the promissory note or the owner of the beneficial interest in the loan.)

Scott Drosdick, a vice-president of LBHI and witness for PAM at the evidentiary hearing, testified that Aurora Bank’s instruction to Litton to transfer the mortgage to PAM was later “ratified by LBHI.” Drosdick did not explain what he meant by this, precisely how and when this ratification occurred. Absent such evidence and clarification, this testimony is too vague to have any definite meaning; accordingly I give it no weight.

By a master servicing agreement dated February 1, 1999, LBHI engaged Aurora Loan Services, Inc., now known as Aurora Loan Services LLC (“ALS”), as master servicer of certain loans, including eventually the present Moreno loan. In turn, ALS engaged Litton to service certain loans, including eventually this same loan.

After Bailey executed the MERS assignment to PAM, Bailey executed another assignment of the same mortgage from MERS to LBHI. This second assignment was never recorded; nor is there evidence that it was ever delivered by MERS to LBHI.

Moreno filed a petition for relief under Chapter 13 of the Bankruptcy Code on October 13, 2008, commencing the present bankruptcy case. On November 13, 2008, LBHI, acting through its servicer Litton Loan Servicing, LP, filed a proof of claim in this case; the proof of claim asserts a claim, secured by real estate, in the total amount of $530,168.04, the same secured claim as PAM now seeks relief from stay to enforce by foreclosure. On the proof of claim form itself, Litton actually identifies the creditor claimant as simply “Litton,” but on an explanatory document attached to the proof of claim form, Litton states that the claim is filed by “Litton Loan Servicing, LP, as Servicing Agent for Lehman Brothers Holdings Inc.” The proof of claim does not mention PAM or indicate in any way that the mortgage securing the claim is held by anyone other than LBHI.

On March 31, 2009, and at LBHI’s direction, PAM filed the present motion for relief from the automatic stay, seeking relief from the automatic stay to foreclose and to preserve its rights as to a potential deficiency. PAM intends and is obligated to remit the proceeds of the intended foreclosure sale to Aurora Loan Services LLC, as servicer for LBHI. Regarding ownership of the note and Mortgage, PAM stated in the motion only that it was the holder of a mortgage originally given by Moreno to MERS, that the mortgage secured a note given by Moreno to GE, and that MERS had assigned the mortgage to PAM. PAM did not indicate that LBHI was the current holder of the note or that it held the mortgage as nominee for the benefit of LBHI or of any other entity. The motion did not mention LBHI.

Moreno filed a response to the motion, in essence an objection, in which he expressly admitted PAM’s allegation that his prepetition arrearage was $39,442.49 and, by lack of denial, tacitly admitted that Moreno was some four months in arrears on his postpetition payments under the mortgage. By these allegations and admissions, PAM has established that Moreno is in default on his mortgage loan obligations; the Court rejects Moreno’s request for a finding that PAM has not established a default. The response made no issue of PAM’s standing to foreclose or to seek relief from stay and did not dispute PAM’s allegations regarding ownership of the note and Mortgage. In any event, before a hearing was held on the motion, Moreno, through counsel, withdrew his objection. Consequently, on April 28, 2009, and without a hearing or any review of apparent inconsistencies in the bankruptcy record concerning ownership of the mortgage and note, the court granted PAM relief from the automatic stay to foreclose and to preserve its rights as to a potential deficiency.

PAM had not yet foreclosed when, on December 2, 2009 and by new counsel, Moreno filed an adversary complaint against PAM and, with it, a motion for preliminary injunction. The complaint sought among other things (i) an order invalidating the mortgage on account of irregularities in its origination and (ii) a declaration that PAM was not the holder of the mortgage and note. In the motion for preliminary injunction, Moreno asked that the foreclosure be stayed, or that the automatic stay be reimposed, pending disposition of the adversary proceeding. On December 7, 2009, after a hearing on the motion for preliminary injunction, the Court found that the motion was, in part, essentially one to vacate the order granting relief from the automatic stay, vacated that order, and scheduled an evidentiary hearing on the motion for relief. The order specified that the sole issue at the evidentiary hearing would be PAM’s standing to seek relief from the automatic stay, all other issues under 11 U.S.C. § 362(d) being deemed established. After discovery, the evidentiary hearing was held on April 8, 2010, and, with the submission of proposed findings and conclusions, the matter was then taken under advisement.

Discussion

As the party seeking relief from stay to foreclose a mortgage on the debtor’s property, PAM bears the burden of proving that it has authority under applicable state law to foreclose the mortgage in question and, by virtue of that authority, standing to move for relief from the automatic stay to foreclose. PAM contends that it has such authority and standing because, although it does not hold the promissory note that the mortgage secures, it does have title to the mortgage itself; and it holds that title as nominee of and for the benefit of the note holder, LBHI, and is foreclosing for LBHI. In these circumstances, PAM contends, a mortgagee has a right under Massachusetts law to foreclose for the benefit of the note holder and therefore standing to move for relief from stay to foreclose. The Debtor objects, arguing (among other things) that Massachusetts law prohibits foreclosure by one who holds only the mortgage and not the note it secures. I need not address the merits of this and other objections because, even if the theory is a valid one, it requires proof that PAM is the present title holder of the mortgage, and PAM has not carried its burden in this regard.

To show that it presently holds the mortgage, PAM must show a valid assignment of the mortgage from MERS to itself. PAM contends that it holds the mortgage by assignment from MERS. Accordingly, PAM must show that the assignment, which was executed for MERS by Denise Bailey, was within the scope of Bailey’s limited authority to act for MERS.

Ms. Bailey’s authority to act for MERS is defined in the MERS Authorization in seven enumerated paragraphs. In each, Ms. Bailey’s authority to act is dependent on the existence of a specified relationship of Litton, the MERS member by whom she is employed, to the loan in question. PAM has submitted no evidence of the existence of any such relationship. The beneficial owner of the loan at the time of the assignment was Aurora Bank FSB, but there is no evidence that Litton was at the time the servicer of the loan for Aurora Bank FSB or was registered with MERS as such. The Court does not find that Aurora Bank FSB had not retained Litton as its servicer; there is simply no evidence on the issue. But the burden is on PAM to prove that it had, and PAM has not adduced evidence to that effect.

Accordingly, by a separate order, the Court will deny PAM’s motion for relief from the automatic stay without prejudice to renewal upon proper proof.

[1] All other issues were resolved upon entry of the original order granting relief from stay. No cause has been adduced to revisit any but the narrow issue of standing.

[2] Moreno contends that LBHI, which is in bankruptcy proceedings of its own, may have sold its interest in the note through a court-approved sale in its bankruptcy case. However, Moreno does not contend that possession of the note has passed from LBHI to the alleged purchaser (or any nominee of the purchaser), and therefore the alleged possible sale is irrelevant, as possession undisputedly remains in LBHI. In any event, Moreno attempted to establish the fact of the alleged sale by designating certain documents on the docket of the LBHI case and asking the Court to take judicial notice of these and then to find them on its own and to determine from them whether the promissory note in question was among the assets transferred. Having found the alleged sale to be irrelevant, the Court declined to take judicial notice of the bankruptcy documents. However, the proffer also failed for two additional reasons: first, that Moreno did not take a position as to whether a sale did occur, only that the Moreno note may have been among those transferred in the sale; and second, even if the court had taken judicial notice as requested, it remained Moreno’s obligation, which he has not fulfilled, to produce the documents in question and to explain in the first instance how one would conclude from them that the asset in question was among those transferred.

[3] MERS Corporate Resolution, attached to Bailey Affidavit as Exhibit 1.

[4] The grammatical difficulty in this second clause is native to the authorizing document.

[5] The original affidavit of Scott Drosdick includes the following two sentences:

By Master Servicing Agreement dated February 1, 1999, LBHI engaged Aurora Bank FSB (f/k/a Lehman Brothers Bank FSB), to master service, among other things, the Loan [the Moreno loan]. In turn, Aurora Bank FSB engaged Litton pursuant to a Flow Subservicing Agreement dated October 1, 2007, to service the loan.”

By an amendment to the affidavit and in testimony, Drosdick later amended his affidavit to correct this passage by striking Aurora Bank FSB from the first sentence and in its place inserting Aurora Loan Services LLC. Drosdick did not expressly change the second sentence, but that sentence, which begins with the critical words “in turn,” would be nonsensical unless the same substitution—Aurora Loan Services LLC for Aurora Bank FSB—were also made in the second sentence. Therefore, though the second sentence might perhaps be read in isolation as evidence that Litton was servicing the loan for Aurora Bank FSB at the time when Bailey executed the assignment, that sentence cannot credibly be so construed.

SUPREME COURT OF ALABAMA
SPECIAL TERM, 2013
____________________
1110054
____________________

David T. HARRIS and Stacy L. Harris

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under the Pooling and Servicing Agreement dated November 1, 2005, GSAMP Trust 2005–HE5.

1110054.

— September 13, 2013

David T. Harris and Stacy L. Harris appeal from a summary judgment entered by the Shelby Circuit Court in favor of Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement dated November 1, 2005, GSAMP Trust 2005–HE5 (“the trustee”), as to the trustee’s statutory-ejectment action against them and as to their counterclaim against the trustee. We vacate the trial court’s summary judgment in favor of the trustee as to its ejectment action and remand the case for further proceedings; we affirm the summary judgment in favor of the trustee as to the Harrises’ counterclaim.

I. Facts and Procedural History

In June 2005, the Harrises purchased a house in Shelby County (“the property”) through a loan from SouthStar Funding, LLC (“SouthStar”), in the amount of $120,350. The debt was divided into two adjustable-rate notes made payable to SouthStar—the first in the amount of $96,300 and the second in the amount of $24,050. The Harrises executed mortgages to secure the notes. The mortgages identified the “Lender” as SouthStar and the “mortgagee” as “Mortgage Electronic Systems, Inc.” (“MERS”), “acting solely as a nominee for Lender and Lender’s successors and assigns.” This action concerns the first note and mortgage for the debt of $96,300.

The note provided that SouthStar “may transfer this Note,” and the mortgage provided that the note “can be sold one or more times without prior notice to” the Harrises. The mortgage contained the following pertinent provisions concerning notices, acceleration of the debt, and invocation of the power of sale by the Lender:

“15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower’s notice address.

“?

“22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument ? The notice shall specify (a) the default; (b) the action required to cure the default; (c) a date, no later than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) the failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property? If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and other remedies permitted by Applicable Law.

“If Lender invokes the power of sale, Lender shall give a copy of a notice to Borrower in the manner provided in Section 15. Lender shall publish notice of sale once a week for three consecutive weeks in a newspaper published in Shelby County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall deliver to the purchaser Lender’s deed conveying the Property. Lender or its designee may purchase the Property at any sale.”

Additionally, the mortgage stated that SouthStar or MERS, “as nominee for [SouthStar’s] successors and assigns,” had “the right to foreclose and sell the Property.”

The Harrises began falling behind on their mortgage payments in 2007; the Harrises do not dispute that they failed to meet their mortgage obligations. Evidence in the record indicates that on March 20, 2008, Litton Loan Servicing LP (“Litton”)¹ sent a letter addressed to the Harrises at the property address informing the Harrises that they had “fallen behind on [their] mortgage payments.” The letter stated that Litton “would like to explore options that may be available to help preserve your home ownership,” and it provided contact information for Litton’s “Loss Mitigation Department.” The letter also stated that Litton “is a debt collector.” The Harrises deny receiving the March 20, 2008, letter or any other correspondence until they were served with the complaint in the instant ejectment action.

There also is evidence indicating that, on April 16, 2008, Litton sent a letter “on behalf of the owner and holder of your mortgage loan,” this one by certified mail to the property address, informing the Harrises that their mortgage was “in default for failure to pay amounts due.” The letter explained that to cure the default the Harrises “must pay all amounts due under the terms of your note and Deed of Trust/Mortgage.” It also related that if they failed to cure the default within 45 days of the date of the letter, “Litton will accelerate the maturity date on the Note and declare all outstanding amounts under the Note immediately due and payable.” The letter further stated that, “[u]pon acceleration of [the] Note, Litton will refer the property for foreclosure.”

On June 16, 2008, according to evidence in the record, Litton sent a letter to the Harrises at the property address that extended “a loan modification offer” to the Harrises. As with Litton’s first letter, this one contained contact information for Litton’s “Loss Mitigation Department.”

The record also contains evidence indicating that, on July 14, 2008, Colleen McCullough of the law firm of Sirote & Permutt, P.C., on behalf of the trustee, sent a letter addressed to the Harrises at the property address that noted that the Harrises’ mortgage had been “transferred and assigned to Deutsche Bank National Trust Company.” The letter stated that, “pursuant to the terms of the Promissory Note and Mortgage,” and “by virtue of default in the terms of said Note and Mortgage, [the trustee] hereby accelerates to maturity the entire remaining unpaid balance of the debt ?” The letter provided the payoff amount as of the date of the letter, and it stated that the trustee was “at this time commencing foreclosure under the terms of the Mortgage.” The letter indicated a copy of it had been provided to Litton.

Finally, the record also contains evidence indicating that, on December 29, 2008, McCullough, on behalf of the trustee, sent another letter to the Harrises at the property address, once again informing the Harrises that the note was being accelerated as a result of their default on the mortgage and that foreclosure proceedings were being initiated. The letter stated that a copy of the public foreclosure notice was enclosed with the letter and that the foreclosure sale was scheduled for February 3, 2009.

Public notices of the foreclosure sale were published on December 31, 2008, January 7, 2009, and January 14, 2009. The notices stated that the mortgage had been transferred to the trustee and that the “Mortgagee/Transferee” would sell the property on February 3, 2009. It also listed Sirote & Permutt, P.C., as the “Attorney for Mortgagee/Transferee.”

On January 8, 2009, MERS executed and delivered an assignment of the mortgage to the trustee. That assignment was recorded in the Shelby Probate Office on January 13, 2009.

On February 3, 2009, the trustee, through its attorney, conducted a foreclosure sale on the property. The trustee, as the highest bidder, purchased the property and obtained a foreclosure deed. The foreclosure deed stated that the mortgage executed by the Harrises on June 10, 2005, had “subsequently been transferred and assigned to [the trustee]” and that the trustee “was authorized and empowered in case of default in the payment of the indebtedness secured thereby ? to sell said property ?” The foreclosure deed naming the trustee as the grantee was recorded in the Shelby Probate Office on February 12, 2009.

Also on February 3, 2009, McCullough, on behalf of the trustee, sent a letter to the Harrises at the property address demanding possession of the property based upon the foreclosure and informing the Harrises of their right of redemption.

On February 11, 2009, the trustee filed a complaint asserting a claim in the nature of ejectment against the Harrises in which it alleged that it was the “owner” of the property “by virtue of foreclosure on February 3, 2009.” The complaint noted that the trustee had served a written demand for possession upon the Harrises and that they had not vacated the property. The trustee attached a copy of the foreclosure deed to the complaint. The Harrises responded to the complaint on March 18, 2009, through a motion to dismiss or, in the alternative, for a more definite statement, in which they stated that they were “unable to file a complete answer without knowledge of the [the trustee’s] alleged standing.”

On March 30, 2009, the trustee filed a motion for a summary judgment along with an affidavit asserting the basis for the trustee’s ownership of the property. The Harrises did not file a response to the motion. On July 8, 2009, the trial court granted the trustee’s motion for a summary judgment and denied the Harrises’ motion to dismiss or motion for a more definite statement.

On August 3, 2009, the Harrises filed a motion to reconsider the order entering a summary judgment in favor of the trustee. The Harrises attached to the motion an affidavit from David Harris in which he averred that he had not had any dealings with the trustee but, rather, had always dealt with Litton regarding the mortgage. He also asserted that “Litton did not give us any notice of default or inform us that it had accelerated the mortgage and intended to foreclose.” Harris also claimed that he and his wife did not receive a copy of the motion for a summary judgment.

On September 25, 2009, the trial court granted the Harrises’ motion to reconsider and vacated the summary-judgment order. It provided the Harrises 14 days to file a response to the motion for a summary judgment. On October 7, 2009, the Harrises filed their response to the motion for a summary judgment in which they alleged that the trustee had not fulfilled the contractual notice requirements that were conditions precedent to foreclosure. They also asserted that they had not been afforded the opportunity to conduct discovery concerning “the present holder of the underlying note.” The Harrises also filed an answer to the complaint and a counterclaim in which they asserted that they had not been given proper notice of: (1) any transfer of loan servicing; (2) default; (3) actions required to cure the default; and (4) the acceleration of the debt. The Harrises claimed damages for “wrongful foreclosure .”

The trustee answered the counterclaim on November 24, 2009. On May 24, 2010, the trustee filed a motion to supplement its motion for a summary judgment, to which it attached copies of several letters sent from Litton to the Harrises and from McCullough to the Harrises. In an amended motion to supplement the motion for a summary judgment filed two days later, the trustee attached an affidavit from McCullough in which she confirmed that she had executed “two notices of default and acceleration letters” to the Harrises, that the letters had been mailed in the regular course of business, and that they had not been returned as undeliverable.

On July 27, 2010, the trial court entered an order granting the trustee’s motion for a summary judgment. In part, the trial court found:

“2. The mortgage was ? assigned to [the trustee] on or about January 8, 2009.

“3. That the [trustee], as mortgagee, and with proper authority, conducted a foreclosure sale on or about February 3, 2009, with [the trustee] being the purchaser at said sale.

“4. Prior to said sale, proper notice was provided to the [Harrises] as required by the mortgage contract and state law.”

The trial court awarded immediate possession of the property to the trustee. It also entered a summary judgment in favor of the trustee as to the Harrises’ counterclaim.

On August 19, 2010, the Harrises filed a motion to reconsider the summary judgment, which the trial court subsequently denied. The Harrises appealed that judgment, but this Court dismissed the appeal as being from a nonfinal judgment because of the trial court’s failure to adjudicate the trustee’s claim for damages. Harris v. Deutsche Bank Nat’l Trust (No. 1100307, March 1, 2011). On April 4, 2011, the trustee filed a notice withdrawing its claim for damages and requesting the entry of a final order. The trial court thereafter entered an order affirming its previous summary judgment in favor of the trustee and denying the trustee’s claim for damages.

The Harrises subsequently filed a motion to vacate the judgment pursuant to Rule 59(e), Ala. R. Civ. P. In that motion, the Harrises argued that the trustee had not demonstrated that it had obtained the foreclosure deed through a valid foreclosure sale because, they asserted, it was not entitled to the debt at the time it executed the power of sale. Along with their motion, the Harrises submitted what they termed “newly discovered evidence,” which included a copy of the trust “pooling services agreement” (“PSA”) related to their mortgage, a “Limited Power of Attorney” appointing Litton as attorney-in-fact for the trust, excerpts from a June 9, 2009, deposition of Denise Bailey in a Florida action,² and an affidavit dated February 11, 2011, from the in-house counsel of MERSCORP, Inc., the parent company of MERS, submitted in a New Jersey action.

Following a response filed by the trustee and a hearing on the motion, the trial court denied the Harrises’ Rule 59(e) motion. The order stated that the trial court had reviewed the parties’ arguments, but it made no reference to the Harrises’ “newly discovered evidence.” The Harrises appealed the trial court’s summary judgment in favor of the trustee.

II. Analysis

A. The Trustee’s “Initiation of Foreclosure Proceedings” Before Being Assigned the Mortgage

The Harrises argue that the trustee did not establish that it was either “the nominal mortgagee or [the] owner of the mortgage debt” until at least January 8, 2009, after it had accelerated the debt and stated in July 2008 that it was “commencing foreclosure under the terms of the Mortgage.” They contend that, because the trustee did not hold the power of sale associated with the mortgage when it “initiated foreclosure proceedings,” those proceedings were deficient and the foreclosure deed ultimately obtained by the trustee as the successful purchaser at the foreclosure auction is invalid. On this premise, the Harrises initially argue that the trustee lacked standing to bring its ejectment action against them. This same premise conflicts with the trial court’s existing finding on the merits of the ejectment claim that the trustee had “proper authority” to foreclose on the property and is urged by the Harrises as part of the framework for a reexamination of those merits, which it asks us to order on a remand of the case.

We reject the stated premise both as it relates to the issue of standing and to the merits of the trustee’s claim. As we explain in our separate decision issued today in Ex parte GMAC Mortgage LLC, [Ms. 1110547, Sept. 13, 2013] _ So.3d _ (Ala.2013), the failure of a foreclosing party to have received an assignment of the mortgage (and by extension the power of sale attendant to the mortgage debt) before “the initiation of foreclosure proceedings” does not of itself invalidate the eventual conveyance of the property in foreclosure of the mortgagor’s rights. See also Ex parte BAC Home Loans Servicing, LP, [Ms. 1110373, Sept. 13, 2013] _ So.3d _ (Ala.2013) (holding that an issue such as that presented by the Harrises goes to the merits of a foreclosure purchaser’s ejectment claim, not its “standing” to make that claim).

B. Other Alleged Deficiencies in the Foreclosure Process

As noted, the Harrises also challenge the summary judgment entered against them on the trustee’s ejectment action on its merits. They do so on the basis of various alleged deficiencies in the foreclosure process that they contend invalidate the foreclosure conveyance to the trustee and therefore the title to the property upon which the trustee bases its ejectment claim under § 6–6–280(b), Ala.Code 1975.

We first note that the Harrises raise an issue as to whether the notice of default and of the possibility of an acceleration of the loan and a sale of the property, as required by the mortgage, was given. We may assume for purposes of this issue that the trustee proved a prima facie case for ejectment but that the Harrises introduced sufficient evidence to require the trustee to go beyond that proof and prove that the foreclosure conveyance to it was not invalid for failure of the above-described notice. Even so, the specific argument made by the Harrises in their brief as to this notice issue is merely that the trustee “failed to produce substantial evidence” tending to show that the required notice was given. We reject this argument.

The mortgage provides that “[a]ny notice to [the Harrises] in connection with this Security Instrument shall be deemed to have been given to [the Harrises] when mailed by first class mail or when actually delivered to [the Harrises’] notice address.” As we noted in our rendition of the facts, the record indicates that Litton sent the Harrises a letter via certified mail on April 16, 2008, notifying them of default on the mortgage and of an intent to accelerate if the default was not cured. The record contains a certified-mail receipt, bearing the stamp of the United States Postal Service and indicating that a letter was mailed on that date to the Harrises at the requisite notice address. The record also contains two letters dated July 14, 2008, and December 29, 2008, respectively, from McCullough on behalf of the trustee to the Harrises informing them that their loan was in default, that their payment obligations were being accelerated, and that foreclosure proceedings were being instituted. The record also contains an affidavit from McCullough in which she testifies that both of those letters were mailed by “placing [the] same in the United States mail, postage prepaid, on or about July 14, 2008 and December 29, 2008, respectfully.”³

“ ‘[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” ’ Dow v. Alabama Democratic Party, 897 So.2d 1035, 1039 (Ala.2004) (quoting West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989)). The record contains substantial evidence indicating that the required notice was given in accordance with the requirements of the mortgage contract. The Harrises’ argument to the contrary is without merit.

Next, the Harrises make two arguments based upon evidence they submitted in support of their Rule 59(e) motion to vacate the judgment of the trial court. First, based on their submission of the PSA, the Harrises contend that the trust was not allowed to acquire mortgage loans after November 22, 2005. Second, based on a deposition of Denise Bailey in a Florida action and an affidavit from the in-house counsel of MERSCORP, Inc., submitted in a New Jersey action, the Harrises contend that MERS did not properly assign the mortgage to the trust.

As to the PSA, “[d]ocuments submitted in support of or in opposition to a summary-judgment motion are generally required to be certified or otherwise authenticated; if they are not, they constitute inadmissible hearsay and are not considered on summary judgment.” Tanksley v. ProSoft Automation, Inc., 982 So.2d 1046, 1053 (Ala.2007). In addition, even if the PSA had been authenticated and it could not have been located by the Harrises’ counsel with due diligence before the trial court entered the summary judgment, the Harrises failed to respond in both the trial court and in their briefs to this Court to the trustee’s argument that the Harrises cannot enforce the terms of the PSA because they are neither parties to nor third-party beneficiaries of the PSA. See Ware v. Deutsche Bank Nat’l Trust Co., 75 So.3d 1163 (Ala.2011), (turning aside a similar argument by the mortgagor because he was neither a party to nor a third-party beneficiary of the PSA at issue). As in Ware, the Harrises’ argument based on the PSA is due to be rejected for failure to explain the basis on which they can invoke the PSA.

Furthermore, “[e]vidence submitted in an effort to revise an interlocutory summary judgment can be considered by the court if the nonmovant can offer a proper explanation for its failure to submit the evidence earlier, in response to the motion for summary judgment .” Hail v. Regency Terrace Owners Ass’n, 782 So.2d 1271, 1278 (Ala.1999). A Rule 59(e) motion does not, per se, operate to extend the time for filing affidavits or other material in opposition to a motion for a summary judgment. A party seeking to rely upon “newly discovered evidence” in support of a Rule 59(e) motion has the burden of showing “that the evidence submitted with his motion for reconsideration was ‘newly discovered evidence which by due diligence could not have been discovered’ before submission of defendants’ motion for summary judgment.” Moore v. Glover, 501 So.2d 1187, 1189 (Ala.1986) (emphasis omitted). In their Rule 59(e) motion, the Harrises only explanation as to why they were not able to submit much of their “newly discovered evidence” in response to the summary-judgment motion was that the evidence “was not located” until after the trial court granted the trustee’s summary-judgment motion. This is not an adequate explanation of why this evidence could not have been obtained or submitted earlier. Accordingly, the submission of this evidence does not require us to reverse the trial court’s judgment.

The Harrises also argue that the power of sale described in the mortgage was given by the Harrises as part of the security for the repayment of the debt evidenced by the note and can be “executed” only by the trustee if it was the party entitled to the money thus secured. They cite § 35–10–12, Ala.Code 1975, which states that the power to sell lands given in a mortgage “is part of the security and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured.” In Carpenter v. First National Bank, 236 Ala. 213, 181 So. 239 (1938), this Court applied the predecessor to § 35–10–12, stating:

“A power of sale in a mortgage of real estate is a part of the security, and passes to any one who by assignment or otherwise becomes entitled to the money secured. Code 1923, § 9010.

“But an agent of such holder to whom the mortgage is delivered merely for the purpose of foreclosure, having no ownership of the debt, is not authorized to foreclose in his own name, and execute a deed in his name to the purchaser. 4 Ownership of the debt does not pass to such agent merely because the note is indorsed in blank. Such foreclosure is ineffective, and a court of equity may take jurisdiction for the purpose of foreclosure.”

236 Ala. at 215, 181 So. at 240 (emphasis added). The foreclosure deed in this case was executed by the trustee in its own name, not on behalf of the lender, Southstar, or any other party to which Southstar may have assigned the note. The deed was effective to transfer title and to foreclose the rights of the mortgagor, therefore, only if the trustee, in its own name, was entitled to receive the money secured by the note at the time it executed and delivered that deed.

The parties agree in their briefs, however, and we accept for purposes of this case, that the mortgage given MERS “solely as a nominee for Lender and Lender’s successors and assigns” did not entitle MERS to the money secured by the mortgage. Accordingly, the subsequent assignment of that mortgage by MERS to the trustee did not accomplish an assignment of that right to the trustee. The trustee in fact concedes that summary judgment was inappropriate in this case and that on the state of the current record there is a genuine issue of material fact as to whether the trustee received an assignment of the note so as to have entitled it to execute the power of sale in its own name. (It asserts that, if this case is returned to the trial court, it will introduce “conclusive evidence” of its receipt as early as 2005 of the debt evidenced by the original note signed by the Harrises.) The summary judgment entered by the trial court therefore is due to be vacated and the case remanded for a determination as to whether the trustee received an assignment of the right to receive the money secured by the note, and thus the power to execute the corresponding power of sale in its own name, before executing and delivering the foreclosure deed.

Finally, the Harrises argue that the trial court erroneously entered a summary judgment in favor of the trustee on the Harrises’ counterclaim for “wrongful foreclosure.” We disagree in light of the following statement of law:

“Alabama has long recognized a cause of action for ‘wrongful foreclosure’ arising out of the exercise of a power-of-sale provision in a mortgage. However, it has defined such a claim as one where ‘a mortgagee uses the power of sale given under a mortgage for a purpose other than to secure the debt owed by the mortgagor.’ Reeves Cedarhurst Dev. Corp. v. First American Fed. Sav. & Loan Ass’n, 607 So.2d 180, 182 (Ala.1992).”

Jackson v. Wells Fargo Bank, N.A., 90 So.3d 168, 171 (Ala.2012) (emphasis added).

In their “counterclaim,” the Harrises did not allege that the power of sale was exercised for any purpose “other than to secure the debt owed by [them].” Instead, their claim merely goes to whether the trustee complied with certain contractual or statutory prerequisites for a valid foreclosure. Therefore, the trial court did not err in entering a summary judgment on the Harrises’ counterclaim.

III. Conclusion

For the reason discussed above, we vacate the summary judgment entered by the trial court in favor of the trustee on its claim for ejectment and remand this case to the trial court for further proceedings and for the entry of a new judgment consistent with this opinion. Specifically, we instruct the trial court to determine whether the trustee received an assignment of the right to receive the money secured by the note, and thus the power to execute the corresponding power of sale in its own name, before executing and delivering the foreclosure deed. The trial court’s summary judgment in favor of the trustee on the Harrises’ counterclaim is affirmed.

JUDGMENT VACATED IN PART; AFFIRMED IN PART; AND REMANDED WITH INSTRUCTIONS.

FOOTNOTES

1.  The Harrises acknowledge that Litton was the servicer of their loan and that they made their mortgage payments to Litton.

2.  Bailey was the MERS employee who had executed the assignment of the mortgage.

3.  The Harrises argue that McCullough is “not competent” to testify as to whether notice was mailed by Litton. Their only other challenge to McCullough’s testimony is that the only person who should be allowed to testify as to the “policy” of McCullough’s firm in regard to the mailing of default and acceleration notices and the compliance with that policy in this case is “the person whose duty it is actually to carry out the custom.” The Harrises do not explain why McCullough is not that person. In any event, it does not appear that either of the objections now raised to McCullough’s testimony was presented by the Harrises to the trial court.

4.  As discussed in Ex parte GMAC Mortgage, LLC,_ So.3d _, it is the execution and delivery of a deed that “forecloses” the mortgagor’s rights and vests the foreclosure purchaser with legal title sufficient to support an ejectment action under § 6–6–280(b).

MURDOCK, Justice.

MOORE, C.J., and STUART, BOLIN, SHAW, MAIN, WISE, and BRYAN, JJ., concur.

UPDATE: Case is showing up as Settled: Loan Modified on 3/15/2012 – Thanks J for this info!

Wonder how this panned out? This after he dismissed the case with Prejudice!

What does Dismissed with Prejudice mean? Unfortunately not much. You see after New York Supreme Court Judge Schack dismissed Deutsche Bank’s case against Walter Francis with Prejudice for the inability to demonstrate it owns the mortgage or the note and for an unrecorded mortgage assignment back on March 25, 2011, on December 30, 2011 Deutsche Bank filed the unrecorded assignment of mortgage on what appears to be 9 months later. The assignment is EXECUTED by Denise Bailey who I’m almost certain Judge Schack knows quite well.

Does anyone have the latest info on this case? H/T to Dan H for this info below.

[ipaper docId=101664896 access_key=key-1iahzvhzmdpusqgaxx21 height=600 width=600 /]

H/T DEONTOS

RESIDENTIAL FUNDING REAL ESTATE HOLDINGS, LLC, Plaintiff, and
RAHI REAL ESTATE HOLDINGS, LLC, Substitute Plaintiff/Appellee,
v.
VINCENT ADAMS and LESLIE ADAMS, Defendants/Appellants and
JOHN DOE, JANE DOE and HARVARD POINTE HOMEOWNERS ASSOCIATION, INC., Defendants.

Steven A. Heath, Baer Timberlake, Coulson & Cates, P.C., Tulsa, Oklahoma, for Plaintiff/Appellee.

THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

COMBS, J.

¶ 1 This matter comes before us on a writ of certiorari to the Oklahoma Court of Civil Appeals, Division II (COCA). This case concerns a summary judgment granted by the district court in favor of the plaintiff/appellee RAHI Real Estate Holdings, LLC, (appellee) and against the defendants, Vincent Adams and Leslie Adams (appellants). COCA affirmed the district court’s ruling and we reverse and remand for further proceedings.

¶ 2 On October 20, 2006, appellant Vincent Adams (Vincent), executed a promissory note to Gateway Mortgage Group, LLC, (Gateway) for the purchase of real property. On the same day, appellants executed a mortgage to Gateway to secure the note.

¶ 3 The original plaintiff, Residential Funding Real Estate Holdings, LLC, (Residential) filed a petition to foreclose on June 26, 2009, claiming appellants defaulted on the note beginning January 1, 2009. Residential attached a copy of the subject note and mortgage to the petition. The note has a special indorsement from Gateway which states “Pay to The Order Of: Option One Mortgage Without Recourse.” It is executed by “Amanda Goodnight ITS: SHIPPING SPECIALIST.” Also attached to the note is a blank indorsement by Option One Mortgage Corporation, A California Corporation, (Option One Mortgage Corporation). It is executed by “Dora Galvan Assistant Secretary.” On July 24, 2009, a motion to substitute plaintiff and modification of caption was filed, thereby substituting RAHI Real Estate Holdings, LLC, (RAHI) in place of Residential. The motion stated that RAHI was subsequently assigned all of Residential’s rights in the mortgage. On July 27, 2009, the district court granted the motion and substituted RAHI as plaintiff in place of Residential in this foreclosure action and ordered that the caption be modified to reflect RAHI as plaintiff. One day after the order granting substitution, July 28, 2009, Residential as plaintiff filed its first amended petition.^[1] The amended petition added a new defendant, Harvard Pointe Homeowners Association, Inc., and re-alleged all allegations made in the original petition. It also attached the same note and mortgage.

¶ 4 Defendants filed their answer on August 24, 2009, admitting that a note and mortgage were executed but denied that the note and mortgage attached to the petition are the ones he/they signed. Further, they deny default and demand strict proof thereof. They then blame “plaintiff/servicing agent” for the cause of the alleged default. Appellants also attacked plaintiff’s standing and the subject matter jurisdiction of the court.

¶ 5 On February 9, 2010, appellee filed a motion for summary judgment alleging there is no controversy as to any material facts and attached an affidavit. The affidavit is from Denise Bailey, Assistant Secretary of Litton Loan Servicing, LP, as servicer for RAHI Real Estate Holdings. The affidavit states the plaintiff is the holder of the note and mortgage by virtue of an attached assignment of mortgage and the defendants are in default. She states she is in charge of loan servicing, and the records and files concerning the loan in this action are maintained under her supervision, and she has personal knowledge of the contents therein. She also states that there has been no extension or agreement to delay entry of judgment. The motion also attached a copy of the note and mortgage, the same as the ones attached to the original petition, and an assignment of mortgage.The assignment of mortgage is executed January 18, 2010, but made effective June 26, 2009. It assigns only the subject mortgage; there is no attempted assignment of the note. It is made by Sand Canyon Corporation f/k/a Option One Mortgage Corporation (Sand Canyon) to RAHI Real Estate Holding, LLC, and signed by Brian McConnell, a Vice President of Sand Canyon.

¶ 6 On March 1, 2010, appellants’ attorney filed an entry of appearance and a motion to deny plaintiff’s motion for summary judgment. Appellants allege they need more time to respond to the motion because appellee failed to respond to their discovery requests pursuant to Oklahoma District Court Rule 13(d).^[2] They allege it cannot be determined if the appellee is the real party in interest, proper party or that a valid note exists. It is further alleged that the indorsements on the note are not valid, and under the UCC, a note must be indorsed by its holder before it can be transferred.^[3] Appellants attach an affidavit made by the appellants and a copy of their discovery requests. The affidavit states that appellants mailed their discovery requests to appellee’s attorney on or about August 23, 2009. They allege that as of March 1, 2010, they have not received any responses to their discovery requests. Appellants also refer to a certificate of mailing made by appellee’s attorney certifying, on June 19, 2009, he mailed appellants answers to their request for admissions. Appellants assert that this date was prior to the petition being filed.

¶ 7 In the response to the motion to deny, appellee’s attorney claims he timely mailed a response to the request for admissions on September 17, 2009, but it was returned undeliverable. He refrained from providing additional responses because it appeared appellants had vacated the address listed on their pleadings and appellants failed to provide a telephone number on their pleadings which he could call. Appellee also asserts that appellants’ affidavit is incorrect because on the same day that appellants executed their affidavit, March 1, 2010, they came to appellee’s attorney’s office and demanded their discovery requests. Appellee claims later that day its attorney gave appellants a copy of the response to their request for admissions and a complete response to appellant’s other discovery requests. Appellee attached a copy of a certificate of hand delivery signed by appellee’s attorney reciting that on March 1, 2010, “I hand delivered Plaintiff’s Response to Defendant’s Requests Documents to the Defendant.” Appellee also claims that appellants cannot recite any authority why the indorsements on the note are invalid and that appellants are inaccurate in their assertion that in order for a negotiable instrument to be transferred it must be indorsed. It cites 12A O.S. 2001, § 3-203(b), which provides a transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument. Appellee asserts it is a person entitled to enforce the note because an indorsement is not necessary for a transfer but, in this case, the subject note and allonge are indorsed and in its possession.

¶ 8 Appellants replied on March 26, 2010, stating on March 1, 2010, appellee’s attorney did not attach any documents to their discovery request. They allege most of appellee’s responses say “see attached” but no documents are attached. They also assert that Title 16 O.S. 2001 § 93, applies to the indorsements in this case and a “shipping specialist” is not authorized to indorse a note under this statute.^[4]

¶ 9 On April 15, 2010, the district court issued an order granting summary judgment in favor of appellee. This was later vacated on April 28, 2010, because appellants’ attorney was not notified of the hearing. The district court also allowed responsive pleadings to the motion for summary judgment to be made within twenty (20) days.

¶ 10 On May 17, 2010, appellants filed a motion to compel discovery and a renewal of motion to deny the motion for summary judgment. In the motion to compel, appellants restate that appellee’s attorney did not attach requested discovery to its response even though he had been personally contacted. They also assert the following: 1) the real party in interest cannot be determined by the filings attached to appellee’s motion for summary judgment; 2) the indorsements are invalid and therefore appellee has no standing to bring this action; 3) the allonge is made by Option One Mortgage Corporation but the original lender, Gateway, specially indorsed the note to an alleged different entity, Option One Mortgage; and 4) the affidavit attached to the motion for summary judgment is invalid, insufficient, and inadmissible; and the assignment of mortgage is irrelevant and, therefore, inadmissible. This last contention is based on no showing the assignor was an indorsee of the note and therefore could not have any rights as to the mortgage. Sand Canyon Corporation f/k/a Option One Mortgage Corporation is the assignor of the mortgage, however, Gateway indorsed the note to Option One Mortgage not Option One Mortgage Corporation. Further, there is no documentation Sand Canyon Corporation succeeded Option One Mortgage Corporation. The assignment was made on January 18, 2010, and backdated to June 26, 2009. Appellants allege there is no law in Oklahoma that authorizes such backdating. They assert the assignment of mortgage is unrecorded and therefore unenforceable and inadmissible because it is irrelevant.

¶ 11 Appellee responded to both motions. In its response to the motion to compel, appellee alleges its attorney provided the requested responses to discovery on March 1, 2010, and made good faith attempts with appellants’ counsel to find out what documents he needed. Instead of providing that information appellants filed a motion to compel. Appellee states its attorney’s records show all documents, except the customer contact log, were provided on March 1, 2010, and on May 21, 2010, the log was mailed to appellants.

¶ 12 Appellee asserts in its response to the renewal of the motion to deny the motion for summary judgment: 1) RAHI is the real party in interest, and the amended petition merely included a new defendant and re-alleges all allegations made in the original petition; 2) the affidavit by RAHI’s servicer is admissible because it is made under personal knowledge and it proves RAHI is the owner of the note, and appellants are in default; 3) appellants cite no authority for their position that Title 16 of the Oklahoma Statutes is applicable because it relates to documents which must be properly “executed or acknowledged in the manner required by law as legal prerequisites for record filing;” and 4) a note does not require an acknowledgement nor is it recorded.

¶ 13 Appellee asserts a copy of the fully indorsed note is attached to their motion for summary judgment and the original has been presented to the court, and is in its attorney’s possession. Further, even if the note had not been indorsed the presentation of the original note entitles the person in possession to enforce it. 12A O.S. 2001, §3-203(b).^[5]

¶ 14 Regarding the assignment of mortgage, appellee asserts that the recording of an assignment is only made to protect the assignee. Chase v. Commerce Trust Co., 1923 OK 676, 244 P. 148. The note is the controlling factor and the mortgage follows the note when the note is assigned. Gill v. First National Bank & Trust Co., 1945 OK 181, 159 P.2d 717. Regardless, the assignment of mortgage was recorded on February 9, 2010. Appellee further asserts there is nothing disclosed by the record which provides grounds to doubt the truth that Sand Canyon Corporation succeeded Option One Mortgage Corporation. Appellee cites The Title Examination Standards, 16 O.S. 2001, § 12.4, Ch. 1, App. which provide, “Unless there is some reason disclosed of record to doubt the truth of the recital then: A. A recital of succession by corporate merger or corporate name change (e.g., the corporation was formerly known by another name) may be relied upon if contained in a recorded title document properly executed by the surviving or resulting corporation.” Appellee concludes that appellants have provided nothing to show they are not in default, the existence of the mortgage is not disputed and ownership of the note and mortgage cannot be disputed, therefore appellants raise no issue of fact which requires the motion for summary judgment to be overruled.

¶ 15 A hearing on the motion for summary judgment was held on June 29, 2010. The court issued a minute order finding the appellee held the original note, discovery was provided to the appellants and granted ten (10) additional days for appellants to supplement their response to the motion for summary judgment. Further, the court stated it would rule on the pleadings after ten (10) days from this order. No supplemental responses were filed and on July 13, 2010, the court issued a minute order sustaining the motion for summary judgment. A journal entry of judgment followed on September 28, 2010. It found there was no substantial controversy as to any material fact, the appellee is the owner/holder of the note and mortgage, and default had occurred.

¶ 16 Appellant appealed the journal entry of judgment by filing a petition in error on October 29, 2010. The Oklahoma Court of Civil Appeals, Division II, issued its opinion on November 30, 2011, affirming the trial court. Appellants then filed a petition for writ of certiorari on December 21, 2011, which was granted by this Court on March 5, 2012.

STANDARD OF REVIEW ON SUMMARY PROCESS

¶ 17 Summary relief issues stand before us for de novo examination.^[6] All facts and inferences must be viewed in the light most favorable to the non-movant.^[7] Summary process is applied where neither the material facts nor any inferences that may be drawn from undisputed facts are in dispute, and the law favors the movant’s claim. To that end, the court may consider, in addition to the pleadings, items such as depositions, affidavits, admissions, answers to interrogatories, as well as other evidentiary materials which are offered by the parties in acceptable form.^[8] A motion for summary judgment should be denied if the facts concerning any issue raised by the pleadings, as set forth in the depositions, admissions, answers to interrogatories, and affidavits on file in the case when such motion is filed, and as set forth in affidavits thereafter filed in opposition to such motion and meeting the requirements of said Rule 13, are conflicting, or if reasonable men, in the exercise of a fair and impartial judgment, might reach different conclusions from undisputed facts concerning any issue as set forth in such instruments.^[9] The focus in summary process is not on the facts which might be proven at trial (i.e., the legal sufficiency of evidence that could be adduced), but rather on whether the tendered material in the record reveals only undisputed material facts supporting but a single inference that favors the movant’s quest for relief.^[10] Appellate tribunals bear an affirmative duty to test all evidentiary material tendered in summary process for its legal sufficiency to support the relief sought by the movant.^[11]

¶ 18 The main issue on appeal is whether or not the appellee is a person entitled to enforce the note.^[12] Appellants essentially claim appellee is not entitled to enforce the note because there is no evidence appellee obtained its interest from a person entitled to enforce the note. They assert the indorsements on the note and allonge are invalid, and it is a question of fact whether the first indorsee, Option One Mortgage and the subsequent indorser Option One Mortgage Corporation are the same entities.

¶ 19 Appellants first allege Gateway’s indorsement to Option One Mortgage was invalid because it was made by a “shipping specialist” and not a person authorized to do so under Title 16 O.S. 2001, §93. Section 93, requires every instrument affecting real estate made by a corporation to have the name of such corporation subscribed thereto by an attorney-in-fact, president, vice-president, chairman or vice-chairman of the board of directors of such corporation. Appellants contend that a “shipping specialist” is not authorized to indorse the note under this statute and therefore the succession of transfers of the note is invalid and Gateway is still the holder. They also make this same argument concerning the “allonge” indorsed by an assistant secretary of Option One Mortgage Corporation. That particular indorsement is an indorsement in blank and is the basis for appellee’s claim to the note. The core to this argument is whether the “note” is an instrument affecting real estate for purposes of §93. We hold it is not.

¶ 20 A negotiable instrument under the Uniform Commercial Code^[13] is considered a “note” if it constitutes a promise to pay.^[14] It is an instrument that obligates the maker to pay the lender according to the terms of the note. However, the mortgage and not the note affect the real property. The mortgage creates a security of particular property for the payment of the debt evidenced in the note. The note by itself is only an obligation to pay. Therefore, Title 16 O.S. 2001, §93, does not control who may indorse a note. The UCC does not have a specific requirement similar to that found in §93 concerning who may indorse a note. However, the UCC does provide in 12A O.S. 2001, § 3-308 (a), “[i]f the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature.” The present action is not one to enforce the liability of a purported signer who is dead or incompetent.

¶ 21 Appellants also contend there is no proof the assignment of mortgage to RAHI, which was executed by Sand Canyon Corporation, f/k/a Option One Mortgage Corporation (Sand Canyon), is valid because there is no evidence that Sand Canyon succeeded Option One Mortgage Corporation, and the lender indorsed the note to Option One Mortgage not Option One Mortgage Corporation. Appellee argues the assignment of the mortgage is inconclusive because it is intended only to protect the assignee.^[15] Further, appellee emphasizes the note is the controlling factor and the mortgage follows the note when the note is assigned.^[16] We agree. In the present case, appellee claims to be the holder of the note. The note and not the assignment of mortgage is the vehicle appellee is using to establish it is a holder of the note. In a case where a party is alleging it is entitled to enforce a note as a nonholder in possession who has the rights of a holder, an assignment of mortgage which also assigns the note may be evidence of the purpose of the transfer.^[17] However, here the assignment of mortgage does not purport to assign the note and appellee is not claiming to be a nonholder in possession who has the rights of a holder. Appellee has consistently asserted its position in their pleadings as the holder of the note.

¶ 22 We also need to address the conflict between Court of Civil Appeals’ divisions. In the present matter, the Court of Civil Appeals, Division II, found that “RAHI could prevail in a foreclosure action even if it had chosen not to pursue or was ultimately unsuccessful in its pursuit of a money judgment against the Adamses on the note.” COCA admits it deviated from a decision of the Oklahoma Court of Civil Appeals, Division I,^[18] which reversed a summary judgment that was in favor of a lender because there was a dispute of fact regarding ownership of the note. That court held “in Oklahoma it is not possible to bifurcate the security interest from the note,” and “assignment of the mortgage to one other than the holder of the note is of no effect.” COCA found that in order for the appellants to prevail they must prove that RAHI owns neither the note nor the mortgage. COCA cites several cases holding an action to foreclose a mortgage may be maintained without seeking a personal judgment for the mortgage indebtedness; the facts of the cases relied upon demonstrate the notes were not considered to be invalid and the plaintiff elected not to pursue a personal judgment.^[19] COCA found that the note and mortgage are distinct instruments enforceable under different titles of the Oklahoma Statutes.^[20] They cite 42 O.S. 2001, §172, which provides “[a]ny lien provided for by this chapter may be enforced by civil action in the district court of the county in which the land is situated.” The implication being, if a note which is secured by a mortgage is found invalid, the owner of the mortgage can still foreclose the mortgage. However, the facts of the cases relied upon by the Court of Civil Appeals do not support such a conclusion. For example, in Irwin v. Sands, 1953 OK 383, 265 P.2d 1097, the plaintiff was the holder of the note and mortgage and instituted an action to recover a money judgment on the note and to foreclose the mortgage. After the commencement of the case, the plaintiff chose not to pursue a personal judgment, but instead to foreclose the mortgage. The cases cited do not stand for the proposition that a person who owns a mortgage may foreclose without also being a person entitled to enforce the note. Foreclosure of the mortgage and subsequent sale of the asset may satisfy all or part of the amount owed a plaintiff as evidenced in the note. It is up to the plaintiff to elect whether or not to seek a personal judgment in the amount of any deficiency.^[21]

¶ 23 Several decisions of this Court have been adopted subsequent to COCA’s opinion.^[22] In these opinions we reviewed the Division I decision, BAC Home Loans Servicing, L.P. v. White, 2011 OK CIV APP 35, 256 P.3d 1014, and have agreed with the analysis. We hold, once again, in Oklahoma it is not possible to bifurcate the security interest from the note and proof of ownership of the note carries with it ownership of the mortgage.^[23] To foreclose the mortgage one must be a person entitled to enforce the note which is secured by the mortgage. The mortgage is merely incidental to the note and without the note there could be no default of an obligation, and thus, no basis for a foreclosure action. COCA’s statement that the appellants must prove appellee owns neither the note nor the mortgage in order to prevail suggests that if the note was found to be invalid, i.e., because of the challenged indorsements, appellee could still foreclose if it had a valid assignment of mortgage. This is incorrect. To prevail, appellants need only show that appellee is not a person entitled to enforce the note.^[24]

¶ 24 Finally, appellants ask whether it was proper for the trial court to assume the alleged indorsement to Option One Mortgage was an indorsement to Option One Mortgage Corporation, absent evidence such names are for the same entity. Gateway, specially indorsed the note to Option One Mortgage. An allonge was attached to the note that included an indorsement in blank executed by Option One Mortgage Corporation. The significance of the trial court’s assumption is that it made a clear connection between the note and RAHI. By assuming Option One Mortgage and Option One Mortgage Corporation are the same entity, it established RAHI as a holder due to RAHI possessing a blank indorsed note. Court of Civil Appeals found this issue to be immaterial relying upon the provisions of 12A O.S. 2001, 3-115. This section provides “(a) `Incomplete instrument’ means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.” However, it cannot be determined without fact finding whether the reference in the original indorsement to Option One Mortgage was incomplete. This Court has previously held that “[i]t must be remembered, neither this Court [n]or a trial court weighs the evidence on a motion for summary judgment and it is not the purpose of such procedure to substitute a trial by affidavit for a trial according to law. Weighing of evidence is a function for the jury and, in a non-jury case, for the trial judge after an appropriate trial of the issues.”^[25] The summary judgment process is for determining issues of law where the facts are not controverted. There should be no weighing of the evidence as to controverted facts in order to determine a motion for summary judgment.

¶ 25 We do not have a transcript of the June 29, 2010, hearing in the record, assuming one was even made. We cannot determine what evidence was presented, including any concerning whether or not Option One Mortgage and Option One Mortgage Corporation are the same entity. It does, however, appear from the filed record that there is at least one issue of material fact and summary judgment was inappropriate.

CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS OPINION VACATED; DISTRICT COURT’S DISPOSITION BY SUMMARY JUDGMENT REVERSED AND CAUSE REMANDED FOR FURTHER PROCEEDINGS

¶ 26 CONCUR: TAYLOR, C.J., KAUGER, WATT, EDMONDSON, REIF, COMBS, JJ.

¶ 27 DISSENT: WINCHESTER (JOINS GURICH, J.), GURICH (BY SEPARATE WRITING), JJ.

¶ 28 NOT PARTICIPATING: COLBERT, V.C.J.

GURICH, J., with whom WINCHESTER, J. joins dissenting:

¶ 1 I respectfully dissent. The majority reverses and remands this case because it cannot determine from the record whether the indorsement to Option One Mortgage was an indorsement to Option One Mortgage Corporation. No evidence is present in the record because the Defendants failed to present any evidence at summary judgment that created a question of fact as to whether the entities were the same. Furthermore, the Defendants cannot raise this issue because only RAHI Real Estate Holdings, the substitute plaintiff, had the authority to require the signatures from both Option One entities. See 12A O.S. 2001 § 3-204(d). RAHI Real Estate Holdings was the proper party to pursue the foreclosure and presented the proper documentation at summary judgment to prove such. Because no issues of material fact remain and summary judgment was properly granted in this case, I would affirm the trial court and the Court of Civil Appeals for the reasons stated in my dissenting opinions in Deutsche Bank National Trust Co. v. Matthews, 2012 OK 14, ___ P.3d ___ (Gurich, J., dissenting) and Bank of America, NA v. Kabba, 2012 OK 23, ___ P.3d ___ (Gurich, J., dissenting).^[1]

[1] The First Amended Petition refers to “plaintiff” as Residential and not “substitute plaintiff” RAHI. The caption still refers to Residential as plaintiff and RAHI as substitute plaintiff. This pleading was executed by Steven A. Heath as attorney for plaintiff on July 23, 2009, four days before the order granting substitution.

[2] Okla. Dist. Ct. R. 13(d), 12 O.S. Supp. 2002, ch.2, app., “Should it appear from an affidavit of a party opposing the motion that for reasons stated the party cannot present evidentiary material sufficient to support the opposition, the court may deny the motion for summary judgment or summary disposition without prejudice or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. A motion filed pursuant to this paragraph shall not be deemed a consent to the exercise by the court of jurisdiction over the party, or a waiver of the right to file a motion to dismiss the action.”

[3] They cite 12A O.S. Supp. 2001, § 3-301(b) (sic); §3-201(b) “. . . if an instrument is payable to an identified person, negotiation requires transfer and possession of the instrument and its indorsement by the holder. . . “

[4] 16 O.S. 2001, § 93. “Every deed or other instrument affecting real estate made by a corporation must have the name of such corporation subscribed thereto either by an attorney-in-fact, president, vice-president, chairman or vice-chairman of the board of directors of such corporation.”

[5] 12A O.S. 2001, 3-203(b). “Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.”

[6] An order that grants summary relief, in whole or in part, disposes solely of law questions. It is thus reviewable by a de novo standard. Brown v. Nicholson, 1997 OK 32, ¶5, 935 P.2d 319, 321. See also Kluver v. Weatherford Hosp. Auth., 1993 OK 85, ¶14, 859 P.2d 1081, 1083 (“Issues of law are reviewable by a de novo standard and an appellate court claims for itself plenary, independent and non-deferential authority to re-examine a trial court’s legal rulings. . .”).

[7] Carmichael v. Beller, 1996 OK 48, ¶2, 914 P.2d 1051, 1053.

[8] Polymer Fabricating, Inc. v. Employers Workers’ Compensation Ass’n., 1998 OK 113, ¶8, 980 P.2d 109, 113.

[9] Perry v. Green, 1970 OK 70, ¶28; 468 P.2d 483, 489.

[10] Id.; Hulsey v. Mid-America Preferred Ins. Co., 1989 OK 107, 777 P.2d 932, 936 n. 15.

[11] State ex rel. Fent v. State ex rel. Oklahoma Water Resources Board, 2003 OK 29, ¶14, 66 P.3d 432, 440. Spirgis v. Circle K Stores, Inc., 1987 OK CIV APP 45, ¶10,743 P.2d 682,685 (approved for publication by the Oklahoma Supreme Court).

[12] 12A O.S. 2001, §3-301. There are three ways to be a “person entitled to enforce” a note. The most common way is to be the “holder” of the note. The second way is to be a “nonholder in possession” of the note who has the rights of a holder. The third way is not very common and pertains to person who is not in possession of the note but is entitled to enforce the note. This is based upon a person not being reasonably able to obtain possession of the note because it was lost, destroyed or in the wrongful possession of another.

[13] 12A O.S. §§ 1-101 through 11-107.

[14] 12A O.S. 2001, §3-104(e).

[15] Chase v. Commerce Trust Co., 1923 OK 676, 244 P. 148.

[16] Gill v. First National Bank & Trust Co., 1945 OK 181, 159 P.2d 717.

[17] Transfer of a note occurs when it is delivered by a person other than its issuer (maker/payor) for the purpose of giving to the person receiving delivery the right to enforce the instrument. 12A O.S. 2001, § 3-203(a). Delivery means a voluntary transfer of possession. 12A O.S. 2001, § 1-201(b)(15).

[18] BAC Home Loans Servicing, L.P. v. White, 2011 OK CIV APP 35, ¶10, 256 P.3d 1014, 1017.

[19] Irwin v. Sands, 1953 OK 383, ¶16, 265 P.2d 1097, 1110; Hooks v. Berry-Hart Co., 1928 OK 700, ¶0, 274 P. 657 (Syllabus 1); and Cahill v. Kilgore, 1960 OK 88, ¶10, 350 P.2d 928, 931.

[20] Title 42 concerning liens; Title 46 concerning mortgages; and Title 12A concerning the UCC.

[21] 12 O.S. 2001, § 686; “. . . Simultaneously with the making of a motion for an order confirming the sale or in any event within ninety (90) days after the date of the sale, the party to whom such residue shall be owing may make a motion in the action for leave to enter a post-judgment deficiency order. . .”

[22] Deutsche Bank National Trust Company v. Matthews, 2012 OK 14, ¶5, ___ P.3d ___, 2012 WL 621356; Deutsche Bank National Trust Company v. Richardson, 2012 OK 15, ¶6, ___ P.3d ___, 2012 WL 622492.

[23] Engle v. Federal Nat. Mortg. Ass’n, 1956 OK 176, 300 P.2d 997.

[24] 12A O.S. 2001, § 3-301 provides, as follows: “Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 12A-3-309or subsection (d) of Section 12A-3-418 of this title. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.”

[25] Prudential Ins. Co. of America v. Glass, 1998 OK 52, ¶3, 959 P.2d 586, 588.

[1] Although I originally concurred in the majority opinion in Deutsche Bank National Trust v. Brumbaugh, 2012 OK 3, ___ P.3d ___, after further consideration, I disagree with the majority’s analysis in that case, and my views on the issues in these cases are accurately reflected in J.P. Morgan Chase Bank N.A. v. Eldridge, 2012 OK 24, ___ P.3d ___ (Gurich, J., concurring in part and dissenting in part); Kabba, 2012 OK 23, ___ P.3d ___ (Gurich, J., dissenting); CPT Asset Backed Certificates, Series 2004-EC1 v. Kham, 2012 OK 22, ___ P.3d ___ (Gurich, J., dissenting); Deutsche Bank National Trust Co. v. Richardson, 2012 OK 15, ___ P.3d ___ (Gurich, J., concurring in part and dissenting in part); and Matthews, 2012 OK 14, ___ P.3d ___ (Gurich, J., dissenting).

via: Mario Kenny

Excerpts:

Q. Would Litton have reached out to — I’m going to
13 call it MERS in place of Mortgage Electronic
14 Registration Systems. Would Litton have reached out to
15 MERS to execute this assignment?
16 A. Actually, Marti Noriega and Denise Bailey are
17 employed by Litton Loan Servicing. They have authority
18 to sign on behalf of MERS.
19 Q. Does either of those parties have authority to
20 sign on behalf of Accredited Home Lenders?
21 A. No, not to my knowledge.
22 Q. Do you know if Accredited Home Lenders was still
23 in place on the date that this assignment of mortgage
24 was executed?

THE WITNESS: I’m not certain of Accredited
2 Home Lenders’ status at this time.
3 BY MR. KORTE:
4 Q. As of April of 2009, are you aware if Accredited
5 Home Lenders was in bankruptcy?
6 A. I don’t know what their status was.
7 Q. Are there any other assignments of mortgage other
8 than this one as Composite Exhibit C that you’re aware
9 of?
10 A. No.

<SNIP>

Q. Well, is this Allonge a copy of the Allonge; or
3 is this the original Allonge copied with the correct
4 endorsement?
5 A. The only way I could verify that is to see the
6 actual, original note which is on file with the court.
7 Q. Do you know why the Allonges are different from
8 the one that was filed with the complaint and the one
9 that was filed with the court several months later?
10 A. No, I do not.

Continue below to the Depo…

[ipaper docId=51195445 access_key=key-1bsict46c55yuol0q8ge height=600 width=600 /]

In re: SIMEON MORENO, Chapter 13, Debtor

Case No. 08-17715-FJB.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

May 24, 2010.

MEMORANDUM OF DECISION ON MOTION OF PROPERTY ASSET MANAGEMENT, INC. FOR RELIEF FROM THE AUTOMATIC STAY

FRANK J. BAILEY, Bankruptcy Judge

In the Chapter 13 case of debtor Simeon Moreno, Property Asset Management, Inc. (“PAM”), claiming to be the assignee of a mortgage originally given by the debtor to Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for lender GE Money Bank, moved for relief from the automatic stay to foreclose the mortgage. Moreno initially opposed the motion but then withdrew his objection, whereupon the Court granted the relief requested. Months later, at Moreno’s request, the Court vacated the order granting relief from stay and scheduled an evidentiary hearing on the Motion for Relief from Stay for the limited purpose of reconsidering whether PAM had an interest in the mortgage it sought to foreclose and, to that extent, standing to seek relief from stay.^[1] Having held the evidentiary hearing and received proposed findings and conclusions, the Court now enters the following findings of fact and conclusions of law.

Findings of Fact and Procedural History

On January 23, 2007, Moreno executed a promissory note in the principal amount of $492,000, payable to lender GE Money Bank. GE subsequently endorsed the note in blank, whereupon possession of the note was transferred through a series of holders and ultimately to Lehman Brothers Holdings, Inc. (“LBHI”), who held the note when PAM filed its Motion for Relief from Stay and continues to hold it now.^[2] LBHI, through one of its employees and through LBHI’s attorney, who not coincidentally also is PAM’s attorney in the present matter, produced the original note at the evidentiary hearing. PAM is not now a holder of the note or an entity for whose benefit another has held the note.

To secure the promissory note, Moreno gave a mortgage on the real property at 5 Maple Street, West Roxbury, Massachusetts (the “Property”) to MERS as nominee for GE (the “Mortgage”). The Mortgage specifies that MERS “is a separate corporation that is acting solely as a nominee for [GE] and [GE’s] successors and assigns. MERS is the mortgagee under this security instrument.” The Mortgage further provides that Moreno does hereby mortgage, grant and convey to MERS (solely as nominee for [GE] and [GE’s] successors and assigns) and to the successors and assigns of MERS, with power of sale, the [Property]. . . . Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for [GE] and [GE’s] successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of [GE] including, but not limited to, releasing and canceling this Security Instrument.

The Mortgage was duly recorded.

MERS administers an electronic registry to track the transfer of ownership interest and servicing rights in mortgage loans. With respect to certain loans of which its members are the beneficial owners, MERS also serves as mortgagee of record and holds legal title to the mortgages in a nominee capacity. MERS remains the mortgagee of record when beneficial ownership interests or servicing rights are sold from one member of the MERS system to another. When the beneficial interest in a mortgage loan is transferred from one member of the MERS system to another, MERS tracks the transfer through its internal records. When rights are transferred from a member of the MERS system to a non-member, MERS executes and records an assignment from MERS to the non-member.

To facilitate the execution of the assignments from MERS, MERS designates “certifying officers,” who are typically employees of MERS member firms. MERS authorizes these employees, through formal corporate resolutions, to execute assignments on behalf of MERS. On or about January 6, 2005, MERS, through a document entitled Corporate Resolution and issued by its board of directors, authorized Denise Bailey, an employee of Litton Loan Servicing L.P. (“Litton”), a member of MERS, to execute such assignments on behalf of MERS. In the language of the authorizing document (the “MERS Authorization”),^[3] Ms. Bailey was authorized to, among other things, “assign the lien of any mortgage loan naming MERS as the mortgagee when the Member [Litton] is also the current promissory note-holder, or if the mortgage loan is registered on the MERS System, is shown [sic] to be registered to the Member”^[4]; and Ms. Bailey was further authorized to “take any such actions and execute such documents as may be necessary to fulfill the Member’s servicing obligations to the beneficial owner of such mortgage loan (including mortgage loans that are removed from the MERS System as a result of the transfer thereof to a non-member of MERS).” In each instance, Bailey’s authority to act is dependent on the existence of a specified relationship of Litton, the MERS member for whom she is employed, to the loan in question.

The Moreno loan was entered into the MERS tracking database in the ordinary course of business. Thereafter, MERS tracked the beneficial interest in the loan. The beneficial interest was transferred from G.E. Money Bank to WMC Mortgage Corporation; then, on September 19, 2007, from WMC Mortgage Corporation to Aurora Bank FSB (formerly known as Lehman Brothers Bank FSB), and then, on July 30, 2008, from Aurora Bank FSB to LBHI. Aurora Bank was at all relevant times a wholly-owned subsidiary of LBHI.

With respect to the Moreno Mortgage, MERS remained the mortgagee of record until, on or about April 30, 2008, MERS, acting through Denise Bailey, assigned the Mortgage to PAM. At the time, Aurora Bank FSB was the beneficial owner of the loan. In executing the MERS assignment to PAM, Ms. Bailey purported to be acting under her MERS Authorization.

The MERS Authorization limited Ms. Bailey’s authority to act for MERS to matters with respect to which Litton was involved in at least one of the ways specified in the above-quoted language from the MERS Authorization. There is evidence, and I find, that Aurora Bank FSB had requested that Litton transfer the loan from MERS to PAM in anticipation of foreclosure. However, PAM has adduced no evidence that Litton had any specified connection to this loan at the time it executed this assignment. There is no evidence that Litton was then (or at any time) the servicer of the loan for Aurora Bank or that Litton was registered as servicer of the loan in the MERS system.^[5] (PAM does not contend that Litton was the holder of the promissory note or the owner of the beneficial interest in the loan.)

Scott Drosdick, a vice-president of LBHI and witness for PAM at the evidentiary hearing, testified that Aurora Bank’s instruction to Litton to transfer the mortgage to PAM was later “ratified by LBHI.” Drosdick did not explain what he meant by this, precisely how and when this ratification occurred. Absent such evidence and clarification, this testimony is too vague to have any definite meaning; accordingly I give it no weight.

By a master servicing agreement dated February 1, 1999, LBHI engaged Aurora Loan Services, Inc., now known as Aurora Loan Services LLC (“ALS”), as master servicer of certain loans, including eventually the present Moreno loan. In turn, ALS engaged Litton to service certain loans, including eventually this same loan.

After Bailey executed the MERS assignment to PAM, Bailey executed another assignment of the same mortgage from MERS to LBHI. This second assignment was never recorded; nor is there evidence that it was ever delivered by MERS to LBHI.

Moreno filed a petition for relief under Chapter 13 of the Bankruptcy Code on October 13, 2008, commencing the present bankruptcy case. On November 13, 2008, LBHI, acting through its servicer Litton Loan Servicing, LP, filed a proof of claim in this case; the proof of claim asserts a claim, secured by real estate, in the total amount of $530,168.04, the same secured claim as PAM now seeks relief from stay to enforce by foreclosure. On the proof of claim form itself, Litton actually identifies the creditor claimant as simply “Litton,” but on an explanatory document attached to the proof of claim form, Litton states that the claim is filed by “Litton Loan Servicing, LP, as Servicing Agent for Lehman Brothers Holdings Inc.” The proof of claim does not mention PAM or indicate in any way that the mortgage securing the claim is held by anyone other than LBHI.

On March 31, 2009, and at LBHI’s direction, PAM filed the present motion for relief from the automatic stay, seeking relief from the automatic stay to foreclose and to preserve its rights as to a potential deficiency. PAM intends and is obligated to remit the proceeds of the intended foreclosure sale to Aurora Loan Services LLC, as servicer for LBHI. Regarding ownership of the note and Mortgage, PAM stated in the motion only that it was the holder of a mortgage originally given by Moreno to MERS, that the mortgage secured a note given by Moreno to GE, and that MERS had assigned the mortgage to PAM. PAM did not indicate that LBHI was the current holder of the note or that it held the mortgage as nominee for the benefit of LBHI or of any other entity. The motion did not mention LBHI.

Moreno filed a response to the motion, in essence an objection, in which he expressly admitted PAM’s allegation that his prepetition arrearage was $39,442.49 and, by lack of denial, tacitly admitted that Moreno was some four months in arrears on his postpetition payments under the mortgage. By these allegations and admissions, PAM has established that Moreno is in default on his mortgage loan obligations; the Court rejects Moreno’s request for a finding that PAM has not established a default. The response made no issue of PAM’s standing to foreclose or to seek relief from stay and did not dispute PAM’s allegations regarding ownership of the note and Mortgage. In any event, before a hearing was held on the motion, Moreno, through counsel, withdrew his objection. Consequently, on April 28, 2009, and without a hearing or any review of apparent inconsistencies in the bankruptcy record concerning ownership of the mortgage and note, the court granted PAM relief from the automatic stay to foreclose and to preserve its rights as to a potential deficiency.

PAM had not yet foreclosed when, on December 2, 2009 and by new counsel, Moreno filed an adversary complaint against PAM and, with it, a motion for preliminary injunction. The complaint sought among other things (i) an order invalidating the mortgage on account of irregularities in its origination and (ii) a declaration that PAM was not the holder of the mortgage and note. In the motion for preliminary injunction, Moreno asked that the foreclosure be stayed, or that the automatic stay be reimposed, pending disposition of the adversary proceeding. On December 7, 2009, after a hearing on the motion for preliminary injunction, the Court found that the motion was, in part, essentially one to vacate the order granting relief from the automatic stay, vacated that order, and scheduled an evidentiary hearing on the motion for relief. The order specified that the sole issue at the evidentiary hearing would be PAM’s standing to seek relief from the automatic stay, all other issues under 11 U.S.C. § 362(d) being deemed established. After discovery, the evidentiary hearing was held on April 8, 2010, and, with the submission of proposed findings and conclusions, the matter was then taken under advisement.

Discussion

As the party seeking relief from stay to foreclose a mortgage on the debtor’s property, PAM bears the burden of proving that it has authority under applicable state law to foreclose the mortgage in question and, by virtue of that authority, standing to move for relief from the automatic stay to foreclose. PAM contends that it has such authority and standing because, although it does not hold the promissory note that the mortgage secures, it does have title to the mortgage itself; and it holds that title as nominee of and for the benefit of the note holder, LBHI, and is foreclosing for LBHI. In these circumstances, PAM contends, a mortgagee has a right under Massachusetts law to foreclose for the benefit of the note holder and therefore standing to move for relief from stay to foreclose. The Debtor objects, arguing (among other things) that Massachusetts law prohibits foreclosure by one who holds only the mortgage and not the note it secures. I need not address the merits of this and other objections because, even if the theory is a valid one, it requires proof that PAM is the present title holder of the mortgage, and PAM has not carried its burden in this regard.

To show that it presently holds the mortgage, PAM must show a valid assignment of the mortgage from MERS to itself. PAM contends that it holds the mortgage by assignment from MERS. Accordingly, PAM must show that the assignment, which was executed for MERS by Denise Bailey, was within the scope of Bailey’s limited authority to act for MERS.

Ms. Bailey’s authority to act for MERS is defined in the MERS Authorization in seven enumerated paragraphs. In each, Ms. Bailey’s authority to act is dependent on the existence of a specified relationship of Litton, the MERS member by whom she is employed, to the loan in question. PAM has submitted no evidence of the existence of any such relationship. The beneficial owner of the loan at the time of the assignment was Aurora Bank FSB, but there is no evidence that Litton was at the time the servicer of the loan for Aurora Bank FSB or was registered with MERS as such. The Court does not find that Aurora Bank FSB had not retained Litton as its servicer; there is simply no evidence on the issue. But the burden is on PAM to prove that it had, and PAM has not adduced evidence to that effect.

Accordingly, by a separate order, the Court will deny PAM’s motion for relief from the automatic stay without prejudice to renewal upon proper proof.

[1] All other issues were resolved upon entry of the original order granting relief from stay. No cause has been adduced to revisit any but the narrow issue of standing.

[2] Moreno contends that LBHI, which is in bankruptcy proceedings of its own, may have sold its interest in the note through a court-approved sale in its bankruptcy case. However, Moreno does not contend that possession of the note has passed from LBHI to the alleged purchaser (or any nominee of the purchaser), and therefore the alleged possible sale is irrelevant, as possession undisputedly remains in LBHI. In any event, Moreno attempted to establish the fact of the alleged sale by designating certain documents on the docket of the LBHI case and asking the Court to take judicial notice of these and then to find them on its own and to determine from them whether the promissory note in question was among the assets transferred. Having found the alleged sale to be irrelevant, the Court declined to take judicial notice of the bankruptcy documents. However, the proffer also failed for two additional reasons: first, that Moreno did not take a position as to whether a sale did occur, only that the Moreno note may have been among those transferred in the sale; and second, even if the court had taken judicial notice as requested, it remained Moreno’s obligation, which he has not fulfilled, to produce the documents in question and to explain in the first instance how one would conclude from them that the asset in question was among those transferred.

[3] MERS Corporate Resolution, attached to Bailey Affidavit as Exhibit 1.

[4] The grammatical difficulty in this second clause is native to the authorizing document.

[5] The original affidavit of Scott Drosdick includes the following two sentences:

By Master Servicing Agreement dated February 1, 1999, LBHI engaged Aurora Bank FSB (f/k/a Lehman Brothers Bank FSB), to master service, among other things, the Loan [the Moreno loan]. In turn, Aurora Bank FSB engaged Litton pursuant to a Flow Subservicing Agreement dated October 1, 2007, to service the loan.”

By an amendment to the affidavit and in testimony, Drosdick later amended his affidavit to correct this passage by striking Aurora Bank FSB from the first sentence and in its place inserting Aurora Loan Services LLC. Drosdick did not expressly change the second sentence, but that sentence, which begins with the critical words “in turn,” would be nonsensical unless the same substitution—Aurora Loan Services LLC for Aurora Bank FSB—were also made in the second sentence. Therefore, though the second sentence might perhaps be read in isolation as evidence that Litton was servicing the loan for Aurora Bank FSB at the time when Bailey executed the assignment, that sentence cannot credibly be so construed.

False Statements

R.K. Arnold
Mortgage Electronic Registration Systems

Action Date: November 18, 2010
Location: WASHINGTON, DC

As the many problems (frauds) are exposed regarding documents used by mortgage-backed trusts in foreclosures, some revelations stand out. Literally millions of foreclosures by mortgage-backed trusts hinge on a Mortgage Assignment signed by an officer of Mortgage Electronic Registration Systems (“MERS”) showing that the mortgage in question was transferred to the trust by MERS. The “MERS officer” who signs the Mortgage Assignment is actually most often an employee of a mortgage servicing company that is paid by the trust.

MERS itself has only 50 employees and they are not involved in signing mortgage assignments to trusts. These servicing company employees sign as officers of MERS “as nominee for” a particular mortgage company or bank. They are not employees of the mortgage companies or employees of the original named lender, but their titles on the Mortgage Assignment belie this and typically read: “Linda Green, Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit.”

MERS president R.K. Arnold testified in Senate testimony earlier this week that there are over 20,000 MERS “certifying officers.” To become a MERS certifying officer, a mortgage servicing company employee need only complete an online form and pay $25.00. Because of the concealment of the actual employer on the Mortgage Assignments, it is easy enough for Courts, and homeowners, to believe that they are examining a document prepared by the lender that sold the mortgage to the trust, when, in fact, the signer was a servicing company clerk paid by the trust itself.

The representative of the GRANTOR is, in truth, a paid employee of the GRANTEE. In hundreds of thousands of cases, the authority is, therefore, misrepresented. It is now also coming to light that in tens of thousands of cases, the individuals signing these forms did not even sign their own names. The documents were made to look official because other mortgage servicing company employees signed as witnesses and then all four “signatures” were notarized by yet another mortgage servicing company employee. The titles were false, the signatures were forged, the “witnessing” was a lie, as was the notarization. Despite all of these false statements, the BIGGEST LIE on these documents is that the trust acquired the mortgage on the date stated plainly on the Mortgage Assignment. In truth, no such transfers ever took place as represented by these MERS certifying officers (or their stand-in forgers). The date chosen almost always corresponds not to an actual transfer, but to the date roughly corresponding to the time the loan went into default. The Mortgage Assignment was prepared only to provide “proof” that the trust owned the mortgage. Until courts require Trusts to come forward with actual proof that they acquired the mortgages in question, specifying whom they paid and how much they paid for each such trust-owned mortgage, the actual owner of these mortgages will never be known.

In response to the exposure of the widespread fraud in the securitization process, the American Bankers Association issued a statement essentially saying that Mortgage Assignments were unnecessary. Investors and regulators were told, however, that the trusts owned the mortgages and notes in each pool of mortgages and that valid Assignments of Mortgages had been obtained. Where the proof of ownership put forth by the trusts is a sworn statement by a MERS “certifying officer” who had no knowledge whatsoever of the transactions involved and did not even review documents related to the transactions, such proof of ownership should be deemed worthless by the Courts. Other litigants are not allowed to manufacture their own evidence and offer it as proof at trial – there should be no exception for mortgage-backed trusts.

In particular, where the “MERS Certifying Officer” is actually an employee of the law firm hired to handle the foreclosure, such documents should be stricken and sanctioned. “MERS Certifying Officers” should be the next group required to testify before Congress. Here are the statistics for one Florida county, Palm Beach County, regarding the number of Mortgage Assignments filed by Mortgage Electronic Registration Systems: January, 2009: 1,164; February, 2009: February, 2009: 1,230; March, 2009: March, 2009: 1,113. An examination of just one day’s (March 31, 2009) filed Mortgage Assignments reveals that the signers of these Assignments are the very same mortgage servicing company employees who signed the “no-actual knowledge” Affidavits that triggered the national scrutiny: Jeffrey Stephan from Ally, Erica Johnson-Seck from IndyMac, Crystal Moore from Nationwide Title Clearing, Liquenda Allotey from Lender Processing Services, Denise Bailey from Litton Loan Services, Noriko Colston, Krystal Hall, and other well-known professional signers from the mortgage servicing industry. The most frequent signers from that particular day were two lawyers, associates in the law firm representing the trusts, who signed as Assistant Secretary for Mortgage Electronic Registration Systems.

False Statements

Bank of America
Florida Default Law Group
Law Offices of David Stern
Lender Processing Services
Litton Loan Servicing, LP
Cheryl Samons
Security Connections, Inc.

Action Date: October 10, 2010
Location: Charlotte, NC

On October 8, 2010, Bank of America announced it was extending its suspension of foreclosures to all 50 states. A review of the documents used by Bank of America to foreclose readily shows why this was the only appropriate action for Bank of America. In thousands of cases, Bank of America has used Mortgage Assignments specially prepared just for foreclosure litigation. On these assignments, the identity of the mortgage company officer assigning the mortgage to BOA is wrongly stated. Who has signed most frequently as mortgage officers on mortgage assignments used by BOA to foreclose? Regular signers include the “robo-signers” from Lender Processing Services in both Alpharetta, Georgia and Mendota Heights, Minnesota. LPS employees Liquenda Allotey, Greg Allen, John Cody and others, using dozens of different corporate titles, sign mortgage assignments stating BOA has acquired certain mortgages. When the mortgages involved originated from First Franklin Bank, BOA used Security Connections, Inc. in Idaho Falls, Idaho. Employees Melissa Hively, Vicki Sorg and Krystal Hall also signed for many different corporations for BOA. Litton Loan Servicing in Houston, Texas, a company owned by Goldman Sachs, also produced documents as needed by BOA, usually signed by Denise Bailey, Diane Dixon or Marti Noriega signing as officers of at least a dozen different mortgage companies and banks. BOA also has used mortgage assignments signed by Cheryl Samons, the office administrator for the Law Offices of David Stern, who has admitted to signing thousands of mortgage documents each month with no actual knowledge of the contents. On other cases, employees of the law firm Florida Default Law Group have signed for BOA, using various titles, including claiming to be Vice Presidents of Wells Fargo Bank, all while failing to disclose they actually worked for Florida Default. in most of these cases, BOA is acting as Trustee for residential mortgage-backed securitized trusts. These trusts are claiming to have acquired the mortgages in 2009 and 2010, even though the trusts deadline for acquiring mortgages was often in 2006 and 2007. In hundreds of cases, the mortgage assignments presented by BOA are actually signed months AFTER the foreclosure actions were commenced. At least 50 trusts using BOA as Trustee are involved in using these fraudulent documents. Each trust has between $1.5 billion and $2 billion of mortgages. The BOA documents have been used in thousands of cases, pending and completed, for at least three years. This massive problem cannot be “fixed” in 90 days, but a nationwide suspension of foreclosures is a good, responsible beginning.

MORTGAGE SERVICING COMPANIES

PREPARING “ REPLACEMENT” MORTGAGE ASSIGNMENTS

By Lynn E. Szymoniak, Esq., Ed. Fraud Digest, May 6, 2010

CALIFORNIA – ORANGE COUNTY

Carrington Mortgage Services, LLC

Tom Croft and others

CALIFORNIA – SAN DIEGO COUNTY

Chase Home Finance

FLORIDA – BROWARD COUNTY

Patricia Arango, Caryn Graham and others

Law Offices of Marshal Watson

FLORIDA – BROWARD COUNTY

Cheryl Samons, Beth Cerni and others

Law Offices of David Stern

FLORIDA – DUVAL COUNTY

Lender Processing Services

Valerie Broom, Margaret Dalton, Michele Halyard, Michael Hunt, Joseph

Kaminsky, Kathy Smith, Coleman Stokes and others

FLORIDA- HILLSBOROUGH COUNTY

Florida Default Law Group or Law Offices of Daniel Consuegra

FLORIDA – PALM BEACH COUNTY

Ocwen Loan Servicing

Scott Anderson, Oscar Taveras, Doris Chapman, Jonathan Burgess, Laura

Buxton and others

FLORIDA – PINELLAS COUNTY

Nationwide Title Clearing

Bryan Bly, Vilma Castro, Dhurato Doko, Jessica Fretwell and others

GEORGIA – FULTON COUNTY

Lender Processing Services

Linda Green, Korell Harp, Jessice Ohde, Linda Thoresen, Tywanna Thomas,

Cheryl Thomas, Christie Baldwin and others

MINNESOTA -DAKOTA COUNTY

Lender Processing Services

Liquenda Allotey, Topeka Love, Christine Anderson, Christine Allen, Eric Tate

OHIO – FRANKLIN COUNTY

Chase Home Finance

Christina Trowbridge, Whitney Cook and others

PENNSYLVANIA – ALLEGHANY COUNTY

Home Loan Services, Inc.

PENNSYLVANIA – MONTGOMERY COUNTY

GMAC (and Homecomings Financial)

Jeffrey Stephan, John Kerr and others

SOUTH CAROLINA – YORK COUNTY

America’s Servicing Company

John Kennerty, China Brown and others

TEXAS – COLLIN COUNTY

BAC Home Loan Servicing, f/k/a Countrywide Home Loans Servicing, LP

TEXAS – DALLAS COUNTY (COPPELL, TX)

American Home Mortgage Servicing

TEXAS – HARRIS COUNTY

Litton Loan Servicing, LP

Marti Noriega, Denise Bailey, Diane Dixon and others

TEXAS – TARRANT COUNTY

Saxon Mortgage Services

TEXAS – TRAVIS COUNTY

IndyMac Bank Home Loan Servicing

Brian Burnett, Kristen Kemp, Suchan Murray, Chamagne Williams and others

TEXAS – WILLIAMSON COUNTY

IndyMac Bank (years after IndyMac Bank, F.S.B. ceased to exist, many of the signers will sign as officers of IndyMac Bank, F.S.B. (the entity that should have made the assignment to the trust years ealier)

Erica A. Johnson-Seck, Dennis Kirkpatick, Eric Friedman and others

UTAH

SALT LAKE COUNTY

Select Portfolio Servicing

Luisa Alfonso, Bill Koch and others

Many mortgage-backed securitized trusts are missing critical documents needed to foreclose – i.e., the mortgage assignment. An excellent discussion of this is found in the decision of Massachusetts Land Court Judge Keith Long reaffirming a 2009 ruling (Ibanez) that invalidated foreclosures on two properties because the lenders did not hold clear title to the properties at the time of the foreclosure sale. Mortgage assignments were a key issue in Ibanez, a case that involved ineffective assignments to the Trust. Judge Long noted:

…the plaintiffs’ own securitization documents required mortgage assignments to be made to the plaintiffs in recordable form for each and every loan at the time the plaintiffs acquired them. Surely, compliance with this requirement would (and certainly should) have been a priority for an entity issuing securities dependent on recoveries from loans, such as these, known from the start to have a higher than normal risk of delinquency and default. U.S. BANK, N.A. v. Antonio Ibanez, et al., Commonwealth of Massachusetts, Land Court Dept., 08 MISC 384283 (KCL).

This Ibanez decision and many others deal with the issue of mortgage assignments prepared years after the closing date of the trust, usually when the Trustee or mortgage servicer has realized that the Trust does not have the assignment needed to foreclose or has a defective assignment – such as one issued in blank, unsigned and undated.

Many trusts and servicers try to replace the missing assignments, often with assignments executed within a few months of the foreclosure – and in many cases even after the foreclosure is filed or the home is sold (in non-judicial foreclosure states). The date and place of the Assignment often reveals whether the Assignment is actually a “replacement” – issued years after the Trust closed, and even years after the original lender supposedly making the Assignment disappeared into bankruptcy.

The servicer rarely identifies itself and discloses that this is an attempt to replace a missing assignment. It is, therefore, very useful to know that Mortgage Assignments notarized in the counties above are more often than not replacement Assignments prepared by or on behalf of the Trusts – by the servicers for the Trust or document preparation companies working for the servicers, or even law firm employees working for the Trust.

Please send corrections/additions to szymoniak@mac.com.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

UPDATE & DISCLOSURE:

This lawsuit involves Mitchell Stein’s Law Firm Spire Law Group, LLP. Mr. Stein has been sued by CA AG Kamala Harris.

Current Status via State Bar of California:  Not eligible to practice law (Not Entitled)

H/T DeadlyClear

Take a deep breath and release…

IN THE SUPREME COURT OF NEW YORK
COUNTY OF NEW YORK

 DEBORAH ABEEL, RICK ADAMS,
ROBERT AKASHI, JIMMY ALAURIA,
DEBBIE EDITH ALEGRIA, IZAIDA
ALTAMIRANO, ROBERTA ALVAREZ,
PATRICIA ALVERT, FATIMA APONTE,
MANUEL ARECHIGA JR, SCOTT
ARMSTRONG, LAURA AUPPERLE,
JOSE P. AYALA, ALEX BACARON,
WILLIAM BARBER, PHILIP BARR,
FRANCISCO BARRIOS, TOM BEINAR,
ANDREW BELCHER, MIRTHA BERNES,
NASSAR BEY, MARK BLANCO, JOHN
BOBEK, ELINOR BOZZONE,
LAWRENCE BRACCO, NATHAN
BREHM, KIM BRIDGES, MIKE BRIGGS,
ERENSTINE BRINKLEY, VICKIE
BROCK, DEXTER BROWN, DIANE
BROWN, LINDA BURGER, BONNIE
BUTTERWORTH, JESSICA CABASAL,
CARLA CALER, PAUL CAMPAGNA,
HARRY CAMPBELL, IRENE CARDENAS,
MARIA CARINO, JON CARLSON,
DINORAH CARMENATE, JUAN
CARRILLO, JAQUELINE CARROLL,
JOSE Z. CASTRO, PAUL CATER, ELOY
CERTEZA, GEOFFREY CHARLTON,
MARK CHASTEEN, VIPIN
CHATURVEDI, RAQUEL CHAVEZ,
RITO CHAVEZ, ANTONIO CHAVEZ,
KEVIN CHEEK, WILLIAM CHIN,
MEHRDAD CHITSAZ, HECTOR
CIBRIAN, RENATA CIRCEO,
ELIZABETH CLAMPET, STEPHEN
CLARKE, CHRISTOPHER COCKRELL,
DANIELLE COCKRELL, GEOFFREY
COCKRELL, LUISE COHEN, OLGA L.
COLLAZO, ROLANDO COLLAZO,
ARTEMIO CONCEPCION, KAT
CONWAY, RUTH CORONA, LUIS
COSIO, PATRICIA CRESPO, MARGO
CRUZ, MARIA CRUZ, OCTAVIO CRUZ,
WILLIAM CUBIAS, JOSE CUESTA,
DONNA DALTON, MARIA DE LA PAZ
JIMENEZ, LOURDES RUIZ DE LA
TORRE, CELON D. DENNIS, DOUGLAS
DENT, CHRISTIAN DIAZ, MARTHA
DIAZ, NICHOLAS DIETEL, JEFFREY
DIXON, IRA DORFMAN, PATRICIA
DOWLING, DANIEL DWYER, JAMES
EBLEN, GLEN ENG, PATRICIA
ESPINOSA, ALICIA FAJARDO, CLOVIS
FEARON, ALBERTINA FIGUEROA,
ROBERTO FIGUEROA, JOSEPH
FITZGERALD, CAROL FLEMMING,
COREY FLINN, LEONARDO FLORES,
ALAN FOGELSTROM, NORMA
FOGELSTROM, DONNA FOOTE, JULIE
FRALEY, DENNIS FROST, CHRISTOPHE
FRUCTUS, SUSAN GALLAGHER, LIDIA
GARCIA, SIMONA GARCIA, JOE
GARCIA, TRACI GEHM, PHILLIP
GENOVESE, BARBARA GIBBS, JAMES
GILBERT, BRADLEY GIPOLAN,
DENNIS GLEASON, TOMMY GLOVER,
CARLOS GONZALES, MARIA
GONZALES, NELSON A. GONZALEZ,
NELSON J. GONZALEZ, CHRISTOPHER
GROSSMAN, DIANE GRUBIC, WALTER
GRUBIC, NESTOR GUILLEN, WILLIAM
GUTIERREZ, ENRIQUE GUZMAN,
MAGA GUZMAN, MARIA GUZMAN,
ALLISON HANSON, JOHN HANSON,
THOMAS HERBST, JORGE L.
HERNANDEZ, MARCELLA
HERNANDEZ, MIGUEL HERNANDEZ,
DAVID HERRON, SESSING HEWITT,
LISA HIGGENS, NANCY HOLCOMBE,
VIRGINIA HOSKING, VINCE HUBBARD,
KELVIN HURDLE, MICHELLE
HURTADO, ART ITURBE, ATHENA
JACKSON, MARIA DE LA PAZ JIMENEZ,
HARLENE JOHNSON, PORTIA JOSEPH,
JEROME KAMINS, JENNIFER KAUER,
DAN KLEIN, NANCY KRANTZ,
MORGAN LAWLEY, BOBBIE LEONARD,
MARK C. LILLY, MIROSLAVA
LITTERDRAGT, DOUGLAS LIZARDI,
DINORAH LLANES, ROSALINDA
LOCKHART, THOMAS LOCKHART,
ALAN LOCKLEAR, MARIA DOLORES
LOMBERA, MOISES LOPEZ, ANGEL
LOPEZ, MOISES LOPEZ, DELORES
LUCAS, BURT LUND, MAE LUND,
ALEJANDRO LUZARDO, RONNIE
LYLES, BRYAN LYNCH, JOSEPH K
LYONS, BRUCE MACBRIDE, ANITA
MACHADO, TANYA MACHADO,
STELLA MARKLEY, TERESA
MARQUEZ, LUIS MARTINEZ, PATRICK
MARTINEZ, CHARLOTTE MCARDLE,
SAOVANNI MEAS, DANIEL MELENDEZ,
GLORIA MELO, MARGARITA MILAM,
MARIE MILLER, AARON MIR, ARLYN
MIR, JASON MOEDING, VERONICA
MONTERRUBIO, ERIK MUMFORD,
ANTONIO MUNOZ, CARMEN MUNOZ,
CINDY MURRILLO, JUAN CARLOS
MURRILLO, JOE NAVARRO, CRISTINA
NAVARRO, MICAH NEELY, RICHARD
NEELY, JONIQUE GARCIA, ERNESTO
NEPOMUCENO, CATHERINE NUTT,
SENEN OCHOA, TALIA OLIVERA,
CHRISTINA ORNELAS, KAROL
OUSLEY, FRANK PACHECO,
ARMANDO PADILLA, ANGELA
PARADA, RUBEN PARRA, EUGENE
PATERRA, ALTINA PATRICK, ROLAND
PERKINS, RAUL PERNETT, MICHAEL
PHILLIPS, LESLIE POLLACK, THOMAS
POUPARD, CARTER POWELL, MERY
QUINTANA, MERLE RAGAN, DANIEL
RAMIREZ, FRANCISCO RAMIREZ,
ANGELICA RAMIREZ, KAIVALYA
RAWAL, JOE REID, SILVIA RENDON,
JOSE REYES, MICHAEL RICCIARDI,
MARJORIE RICHARDSON, DAVE
RICHMAN, CONNIE RICOTTA, EDDIE
RIVERA, GARY ROBERTS,
HERMELINDO ROCHA – VARGAS,
GUIDO RODRIGUEZ, MARTHA
RODRIGUEZ, NANCY P. RODRIGUEZ,
PAUL RODRIGUEZ, ENRIQUE ROMERO,
MICHAEL ROMERO, SHERRIE SAFKO,
LILY SALAS, GUADALUPE SANCHEZ,
HILDA SANCHEZ, JAIME SANCHEZ,
ROGER SANCHEZ, ANTONIO SANCHEZ,
HECTOR SANCHEZ, MARIA SANCHEZ,
SUSAN SANDERS, RUBEN SANTIAGO,
JOSE SAUCEDO, VICKIE SCHETRITT,
ROBERT SCHMALFELDT, JOSE
ALFREDO SEGOVIA, SHERYL SEIMMONTOYA,
ARVIN SERRANO,
MARGARITA SHEA, KENNETH
SIMONSEN, CHARLES SMITH,
CRAYTON SMITH, ROBERT SMITH,
ZENAIDA SMITH, JAMES SNYDER,
VALORIE SNYDER, ILIANA SORENSEN,
ROSARIO MARIA SOTO, DAVID
STARKEY, DEL STAUDINGER,
ANDREW STOLZ, PAUL STROHECKER,
RICHARD STRUNK, LIDIA TAPIA,
DELANE TARRA, MANUEL TAVARES,
MARIA TAVARES, ROBERT TAYLOR,
JOHN TEDESCO, EVA THIELK, JOSA
TIRADO, MAILIN TOMLINSON, TONY
TRUJILLO, JODI TUFT, JEFF TURNER,
MALCOLM TURNER, RITA UCHEKA,
HUGO URRIBARRI, MITCH VAN
MECHELEN, HERMELINDO VARGAS,
THEREISI VILLARUZ, DONALD VITAK
II, MARGUERITE VITA-MATUZOLA,
GARY WAGGY, CARROLL WALTERS,
ARTHUR WEAVER JR., TRACY WEBER,
KENNETH WEINER, GUNTER
WEISSMANN, CLINT WEST, NIKKI
WHITE, ACHINI WHITE, MICHAEL
WIEDERHOLD, GEORGE WILCOX,
PAUL WILDER, DEBRA WILSON, JON
WITHROW, PETER WRIGHT, PHILIP
WRIGHT, JAMES YOCUM, ALEX
ZAETS, LUIS ZAVALA, GEORGE K.
ZINK, REBECCA ABAD, THOMAS
ADLER, BIBIAN AFABLE, MICHAEL
AKIN, SUREN ALAVERDYAN, DORA
ALDRETE, KARL AMRINE, ELMER
ANDERSON, ERIC ANDERSON,
PAMELA ANDERSON, SABRINA
ANDERSON, DONALD ANDREWS,
DAVID APPEL, OLGA ARANIVA,
ANTONIO ARCINAS, ROBERT
ARRINGTON, EWY AXELSSON, JOHN
BAHURA, GLORIA BAILEY, IRMA
BAKER-PARRA, BRUCE BARMAKIAN,
RODRICK BARNETT, KEVIN BATMAN,
LORI BATMAN, DAVID BEAUBIEN,
MARILYN BEAUBIEN, AMANDA
BENNETT, GEORGE BENNETT,
ANNETTE BERRY, ROBERT BERRY,
ALVIN BLAKE, TAWANA BLAKE,
CAROLE BOOTH, JOHN BOOTH,
ARACELI BOWMAN, BILLY BOWMAN,
PATRICK PAYGAR BOYD, BARRY
BOZARTH, ARNOLD BRIGMAN,
DEBORAH BRIGMAN, VALERY
BUBELA, BONNIE BUCKLEY, TOBY
BUTTERWORTH, NELIDA CAMPOS,
JERRY CANADAY, MARIAN CANADY
MEIXNER, GEORGE CASTRO, FRANCIS
CELO, CARLOS CERVANTES, ROSE
CHANG, JOHN CHARLSON,
KATHERINE CHARLSON, DANIEL
CHAVEZ, JOSEPH CHAVOEN, JOSEPH
CINA, GRANT CLARK, SONIA CLARK,
HUGH COLLINS, SEAN COMBS,
ARTURO CONCHA, CHERIE COOK,
DENISE COOK, RANDALL COOK,
BENJAMIN CORONA, DIONICO
CORTEZ, BERTHA CREVOLIN, RONNIE
CREVOLIN, MATTHEW CROSBIE,
CARY CRUZ, ROSEMARY CRUZ,
HOUSTON CURTIS, ERIC CUTLER,
CHARLES DANIELS, CHRISTINA
DANIELS, RICARDO DAVALOS,
CURTIS DAVIDSON, TROY DAVIS,
SARGIS DAVODDANIEL, DON DECKER,
TAMMY DECKER, PAZ DIAZ, OLIC
DUNNING III, DAVID EBADAT,
HOTOSA EBRAHIMZADEH, KENNETH
EDGECOMBE, NICOLE EDGECOMBE,
MEHRDAD EMSHA, MARTIN
ESCOBEDO, YOLANDA ESCOBEDO,
ENRIQUETA ESPINOSA, FELIPA
ESPINOSA, FRANCISCO ESPINOSA,
JOSE ESPINOSA, DAVID ESTRADA, TY
ETTERLEIN, FATEMEH FADAKAR,
DAVID FAULHABER, MICHELLE
FAVAZZO, ROGER FENSTERMACHER,
LIZETTE MILAN-FIEDLER, FUMIKO
FISHER, RICHARD FOMIN, LOURDES
FONTZ, WAYNE FONTZ, ROGER
FOSDICK, SUSAN FRANCO, JAMES
FRASER, JO ELLEN FRASER, D’ANN
FRIEND, MATTHEW FRIEND, PHILLIP
GALERA, BENJAMIN GAMEZ,
JOSEFINA PEREZ GARCIA, ANTHONY
GOLDEN, JOSEPH GOMEZ, ANA
GONZALEZ, ESTER GONZALEZ,
OSCAR GONZALEZ, ROBERT GRAHAM,
RONNIE GREEN, SUSANNA GREEN,
GRETA GREGORIO, STEVEN
GUMIENNY, BRIAN GURNEE, AHMAD
HAKIMJAVADI, RICHARD HALE, JACK
HALLEY, TRACEY HAMPTON,
CHERISE HANSSON, STEVEN HARDIE,
CINDY HARRISON, JOAN HENDERSONBROWN,
LESLIE HENDRICKS, RUSSEL
HENDRICKS, CENOBIO HERNANDEZ,
LEONARD HERNANDEZ, MODJULITA
HERNANDEZ, ALFREDO HERRERA,
LORENA HERRERA, MARIO HERRERA,
BRETT HESKETT, RIZZA HESKETT,
RAYMOND HILL, ARMANDO
HINOJOSA, HEATH HODEL,
SALVADOR HUIZAR, PATRICK HUNT,
JOSEPH IGNACIO, REBECCA IGNACIO,
CYNTHIA IRELAND, CLARENCE
IRVING, EVELYN IRVING,
MUHAMMAD ISLAM, GLEN JACKSON,
HILLARY JACKSON, PAUL JACKSON,
JESSE JOHNSON, NICHOLAS JONES,
JEAN JOSEPH, MARIE JOSEPH, GUS
KATSIKIDES, CASEY KAUER,
JENNIFER KAUER, JOHN KEALY,
KEVIN KEEHL, CARLEEN KELLER,
DENNIS KEMP, GLORY KENNISON,
LANCE KENNISON, BARBARA
KIKUGAWA, CHRIS KIM, JAY KIM,
LYNN KIMBERLY, LOUIS KLEIN,
HARKRISHNAN KOCHAR, JASPAL
KOCHAR, BRENT KOMOUROUS, DEAN
KRAEMER, JOSHUA KREITZER,
KATHRYN T. KREITZER, PETE
KREUZER, MAZLINA LAI, STEPHANIE
LANDEN, JENNIFER LANGLO, ASHLEY
LARSEN, CHRISTIAN LARSEN, BRUCE
LAWSON, TRAVIS LEAGE, LISA
LEFEBVRE, RAYMOND LEFEBVRE,
JACK LEFLER, JOELLA LEFLER,
JACQUELYNN LEONARDO, CARMEN
LINARES, LUIS LINARES, ED LIZARDO,
LINDA LIZARDO, CHERYL LOCEY,
LAUREN LOCEY, DANILO LUQUIAS,
YOLINA LUQUIAS, JOHN MACIAS,
LOUIS MAGES, PATRICIA MAGES,
STEFAN MAHALEY, HEATHER
MAHONEY, DENISE MANRIQUEZ,
LAURIE MARINO, EDUARDO
MARQUEZ, ELNORA MARSHALL,
BRUNO MARTINEZ, FRANK
MARTINEZ, MELANDO MARTINEZ,
MIKE MARTINEZ, ELIZABETH MATSIK,
CALVIN MATTHEWS, ELIZABETH
MCCULLOUGH, SEAN MCDONALD,
MARY MEDINA, DAVID MEDLIN,
BRUCE MILLIGAN, RENE MINNAAR,
RABIA MIR, MARIA MIRANDA, TOBY
MOORE, LEONIDES MORALES, ERICA
MORGERA, PETE MORGERA,
BASHEER MURAD, CAAMIE MURAD,
VALLIUR NADU, HIROSHI
NAKAYAMA, YOLANDA NATIVIDAD,
MARIA NAVARRO, OSCAR NAVARRO,
ALAN NESS, SANDRA NESS, DIANA
NEWSON, RALPH NEWSON, ANNA
NGUYEN, MICHELLE NUNIES, JOHN
OCAMPO, NOEL OLIVARES, ROMAN
OLIVOS, MELISSA OWEN, MICHAEL
OWEN, JOHN OXIDINE, JUAN
PADILLA, MECIA PADILLA, JOSE
PANTOJA, MARIA PANTOJA, ALAN
PARSONS, CINDY PATELSKI, KAZIMIR
PATELSKI, MARIA PELCASTRE,
MARIO A. PERALTA, RICARDO PEREZ,
JAMES PETERSON, VIRGINIA
PETERSON, JOHN PHILLINGANE,
CAROL POWERS, DOUGLAS POWERS,
ANNA MARIA PREZIO, REBECCA
QUICK, STEVEN QUICK, WILLIAM
RABELLO, NOOROLLAH RAHDAR,
ELISEO RAMOS, ISRAEL RAPURI,
DINYAH REIN, NORMAN JAY REST,
EDITHA RESTAURO, DONALD REY,
NANCY RILEY, BARBARA ROBINSON,
STEPHEN ROBINSON, ARTHUR
RODRIGUEZ, JOSE LUIS RODRIGUEZ,
MARCIANO RODRIGUEZ, ETHAN ROSS,
VIRGINIA ROTRAMEL, FLORENCE
SABAGQUIT, JESSE SABAGQUIT,
GUILLERMO SANCHEZ, DERRICK
SANDERS, CARL SANKO, JOSEPH
SANTOS, SIMON SARKISIAN, DAN
SCHWARTZ, BRANNON SCIANNA,
MARCIA SCIANNA, DEBBIE
SCIORTINO, JOHN SCIORTINO,
COURTNEY SCOTT, CRANFORD
SCOTT, SHEILA SCOTT, BRIAN
SEXSON, PETER SHELDON, SCOTT
SHUBB, PAUL SIBORO, JULIET SICSIC,
BAYAANI SIMPLICIANO, BALDEV
SINGH, BALJIT SINGH, JOANNA
SINGH, ALICE SMITH, CHARLEY
SMITH, MARK SMITH, NIDA SMITH,
WILLIE SMITH, MILTON SMITH II,
JOANNE SNYDER-DAVIDSON, DIEP
SOMMERS, RICHARD SORENSEN,
HEMALATHA SOURI-PARSONS,
ROBBIN STITES, ALINA STROUP,
GEORGE STROUP, SUZANNE SUGGS,
SHYAM SUNDER, SALLY SYMONS,
GILDA TAHMURESZADEH,
ASHMELLEY THERVIL, KEVIN
THOMPSON, BOB TIDD, BETTY
TIMBERS, SONIKA TINKER-REIN,
ANDREY TODOROV, ADNAN TORIAK,
ALMA TOWNSEND, GREG TOWNSEND,
MARY JANE TUMA, TIMOTHY TUMA,
TONY TURTURICI, CINDY VICKERY,
WILLIAM VICKERY, ELIAS VIEYRA,
ENRIQUE VILLANUEVA, REBECCA
VILLANUEVA, NADIA VILLARREAL,
CHRISTOPHER VILLARUZ, LINDA H.
VO, PATRICK VUONG, LAURA
WALDHEIM, MICHAEL WALDHEIM,
JILL WALKER, KEVIN WALKER, ZANE
WALKER, GURMEET WARAICH,
HARJINDER WARAICH, MELISSA
WARNER, STEPHEN WAYNE, WALTER
WEISS, EDNA WENNING, JAMIE
WETZEL, JIM WETZEL, TODD
WIDENER, VERONICA WIDENER,
MELISSA WIDLUND, TIMOTHY
WIDLUND, CRAIG WILLIAMS, ANN
WILSON, RICHARD WILSON, EDWIN
ALDANA, AUDRENE ANN
ALENCASTRE-ROBERTS, LEPHAS
BAILEY, GURDAYAL BATNA,
KAMLESH BATNA, DARLENE BEEKS,
JAMES BEEKS, ANDRES BENAVIDEZ,
EDWARD BOSTOCK, SUZAN BRITTAN –
BERGMAN, CARLA CALER, NORMAN
CALER, STEVEN CAMPANELLI, JOSE
CAMPOS, MARIA ANTONIA CANALES,
GERARD CANNELLA, MELANIE
CANNELLA, LARRY CAPOTS, ANDRES
CARDENAS – BENAVIDEZ, BRIAN
CARLSON, JON CARLSON, KIMBERLY
CARLSON, LUCY CARLSON, DAWN
CARMICHAEL, KIRK CARMICHAEL,
JACQUELINE CARROLL, JOSEPHINA
CASELLON, SHAWN CASSIDY,
ANTONIO CHAVEZ, JOSE CHAVEZ,
MARY CLOWNEY, WILLIAM
CLOWNEY, HUGH COLLINS, BRENDA
COPPER, DEAN COPPER, MARIA CRUZ,
CHRISTINE DAO, AVELINA DIZON,
HONORIO DIZON, SANDRA DUARTE,
JOSE DUARTE LEMUS, ANA DUENAS,
STEVEN EHLERS, MICHELLE
FAVAZZO, WILFREDO FELICIANO,
SALLY FIGUEIREDO, FELICIA FLORES,
CARLOS FLORES-CARRILLO, DIANE
FORSMAN, CORRINE FRAYSINETTE,
ANTONIO FUENTES, MARIA ELENA
FUENTES, VICKI FURR, WAYNE FURR,
OSCAR GARCIA, ROBERT GREGG,
MAGDALENA GUIZAR, DARLENE N.
HOLLOWAY, RALPH HOLLOWAY,
HARLEY HUNTER, JEAN HUNTER,
GERDA HYPPOLITE, JOSEPH IGNACIO,
REBECCA IGNACIO, ROGER JAMES,
ARMANDO JIMENEZ, JAVIER JIMENEZ,
SANDY JIMENEZ, DIANE KEPLEY,
RICHARD KEPLEY, GLADYS KRANTZ,
RICHARD KRANTZ, DEBORAH LAMB,
MANUEL LANDAVAZO, SHERRIE
LANDOVASO, THEIN LAM LE, KEN
LEON, CONSUELO LOMBERA,
HILARIO LUCERO, ADELFO MACASA,
LEONARDA MACASA, JANET
MARSHALL, JULIO MARTINS,
ROBERTO MEDINA, BRUCE MILLIGAN,
BAHMAN MIRSHAFIEE, FARAHNAZ
MIRSHAFIEE, KIMBERLY MITCHELL,
WILLIAM MITCHELL, MARIA MOULES,
JOSE NARIO, STEVEN NEWTON,
KAREN NIERHAKE, CINDY OCHOA,
DEANA OSEGUERA, JOSE OSEGUERA,
MANUEL CASTRO PALMA, ROMINA
PAREDES, KEN PARKER, DON PEDEN,
SOCORRO PEREDA, IRVING PHAN,
LUZ RAMIREZ, SEYED RAZAVI,
GERALD ROBERTS, LISA RODRIGUEZ,
JOSEPH R. RODRIGUEZ JR., OFELIA
ROMERO, JOE SALAZAR, REGINALD
SANTIAGO, MICHAEL SANTOS,
YVONNE SANTOS, GEORGE SEELEY,
TERRY SHAFFER, CHERYL SHAW,
CHRISTINE SHIPMAN, JAMES
SHIPMAN, ANABEL SILVA, MARTIN
SILVA, MIKE SMITH, JONNY MARIE
TORRES, JORGE TORRES, CHARLOTTE
O. TUCKER, WILLIAM TUCKER,
THEREISI VILLARUZE, HUY VO,
DAVID WALLACE, VICTORIA
WALLACE, KLAUDIA WILCZKOWIAK,
JAMES WRAY, LEROY ANDERSON,
ALEXANDER ARRORACI, RENEE
BAYLIS, DENNIS BULMER, RICHARD
CARROLL, DORIS COBURN, GEORGE
COBURN, KC CRANDALL, KEITH
DENSON, SALLY FIGUEIREDO,
CHERYL FORD, EDGART GONZALEZ,
STEVE KONG, JEFF LAVENDER, MARA
LAVENDER, ROBERT LEWIN, JAMES
LOCKER, AVELINO MARTINEZ, AIDA
MEZA, JOSE MEZA, VIRGEN
MONDRAGON, WILLIAM OAKS,
DOMINADOR RAMOS, PETRONILLA
RAMOS, ESME ROSS, ROBERT ROSS,
CHRISTINE SHIPMAN, JAMES
SHIPMAN, CHARLES TAM, RUBY TAM,
RAYMOND TRAN, ROBERTO VARGAS,
RUTH VARGAS, RONALD WILLIAMS
Plaintiffs

-against-

BANK OF AMERICA, N.A., BANK OF
AMERICA CORPORATION,
COUNTRYWIDE FINANCIAL
CORPORATION, dba BAC HOME
LOANS SERVICING,
COUNTRYWIDE HOME LOANS, INC.,
JP MORGAN CHASE BANK, N.A., in its
own capacity and as an acquirer of certain
assets and liabilities of Washington
Mutual Bank; CHASE HOME FINANCE,
LLC, WELLS FARGO & COMPANY,
WELLS FARGO BANK, N.A., WACHOVIA
BANK, CITIGROUP, INC., CITIBANK,
N.A., U.S. BANCORP, U.S. BANK, N.A.,
U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, U.S. BANK
TRUST NATIONAL ASSOCIATION, ALLY
BANK, N.A., in its own capacity and as an
acquirer of certain assets and liabilities OF
GMAC, GENERAL MOTORS
ACCEPTANCE CORPORATION,
ONEWEST BANK, F.S.B., HSBC
HOLDINGS, INC., AURORA BANK, F.S.B.,
OCWEN FINANCIAL CORPORATION,
DEUTSCHE BANK AG, DEUTSCHE
BANK NATIONAL TRUST COMPANY,
EMC CORPORATION, EMC MORTGAGE
CORPORATION, PNC BANK, N.A., ING
GROUP, MERSCORP, INC., MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS
INC., COUNTRYWIDE ALTERNATIVE
ASSET MANAGEMENT,
COUNTRYWIDE ALTERNATIVE
INVESTMENTS, COUNTRYWIDE
CAPITAL I, COUNTRYWIDE CAPITAL
II, COUNTRYWIDE CAPITAL III,
COUNTRYWIDE CAPITAL IV,
COUNTRYWIDE CAPITAL V,
COUNTRYWIDE CAPITAL VI,
COUNTRYWIDE CAPITAL VII,
COUNTRYWIDE CAPITAL VIII,
COUNTRYWIDE CAPITAL IX,
COUNTRYWIDE CAPITAL MARKETS
ASIA (HK) LIMITED, COUNTRYWIDE
CAPITAL MARKETS, COUNTRYWIDE
COMMERCIAL JPI LLC,
COUNTRYWIDE COMMERCIAL
MORTGAGE CAPITAL,
COUNTRYWIDE COMMERCIAL
REAL ESTATE FINANCE,
COUNTRYWIDE HILLCREST I,
COUNTRYWIDE INTERNATIONAL
GP HOLDINGS, COUNTRYWIDE
MANAGEMENT CORPORATION,
COUNTRYWIDE MORTGAGE
VENTURES, LLC, COUNTRYWIDE
INTERNATIONAL TECHNOLOGY
HOLDINGS LIMITED,
COUNTRYWIDE WAREHOUSE
LENDING, CWABS II, INC., CWALT,
INC., CYRUS ACCESS, LTD.,
DIVERSIFIED ALPHA FUND
(MASTER), LTD., HALCYON ACCESS,
LTD., INDOPARK HOLDINGS, LTD.,
INVESTMENTS 2234 PHILIPPINES
FUND I (SPV-AMC), INC., ML
BANDERIA CAYMAN BRL INC.,
ML WHITBY LUXEMBOURG S.A.R.L.,
ZEUS RECOVERY FUND, S.A., J.P.
MORGAN MANSART INVESTMENTS,
SAPOTORO COOPERATIEF U.A., ONE
EQUITY PARTNERS II, L.P., ONE
EQUITY PARTNERS III, L.P., ONE
EQUITY PARTNERS IV, L.P., ONE
EQUITY PARTNERS LLC, BEAR
STEARNS INTERNATIONAL FUNDING I
S.A R.L., J.P. MORGAN DUBLIN
FINANCIAL HOLDINGS LIMITED,
J.P.MORGAN FINANCE JAPAN YK, J.P.
MORGAN SERVICES INDIA PRIVATE
LIMITED, HENRY BATH BV, GAVEA
INVESTIMENTOS LTDA., J. P. MORGAN
RESEARCH TOTAL RETURN MASTER
FUND LTD, JPMORGAN DISTRESSED
DEBT MASTER FUND LTD. , JPMORGAN
GREATER CHINA PROPERTY FUND
CAYMAN SLP LP, JPMORGAN ASSET
MANAGEMENT HOLDINGS
(LUXEMBOURG) S.A R.L., JPMORGAN
ASSET MANAGEMENT LUXEMBOURG
S.A., J.P. MORGAN CHASE CUSTODY
SERVICES, INC., ATACAMA
MULTIMERCADO – FUNDO DE
INVESTIMENTO, J.P. MORGAN S.A.
DISTRIBUIDORA DE TITULOS E
VALORES MOBILIARIOS, J.P. MORGAN
BANK LUXEMBOURG S.A., BANCO J.P.
MORGAN S.A., INSTITUCION DE BANCA
MULTIPLE, J.P. MORGAN GRUPO
FINANCIERO, J.P. MORGAN
INTERNATIONAL HOLDINGS LIMITED,
JPMORGAN CHASE BANK (CHINA)
COMPANY LIMITED CHINA, JPMORGAN
PCA HOLDINGS (MAURITIUS) I
LIMITED, DANUBE HOLDINGS I C.V.,
DANUBE HOLDINGS III C.V.,
EUROPEAN CREDIT FUND SICAV II,
EVERGREEN ECM HOLDINGS B.V.,
GOLDEN FUNDING COMPANY, ISLAND
FINANCE HOLDING COMPANY, LLC,
JORDAN INVESTMENTS LP UK,
NORWEST VENTURE PARTNERS FII
SINGAPORE PRIVATE LIMITED,
NORWEST VENTURE PARTNERS FVCI
SINGAPORE PRIVATE LIMITED,
NORWEST VENTURE PARTNERS
SINGAPORE PRIVATE LIMITED,
NORWEST VENTURE PARTNERS VI, LP,
NORWEST VENTURE PARTNERS VI-A,
LP, NORWEST VENTURE PARTNERS VII,
LP, NORWEST VENTURE PARTNERS
VII-A FII MAURITIUS, NORWEST
VENTURE PARTNERS VII-A FVCI
MAURITIUS, NORWEST VENTURE
PARTNERS VII-A MAURITIUS,
OVERLAND RELATIVE VALUE FUND
LTD., OVERLAND RELATIVE VALUE
MASTER FUND LP, PARTNERSHIP
INVESTMENTS S.A.R.L., CITIBANK
(CHINA) CO., LTD., CITIBANK DEL
PERU S.A., CITIBANK MAGHREB,
BANCO CITIBANK DE GUATEMALA,
S.A., BANCO CITIBANK S.A., CHELSEA
PARTICIPACOES SOCIETARIAS E
INVESTIMENTOS LTDA., CITIBANK –
DISTRIBUIDORA DE TITULOS E
VALORES MOBILIARIOS S.A.,
CITIFINANCIAL PROMOTORA DE
NEGOCIOS & COBRANCA LTDA.,
CITIBANK CORRETORA DE SEGUROS
LTDA., BANCO CITICARD S.A., BANK
HANDLOWY W WARSZAWIE S.A., CITI
OVERSEAS INVESTMENTS BAHAMAS
INC., CITIBANK CARTOES
PARTICIPACOES LTDA., CITIGROUP
GLOBAL MARKETS, CORPORATION &
CO. BESCHRANKT HAFTENDE KG,
CITIGROUP GLOBAL MARKETS
DEUTSCHLAND AG, CITIBANK
MEDIADOR, OPERADOR DE BANCA –
SEGUROS VINCULADO, SOCIEDAD
ANONIMA, CITIBANK HOLDINGS
IRELAND LIMITED, CITICORP CAPITAL
PHILIPPINES, INC., CITICORP FINANCE
(INDIA) LIMITED, CITIGROUP ASIA
PACIFIC HOLDING CORPORATION,
CITIGROUP HOLDING (SINGAPORE)
PRIVATE LIMITED, CITIBANK (HONG
KONG) LIMITED, CITIBANK BERHAD,
CITIBANK MALAYSIA (L) LIMITED,
CITIGROUP NETHERLANDS HOLDINGS
B.V., LATIN AMERICAN INVESTMENT
BANK BAHAMAS LIMITED, ZAO
CITIBANK, CITIGROUP GLOBAL
MARKETS LUXEMBOURG, CITIGROUP
GLOBAL MARKETS, HOLDINGS
LIMITED, CITIGROUP GLOBAL
MARKETS, HOLDINGS PTE. LTD.,
CITIGROUP GLOBAL MARKETS,
SINGAPORE PTE. LTD., CITIGROUP
GLOBAL MARKETS INDIA PRIVATE
LIMITED, CITIGROUP GLOBAL
MARKETS COMMERCIAL CORP., COHM
OVERSEAS MEXICO HOLDING, S. DE
R.L. DE C.V., ELAVON DO BRASIL
SOLUCOES DE PAGAMENTO S.A.,
ELAVON EUROPEAN HOLDINGS B.V.,
ELAVON EUROPEAN HOLDINGS C.V.,
ELAVON FINANCIAL SERVICES
LIMITED, USB NETHERLANDS B.V., USB
REALTY CORP., USB TRADE SERVICES
LIMITED, ELAVON MERCHANT
SERVICES MEXICO, S. DE R.L. DE C.V.,
ELAVON MEXICO HOLDING COMPANY,
S.A. DE C.V., ELAVON OPERATIONS
COMPANY, S. DE R.I. DE C.V., ELAVON
PUERTO RICO, INC., ELAVON SERVICES
COMPANY, S. DE R.I. DE C.V., GMAC
HOLDINGS GMBH, GMAC GERMANY
GMBH & CO. KG, GMAC BANK GMBH,
ALTERNATIVE LOAN TRUST 2004-10CB,
ALTERNATIVE LOAN TRUST 2004-12CB,
ALTERNATIVE LOAN TRUST 2004-13CB,
ALTERNATIVE LOAN TRUST 2004-14T2,
ALTERNATIVE LOAN TRUST 2004-15,
ALTERNATIVE LOAN TRUST 2004-16CB,
ALTERNATIVE LOAN TRUST 2004-17CB,
ALTERNATIVE LOAN TRUST 2004-18CB,
ALTERNATIVE LOAN TRUST 2004-20T1,
ALTERNATIVE LOAN TRUST 2004-22CB,
ALTERNATIVE LOAN TRUST 2004-24CB,
ALTERNATIVE LOAN TRUST 2004-25CB,
ALTERNATIVE LOAN TRUST 2004-26T1,
ALTERNATIVE LOAN TRUST 2004-27CB,
ALTERNATIVE LOAN TRUST 2004-7T1,
ALTERNATIVE LOAN TRUST 2004-8CB,
ALTERNATIVE LOAN TRUST 2004-9T1,
ALTERNATIVE LOAN TRUST 2004-J7,
ALTERNATIVE LOAN TRUST 2004-J8,
ALTERNATIVE LOAN TRUST 2004-J9,
ALTERNATIVE LOAN TRUST 2005-10CB,
ALTERNATIVE LOAN TRUST 2005-11CB,
ALTERNATIVE LOAN TRUST 2005-13CB,
ALTERNATIVE LOAN TRUST 2005-14,
ALTERNATIVE LOAN TRUST 2005-16,
ALTERNATIVE LOAN TRUST 2005-17,
ALTERNATIVE LOAN TRUST 2005-18CB,
ALTERNATIVE LOAN TRUST 2005-19CB,
ALTERNATIVE LOAN TRUST 2005-20CB,
ALTERNATIVE LOAN TRUST 2005-21CB,
ALTERNATIVE LOAN TRUST 2005-22T1,
ALTERNATIVE LOAN TRUST 2005-23CB,
ALTERNATIVE LOAN TRUST 2005-24,
ALTERNATIVE LOAN TRUST 2005-25T1,
ALTERNATIVE LOAN TRUST 2005-26CB,
ALTERNATIVE LOAN TRUST 2005-27,
ALTERNATIVE LOAN TRUST 2005-28CB,
ALTERNATIVE LOAN TRUST 2005-29CB,
ALTERNATIVE LOAN TRUST 2005-30CB,
ALTERNATIVE LOAN TRUST 2005-31,
ALTERNATIVE LOAN TRUST 2005-32T1,
ALTERNATIVE LOAN TRUST 2005-33CB,
ALTERNATIVE LOAN TRUST 2005-34CB,
ALTERNATIVE LOAN TRUST 2005-35CB,
ALTERNATIVE LOAN TRUST 2005-36,
ALTERNATIVE LOAN TRUST 2005-37T1,
ALTERNATIVE LOAN TRUST 2005-38,
ALTERNATIVE LOAN TRUST 2005-4,
ALTERNATIVE LOAN TRUST 2005-40CB,
ALTERNATIVE LOAN TRUST 2005-41,
ALTERNATIVE LOAN TRUST 2005-42CB,
ALTERNATIVE LOAN TRUST 2005-43,
ALTERNATIVE LOAN TRUST 2005-44,
ALTERNATIVE LOAN TRUST 2005-45,
ALTERNATIVE LOAN TRUST 2005-46CB,
ALTERNATIVE LOAN TRUST 2005-47CB,
ALTERNATIVE LOAN TRUST 2005-48T1,
ALTERNATIVE LOAN TRUST 2005-49CB,
ALTERNATIVE LOAN TRUST 2005-50CB,
ALTERNATIVE LOAN TRUST 2005-51,
ALTERNATIVE LOAN TRUST 2005-53T2,
ALTERNATIVE LOAN TRUST 2005-54CB,
ALTERNATIVE LOAN TRUST 2005-55CB,
ALTERNATIVE LOAN TRUST 2005-56,
ALTERNATIVE LOAN TRUST 2005-57CB,
ALTERNATIVE LOAN TRUST 2005-58,
ALTERNATIVE LOAN TRUST 2005-59,
ALTERNATIVE LOAN TRUST 2005-60T1,
ALTERNATIVE LOAN TRUST 2005-61,
ALTERNATIVE LOAN TRUST 2005-62,
ALTERNATIVE LOAN TRUST 2005-63,
ALTERNATIVE LOAN TRUST 2005-64CB,
ALTERNATIVE LOAN TRUST 2005-65CB,
ALTERNATIVE LOAN TRUST 2005-6CB,
ALTERNATIVE LOAN TRUST 2005-70CB,
ALTERNATIVE LOAN TRUST 2005-71,
ALTERNATIVE LOAN TRUST 2005-74T1,
ALTERNATIVE LOAN TRUST 2005-75CB,
ALTERNATIVE LOAN TRUST 2005-75CB,
ALTERNATIVE LOAN TRUST 2005-76,
ALTERNATIVE LOAN TRUST 2005-77T1,
ALTERNATIVE LOAN TRUST 2005-79CB,
ALTERNATIVE LOAN TRUST 2005-7CB,
ALTERNATIVE LOAN TRUST 2005-80CB,
ALTERNATIVE LOAN TRUST 2005-81,
ALTERNATIVE LOAN TRUST 2005-82,
ALTERNATIVE LOAN TRUST 2005-83CB,
ALTERNATIVE LOAN TRUST 2005-84,
ALTERNATIVE LOAN TRUST 2005-85CB,
ALTERNATIVE LOAN TRUST 2005-86CB,
ALTERNATIVE LOAN TRUST 2005-9CB,
ALTERNATIVE LOAN TRUST 2005-AR1,
ALTERNATIVE LOAN TRUST 2005-IM1,
ALTERNATIVE LOAN TRUST 2005-J10,
ALTERNATIVE LOAN TRUST 2005-J11,
ALTERNATIVE LOAN TRUST 2005-J11,
ALTERNATIVE LOAN TRUST 2005-J4,
ALTERNATIVE LOAN TRUST 2005-J6,
ALTERNATIVE LOAN TRUST 2005-J7,
ALTERNATIVE LOAN TRUST 2006-0C5,
ALTERNATIVE LOAN TRUST 2006-11CB,
ALTERNATIVE LOAN TRUST 2006-12CB,
ALTERNATIVE LOAN TRUST 2006-13T1,
ALTERNATIVE LOAN TRUST 2006-14CB,
ALTERNATIVE LOAN TRUST 2006-15CB,
ALTERNATIVE LOAN TRUST 2006-16CB,
ALTERNATIVE LOAN TRUST 2006-17T1,
ALTERNATIVE LOAN TRUST 2006-18CB,
ALTERNATIVE LOAN TRUST 2006-19CB,
ALTERNATIVE LOAN TRUST 2006-20CB,
ALTERNATIVE LOAN TRUST 2006-21CB,
ALTERNATIVE LOAN TRUST 2006-21CB,
ALTERNATIVE LOAN TRUST 2006-21CB,
ALTERNATIVE LOAN TRUST 2006-23CB,
ALTERNATIVE LOAN TRUST 2006-23CB,
ALTERNATIVE LOAN TRUST 2006-24CB,
ALTERNATIVE LOAN TRUST 2006-25CB,
ALTERNATIVE LOAN TRUST 2006-25CB,
ALTERNATIVE LOAN TRUST 2006-26CB,
ALTERNATIVE LOAN TRUST 2006-26CB,
ALTERNATIVE LOAN TRUST 2006-27CB,
ALTERNATIVE LOAN TRUST 2006-28CB,
ALTERNATIVE LOAN TRUST 2006-29T1,
ALTERNATIVE LOAN TRUST 2006-2CB,
ALTERNATIVE LOAN TRUST 2006-30T1,
ALTERNATIVE LOAN TRUST 2006-31CB,
ALTERNATIVE LOAN TRUST 2006-31CB,
ALTERNATIVE LOAN TRUST 2006-32CB,
ALTERNATIVE LOAN TRUST 2006-33CB,
ALTERNATIVE LOAN TRUST 2006-34,
ALTERNATIVE LOAN TRUST 2006-35CB,
ALTERNATIVE LOAN TRUST 2006-36T2,
ALTERNATIVE LOAN TRUST 2006-37R,
ALTERNATIVE LOAN TRUST 2006-39CB,
ALTERNATIVE LOAN TRUST 2006-40T1,
ALTERNATIVE LOAN TRUST 2006-41CB,
ALTERNATIVE LOAN TRUST 2006-42,
ALTERNATIVE LOAN TRUST 2006-43CB,
ALTERNATIVE LOAN TRUST 2006-45T1,
ALTERNATIVE LOAN TRUST 2006-46,
ALTERNATIVE LOAN TRUST 2006-4CB,
ALTERNATIVE LOAN TRUST 2006-5T2,
ALTERNATIVE LOAN TRUST 2006-6CB,
ALTERNATIVE LOAN TRUST 2006-7CB,
ALTERNATIVE LOAN TRUST 2006-8T1,
ALTERNATIVE LOAN TRUST 2006-9T1,
ALTERNATIVE LOAN TRUST 2006-HY10,
ALTERNATIVE LOAN TRUST 2006-HY11,
ALTERNATIVE LOAN TRUST 2006-HY12,
ALTERNATIVE LOAN TRUST 2006-HY13,
ALTERNATIVE LOAN TRUST 2006-HY3,
ALTERNATIVE LOAN TRUST 2006-J1,
ALTERNATIVE LOAN TRUST 2006-J2,
ALTERNATIVE LOAN TRUST 2006-J3,
ALTERNATIVE LOAN TRUST 2006-J4,
ALTERNATIVE LOAN TRUST 2006-J5,
ALTERNATIVE LOAN TRUST 2006-J6,
ALTERNATIVE LOAN TRUST 2006-J7,
ALTERNATIVE LOAN TRUST 2006-J8,
ALTERNATIVE LOAN TRUST 2006-OA1,
ALTERNATIVE LOAN TRUST 2006-OA10,
ALTERNATIVE LOAN TRUST 2006-OA11,
ALTERNATIVE LOAN TRUST 2006-OA12,
ALTERNATIVE LOAN TRUST 2006-OA14,
ALTERNATIVE LOAN TRUST 2006-OA16,
ALTERNATIVE LOAN TRUST 2006-OA17,
ALTERNATIVE LOAN TRUST 2006-OA18,
ALTERNATIVE LOAN TRUST 2006-OA19,
ALTERNATIVE LOAN TRUST 2006-OA2,
ALTERNATIVE LOAN TRUST 2006-OA21,
ALTERNATIVE LOAN TRUST 2006-OA22,
ALTERNATIVE LOAN TRUST 2006-OA3,
ALTERNATIVE LOAN TRUST 2006-OA6,
ALTERNATIVE LOAN TRUST 2006-OA7,
ALTERNATIVE LOAN TRUST 2006-OA8,
ALTERNATIVE LOAN TRUST 2006-OA9,
ALTERNATIVE LOAN TRUST 2006-OC1,
ALTERNATIVE LOAN TRUST 2006-OC10,
ALTERNATIVE LOAN TRUST 2006-OC11,
ALTERNATIVE LOAN TRUST 2006-OC2,
ALTERNATIVE LOAN TRUST 2006-OC3,
ALTERNATIVE LOAN TRUST 2006-OC4,
ALTERNATIVE LOAN TRUST 2006-OC6,
ALTERNATIVE LOAN TRUST 2006-OC7,
ALTERNATIVE LOAN TRUST 2006-OC8,
ALTERNATIVE LOAN TRUST 2006-OC9,
ALTERNATIVE LOAN TRUST 2007-10CB,
ALTERNATIVE LOAN TRUST 2007-11T1,
ALTERNATIVE LOAN TRUST 2007-12T1,
ALTERNATIVE LOAN TRUST 2007-13,
ALTERNATIVE LOAN TRUST 2007-14T2,
ALTERNATIVE LOAN TRUST 2007-15CB,
ALTERNATIVE LOAN TRUST 2007-16CB,
ALTERNATIVE LOAN TRUST 2007-17CB,
ALTERNATIVE LOAN TRUST 2007-18CB,
ALTERNATIVE LOAN TRUST 2007-19,
ALTERNATIVE LOAN TRUST 2007-1T1,
ALTERNATIVE LOAN TRUST 2007-20,
ALTERNATIVE LOAN TRUST 2007-21CB,
ALTERNATIVE LOAN TRUST 2007-22,
ALTERNATIVE LOAN TRUST 2007-23CB,
ALTERNATIVE LOAN TRUST 2007-23CB,
ALTERNATIVE LOAN TRUST 2007-24,
ALTERNATIVE LOAN TRUST 2007-25,
ALTERNATIVE LOAN TRUST 2007-2CB,
ALTERNATIVE LOAN TRUST 2007-3T1,
ALTERNATIVE LOAN TRUST 2007-4CB,
ALTERNATIVE LOAN TRUST 2007-5CB,
ALTERNATIVE LOAN TRUST 2007-6,
ALTERNATIVE LOAN TRUST 2007-7T2,
ALTERNATIVE LOAN TRUST 2007-8CB,
ALTERNATIVE LOAN TRUST 2007-9T1,
ALTERNATIVE LOAN TRUST 2007-AL1,
ALTERNATIVE LOAN TRUST 2007-HY2,
ALTERNATIVE LOAN TRUST 2007-HY3,
ALTERNATIVE LOAN TRUST 2007-HY4,
ALTERNATIVE LOAN TRUST 2007-
HY5R, ALTERNATIVE LOAN TRUST
2007-HY6, ALTERNATIVE LOAN TRUST
2007-HY7C, ALTERNATIVE LOAN
TRUST 2007-HY8C, ALTERNATIVE
LOAN TRUST 2007-HY9, ALTERNATIVE
LOAN TRUST 2007-HY9, ALTERNATIVE
LOAN TRUST 2007-J1, ALTERNATIVE
LOAN TRUST 2007-J2, ALTERNATIVE
LOAN TRUST 2007-OA10, ALTERNATIVE
LOAN TRUST 2007-OA11, ALTERNATIVE
LOAN TRUST 2007-OA2, ALTERNATIVE
LOAN TRUST 2007-OA3, ALTERNATIVE
LOAN TRUST 2007-OA4, ALTERNATIVE
LOAN TRUST 2007-OA6, ALTERNATIVE
LOAN TRUST 2007-OA7, ALTERNATIVE
LOAN TRUST 2007-OA8, ALTERNATIVE
LOAN TRUST 2007-OA9, ALTERNATIVE
LOAN TRUST 2007-OH1, ALTERNATIVE
LOAN TRUST 2007-OH2, ALTERNATIVE
LOAN TRUST 2007-OH3, ALTERNATIVE
LOAN TRUST MORT PASS THROUGH
CERT SERIES 2003-4, ALTERNATIVE
LOAN TRUST RESECURITIZATION 2005-
12R, ALTERNATIVE LOAN TRUST
RESECURITIZATION 2006-22R,
ALTERNATIVE LOAN TRUST
RESECURITIZATION 2007-26R,
ALTERNATIVE LOAN TRUST
RESECURITIZATION 2008-1R,
ALTERNATIVE LOAN TRUST
RESECURITIZATION 2008-2R,
ALTERNATIVE LOAN TRUST SERIES
2003-1, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2003-3,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2003-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2005-12, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2006-1,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2006-2, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-3, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2006-4,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2006-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-6, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2006-7,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2006-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-9, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2007-1,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2007-2, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-10, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-11, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-12, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-4, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-6, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-7, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-9, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-1, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-10, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-11, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-2, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-3, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-4, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-6, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-7, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-9, BANC OF
AMERICA MORT SEC INC
ALTERNATIVE LOAN TRUST 2003 11,
BANC OF AMERICA MORT SEC INC
ALTERNATIVE LOAN TRUST 2004 2,
CHL MORTGAGE PASS-THROUGH
TRUST 2001-23, CHL MORTGAGE PASSTHROUGH
TRUST 2001-23, CHL
MORTGAGE PASS-THROUGH TRUST
2002-HYB1, CHL MORTGAGE PASSTHROUGH
TRUST 2004-10, CHL
MORTGAGE PASS-THROUGH TRUST
2004-11, CHL MORTGAGE PASSTHROUGH
TRUST 2004-12, CHL
MORTGAGE PASS-THROUGH TRUST
2004-13, CHL MORTGAGE PASSTHROUGH
TRUST 2004-14, CHL
MORTGAGE PASS-THROUGH TRUST
2004-16, CHL MORTGAGE PASSTHROUGH
TRUST 2004-18, CHL
MORTGAGE PASS-THROUGH TRUST
2004-19, CHL MORTGAGE PASSTHROUGH
TRUST 2004-20, CHL
MORTGAGE PASS-THROUGH TRUST
2004-21, CHL MORTGAGE PASSTHROUGH
TRUST 2004-22, CHL
MORTGAGE PASS-THROUGH TRUST
2004-23, CHL MORTGAGE PASSTHROUGH
TRUST 2004-24, CHL
MORTGAGE PASS-THROUGH TRUST
2004-5, CHL MORTGAGE PASSTHROUGH
TRUST 2004-5, CHL
MORTGAGE PASS-THROUGH TRUST
2004-6, CHL MORTGAGE PASSTHROUGH
TRUST 2004-7, CHL
MORTGAGE PASS-THROUGH TRUST
2004-8, CHL MORTGAGE PASSTHROUGH
TRUST 2004-9, CHL
MORTGAGE PASS-THROUGH TRUST
2004-HYB7, CHL MORTGAGE PASSTHROUGH
TRUST 2004-HYB8, CHL
MORTGAGE PASS-THROUGH TRUST
2004-HYB9, CHL MORTGAGE PASSTHROUGH
TRUST 2005-11, CHL
MORTGAGE PASS-THROUGH TRUST
2005-12, CHL MORTGAGE PASSTHROUGH
TRUST 2005-13, CHL
MORTGAGE PASS-THROUGH TRUST
2005-14, CHL MORTGAGE PASSTHROUGH
TRUST 2005-15, CHL
MORTGAGE PASS-THROUGH TRUST
2005-16, CHL MORTGAGE PASSTHROUGH
TRUST 2005-17, CHL
MORTGAGE PASS-THROUGH TRUST
2005-18, CHL MORTGAGE PASSTHROUGH
TRUST 2005-19, CHL
MORTGAGE PASS-THROUGH TRUST
2005-20, CHL MORTGAGE PASSTHROUGH
TRUST 2005-21, CHL
MORTGAGE PASS-THROUGH TRUST
2005-22, CHL MORTGAGE PASSTHROUGH
TRUST 2005-23, CHL
MORTGAGE PASS-THROUGH TRUST
2005-24, CHL MORTGAGE PASSTHROUGH
TRUST 2005-25, CHL
MORTGAGE PASS-THROUGH TRUST
2005-27, CHL MORTGAGE PASSTHROUGH
TRUST 2005-28, CHL
MORTGAGE PASS-THROUGH TRUST
2005-29, CHL MORTGAGE PASSTHROUGH
TRUST 2005-3, CHL
MORTGAGE PASS-THROUGH TRUST
2005-30, CHL MORTGAGE PASSTHROUGH
TRUST 2005-31, CHL
MORTGAGE PASS-THROUGH TRUST
2005-6, CHL MORTGAGE PASSTHROUGH
TRUST 2005-9, CHL
MORTGAGE PASS-THROUGH TRUST
2005-HYB1, CHL MORTGAGE PASSTHROUGH
TRUST 2005-HYB10, CHL
MORTGAGE PASS-THROUGH TRUST
2005-HYB2, CHL MORTGAGE PASSTHROUGH
TRUST 2005-HYB3, CHL
MORTGAGE PASS-THROUGH TRUST
2005-HYB4, CHL MORTGAGE PASSTHROUGH
TRUST 2005-HYB5, CHL
MORTGAGE PASS-THROUGH TRUST
2005-HYB6, CHL MORTGAGE PASSTHROUGH
TRUST 2005-HYB7, CHL
MORTGAGE PASS-THROUGH TRUST
2005-HYB8, CHL MORTGAGE PASS-
THROUGH TRUST 2005-J2, CHL
MORTGAGE PASS-THROUGH TRUST
2005-J3, CHL MORTGAGE PASSTHROUGH
TRUST 2005-J4, CHL
MORTGAGE PASS-THROUGH TRUST
2006-1, CHL MORTGAGE PASSTHROUGH
TRUST 2006-10, CHL
MORTGAGE PASS-THROUGH TRUST
2006-11, CHL MORTGAGE PASSTHROUGH
TRUST 2006-12, CHL
MORTGAGE PASS-THROUGH TRUST
2006-13, CHL MORTGAGE PASSTHROUGH
TRUST 2006-14, CHL
MORTGAGE PASS-THROUGH TRUST
2006-15, CHL MORTGAGE PASSTHROUGH
TRUST 2006-16, CHL
MORTGAGE PASS-THROUGH TRUST
2006-17, CHL MORTGAGE PASSTHROUGH
TRUST 2006-18, CHL
MORTGAGE PASS-THROUGH TRUST
2006-19, CHL MORTGAGE PASSTHROUGH
TRUST 2006-20, CHL
MORTGAGE PASS-THROUGH TRUST
2006-21, CHL MORTGAGE PASSTHROUGH
TRUST 2006-3, CHL
MORTGAGE PASS-THROUGH TRUST
2006-6, CHL MORTGAGE PASSTHROUGH
TRUST 2006-8, CHL
MORTGAGE PASS-THROUGH TRUST
2006-9, CHL MORTGAGE PASSTHROUGH
TRUST 2006-HYB1, CHL
MORTGAGE PASS-THROUGH TRUST
2006-HYB2, CHL MORTGAGE PASSTHROUGH
TRUST 2006-HYB3, CHL
MORTGAGE PASS-THROUGH TRUST
2006-HYB4, CHL MORTGAGE PASSTHROUGH
TRUST 2006-HYB5, CHL
MORTGAGE PASS-THROUGH TRUST
2006-J1, CHL MORTGAGE PASSTHROUGH
TRUST 2006-J2, CHL
MORTGAGE PASS-THROUGH TRUST
2006-J3, CHL MORTGAGE PASSTHROUGH
TRUST 2006-J4, CHL
MORTGAGE PASS-THROUGH TRUST
2006-OA5, CHL MORTGAGE PASSTHROUGH
TRUST 2007-1, CHL
MORTGAGE PASS-THROUGH TRUST
2007-10, CHL MORTGAGE PASSTHROUGH
TRUST 2007-11, CHL
MORTGAGE PASS-THROUGH TRUST
2007-12, CHL MORTGAGE PASSTHROUGH
TRUST 2007-13, CHL
MORTGAGE PASS-THROUGH TRUST
2007-14, CHL MORTGAGE PASSTHROUGH
TRUST 2007-15, CHL
MORTGAGE PASS-THROUGH TRUST
2007-16, CHL MORTGAGE PASSTHROUGH
TRUST 2007-17, CHL
MORTGAGE PASS-THROUGH TRUST
2007-18, CHL MORTGAGE PASSTHROUGH
TRUST 2007-19, CHL
MORTGAGE PASS-THROUGH TRUST
2007-2, CHL MORTGAGE PASSTHROUGH
TRUST 2007-20, CHL
MORTGAGE PASS-THROUGH TRUST
2007-21, CHL MORTGAGE PASSTHROUGH
TRUST 2007-3, CHL
MORTGAGE PASS-THROUGH TRUST
2007-4, CHL MORTGAGE PASSTHROUGH
TRUST 2007-5, CHL
MORTGAGE PASS-THROUGH TRUST
2007-6, CHL MORTGAGE PASSTHROUGH
TRUST 2007-7, CHL
MORTGAGE PASS-THROUGH TRUST
2007-8, CHL MORTGAGE PASSTHROUGH
TRUST 2007-HY6, CHL
MORTGAGE PASS-THROUGH TRUST
2007-HY7, CHL MORTGAGE PASSTHROUGH
TRUST 2007-HYB1, CHL
MORTGAGE PASS-THROUGH TRUST
2007-HYB2, CHL MORTGAGE PASSTHROUGH
TRUST 2007-J1, CHL
MORTGAGE PASS-THROUGH TRUST
2007-J2, CHL MORTGAGE PASSTHROUGH
TRUST 2007-J3, CHL
MORTGAGE PASS-THROUGH TRUST
2007-J3, CHL MORTGAGE PASSTHROUGH
TRUST 2008-1, CHL
MORTGAGE PASS-THROUGH TRUST
RESECURITIZATION 2008-2R, CWMBS
CHL MORTGAGE PASS-THROUGH
TRUST 2004-HYB5, CWMBS CHL
MORTGAGE PASS-THROUGH TRUST
2004-J7, CWMBS CHL MORTGAGE PASSTHROUGH
TRUST 2004-J8, CWMBS CHL
MORTGAGE PASS-THROUGH TRUST
2004-J9, CWMBS INC – CHL MORTGAGE
PASS-THROUGH TRUST 2004-25,
CWMBS INC – CHL MORTGAGE PASSTHROUGH
TRUST 2004-29, CWMBS INC –
CHL MORTGAGE PASS-THROUGH
TRUST 2005-2, CWMBS INC – CHL
MORTGAGE PASS-THROUGH TRUST
2005-4, CWMBS INC – CHL MORTGAGE
PASS-THROUGH TRUST 2005-5, CWMBS
INC CHL MORTGAGE PASS-THROUGH
TRUST 2002-21, CWMBS INC CHL
MORTGAGE PASS-THROUGH TRUST
2003 4, CWMBS INC CHL MORTGAGE
PASS-THROUGH TRUST 2003-26,
CWMBS INC CHL MORTGAGE PASSTHROUGH
TRUST 2003-3, CWMBS INC
CHL MORTGAGE PASS-THROUGH
TRUST 2003-42, CWMBS INC CHL
MORTGAGE PASS-THROUGH TRUST
2003-48, CWMBS INC CHL MORTGAGE
PASS-THROUGH TRUST 2004-J3,
CWMBS, INC. – CHL MORTGAGE PASSTHROUGH
TRUST 2005-1, CWMBS, INC. –
CHL MORTGAGE PASS-THROUGH
TRUST 2005-7, CWMBS, INC., CHL
MORTGAGE PASS-THROUGH TRUST
2005-26, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2003-3,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2003-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-1, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2006-2,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2006-3, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-4, BANC OF AMERICA
ALTERNATIVE LOAN TRUST 2006-5,
BANC OF AMERICA ALTERNATIVE
LOAN TRUST 2006-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
2006-9, BANC OF AMERICA
ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-10, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-11, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-12, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-4, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-6, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-7, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-9, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-1, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-10, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-11, BANC
OF AMERICA ALTERNATIVE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-2, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-3, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-4, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-5, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-6, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-7, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-8, BANC OF
AMERICA ALTERNATIVE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2005-9, BANC OF
AMERICA MORT SEC INC
ALTERNATIVE LOAN TRUST 2003 11,
BANC OF AMERICA MORT SEC INC
ALTERNATIVE LOAN TRUST 2004 2,
BANC OF AMERICA MORT SEC INC
ALTERNATIVER LOAN TRUST 2003-10,
BANC OF AMERICA MORTGAGE
SECURITIES INC, LONG BEACH
MORTGAGE LOAN TRUST 2004-3,
ASSET-BACKED CERTS., SERIES 2004-3,
LONG BEACH MORTGAGE LOAN
TRUST 2004-4, ASSET-BACKED CERTS.,
SERIES 2004-4, LONG BEACH
MORTGAGE LOAN TRUST 2004-5,
ASSET-BACKED CERTS., SERIES 2004-5,
LONG BEACH MORTGAGE LOAN
TRUST 2004-6, ASSET-BACKED CERTS.,
SERIES 2004-6, LONG BEACH
MORTGAGE LOAN TRUST 2005-1,
ASSET-BACKED CERTS., SERIES 2005-1,
LONG BEACH MORTGAGE LOAN
TRUST 2005-2 ASSET-BACKED
CERTIFICATES, SERIES 2005-2, LONG
BEACH MORTGAGE LOAN TRUST 2005-
3 ASSET-BACKED CERTIFICATES,
SERIES 2005-3, LONG BEACH
MORTGAGE LOAN TRUST 2005-WL1
ASSET-BACKED CERTIFICATES, SERIES
2005-WL1, LONG BEACH MORTGAGE
LOAN TRUST 2005-WL2 ASSET-BACKED
CERTIFICATES, LONG BEACH
MORTGAGE LOAN TRUST 2005-WL3,
LONG BEACH MORTGAGE LOAN
TRUST 2006-1, LONG BEACH
MORTGAGE LOAN TRUST 2006-10,
LONG BEACH MORTGAGE LOAN
TRUST 2006-11, LONG BEACH
MORTGAGE LOAN TRUST 2006-2, LONG
BEACH MORTGAGE LOAN TRUST 2006-
3, LONG BEACH MORTGAGE LOAN
TRUST 2006-4, LONG BEACH
MORTGAGE LOAN TRUST 2006-5, LONG
BEACH MORTGAGE LOAN TRUST 2006-
6, LONG BEACH MORTGAGE LOAN
TRUST 2006-7, LONG BEACH
MORTGAGE LOAN TRUST 2006-8, LONG
BEACH MORTGAGE LOAN TRUST 2006-
9, LONG BEACH MORTGAGE LOAN
TRUST 2006-A, LONG BEACH
MORTGAGE LOAN TRUST 2006-WL1,
LONG BEACH MORTGAGE LOAN
TRUST 2006-WL2, LONG BEACH
MORTGAGE LOAN TRUST 2006-WL3,
LONG BEACH SECURITIES CORP,
WAMU ASSET-BACKED CERTIFICATES,
WAMU SERIES 2007-HE1, WAMU
ASSET-BACKED CERTIFICATES, WAMU
SERIES 2007-HE2, WAMU ASSETBACKED
CERTIFICATES, WAMU SERIES
2007-HE3, WAMU ASSET-BACKED
CERTIFICATES, WAMU SERIES 2007-
HE4, WAMU MOR PASS THRU CERT SER
2001-AR1, WAMU MORTAGE PASS
THRU CERT SER 2003-S8, WAMU
MORTAGE PASS THRU CERT SERIES
2003-AR3, WAMU MORTGAGE PASS
THR CERTS SER 2003-AR12, WAMU
MORTGAGE PASS THROUGH CER SER
2003-AR8, WAMU MORTGAGE PASS
THROUGH CERT 2002-AR10, WAMU
MORTGAGE PASS THROUGH CERT SER
2002-AR19, WAMU MORTGAGE PASS
THROUGH CERT SER 2003-S1, WAMU
MORTGAGE PASS THROUGH CERT
SERIES 2001-5, WAMU MORTGAGE
PASS THROUGH CERT SERIES 2001-S8,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES 2002-S1, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES 2002-S7, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2001-AR2,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2001-AR3,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2001-AR4,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2001-S11, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002 AR12,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002 AR14,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR11,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR13,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR15,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR16,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR17,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-AR3,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-S2, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-S3, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-S4, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-S6, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2002-S6, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003 S3, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003 S4, WAMU
MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003-AR1,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003-AR4,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003-AR5,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003-AR6,
WAMU MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2003-S2, WAMU
MORTGAGE PASS THROUGH CERTS
SER 2003-AR10, WAMU MORTGAGE
PASS THROUGH CERTS SER 2003-S10,
WAMU MORTGAGE PASS THROUGH
CERTS SER 2003-S11, WAMU
MORTGAGE PASS THROUGH CERTS
SER 2003-S9, WAMU MORTGAGE PASS
THROUGH CERTS SERIES 2003-S5,
WAMU MORTGAGE PASS THROUGH
CERTS SERIES 2004-S1, WAMU
MORTGAGE PASS THRU CERTIFICATE
SERIES 2001-AR6, WAMU MORTGAGE
PASS THRU CERTIFICATES SERIES
2002-MS8, WAMU MORTGAGE PASS
THRU CERTIFICATES SERIES 2002-MS9,
WAMU MORTGAGE PASS THRU CERTS
SERIES 2002-ARS, WAMU MORTGAGE
PASS-THROUGH CERTIFICATE SERIES
2002-AR4, WAMU MORTGAGE PASSTHROUGH
CERTIFICATES SER 2003-S12,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2001-S10, WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2003-S7, WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004 AR-3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-AR1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-AR2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-AR4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-AR6,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-CB1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-RS2, WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-S2, WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR10,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR11,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR13,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR14,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR5,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR7,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR8,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-AR9,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-CB2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-CB3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-CB4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-S3, WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR10,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR12,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR13,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR14,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR15,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR16,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR17,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR18,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR19,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR5,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR6,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR7,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR8,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR8,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR9,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR10,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR11,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR12,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR13,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR14,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR15,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR16,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR17,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR18,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR19,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR5,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR6,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR7,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR8,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR9,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY5,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY6,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-HY7,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA1,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA2,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA3,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA4,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA5,
WAMU MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OA6,
WAMU MORTGAGE PASS-THRU CERT
SERIES 2003-AR2, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PA TH CE SE 02 AR7, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PA TH CE SE 03 S6, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PA TH CE SE 2002 S5, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PA TH CE SE 2002-AR9, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PA TH CER SE 02 AR18, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PS TH CE SE 03 AR9, WASHINGTON
MUTUAL MORT SEC CORP WAMU MO
PS TH CE SE 03 S13, WASHINGTON
MUTUAL MORT SEC CORP WAMU MOR
PAS TH CE SE 03 AR7, WASHINGTON
MUTUAL MORT SEC CORP WAMU
SERIES 2003-AR11, WASHINGTON
MUTUAL MORT SEC WAMU MOR PA TH
CE SE 2002 AR2, AMERIQUEST
MORTGAGE SECURITIES INC,
AMERIQUEST MORTGAGE SECURITIES
INC ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R4,
AMERIQUEST MORTGAGE SECURITIES
INC ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R6,
AMERIQUEST MORTGAGE SECURITIES
INC ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R7,
AMERIQUEST MORTGAGE SECURITIES
INC ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R8,
AMERIQUEST MORTGAGE SECURITIES
INC ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R9,
AMERIQUEST MORTGAGE SECURITIES
INC. ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-IA1,
AMERIQUEST MORTGAGE SECURITIES
INC. ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R10,
AMERIQUEST MORTGAGE SECURITIES
INC. ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2004-R11,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2003-1,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2003-6,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2003-AR2,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2003-AR3,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R10,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R5,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R6,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R7,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R8,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-R9,
AMERIQUEST MORTGAGE SECURITIES
TRUST 2006-R1, ASSET-BACKED PASSTHROUGH
CERTIFICATES, SERIES 2006-
R1, ARGENT SECURITIES INC, ARGENT
SECURITIES INC ASSET-BACKED PASSTHROUGH
CERTIFICATES SERIES 2004-
W7, ARGENT SECURITIES INC ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-PW1,
ARGENT SECURITIES INC ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-W10,
ARGENT SECURITIES INC ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-W11,
ARGENT SECURITIES INC ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-W9,
ARGENT SECURITIES INC. , ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2006-W1,
ARGENT SECURITIES INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-W2,
ARGENT SECURITIES INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-W3,
ARGENT SECURITIES INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-W4,
ARGENT SECURITIES INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-W5,
ARGENT SECURITIES INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2006-W2,
ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2003-W7, ASSETBACKED
PASS-THROUGH
CERTIFICATES SERIES 2004-R2, ASSETBACKED
PASS-THROUGH
CERTIFICATES SERIES 2004-W1, ASSETBACKED
PASS-THROUGH
CERTIFICATES SERIES 2005-R2, ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-R12,
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-R5, ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-R4,
CARRINGTON HOME EQUITY LOAN
TRUST, SERIES 2005-NC4 ASSETBACKED
PASS-THROUGH
CERTIFICATES, CITIGROUP
MORTGAGE LOAN TRUST 2006-WFHE1,
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-WFHE1,
CITIGROUP MORTGAGE LOAN TRUST
INC, CITIGROUP MORTGAGE LOAN
TRUST INC. ASSET-BACKED PASSTHROUGH
CERTIFICATES, SERIES 2005-
WF1, CITIGROUP MORTGAGE LOAN
TRUST INC. ASSET-BACKED PASSTHROUGH
CERTIFICATES, SERIES 2005-
WF2, CITIGROUP MORTGAGE LOAN
TRUST INC., ASSET-BACKED PASSTHROUGH
CERTIFICATES, SERIES 2006-
WMC1, GE-WMC ASSET-BACKED PASSTHROUGH
CERTIFICATES, SERIES 2005-
2, HOMESTAR MORTGAGE
ACCEPTANCE CORP ASSET-BACKED
PASS-THROUGH CERTIFICATES, SERIES
2004-4, MORTGAGE ASSET-BACKED
PASS-THROUGH CERTIFICATES, SERIES
2005-QS9, OPTEUM MORTGAGE
ACCEPTANCE CORP, OPTEUM
MORTGAGE ACCEPTANCE CORP.
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-4, PARK
PLACE SECURITIES INC ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WCW1,
PARK PLACE SECURITIES, INC., PARK
PLACE SECURITIES, INC. ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-MCW1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-MHQ1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WCH1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WCW2,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WHQ1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WHQ2,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2004-WWF1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WCW2,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WCW2,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WCW3,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WHQ1,
PARK PLACE SECURITIES, INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WHQ4,
PARK PLACE SECURITIES, INC., ASSET-
BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-WLL1,
AMERICAN HOME MORT SECURITIES
HOME MORTGAGE INVEST TR 2004-1,
AMERICAN HOME MORT SECUTIES
HOME MORTGAGE INVEST TR 2004-1,
AMERICAN HOME MORTGAGE ASSETS
LLC, AMERICAN HOME MORTGAGE
ASSETS TRUST 2005-1, AMERICAN
HOME MORTGAGE ASSETS TRUST
2005-2, AMERICAN HOME MORTGAGE
ASSETS TRUST 2006-1, AMERICAN
HOME MORTGAGE ASSETS TRUST
2006-2, AMERICAN HOME MORTGAGE
ASSETS TRUST 2006-3, AMERICAN
HOME MORTGAGE ASSETS TRUST
2006-4, AMERICAN HOME MORTGAGE
ASSETS TRUST 2006-5, AMERICAN
HOME MORTGAGE ASSETS TRUST
2006-6, AMERICAN HOME MORTGAGE
ASSETS TRUST 2007-1, AMERICAN
HOME MORTGAGE ASSETS TRUST
2007-2, AMERICAN HOME MORTGAGE
ASSETS TRUST 2007-3, AMERICAN
HOME MORTGAGE ASSETS TRUST
2007-4, AMERICAN HOME MORTGAGE
ASSETS TRUST 2007-5, AMERICAN
HOME MORTGAGE INVESTMENT CORP,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2004-2,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2004-3,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2004-4,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2005-1,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2005-2,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2005-3,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2005-4,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2006-1,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2006-2,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2006-3,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2007-1,
AMERICAN HOME MORTGAGE
INVESTMENT TRUST 2007-2, CITICORP
MORTGAGE SEC INC REMIC CER
SERIES 2003-9, CITICORP MORTGAGE
SEC INC REMIC PASS THR CER SER
2003-3, CITICORP MORTGAGE SEC INC
REMIC PASS THR CERTS SERIES 2003 5,
CITICORP MORTGAGE SEC INC REMIC
PASS-THR CERT SER 2003-4, CITICORP
MORTGAGE SECURITIES INC, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2006-1, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2006-2,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2006-3, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2006-4, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2006-5,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2006-6, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2006-7, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2007-1,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2007-2, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2007-3, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2007-4,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2007-5, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2007-6, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2007-7,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2007-8, CITICORP
MORTGAGE SECURITIES TRUST,
SERIES 2007-9, CITICORP MORTGAGE
SECURITIES TRUST, SERIES 2008-1,
CITICORP MORTGAGE SECURITIES
TRUST, SERIES 2008-2, CITICORP
RESIDENTIAL MORTGAGE SECURITIES,
INC., CITICORP RESIDENTIAL
MORTGAGE TRUST SERIES 2006-1,
CITICORP RESIDENTIAL MORTGAGE
TRUST SERIES 2006-2, CITICORP
RESIDENTIAL MORTGAGE TRUST
SERIES 2006-3, CITICORP RESIDENTIAL
MORTGAGE TRUST SERIES 2007-1,
CITICORP RESIDENTIAL MORTGAGE
TRUST SERIES 2007-2, CITIGROUP
MORT LN TR ASST BACK PS THR
CERTS SER 2003-HE3, CITIGROUP MORT
LOAN TRUST INC ASSET BK PAS THR
CE SE 03 HE2, CITIGROUP MORT LOAN
TRUST INC MORT PAS THR CERT SE 03
1, CITIGROUP MORTGAG LOAN TRUST
SERIES 2003-UP3, CITIGROUP
MORTGAGE LOAN TRUST 2005-11,
CITIGROUP MORTGAGE LOAN TRUST
2005-6, CITIGROUP MORTGAGE LOAN
TRUST 2006-4, CITIGROUP MORTGAGE
LOAN TRUST 2006-AMC1, CITIGROUP
MORTGAGE LOAN TRUST 2006-AR1,
CITIGROUP MORTGAGE LOAN TRUST
2006-AR5, CITIGROUP MORTGAGE
LOAN TRUST 2006-AR6, CITIGROUP
MORTGAGE LOAN TRUST 2006-AR7,
CITIGROUP MORTGAGE LOAN TRUST
2006-AR9, CITIGROUP MORTGAGE
LOAN TRUST 2006-CB3, CITIGROUP
MORTGAGE LOAN TRUST 2006-FX1,
CITIGROUP MORTGAGE LOAN TRUST
2006-HE1, CITIGROUP MORTGAGE
LOAN TRUST 2006-HE2, CITIGROUP
MORTGAGE LOAN TRUST 2006-HE3,
CITIGROUP MORTGAGE LOAN TRUST
2006-NC1, CITIGROUP MORTGAGE
LOAN TRUST 2006-NC2, CITIGROUP
MORTGAGE LOAN TRUST 2006-WF1,
CITIGROUP MORTGAGE LOAN TRUST
2006-WF2, CITIGROUP MORTGAGE
LOAN TRUST 2006-WFHE1, ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2006-WFHE1,
CITIGROUP MORTGAGE LOAN TRUST
2006-WFHE2, CITIGROUP MORTGAGE
LOAN TRUST 2006-WFHE3, CITIGROUP
MORTGAGE LOAN TRUST 2006-WFHE4,
CITIGROUP MORTGAGE LOAN TRUST
2007-10, CITIGROUP MORTGAGE LOAN
TRUST 2007-2, CITIGROUP MORTGAGE
LOAN TRUST 2007-6, CITIGROUP
MORTGAGE LOAN TRUST 2007-8,
CITIGROUP MORTGAGE LOAN TRUST
2007-AHL1, CITIGROUP MORTGAGE
LOAN TRUST 2007-AHL2, CITIGROUP
MORTGAGE LOAN TRUST 2007-AHL3,
CITIGROUP MORTGAGE LOAN TRUST
2007-AMC1, CITIGROUP MORTGAGE
LOAN TRUST 2007-AMC2, CITIGROUP
MORTGAGE LOAN TRUST 2007-AMC3,
CITIGROUP MORTGAGE LOAN TRUST
2007-AMC4, CITIGROUP MORTGAGE
LOAN TRUST 2007-AR1, CITIGROUP
MORTGAGE LOAN TRUST 2007-AR4,
CITIGROUP MORTGAGE LOAN TRUST
2007-AR5, CITIGROUP MORTGAGE
LOAN TRUST 2007-CB3, CITIGROUP
MORTGAGE LOAN TRUST 2007-OPX1,
CITIGROUP MORTGAGE LOAN TRUST
2007-WFHE1, CITIGROUP MORTGAGE
LOAN TRUST 2007-WFHE2, CITIGROUP
MORTGAGE LOAN TRUST 2007-WFHE3,
CITIGROUP MORTGAGE LOAN TRUST
2007-WFHE4, CITIGROUP MORTGAGE
LOAN TRUST INC, CITIGROUP
MORTGAGE LOAN TRUST INC
CARRINGTON MORTGAGE LOAN
TRUST, SERIES 2004-NC2, CITIGROUP
MORTGAGE LOAN TRUST INC C-BASS
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2004-CB7,
CITIGROUP MORTGAGE LOAN TRUST
INC SERIES 2004-HYB3, CITIGROUP
MORTGAGE LOAN TRUST INC SERIES
2004-NCM2, CITIGROUP MORTGAGE
LOAN TRUST INC SERIES 2004-OPT1,
CITIGROUP MORTGAGE LOAN TRUST
INC SERIES 2004-UST1, CITIGROUP
MORTGAGE LOAN TRUST INC SERIES
2004-UST1, CITIGROUP MORTGAGE
LOAN TRUST INC SERIES 2005-OPT1,
CITIGROUP MORTGAGE LOAN TRUST
INC SERIES 2005-OPT2, CITIGROUP
MORTGAGE LOAN TRUST INC,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1,
CITIGROUP MORTGAGE LOAN TRUST
INC. 2005-4, CITIGROUP MORTGAGE
LOAN TRUST INC. 2005-7, CITIGROUP
MORTGAGE LOAN TRUST INC. ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2005-WF1,
CITIGROUP MORTGAGE LOAN TRUST
INC. ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-WF2,
CITIGROUP MORTGAGE LOAN TRUST
INC. MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-NCM1,
CITIGROUP MORTGAGE LOAN TRUST
INC. MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-2,
CITIGROUP MORTGAGE LOAN TRUST
INC. SERIES 2004 – HYB4, CITIGROUP
MORTGAGE LOAN TRUST INC., ASSETBACKED
PASS-THROUGH
CERTIFICATES, SERIES 2006-WMC1,
CITIGROUP MORTGAGE LOAN TRUST
INC., SERIES 2005-3, CITIGROUP
MORTGAGE LOAN TRUST INC., SERIES
2005-5, CITIGROUP MORTGAGE LOAN
TRUST INC., SERIES 2005-8, CITIGROUP
MORTGAGE LOAN TRUST INC., SERIES
2005-9, CITIGROUP MORTGAGE LOAN
TRUST INC., SERIES 2005-HE3,
CITIGROUP MORTGAGE LOAN TRUST
INC., SERIES 2005-HE4, CITIGROUP
MORTGAGE LOAN TRUST INC., SERIES
2006-AR2, CITIGROUP MORTGAGE
LOAN TRUST INC., SERIES 2006-AR3,
CITIGROUP MORTGAGE LOAN TRUST
INC., SERIES 2007-AR7, CITIGROUP
MORTGAGE LOAN TRUST SERIES 2003
UST-1, CITIGROUP MORTGAGE LOAN
TRUST SERIES 2004-CB3, CITIGROUP
MORTGAGE LOAN TRUST SERIES 2004-
HYB1, CITIGROUP MORTGAGE LOAN
TRUST SERIES 2004-HYB2, CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2004-
RES1, CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2005-10, CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2005-
CB4, CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2005-CB8, C-BASS
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2005-
OPT3, CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2005-OPT4, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A1, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A2, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A3, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A4, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A5, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A6, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2006-A7, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A1, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A2, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A3, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A4, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A5, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A6, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A7, CMALT
(CITIMORTGAGE ALTERNATIVE LOAN
TRUST), SERIES 2007-A8, STRUCTURED
ASSET MORTGAGE INVESTMENTS II
INC, STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., HOMEBANC
MORTGAGE TRUST 2004-2,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2004-AR4,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2004-AR6,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2004-AR7,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2004-AR8,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR2,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR5,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR6,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR7,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-AR8,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-F1,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-F2,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2005-F3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR1,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR2,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR4,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR5,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR6,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR7,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR8,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR1,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR2,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR4,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR5,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR6,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR7,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST SERIES 2004-
AR3, STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST SERIES 2005-
AR1, STRUCTURED ASSET MORTGAGE
INVESTMENTS TRUST 2003 AR3,
STRUCTURED ASSET MORTGAGE
INVESTMENTS TRUST 2003-AR1, SG
MORTGAGE SECURITIES TRUST 2005-
OPT1, SG MORTGAGE SECURITIES
TRUST 2006-FRE1, SG MORTGAGE
SECURITIES TRUST 2006-FRE2, SG
MORTGAGE SECURITIES TRUST 2006-
OPT2, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR1, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR11, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR12, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR13, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR14, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR15, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR2, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR3, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR4, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR5, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR6, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR7, INDYMAC INDX MORTGAGE
LOAN TRUST 2004-AR8, INDYMAC
INDX MORTGAGE LOAN TRUST 2004-
AR9, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR1, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR10, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR11, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR12, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR13, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR14, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR15, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR16IP, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR17, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR18, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR19, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR2, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR21, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR23, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR25, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR27, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR29, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR3, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR31, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR33, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR35, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR4, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR5, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR6, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR7, INDYMAC
INDX MORTGAGE LOAN TRUST 2005-
AR8, INDYMAC INDX MORTGAGE
LOAN TRUST 2005-AR9, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR11, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR12, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR13, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR14, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR15, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR19, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR2, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR21, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR23, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR25, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR27, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR27, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR29, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR3, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR31, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR33, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR35, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR37, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR39, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR4, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR41, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR5, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR6, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR7, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
AR8, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-AR9, INDYMAC
INDX MORTGAGE LOAN TRUST 2006-
FLX1, INDYMAC INDX MORTGAGE
LOAN TRUST 2006-R1, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-AR1,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-AR11, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-AR13,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-AR15, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-AR17,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-AR19, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-AR21IP,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-AR5, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-AR7,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-AR9, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-FLX1,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-FLX2, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-FLX3,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-FLX4, INDYMAC INDX
MORTGAGE LOAN TRUST 2007-FLX5,
INDYMAC INDX MORTGAGE LOAN
TRUST 2007-FLX6, GMAC MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2004-AR1, RESIDENTIAL ASSET
MORTGAGE PRODUCTS INC, GMACM
HOME EQUITY LOAN BACKED NOTES
SERIES 2002-HE4, GMACM HOME
EQUITY LOAN BACKED TERM NOTES
SER 2003-HE1, GMACM HOME EQUITY
LOAN BACKED TERM NOTES SERIES
2000-HE4, GMACM HOME EQUITY
LOAN TRUST 2003-HE2, GMACM HOME
EQUITY LOAN TRUST 2004-HE3,
GMACM HOME EQUITY LOAN TRUST
2004-HE4, GMACM HOME EQUITY
LOAN TRUST 2004-HE5, GMACM HOME
EQUITY LOAN TRUST 2005-HE1,
GMACM HOME EQUITY LOAN TRUST
2005-HE2, GMACM HOME EQUITY
LOAN TRUST 2005-HE3, GMACM HOME
EQUITY LOAN TRUST 2006-HE5,
GMACM HOME EQUITY LOAN-BACKED
NOTES SERIES 2001-HE1, GMACM
HOME EQUITY LOAN-BACKED TERM
NOTES SERIES 2001-HE2, GMACM
HOME EQUITY LOAN-BACKED TERM
NOTES SERIES 2001-HE3, GMACM
HOME LOAN BACKED TERM NOTES
SERIES 2000-CL1, GMACM HOME LOAN
BACKED TERM NOTES SERIES 2000-
HLTV2, GMACM HOME LOAN BACKED
TERM NOTES SERIES 2002-HLTV1,
GMACM HOME LOAN TRUST 2004-
HLTV1, GMACM HOME LOAN-BACKED
TERM NOTES SERIES 2001-CL1, GMACM
HOME LOAN-BACKED TERM NOTES
SERIES 2001-HLTV1, GMACM HOME
LOAN-BACKED TERM NOTES SERIES
2001-HLTV2, GMACM MORTGAGE
LOAN BACKED NOTES SERIES 2000-
HE3, GMACM MORTGAGE LOAN TRUST
2003-J7, GMACM MORTGAGE LOAN
TRUST 2004-GH1, GMACM MORTGAGE
LOAN TRUST 2005-AA1, GMACM
MORTGAGE LOAN TRUST 2005-AF1,
GMACM MORTGAGE LOAN TRUST
2005-AF2, GMACM MORTGAGE LOAN
TRUST 2005-AR1, GMACM MORTGAGE
LOAN TRUST 2005-AR2, GMACM
MORTGAGE LOAN TRUST 2005-AR3,
GMACM MORTGAGE LOAN TRUST
2005-AR4, GMACM MORTGAGE LOAN
TRUST 2005-AR5, GMACM MORTGAGE
LOAN TRUST 2005-AR6, GMACM
MORTGAGE LOAN TRUST 2005-J1,
GMACM MORTGAGE PASS THRU
CERTS SERIES 2003-J8, GMACM
MORTGAGE PASS-THROUGH
CERIFICATES, SERIES 2004-J5, GMACM
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2003-J5, GMACM
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2004-AR2,
GMACM MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-J2, GMACM
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-J3, GMACM
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-J4, GMACM
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-J6, RAAC
SERIES 2004-SP1 TRUST, RAAC SERIES
2004-SP2, RAAC SERIES 2004-SP3, RAAC
SERIES 2005-SP1 TRUST, RAAC SERIES
2005-SP3 TRUST, RAAC SERIES 2007 SP2
TRUST, RAAC SERIES 2007-SP1 TRUST,
RAAC SERIES 2007-SP3 TRUST, RAAC
SERIES 2007-SP3 TRUST, RAMP SERIES
2004-R12 TRUST, RAMP SERIES 2004-RS1
TRUST, RAMP SERIES 2004-RS1 TRUST,
RAMP SERIES 2004-RS10 TRUST, RAMP
SERIES 2004-RS11 TRUST, RAMP SERIES
2004-RS2 TRUST, RAMP SERIES 2004-
RS4 TRUST, RAMP SERIES 2004-RS5
TRUS, RAMP SERIES 2004-RS6 TRUST,
RAMP SERIES 2004-RS7 TRUST, RAMP
SERIES 2004-RS8 TRUST, RAMP SERIES
2004-RS9 TRUST, RAMP SERIES 2004-
RZ2 TRUST, RAMP SERIES 2004-RZ3
TRUST, RAMP SERIES 2004-RZ3 TRUST,
RAMP SERIES 2004-RZ4 TRUST, RAMP
SERIES 2004-SL2 TRUST, RAMP SERIES
2004-SL3 TRUST, RAMP SERIES 2004-SL4
TRUST, RAMP SERIES 2005 SL2 TRUST,
RAMP SERIES 2005-EFC1 TRUST, RAMP
SERIES 2005-EFC2, RAMP SERIES 2005-
EFC3 TRUST, RAMP SERIES 2005-EFC4
TRUST, RAMP SERIES 2005-EFC5 TRUST,
RAMP SERIES 2005-EFC6 TRUST, RAMP
SERIES 2005-RS2 TRUST, RAMP SERIES
2005-RS3 TRUST, RAMP SERIES 2005-
RS3 TRUST, RAMP SERIES 2005-RS4
TRUST, RAMP SERIES 2005-RS5 TRUST,
RAMP SERIES 2005-RS6 TRUST, RAMP
SERIES 2005-RS7 TRUST, RAMP SERIES
2005-RS8 TRUST, RAMP SERIES 2005-
RS9 TRUST, RAMP SERIES 2005-RZ1
TRUST, RAMP SERIES 2005-RZ2 TRUST,
RAMP SERIES 2005-RZ3 TRUST, RAMP
SERIES 2005-RZ4 TRUST, RAMP SERIES
2005-SL1 TRUST, RAMP SERIES 2005-SP2
TRUST, RAMP SERIES 2006-RS2 TRUST,
RAMP SERIES 2006-RS2 TRUST, RAMP
SERIES 2006-SP1 TRUST, RESIDENTIAL
ASSET BACKED PASS THR CERTS SER
2003-RS4, RESIDENTIAL ASSET GMACM
MORTGAGE LOAN TRUST 2004-JR1,
RESIDENTIAL ASSET MOR PRO INC
GMACM MO PASS TH CE SE 2006 J6,
RESIDENTIAL ASSET MORT PRO INC
GMACM MO PA TH CE SE 03 AR2,
RESIDENTIAL ASSET MORT PROD
GMACM PS THR CERTS SER 2003-J4,
RESIDENTIAL ASSET MORT PROD INC
GMACH HM EQ LN TR 2002-HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ L N TR 04 HE2,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2000 HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2000 HE2,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2001 HE4,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2004 HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM MORT LN TR 03-J2,
RESIDENTIAL ASSET MORT PROD INC
RAMP SERIES 2004 RZ1 TRUST,
RESIDENTIAL ASSET MORT PROD INC
RAMP SERIES 2004 SL1 TRUST,
RESIDENTIAL ASSET MORT PRODS INC
GMACM MORT LN TR 03 GH2,
RESIDENTIAL ASSET MORT PRODS INC
GMACM MORT LOAN TR 03 J10,
RESIDENTIAL ASSET MORT PRODUCT
GMACM LOAN SER 2003-AR1,
RESIDENTIAL ASSET MORT PRODUCTS
INC GMACM MORT LN TR 03 J3,
RESIDENTIAL ASSET MORT PRODUCTS
INC GMACM MORT LN TR 03-J1,
RESIDENTIAL ASSET MORTGAGE PROD
INC GMACM MOR LN TR 2003-GH1,
RESIDENTIAL ASSET MORTGAGE
PRODUCTS GMACM TRUST 2004-J1,
RESIDENTIAL ASSET MORTGAGE
PRODUCTS INC, RAMP SERIES 2005-RS3
TRUST, RAMP SERIES 2005-RS4 TRUST,
RAMP SERIES 2005-RS5 TRUST, RAMP
SERIES 2005-RS6 TRUST, RAMP SERIES
2005-RS7 TRUST, RAMP SERIES 2005-
RS8 TRUST, RAMP SERIES 2005-RS9
TRUST, RAMP SERIES 2005-RZ1 TRUST,
RAMP SERIES 2005-RZ2 TRUST, RAMP
SERIES 2005-RZ3 TRUST, RAMP SERIES
2005-RZ4 TRUST, RAMP SERIES 2005-
SL1 TRUST, RAMP SERIES 2005-SP2
TRUST, RAMP SERIES 2006-RS2 TRUST,
RAMP SERIES 2006-RS2 TRUST, RAMP
SERIES 2006-SP1 TRUST, RESIDENTIAL
ASSET BACKED PASS THR CERTS SER
2003-RS4, RESIDENTIAL ASSET GMACM
MORTGAGE LOAN TRUST 2004-JR1,
RESIDENTIAL ASSET MOR PRO INC
GMACM MO PASS TH CE SE 2006 J6,
RESIDENTIAL ASSET MORT PRO INC
GMACM MO PA TH CE SE 03 AR2,
RESIDENTIAL ASSET MORT PROD
GMACM PS THR CERTS SER 2003-J4,
RESIDENTIAL ASSET MORT PROD INC
GMACH HM EQ LN TR 2002-HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ L N TR 04 HE2,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2000 HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2000 HE2,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2001 HE4,
RESIDENTIAL ASSET MORT PROD INC
GMACM HOME EQ LN TR 2004 HE1,
RESIDENTIAL ASSET MORT PROD INC
GMACM MORT LN TR 03-J2,
RESIDENTIAL ASSET MORT PROD INC
RAMP SERIES 2004 RZ1 TRUST,
RESIDENTIAL ASSET MORT PROD INC
RAMP SERIES 2004 SL1 TRUST,
RESIDENTIAL ASSET MORT PRODS INC
GMACM MORT LN TR 03 GH2,
RESIDENTIAL ASSET MORT PRODS INC
GMACM MORT LOAN TR 03 J10,
RESIDENTIAL ASSET MORT PRODUCT
GMACM LOAN SER 2003-AR1,
RESIDENTIAL ASSET MORT PRODUCTS
INC GMACM MORT LN TR 03 J3,
RESIDENTIAL ASSET MORT PRODUCTS
INC GMACM MORT LN TR 03-J1,
RESIDENTIAL ASSET MORTGAGE PROD
INC GMACM MOR LN TR 2003-GH1,
RESIDENTIAL ASSET MORTGAGE
PRODUCTS GMACM TRUST 2004-J1,
RESIDENTIAL ASSET MORTGAGE
PRODUCTS INC, RESIDENTIAL ASSET
MORTGAGE PRODUCTS INC TRUST
2000-HLTV1, RESIDENTIAL ASSET
MORTGAGE PRODUCTS RAMP TRUST
2004-RS3, RESIDENTIAL ASST MORT
PROD GMACM MT PS THR CERTS SER
2003-J9, DEUTSCHE ALT-A SECURITIES
MORTGAGE LOAN TRUST SERIES 2007-
2, DEUTSCHE ALT-A SECURITIES
MORTGAGE LOAN TRUST SERIES 2007-
OA5 /DE, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AF1, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AR2, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AR3, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AR4, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AR5, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-AR6, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2006-OA1, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-1, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-3, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-AR1, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-AR2, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-AR3, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-OA1, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-OA2, DEUTSCHE ALT-A
SECURITIES MORTGAGE LOAN TRUST,
SERIES 2007-OA3 /DE, DEUTSCHE ALTA
SECURITIES MORTGAGE LOAN
TRUST, SERIES 2007-OA4 /DE,
DEUTSCHE ALT-A SECURITIES
MORTGAGE LOAN TRUST, SERIES 2007-
RAMP1, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-1, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-2, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-3, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-4, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-5, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-6, DEUTSCHE ALT-A SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2005-AR1, DEUTSCHE ALT-A
SECURITIES, INC. MORTGAGE LOAN
TRUST, SERIES 2005-AR2, DEUTSCHE
ALT-A SECURITIES, INC. MORTGAGE
LOAN TRUST, SERIES 2006-AR1,
DEUTSCHE ALT-B SECURITIES
MORTGAGE LOAN TRUST, SERIES 2006-
AB1, DEUTSCHE ALT-B SECURITIES
MORTGAGE LOAN TRUST, SERIES 2006-
AB3, DEUTSCHE ALT-B SECURITIES
MORTGAGE LOAN TRUST, SERIES 2007-
AB1, DEUTSCHE ALT-B SECURITIES,
INC. MORTGAGE LOAN TRUST, SERIES
2006-AB2, DEUTSHE ALT-A
SECURITIES, INC. MORTGAGE LOAN
TRUST, SERIES 2005-AR1, MORTGAGE
LOAN TRUST SERIES 2003-2XS, SASCO
MORTGAGE LOAN TRUST 2004-GEL3,
SASCO MORTGAGE LOAN TRUST 2005-
WF3, SASCO MORTGAGE LOAN TRUST
SERIES 2003-GEL1, SASCO MORTGAGE
LOAN TRUST SERIES 2004-GEL2, SASCO
MORTGAGE LOAN TRUST SERIES 2005-
GEL1, SASCO MORTGAGE LOAN TRUST
SERIES 2005-GEL2, SASCO MORTGAGE
LOAN TRUST SERIES 2005-GEL3, SASCO
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2005-NC1,
SASCO MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2005-NC2,
SASCO MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-S4, SASCO
MORTGAGE PASS-THROUGH
CERTIFIDATES, SERIES 2005-WMC1,
STRUCT ASS MORT INV INC BS ALTA
MORT PAS THR CER SER 2003 1,
STRUCTURED ADJUSTABLE RATE
MORTGAGE, STRUCTURED
ADJUSTABLE RATE MORTGAGE LOAN
TRUST 2004-5, STRUCTURED
ADJUSTABLE RATE MORTGAGE LOAN
TRUST 2005-3XS, STRUCTURED
ADJUSTABLE RATE MORTGAGE LOAN
TRUST 2005-6XS, STRUCTURED
ADJUSTABLE RATE MORTGAGE LOAN
TRUST 2005-8XS, STRUCTURED
ADJUSTABLE RATE MORTGAGE LOAN
TRUST MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-14,
STRUCTURED ADJUSTABLE RATE
MORTGAGE LOAN TRUST MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2004-15, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-16,
STRUCTURED ADJUSTABLE RATE
MORTGAGE LOAN TRUST MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2004-17, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-12, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-15, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-16XS, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-17, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-18, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-2, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-20, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-20, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-21, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-22, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-23, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-4, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-7, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2005-7N, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-1, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-10, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-11, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-12, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-2, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-3, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-4, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-5, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-6, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-7, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-8, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2006-9, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-1, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-10, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-11, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-2, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-3, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-4, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-5, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-6, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-7, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-8, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2007-9, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2008-1, STRUCTURED ADJUSTABLE
RATE MORTGAGE LOAN TRUST SERIES
2008-2, STRUCTURED ASSET MORT INV
II INC BEAR STEARNS ALT A TR 04 1,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 10,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 11,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 3,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 5,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 6,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 7,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 8,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 04 9,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 05 2,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ALT A TR 05 3,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ARM TR 2004 1,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ARM TR 2004 2,
STRUCTURED ASSET MORT INV II INC
BEAR STEARNS ARM TRUST 03-7,
STRUCTURED ASSET MORT INV II INC
MORT PAS THR CERT SE 04 CL1,
STRUCTURED ASSET MORT INV II INC
PRIME MORTGAGE TRUST 2003 2,
STRUCTURED ASSET MORT INV II INC
THORNBURG MORT SEC TR 03 5,
STRUCTURED ASSET MORT INV INC
BEAR STEARNS ALT A TR 03 4,
STRUCTURED ASSET MORT INV INC
BEAR STEARNS ARM TRUST 2003 3,
STRUCTURED ASSET MORT INV INC
MORT BACK NTS SER 2003-1,
STRUCTURED ASSET MORT INV INC
MORT PAS THR CERTS SER 2003-3,
STRUCTURED ASSET MORT INV INC
MORT PASS THR CERTS SER 2003-1,
STRUCTURED ASSET MORT INV INC
THORNBURG MORT SEC TR 2003-2,
STRUCTURED ASSET MORT INVEST
INC MORT PAS THR CERT SE 03 CL1,
STRUCTURED ASSET MORT INVEST
INC MORT PAS THR CERTS SER 03 1,
STRUCTURED ASSET MORT
INVESTMENT THORNBURG SEC TRUST
2004-1, STRUCTURED ASSET MORT
PASS THRU CERTS SERIES 2003 AR4,
STRUCTURED ASSET MORT PASS THRU
CERTS SERIES 2004 AR3, STRUCTURED
ASSET MORTGAGE INVEST TRUST
2003-AR2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II 2005-AR4,
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC, STRUCTURED
ASSET MORTGAGE INVESTMENTS II
INC., HOMEBANC MORTGAGE TRUST
2004-2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II SERIES
2004-AR5, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2004-AR4, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2004-AR6, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2004-AR7, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2004-AR8, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR3, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR5, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR6, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR7, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-AR8, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-F1, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-F2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2005-F3, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR1, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR3, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR4, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR5, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR6, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR7, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2006-AR8, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR1, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR2, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR3, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR4, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR5, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR6, STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST
2007-AR7, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2006-BC5, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2006-BC6, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-BC2, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-BC3, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-BC4, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-OSI, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-WF1, STRUCTURED ASSET
SECURITIES CORP MORTGAGE LOAN
TRUST 2007-WF2, STRUCTURED ASSET
SECURITIES CORP MORTGAGE PASSTHROUGH
CERTIFICATES 2004-11XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES 2004-9XS, STRUCTURED
ASSET SECURITIES CORP MORTGAGE
PASS-THROUGH CERTIFICATES 2004-
S2, STRUCTURED ASSET SECURITIES
CORP MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-10,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-13,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-15,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-16XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-17XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-19-XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-20,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-21XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-22,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-23XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-7,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-10,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-11H,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-2XS,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-WF1,
STRUCTURED ASSET SECURITIES CORP
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-WF2,
STRUCTURED ASSET SECURITIES
CORP. MORTGAGE LOAN TRUST 2005-
7XS, STRUCTURES ASSET MORT PRIME
MORT TR PAS THR CER SER 2004 CL2,
and DOES 2 though 1000, inclusive,
Defendants.

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