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Documents Show CitiMortgage and Wells Fargo Also Commit Foreclosure Fraud

Documents Show CitiMortgage and Wells Fargo Also Commit Foreclosure Fraud

More of MESCORPS “Shareholders”. Make sure you catch their “old evidence” below…and have a barf bag because this is going to make you sick!

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By ABIGAIL FIELD Posted 6:29 PM 10/01/10

Documents submitted to a court are supposed to be true as submitted. As an attorney, If I file a document with a court in which I swore I personally verified that the information contained within the document is true, and I didn’t actually do that, I’d get in real trouble. It’s simple: That’s fraud in the eyes of the court.

GMAC, JPMorgan Chase and Bank of America recently admitted that their employees routinely sign thousands of documents without verifying what they’re signing. Those documents are then submitted to courts as if the documents were true, to enable the banks to foreclose on delinquent properties. Wells Fargo and CitiMortgage told the New York Times their employees do not engage in similar practices. Yet new evidence shows they do.

Confusion at Wells Fargo
Herman John Kennerty of Wells Fargo has given a deposition describing the department he oversees for Wells Fargo. It’s a department dedicated to simply signing documents. Kennerty testified that he signs 50 to 150 documents a day, verifying only the date on each. What else might he want to verify? Well, in one document he signed, he supposedly transferred the mortgage from Washington Mutual Bank FA to Wells Fargo on July 12, 2010. But that’s impossible, since Washington Mutual Bank FA changed its name in 2004, and by any name WaMu ceased to exist in 2008, when the FDIC took it over. Making the document even less comprehensible, the debtor had declared bankruptcy a month earlier, according to Linda Tirelli, who represented the debtor. Why would Wells Fargo want a mortgage from someone in bankruptcy? Finally, Tirelli pointed out that the papers Wells Fargo filed included a different transfer of the mortgage dated three days before the debtor took out the loan. The documents are a mess, yet Kennerty signed them regardless.

Legal Nonsense at CitiMortgage

Similarly, one M. Matthews signed a number of documents that CitiMortgage has used to try to foreclose on properties. While Matthews may or may not sign hundreds of documents a day — I have not yet found a deposition in which he swears that he does — he certainly does not verify the contents of the documents he’s signing. For example, he signed a document supposedly transferring a mortgage from Lehman Brothers to Citi in 2009. It’s hard to see how that’s possible, since Lehman had already ceased to exist. When confronted with its nonsensical filing, Citigroup decided not to foreclose. Instead, it gave the homeowner a meaningful mortgage modification–$15,000 principal reduction, plus a 30 year fixed mortgage at 3%. Tirelli, who represented the debtor in that case too, notes that she sees bad documents in the vast majority of cases, and she keeps files of “robosigned” documents.

It’s true that in both the WaMu and Lehman Brothers documents, the signers were officially representing an entity called MERS and acting as the “nominee” of WaMu and the “nominee” of Lehman Brothers. But that doesn’t change the fraudulent nature of the documents as filed. MERS can’t continue to be the nominee of an entity that doesn’t exist. Moreover, MERS can’t assign something it doesn’t have, and MERS itself will admit it doesn’t own the underlying note or mortgage.

Possible Sanctions for JPMorgan Chase
Wells Fargo and CitiMortgage aren’t the only big banks to misrepresent their practices in the media; JPMorgan Chase told the New York Times that it had not withdrawn any documents in a pending case. However, Chase has in fact withdrawn robosigned documents in a case Tirelli is currently defending. Chase now faces possible sanctions in the case.

Why are the big, sophisticated banks submitting such problematic documents to the courts? The key reason is that sometimes when a bank wants to foreclose, it has to prove it actually has the right to foreclose — that it owns the note and accompanying mortgage. Unfortunately for the banks, the securitization of mortgages and the changes in property ownership documentation that accompanied it make it hard for the banks to establish clean chains of title and produce original documents. Hard, that is, in an environment where a massive number of foreclosures must be started and completed in a timely manner.

See full article from DailyFinance: http://srph.it/amvWqK

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RELATED:

HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO

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Homeowner fights foreclosure in lawsuit claiming documents are fraudulent


THE ACTUAL DEPOSITION IN THIS CASE CITMORTGAGE v. BROWN

DEPOSITION OF NOTARY SHANNON SMITH OF THIS CASE

[ipaper docId=34340050 access_key=key-1eb2fh5kgjs1rbxhfwhq height=600 width=600 /]

MORE ON THIS CASE & FIRM BELOW

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Take Two: *New* Full Deposition of Law Office of David J. Stern’s Cheryl Samons

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Law Offices of David J. Stern, MERS | Assignment of Mortgage NOT EXECUTED but RECORDED

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Cheryl Samons | No Signature, No Notary, 1 Witness…No Problem!

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STERN’S CHERYL SAMONS| SHANNON SMITH Assignment Of Mortgage| NOTARY FRAUD!

_________________________________________________

MAESTRO PLEASE…AND THE WINNER OF THE “MOST JOB TITLES” CONTEST IS…

JOHN KENNERTY, a/k/a HERMAN JOHN KENNERTY

JOHN KENNERTY a/k/a Herman John Kennerty has been employed for many years in the Ft. Mill, SC offices of America’s Servicing Company, a division of Wells Fargo Bank, N.A. He signed many different job titles on mortgage-related documents, often using different titles on the same day. He often signs as an officer of MERS (“Mortgage Electronic Registration Systems, Inc.”) On many Mortgage Assignments signed by Kennerty, Wells Fargo, or the trust serviced by ASC, is shown as acquiring the mortgage weeks or even months AFTER the foreclosure action is filed.

Titles attributed to John Kennerty include the following:

Asst. Secretary, MERS, as Nominee for 1st Continental Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for American Brokers Conduit;

Asst. Secretary, MERS, as Nominee for American Enterprise Bank of Florida;

Asst. Secretary, MERS, as Nominee for American Home Mortgage;

Asst. Secretary, MERS, as Nominee for Amnet Mortgage, Inc. d/b/a American Mortgage Network of Florida;

Asst. Secretary, MERS, as Nominee for Bayside Mortgage Services, Inc.;

Asst. Secretary, MERS, as Nominee for CT Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for First Magnus Financial Corporation, an Arizona Corp.;

Asst. Secretary, MERS, as Nominee for First National Bank of AZ;

Asst. Secretary, MERS, as Nominee for Fremont Investment & Loan;

Asst. Secretary, MERS, as Nominee for Group One Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for Guaranty Bank;

Asst. Secretary, MERS, as Nominee for Homebuyers Financial, LLC;

Asst. Secretary, MERS, as Nominee for IndyMac Bank, FSB, a Federally Chartered Savings Bank (in June 2010);

Asst. Secretary, MERS, as Nominee for Irwin Mortgage Corporation;

Asst. Secretary, MERS, as Nominee for Ivanhoe Financial, Inc., a Delaware Corp.;

Asst. Secretary, MERS, as Nominee for Mortgage Network, Inc.;

Asst. Secretary, MERS, as Nominee for Ohio Savings Bank;

Asst. Secretary, MERS, as Nominee for Paramount Financial, Inc.;

Asst. Secretary, MERS, as Nominee for Pinnacle Direct Funding Corp.;

Asst. Secretary, MERS, as Nominee for RBC Mortgage Company;

Asst. Secretary, MERS, as Nominee for Seacoast National Bank;

Asst. Secretary, MERS, as Nominee for Shelter Mortgage Company, LLC;

Asst. Secretary, MERS, as Nominee for Stuart Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for Suntrust Mortgage;

Asst. Secretary, MERS, as Nominee for Transaland Financial Corp.;

Asst. Secretary, MERS, as Nominee for Universal American Mortgage Co., LLC;

Asst. Secretary, MERS, as Nominee for Wachovia Mortgage Corp.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.

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



Posted in assignment of mortgage, Beth Cottrell, bogus, chain in title, citimortgage, CONTROL FRAUD, corruption, deed of trust, erica johnson seck, Erika Herrera, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, herman john kennerty, investigation, linda green, LPS, Max Gardner, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, wells fargo3 Comments

Robo-Signer Called Out in Ohio by Attorney General Cordray

Robo-Signer Called Out in Ohio by Attorney General Cordray

The Honorable Judge
County Court of Common Pleas

Re: Foreclosure Affidavits

Dear Judge XXXXX, I write you, and the other presiding and administrative judges of the Ohio Courts of Common Pleas, to draw your attention to an issue that may be of interest to you.

As you are aware, when a plaintiff in a foreclosure case moves for default or summary judgment, it will attach an affidavit from the lender or mortgage servicer attesting to the ownership and default status of loan. During the last week, questions have arisen about the validity of the foreclosure affidavits filed by a large servicer, GMAC Mortgage. GMAC (also operating as “Ally Financial”) issued a press release on September 20, 2010 announcing that it had directed certain of its vendors to suspend evictions and REO closings because of “a potential issue that was raised in a number of existing foreclosures challenging the internal procedure we used for executing one or more judicially required forms.”

A number of media outlets, including The Washington Post and The New York Times, reported on this statement. The news articles suggest that GMAC’s actions are related to a Florida deposition and a Maine deposition given by one of its employees, Jeffrey Stephan. Mr. Stephan signed thousands of foreclosure affidavits for GMAC, but in his depositions stated that he does not have knowledge of how the information in the affidavit is determined (Deposition of Jeffrey Stephan, June 7, 2010, p 30), does not know how the accuracy of the information is verified (Id.), does not review the exhibits attached to the affidavit (Id., p 54), does not read every paragraph of the affidavit (Id. p 61), and does not have the affidavit notarized in his presence (Id., p 56).

The depositions were not taken by my office, so I do not opine on their accuracy, but I wanted to draw your attention to this issue. At least one court has found that filing affidavits that falsely claim personal knowledge is a violation of the Ohio Consumer Sales Practices Act when filed in connection with consumer transactions. Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961, 977 (N.D. Ohio, 2009).

More broadly, I urge you as administrators to share this letter with your colleagues and urge them to exercise caution when approving any foreclosure orders involving GMAC. Further, I encourage you to consider whether additional administrative procedures need to be established to protect homeowners who are facing the threat of foreclosure. Issues similar to those surrounding GMAC have arisen in Ohio. For example, my office filed an amicus brief in an appellate case where a foreclosure affidavit averred that it was executed in Florida but the jurat and notarization stated that it was executed in New Jersey. The 2nd District Court of Appeals ruled that the trial court did not abuse its discretion by striking the faulty affidavit. HSBC Bank USA v. Thompson, 2010-Ohio-4158.

Please feel free to contact me or my Consumer Protection Section Chief, Susan Choe, at 614.466.1305, if we can be of any assistance regarding this letter.

Thank you.
Sincerely,
Richard Cordray
Ohio Attorney General

CC:
Sarah Lynn, Deputy Chief Counsel, Ohio Attorney General
Susan Choe, Consumer Protection Section Chief, Ohio Attorney General

[ipaper docId=38440652 access_key=key-6qk0oxuezmg7toyjlbw height=600 width=600 /]

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



Posted in assignment of mortgage, chain in title, conflict of interest, CONTROL FRAUD, deed of trust, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, jeffrey stephan, jpmorgan chase, LPS, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signers, STOP FORECLOSURE FRAUD, Supreme Court, TRO, Wall Street1 Comment

Is It Time to File Quiet Title Actions on Foreclosed Homes?

Is It Time to File Quiet Title Actions on Foreclosed Homes?

[GUEST POST]

Is It Time to File Quiet Title Actions on Foreclosed Homes?

THIS IS NOT Intended to Be Construed or Relied upon as COMPETENT LEGAL ADVICE—it is an academic paper discussing various perceptions of evolving potential facts and law, which may differ state by state and within jurisdictions within states. Readers are urged to obtain competent legal representation to review their facts.

In the past, foreclosed homeowners and their attorneys have discussed the utility of filing quiet title actions where homes have been seized and deficiency judgments entered by various foreclosure claimants that purport to unknowingly rely on faulty documentation. There are dangers. A buyer that has acquired a foreclosed home—or the foreclosing entity itself—may bring an action against a dispossessed person seeking redress. A pro se plaintiff or an attorney that represents the wronged homeowner may be subject to sanctions for raising a spurious or improperly supported claim. Today facts appear to put a defense attorney at risk of malpractice if he does not preserve his clients’ interest—even post foreclosure—unless he apprises the client of the opportunity to regain title to the family home. Courts have notice of these defects by reason of withdrawals of support documents—beyond GMAC.

Recent disclosures and admissions by document creation groups, together with widespread newspaper reported facts open avenues to additional discovery and formulation of academic legal opinion. These will open the door for claims to set aside erroneous judgments and/or pursue damages against those servicers, Indenture Trustees and document preparers that either knowingly, negligently, or acted with willful disregard to perpetrate fraud on the courts and the hapless home-owners. Mortgage-backed securities investors may also find an interest in these activities. Failed documentation may disguise outright fraud. Attestations and sworn affidavits serve a fundamental purpose—prevention of fraud. These are not mere technicalities as propounded by some industry apologists.  Certainly, homeowners with continuing duties of enforced silence may have opportunity to re-open their settlements in light of these possible fraudulent impositions and inducements.

There are at least two sets of circumstances raised to date whereby potentially void or voidable documents have been used to push homeowners into the streets and into bankruptcy;

  • Complaints in foreclosure supported by assignments of mortgage from purported representatives of MERS to various entities
  • Motions for Summary Judgment supported by Affidavits of Claimants—most notably GMAC’s Jeffrey Stephan

On September 23, 2010 the Washington Post added to the furor surrounding the (majority) federal government owned [ALLY] GMAC’s revelations from earlier this week. GMAC used affidavits executed by an employee, Jeffrey Stephan, who admitted in deposition testimony in December 2009 and June 2010, that he did not actually verify the mortgage foreclosure information to which he was testifying in connection with the foreclosures of two families.

In addition, he admitted signing these “affidavits,” and passing them for later notarization in bulk, a violation of proper notary procedure. Mr. Stephan signed off on 10,000 mortgage documents per month according to his June deposition and the Post article. GMAC, in this instance, took the honest and safe course of “temporarily suspending” some foreclosure-related activities in 23 states – as reported by several large newspapers, including the New York Times, Bloomberg and The Washington Post. The “temporary suspension” allows for evaluation of the impacts of this admitted breakdown in the system, rather than blatantly defrauding foreclosure courts in judicial foreclosure states.  The New York Times on the 22nd speculated that: [GMAC] “actions suggest concern about potential liability in evicting families and selling houses to which it does not have clear title.” [Emphasis added]  The same article notes that; “The lender said it was also reviewing completed foreclosures where the same unnamed procedure might have been used.” [Emphasis Added]. The step referred to in these articles, preparation and filing of an affidavit in support of a Motion for Summary Judgment—along with the Motion itself –occur well into the foreclosure process.

However, there is another critical document created and filed by a claimant with the foreclosure court at the beginning of foreclosure. This document, the Assignment of Mortgage, is supposed to support the claimant’s right or legal “standing” to press the Complaint in Foreclosure. The Complaint is the basis for the foreclosure and creation of a “deficiency judgment” – the amount left owing by the homeowner after the claimant sells the house for less than the amount owed and includes added fees and charges. The claimant uses the deficiency judgment to seize the homeowner assets and future paychecks. In most instances the assignment is the only document before the court that associates the claimant with the borrower. The complaint and supporting assignment frequently surprise and confuse the homeowner by naming an entity or sham “trust” that the homeowner has never heard of before.

The Assignment of Mortgage is significantly more important than the affidavit in support of the Motion for Summary Judgment, if for no other reason sheer numbers.  Typically most homeowners have undergone a psychological bruising and beating from the loan servicer by the time the actual Complaint in Foreclosure is filed. Often the family has lost the pay of one, if not both, wage earners and seeks some relief from one of the high cost, predatory loans created 2003-2007. Unfortunately the servicer typically refuses to discuss modification or any relief unless the homeowner has fallen behind in payments. The servicers may rely on terms limiting its authority within the securitization documents in respect of this hard-nose approach.

The hard-nose response gives the servicer cover for actions or abuses that often characterize its subsequent conduct. At that point, the servicer transfers the loan to the default department or outsources to a “default management” operation. This is an aggrandized term for collection agency. The “department” or collection agency often calls the family up to six or more times a day demanding money—rarely the same caller twice. Typically, this will throw the family into confusion and despair. Pleas for relief fall on deaf ears unless the family meets demands to “make up late payments and added fees.”  It’s just the beginning of a process that has the effect, if not the purpose, of destroying the family’s morale. The servicer may follow up with notices tacked on the homeowner’s door, a barrage of ominous if not outright threatening letters and other actions aimed at driving the homeowner to abandon the home and neglect a legal defense.

If the homeowner is either naïve enough to believe that the touted voluntary [for servicers] relief programs actually operate, or desperate to keep a roof over the family’s head, the loan modification dance begins. Under the guise of compliance with HAMP, the collection agency demands an array of homeowner financial and employment information. Irrespective of the use that the homeowner desires for that information, it will be of great help to the collection agency to locate assets and paychecks down the road to collect the looming deficiency. But today the information rarely satisfies the servicer in respect of moving towards a modification. The demanded documents are often purportedly “lost” by the servicer, or deemed inadequate—anything to drag out the nightmare and break the family’s spirits. After submitting and resubmitting documents, explanations, and hours on the telephone day after day, week after week, any false hopes that are raised are destroyed by a denial. Homeowners often will be told to try again-with the same results.

After about 3-4 months, perhaps even while the family thinks that a modification is soon to be forthcoming, the ax falls instead. An assignment is “created” and the Complaint is filed. Usually the family gives up without opposition at this point. The servicer may go so far as to place a note on the door offering to further discuss modification leaving a phone number. When the number is called by the confounded homeowner, the servicer representative may explain: “we didn’t really mean that; we just wanted to see if you have left yet!”

In some cases born of desperation, the struggling family may contact an attorney who demands $1000-$5000 just to open the case. The family has 30 days to raise the money to cause someone to simply look at the demands in the Complaint and the Assignment. In the vast majority of cases still remaining, the family gives up now, abandons the property, and no response is ever filed to the Complaint—a default judgment is entered in favor of the claimant. Most often, the family is not even aware that the demands seek more than just the home. That realization may take years to occur—when another collector knocks on the door demanding the long-forgotten deficiency. The process is aimed at breaking the family’s will, at winnowing out the homeowners. The servicer wants the home!

The articles printed prior to Sep 23, 2010 in connection with GMAC’s “unnamed procedure” did not focus upon the issue of potential forgery or related systemic fraud on the courts in connection with preparation of Assignments of Mortgage. By way of background, by reference to numerous anecdotes, it appears that often a claimant in possession of a list of homeowner loans in default provides superficial information to a default services company in respect of the borrower and property. One of the largest default service providers, by its own admission, is two-year old publicly traded Lender Processing Services (“LPS”), a spin-off from FINS. “Approximately 50 percent of all U.S. mortgages by dollar volume are serviced using LPS’ Mortgage Servicing Package (MSP)” The lender, a servicer or Indenture Trustee contracts with LPS for creation and delivery of an Assignment of Mortgage to the requesting entity. (see exhibit at end) This document is often sent directly by LPS through the mail to County Recorders to be file-stamped and recorded in the county property records.  These steps lend false authenticity to the piece of paper. By the time the targeted family sees the Complaint and attached Assignment, the assignment has been file-stamped by their local County Recorder, the Clerk of Courts and probably was attached to a subpoena “served” upon them by their County Sherriff. The family is thoroughly intimidated by the Assignment of Mortgage, which has been used to convert the family’s local authorities into apparent agents and enforcers of the distant claimant. The assignment is a powerful weapon in the war of intimidation.

The Washington Post, September 23, 2010, correlated the GMAC admitted breakdown in verification of loan files and notarization process with the assignment creation process operated by LPS. LPS’ document creation division in Alpharetta, Georgia operating under LPS’ DOCX trademark, churned out thousands of assignments. The Post identified one prolific signatory, Linda Green. The article set out in its body several examples of Ms. Green’s signature—which differ dramatically one to another. The Post stated the likely observation that the signatures were made by other LPS employees in addition to Ms Green.  She is but one example at one LPS office: there are others with similar handiwork including Tywanna Thomas and Korrel Harp at that office. Mr. Harp has the added dubious distinction of having been jailed for and plead guilty to “Knowingly Possessing False Identification” relating to an arrest in Oklahoma in 2008.   At the age of 24, Mr. Harp was signing as Vice-President of Mortgage Electronic Services Inc., aka MERS. MERS has been nominal owner of 65 million home mortgages—and receives mortgage title to 60% of all new mortgages.

As a VP of MERS the 24 year-old Harp, like Ms. Green and Thomas, purportedly possessed the power to transfer mortgages with questionable oversight to LPS’ clients—perhaps others?  Based on the signatures of Harp, Green, Thomas— and other varied, yet purportedly notarized signatures, Courts across the country have foreclosed on homes and granted deficiency judgments.  One of the in house LPS notaries was only 18 years old at the time she notarized signature for Harp, Thomas and others at DOCX. Michelle Kersch, a senior vice president for Lender Processing Services, made limited explanations by email in the Post article but did not elaborate “due to the pending criminal investigation”.

Like GMACs Stephan, LPS’ stamp and sign department was a high volume operation. Powers of attorney were not consistently attached to the crucial assignments—if at all.

In the case of Linda Green, there was no power of attorney to represent MERS on an original “assignment of mortgage dated October 17, 2008 and filed on October 13, 2009”. This technicality was disclosed in a corrective filing of assignment by Florida foreclosure firm Shapiro and Fishman dated August 11, 2010 in Lee County, Florida in support of a foreclosure by servicer AHMSI. The POA status of other prolific signers such as Harp seems equally uncertain—but as Harp has emphatically stated “I’m sure everything is legal.” There seems to be little observable difference between the conduct of GMAC’s Stephan and the LPS’ high volume signers—but for the possible failure of the LPS signers to have representative capacity to sign at all.

LPS has also made admissions that GMAC seems to echo in terms of problematic “processes”. In the company’s 2009 Annual Report on file with the Securities and Exchange Commission, published in March 2010, under “regulatory matters”Recently, during an internal review of the business processes used by our document solutions subsidiary, we identified a business process that caused an error in the notarization of certain documents, some of which were used in foreclosure proceedings in various jurisdictions around the country.”

Subsequently, April 3, 2010, the Wall St. Journal published an article regarding the issues with LPS and notary deficiencies; “US Probes Foreclosure-Data Provider”.  Foreclosure activists in Florida did not let the admission pass. These persons identified and brought to light signed and notarized Assignments that actually conveyed mortgages to named entities, “Bogus Assignee” and “Bad Bene”. These clearly established undeniable proof that LPS’ internal controls were compromised and virtually any name could be inserted as a claimant in a foreclosure action.

LPS’ CEO Jeffrey Carbiener authored a Letter to the Editor of the Florida Times-Union responding to an article published May 14, 2010 referring to “bad bene” and “bogus assignee”. In his open letter admissions in the press Carbiener asserted that the bogus names were “placeholders” put in the signed and notarized assignment documents “…until the missing information [claimant name] was provided…” Carbiener noted that the forms, as well as the data inserted, were based on instructions from clients with the “placeholders” used until more data is provided.  This amounts to a Nuremberg Defense.

The Carbiener comments attempt to place the onus of error in naming mortgage claimants on his clients—but for the obvious so-called placeholders. However, Carbiener’s comments have great significance beyond LPS role. This explanation is an admission that assignments were prepared in blank based on client information. According to Carbiener, it would appear that the named claimant was subsequently determined by the client and inserted. This process allows substantial opportunity for abuse, suggesting that a servicer determined that a loan was in default, and then someone engaged in a separate process to identify a claimant to whom the proceeds of foreclosure would be awarded.

The difficulties, or opportunities, for a servicer and his client Indenture Trustees to shift the benefits among potential investor beneficiaries are more apparent when one reviews the SEC filings of now bankrupt mortgage note originators such as American Home Mortgage group (“AHM”) and Option One.

Both originated loans that were supposedly stuffed into trusts. On paper the trusts supposedly issued mortgage-backed securities to trusting investors. However, purported trust-sponsors AHM and Option One and the Indenture Trustees were at best haphazard in meeting basic commitments and representations that were plainly stated in the securitization documents they themselves filed. The trust documents clearly state that the lists of loans included in the trusts were filed with the SEC and the appropriate Secretary of State (UCC). The securitization documents provided detailed descriptions of the information to be included in the filed list. This information was sufficient that a homeowner could determine if the trust owned his/her loan and was the proper party to receive his payments. Investors in the trust MBS could look to the list to determine the principal amount of the loans that “backed” the investment, as well as loan to value ratios and other relevant information that would indicate the value of the loans—and provide information adequate to determine if the same loan was placed in multiple trusts. However, for AHM, 7 of the 12 investment trusts filed with SEC lacked the lists.  The schedule stated, “manually filed”, but the manual filing was not made in many instances. The actual manual filings made are identified on the SEC dockets for the trusts as “SE” for “scanned exhibit.” Under the “SE” docket entry, the list would be found in specificity.  One such example of a trust with a proper loan list was American Home Mortgage Investment Trust 2005-2.

In motion practice in connection with a homeowner’s motion to dismiss a naked claim by one of Korrel Harp’s or Linda Green’s appointed mortgage assignment beneficiary trusts, one could note that the trust lacked a loan list and ownership of the loan could not be independently verified by reference to government records as intended. In so doing, it was possible to refer the court to the properly filed loan lists to note the clear distinction and value of the list. It was possible to prove that the lists were not intentionally missing due to some overriding concern for homeowner privacy—a common speculation. It was also useful to prove that missing loan lists were not customary “industry practice”. The filed list was a government record freely accessible to the public online. That changed between July 21, 2010 and September 02, 2010. Loan lists that had been on file and available for investors and homeowners to view online on the SE site were unceremoniously deleted. The lists are no longer freely accessible. A demand is now necessary under Freedom of Information Act—the proper loan lists can no longer be referenced in motions to dismiss. The effect was equivalent to, if not the same as, intentional destruction of evidence by the SEC. It is of interest that on the same day as the Washington Post detailed the LPS similarity to GMAC in terms of uncertain document authenticity, the WSJ also ran a front-page article detailing questionable actions taken in recent months by SEC. Washington Post, September 22, 2010, SEC Blasted on Goldman.

In summary, SEC failed to require actual filing of loan lists by the trust sponsors and the Indenture Trustees. This failing has lead to LPS and GMAC transfers of claims to unverifiable beneficiaries. This the Times suggests, creates a cloud on the title of the new home buyers of foreclosed properties. Then to complete the injury and remove opportunity for homeowners to defend unsupported claims, SEC destroys evidence that could be useful to homeowners being foreclosed and investors seeking to prove fraud. The mortgage fiasco has roots in SEC failure to regulate and its continuation and concealment of potential fraud is an abuse of discretion by SEC, which is supposed to support disclosure of information—not hide it.

Excerpted from: DOCX eAssignTM brochure (no longer found online)

eAssign utilizes the industry’s most robust property records database and data capture capabilities to significantly reduce timelines and costs for lienholders when creating (emphasis added) and recording lien assignment documents.

This article was contributed by an anonymous supporter of StopForeclosureFraud.com

© 2010 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. www.StopForeclosureFraud.com

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Related links:

LPS 101

MERS 101

NO. THERE IS NO LIFE AT MERS

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



Posted in bogus, conflict of interest, CONTROL FRAUD, corruption, deed of trust, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, investigation, jeff carbiener, jeffrey stephan, Korrel Harp, Lender Processing Services Inc., linda green, MERS, MERSCORP, michelle kersch, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, quiet title, robo signers, S.E.C., securitization, servicers, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, trade secrets, Tywanna Thomas8 Comments

KRISTINE WILSON “SECOND” GMAC ROBO-SIGNER SURFACES, AFFIDAVITS WITHDRAWN

KRISTINE WILSON “SECOND” GMAC ROBO-SIGNER SURFACES, AFFIDAVITS WITHDRAWN

Ally’s GMAC unit withdraws foreclosure affidavits signed by second employee

By Ariana Eunjung Cha  | September 25, 2010; 11:34 AM ET

Was Kristine Wilson another “robo-signer”?

Attorneys for homeowners in Florida say Ally Financial’s GMAC mortgage unit has begun to withdraw affidavits submitted in support of foreclosures that were signed by a second employee. Like Jeffrey Stephan–the document processor who admitted in sworn testimony that he signed 10,000 documents a month without reviewing them–Kristine Wilson signed as a “limited signing officer” for GMAC.

In a request to withdraw an affidavit listing debts owed by a homeowner that was signed by Wilson in a Palm Beach County Circuit Court case, lawyers for GMAC say that “information in the affidavit may not have been properly verified.”

Continue reading…WASHINGTON POST

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



Posted in assignment of mortgage, chain in title, CONTROL FRAUD, corruption, deed of trust, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, jeffrey stephan, Kristine Wilson, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, robo signers, stopforeclosurefraud.com1 Comment

NO. THERE’S NO LIFE AT MERS

NO. THERE’S NO LIFE AT MERS

NO. THERE’S NO LIFE AT MERS

By DinSFLA

Mortgage Electronic Registration Systems, Inc (MERS) has a very long history. The beginning stages have remained a mystery until now.

In 1989, Brian Hershkowitz developed the “Whole Loan Book Entry” concept while serving as a director for the Mortgage Bankers Association (MBA). In 1990, he first introduced this concept to seven different industry groups; Document Custodian, Originators, Servicers, Title Insurers, County Recorders, Government Sponsored Enterprises (GSE’s) and Warehouse/Interim Lenders. The reception was very positive and it was viewed as a very useful recording system to be used for how equity and debt securities could be identified and managed.

In 1991, Mr. Hershkowtiz published Farming It Out in Mortgage Banking Magazine. His main discussion in this article is primarily about getting the opinion of the experts in the technology outsourcing service industry. In 1992, Mr. Hershkowitz published another article called Cutting Edge Solutions in Mortgage Banking Magazine. In this particular article he mentions the actual meeting that took place at the Mortgage Bankers Association of America (MBA) headquarters with many key players that are known today as some of MERSCORP’s shareholders, such as, Fannie Mae and Freddie Mac. In this meeting they discussed a “System” that will bring changes in mortgage records.

Mr. Hershkowitz went on to become President and COO of LandSafe Credit, a leading settlement service provider that was a subsidiary of Countrywide. Mr. Hershkowitz also spent several years serving Countrywide in the areas of strategic planning and executive management.

In 2001, Mr. Hershkowitz became Executive Vice President at Fidelity National Information Services (FNIS) and President of its mortgage and information services division. His responsibilities included management of the Company’s data offerings, including public records information, credit reporting information, flood hazard compliance data, real estate tax information and collateral valuation services. He left FNIS in November of 2006 to become Chief Executive Officer of Maximum Value Group, a consulting firm focused on providing advice to private equity and other market participants in the area of banking and mortgages.

ENTER THE X-FILES

MERS has evolved into a totally different purpose today.

Mortgage Electronic Registration Systems, Inc. is a wholly owned subsidiary of MERSCORP Inc., located at 1595 Spring Hill Rd Ste 310 Vienna, VA 22182.

MERS was founded by the mortgage industry. MERS tracks “changes” in the ownership of the beneficial and servicing interests of mortgage loans as they are bought and sold among MERS members or others. Simultaneously, MERS acts as the “mortgagee” of record in a “nominee” capacity (a form of agency) for the beneficial owners of these loans.

To ensure widespread acceptance within the industry, MERS sought to have security instruments modified to contain MERS as the original mortgagee (MOM) language. MERS began to change decades of business practices after the two biggest mortgage funders in the U.S. the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Ferderal National Mortgage Association (Fannie Mae) modified their Uniform Security Instruments to include MOM language. Their approval opened the doors to incorporate MERS into loans at origination.

Soon after, U.S. government agencies like the Veterans Administration, Federal Housing administration and Government National Mortgage Association (Ginne Mae), and several state housing agencies followed both Fannie/Freddie to approve MERS.

More than 60 percent of all newly-originated mortgages are registered in MERS. Its mission is to register every mortgage loan in the United States on the MERS System. Since 1997, more than 65 million home mortgages have been assigned a Mortgage Identification Number (MIN) and have been registered on the MERS System.

The mortgage-backed security (MBS) sector tested the viability of MERS because a substantial number of mortgages are securitized in the secondary market. In February 1999, Lehman Brothers was the first company to include MERS registered loans in a MBS.

Moody’s Investor Service issued an independent Structured Finance special report  on MERS and it’s impact of MBS transactions and found that where the securitzer used MERS, new assignments of mortgages to the trustee of MBS transactions were not necessary.

Since MERS is a privately owned data system and not public, all mortgages and assignments must be recorded in order to perfect a lien. Since they failed to record assignments when these loans often traded ownership several times before any assignment was created, the legal issue is apparent. MERS may have destroyed the public land records by breaking the chain of title to millions of homes.

IN MERS CEO’S OWN WORDS

In or around the summer of 1997, MERSCORP President and CEO R.K. Arnold wrote, “Yes, There is life on MERS” Mr. Arnold stated, “Some county recorders have expressed concerns that MERS will eliminate their offices nationwide or destroy the public land records by breaking the chain of title. As implemented, MERS will not create a break in the chain of title, and, because MERS is premised on an assignment recorded in the public land records, MERS cannot work without county recorders.”

In this same article Mr. Arnold also states “The sheer volume of transfers between servicing companies and the resulting need to record assignments caused a heavy drag on the secondary market. Loan servicing can trade several times before even the first assignment in a chain is recorded, leaving the public land records clogged with unnecessary assignments. Sometimes these assignments are recorded in the wrong sequence, clouding title to the property”. Mr. Arnold never mentions the fact that the mortgage notes have been securitized, thereby becoming “negotiable securities” under the Uniform Commercial Code.

In an interview for The New York Times, Mr. Arnold said, “that his company had benefited not only banks, but also millions of borrowers who could not have obtained loans without the money-saving efficiencies MERS brought to the mortgage trade.”

Mr. Arnold went on to say that, ” far from posing a hurdle for homeowners, MERS had helped reduce mortgage fraud and imposed order on a sprawling industry where, in the past, lenders might have gone out of business and left no contact information for borrowers seeking assistance.”

“We’re not this big bad animal,” Mr. Arnold said. “This crisis that we’ve had in the mortgage business would have been a lot worse without MERS.”

Unfortunately, even a simple search in the Florida Land Records proves the opposite to be the case. Researchers have  easily found affidavits of lost assignments actually stating, “the said mortgage was assigned to Mortgage Electronic Registration Systems, Inc., from “XXXXXXX”, the original of the said assignment to Mortgage Electronic Registration Systems, Inc., was lost, misplaced or destroyed before same could be placed of record with the Florida Land Records County Clerk’s office; That, “XXXXXXX”, it’s successors and/or assignee is no longer in business/or do not respond to our request for a duplicate assignment, and therefore, a duplicate original of said assignment cannot be obtained.”

According to affidavits such as these, not only have the borrowers lost contact with the lenders, but the same is true that MERS did as well.

On September 25, 2009, Mr. R.K. Arnold was deposed in Alabama. Mr. Arnold admitted MERS does not have a beneficial interest in any loan, does not loan money and does not suffer a default if monies are not paid. On November 11, 2009, William C. Hultman was deposed in Alabama and made the same admissions.

Yet again, researchers have easily located affidavits recorded in the Florida Land Records stating “That said Deed of Trust has not been assigned to any other party and that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Inc. is the current holder and owner of the Note and Deed of Trust in question.”

NO. THERE’S NO LIFE AT MERS

Aside from not recording assignments, Mr. Arnold failed to mention that the certifying officers given authority to execute sensitive loan documents would not be paid employees of MERS. This raises the critical legal question as to how one can act as a certified officer and execute any equitable interest on behalf of any security instruments without being an employee of MERS.

On April 7, 2010, in the Superior Court of New Jersey, MERS Treasurer and Secretary William C. Hultman gave an oral sworn video/telephone deposition in the case of Bank Of New York v. Ukpe.:

Q Do the assistant secretaries — first off, are
you a salaried employee of MERS?
A No.

Q Are you a salaried employee of MERS Corp,
Inc.?
A Yes.

Q Are any of the employees of MERS, Inc.
salaried employees?
A I don’t understand your question.

Q Does anyone get a paycheck, if they are an
employee of MERS, Inc., do they get a paycheck from
Mercer, Inc.?
A There is no MERS, Inc.

Q I thought, sir, there’s a company that was
formed January 1, 1999, Mortgage Electronic Registration
Systems, Inc. Does it have paid employees?
A No, it does not.

Q Does it have employees?
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn’t hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any
employees?
A No.

<SNIP>

Q How many assistant secretaries have you
appointed pursuant to the April 9, 1998 resolution; how
many assistant secretaries of MERS have you appointed?
A I don’t know that number.

Q Approximately?
A I wouldn’t even begin to be able to tell you
right now.

Q Is it in the thousands?
A Yes.

Q Have you been doing this all around the
country in every state in the country?
A Yes.

Q And all these officers I understand are unpaid
officers of MERS?
A Yes.

Q And there’s no live person who is an employee
of MERS that they report to, is that correct, who is an employee?
A There are no employees of MERS.

If so, how does anyone have any authority to sign security instruments encumbered by any loan documents, if these certifying officers are not paid employees and never attend corporate meetings in the capacity as Vice President, Assistant Secretary, etc. with Mortgage Electronic Registration System, Inc..

COURTS FIND ISSUES WITH MERS

Federal and state judges across America are realizing that the mortgage industry’s nominee is backfiring.

In Mr. Arnold’s own words, “For these servicing companies to perform their duties satisfactorily, the note and mortgage were bifurcated. The investor or its designee held the note and named the servicing company as mortgagee, a structure that became standard.” What has become a satisfactory standard structure for the mortgage industry has not been found by many courts to be legally sufficient to foreclose upon the property.

Again, MERS only acts as nominee for the mortgagee of record for any mortgage loan registered on the computer system MERS maintains, called the MERS System. MERS cannot negotiate a security instrument. Therefore, MERS certifying officers cannot have legal standing to assign what MERS does not own or hold.

The Supreme Court of New York Nassau County:
Bank of New York Mellon V. Juan Mojica Index No: 26203/09

Justice Thomas A. Adams stated, “Not only has plaintiff failed to establish MERS’ right as a nominee for purposes of recording to assign the mortgage, more importantly, no effort has been made to establish the authority of MERS, a non-party to the note, to transfer its ownership.”

The Supreme Court of Maine:
Mortgage Electronic Registration Systems, Inc. v. Saunders, No. 09-640, 2010 WL 3168374,
(Me. August 12, 2010) The Court explains that the only rights conveyed to MERS in either the Saunders’ mortgage or the corresponding promissory note are bare legal title to the property for the sole purpose of recording the mortgage and the corresponding right to record the mortgage with the Registry of Deeds. This comports with the limited role of a nominee. A nominee is a “person designated to act in place of another, usu[ally] in a very limited way,” or a “party who holds bare legal title for the benefit of others or who receives and distributes funds for the benefit of others.” Black’s Law Dictionary 1149 (9th ed. 2009).

In Hawkins, No. BK-S-07-13593-LBR, 2009 WL 901766
The Court found that the deed of trust “attempts to name MERS as both beneficiary and a nominee” but held that MERS was not the beneficiary, as it had “no rights whatsoever to any payments, to any servicing rights, or to any of the properties secured by the loans.”

In Re: Walker, Case No. 10-21656-E-11 Eastern District of CA Bankruptcy court rules MERS has NO actionable interest in title. “Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.” “MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp.” The Court’s ruled that MERS and Citibank are not the real parties in interest.

In re Vargas, 396 B.R. at 517-19. Judge Bufford found that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records. The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Rule 803, as applied to computerized records in the Ninth Circuit. See id. at 517-20. “The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.”

FRAUD ON THE COURT

In US Bank v. Harpster the Law Offices Of David J. Stern committed fraud on the court by the evidence based on the Assignment of Mortgage that was created and notarized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19, 2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l)), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.

The Court specifically finds that the purported Assignment did not exist at the time of filing of this action; that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds that is not entitled to introduction in evidence for any purpose. The Court finds that the Plaintiff does not have standing to bring its action.

The Court dismissed this case with prejudice.

In Duval County, Florida another foreclosure case was dismissed with prejudice for fraud on the court. In JPMorgan V. Pocopanni, the Court found that Fishman & Shapiro representing JPMorgan had actual knowledge at all times that the Complaint, the Assignment, and the Motion for Substitution were all false. The Court found that by clear and convincing evidence WAMU, Chase and Shapiro & Fishman committed fraud on this court.

Both these cases involved Mortgage Electronic Registration Systems Inc. assignments.

FRAUD INVESTIGATIONS

Two RICO Class Action lawsuits have commenced against Foreclosure Law Firms and MERSCORP for fabricating and forging documents that are entered into courts as evidence in order to have standing to foreclose. Unknown to judges and the borrowers, they accept these documents because they are executed under perjury of the law. These “tromp l’oeil” actions have finally surfaced and the courts has taking notice.

The lack of supervision and managing of MERS “Robo-Signers” has led to a national frenzy of fabrication, forgery and certifying officers wearing multiple corporate hats. Anyone who compares signatures of these certifying officers will see a major problem with forgery in hundreds of thousands affidavits and assignments which creates an enormous dark cloud of title defects to millions of homes across the US.

On August 10, 2010 Florida attorney general Bill McCollum announced that he is investigating three foreclosure law firms for allegedly providing fraudulent assignments and affidavits relating in foreclosure cases.

In a deposition taken in December 2009, GMAC employee Jeffrey Stephan said he signed 10,000 affidavits or similar documents a month without personally verifying who the mortgage holder was. That means many foreclosures could have taken place based on false documentation and many homes may have been unlawfully foreclosed on.

On September 20, 2010, GMAC halted foreclosures in 23 different states. Two of the three firms being investigated by the Florida attorney general, the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA, have represented GMAC in foreclosure proceedings.

This is not limited to only GMAC Mortgage. There are many hundreds of thousands of these same documents that are being created by many foreclosure law firms across the nation.

University of Utah law professor Christopher L. Peterson has raised the issue that MERS should be regarded as a debt collector. He argues that some of MERS’ methods are just the sort of deceptive practices that ought to be regulated under The Fair Debt Collection Practices Act (FDCPA), 15 U. S. C. §1692(a),(j).

CONCLUSION

Finally in May, 2009, Mr. Arnold said in Mortgage Technology Magazine, “Every system in the mortgage industry can switch MERS registry on or off at will,” referencing that both the Obama administration and Congressional leaders are aware of this.

President Obama and Congressional leaders it is time to permanently switch MERS lifeless device off!

Not until MERS became the primary focus for challenges to legal standing in foreclosure courts as reported by the alternative media, have the main stream media and the mortgage industry have begun to realize that property records cross the United States have become totally unreliable.

It has taken more than a decade for the courts to recognize that MERS has become a mortgage backfire system leaving clouded titles in over 65 million loans since 1997.

Courts across the nation must comply with the law.  Any documents submitted to the courts regarding property ownership should be assumed to be nothing but smoke in a mirror.

No, Mr. Arnold, there’s no life at MERS.


DinSFLA, “nominee” of stopforeclosurefraud.com, a blog on Foreclosure Fraud.

© 2010 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. www.StopForeclosureFraud.com

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



Posted in featured, STOP FORECLOSURE FRAUD33 Comments

MERS is a “defective” product, should MERS be recalled nationwide?

MERS is a “defective” product, should MERS be recalled nationwide?

This is not a GMAC thing… this is a MERS thing!

THE GOVERNMENT KNOWS THIS IS A MERS THING!

THIS IS A 65 MILLION LOAN THING!

I know if I purchased a stroller for my kid and later knew it these strollers are all defective …I hope the government would kick in and do a nationwide RECALL!!

GMAC stops some evictions, foreclosed home sales

By JANNA HERRON (AP) –

NEW YORK — GMAC Mortgage LLC said Monday it halted certain evictions and sales of foreclosed homes as it corrects “a potential issue” in its foreclosure process.

The action highlights what is becoming a larger problem for lenders and servicers that may have illegally driven homeowners out of their houses. The issue is threatening to clog up an already overloaded foreclosure process.

Lenders took back more homes in August than in any month since the start of the U.S. mortgage crisis, foreclosure listing firm RealtyTrac Inc. said last week. Banks have been stepping up repossessions to clear out their backlog of bad loans.

GMAC, which is owned by Detroit-based Ally Financial Inc., did not identify the specific internal issue that prompted the moratorium in its statement, but it has been linked to lawsuits this year surrounding the alleged falsification of a key foreclosure document.

The Florida attorney general is investigating three law firms for allegedly providing fraudulent affidavits that identify who holds the original mortgage note in foreclosure cases. In Florida and in other states, this document allows lenders to bypass a costly trial and proceed with a foreclosure.

Two of the three firms being investigated — the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA — have represented GMAC in foreclosure proceedings. And the person who signed many of these allegedly false affidavits was an employee of GMAC.

In a deposition taken in December, GMAC employee Jeffrey Stephan said he signed 10,000 affidavits or similar documents a month without personally verifying who the mortgage holder was. That means many foreclosures could have taken place based on false documentation. Stephan could not be located for comment.

“That’s hundreds of thousands of cases,” said Ice Legal PA attorney Christopher Immel who took the deposition. “And there are other people at other places who sign these kinds of documents as well.”

GMAC did not address how many homeowners would be affected by its suspension of evictions and foreclosure sales. It expects the issues to be resolved within a few weeks or, at latest, by year-end. The company didn’t respond to questions beyond its statement.

The issue of documenting who holds the mortgage is not unique to GMAC. Judges and lawyers nationwide are taking a second look at foreclosure affidavits. Many mortgages have been sliced up and sold to many investors as securities and that makes it harder to determine who is the ultimate mortgage holder.

In August, a judge in Duval County, Fla., ruled that JPMorgan Chase could not foreclose upon two homeowners because Fannie Mae carried the mortgage on its books and JPMorgan Chase only serviced the loan. JPMorgan Chase had identified itself as the owner of the loan. Similar cases across the country are pending.

The law firm that represented JPMorgan Chase in that case — Shapiro & Fishman — is the third law firm being investigated by the Florida state attorney.

Related:

MERS101


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



Posted in assignment of mortgage, chain in title, concealment, conflict of interest, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, jeffrey stephan, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, QUI TAM, quiet title, racketeering, RICO, robo signers, shapiro & fishman pa, signatures, Wall Street0 Comments

BLOOMBERG| GMAC STOPS FORECLOSURES NATIONWIDE IN 23 STATES

BLOOMBERG| GMAC STOPS FORECLOSURES NATIONWIDE IN 23 STATES

This bombshell just hit the wires….EFFECTIVE IMMEDIATELY GMAC HAS SUSPENDED ALL FORECLOSURES IN 23 STATES!

HMMMM could this have something to do with this?? Key word JEFFREY STEPHAN

Ally’s GMAC Mortgage Halts Home Foreclosures in 23 States

By Denise Pellegrini – Sep 20, 2010 9:43 AM ET

Ally Financial Inc.’s GMAC Mortgage unit told brokers and agents to halt evictions tied to foreclosures on homeowners in 23 states including Florida, Connecticut and New York.

GMAC Mortgage may “need to take corrective action in connection with some foreclosures” in the affected states, according to a two-page memo dated Sept. 17 marked “urgent.” Ally Financial spokesman James Olecki confirmed the contents of the memo. Brokers were told to immediately stop evictions, cash- for-key transactions and lockouts, according to the document, addressed to GMAC preferred agents.

The lender will also suspend sales of properties on which it has already taken possession. The letter tells brokers to notify buyers that the company will extend closing dates by 30 days. Buyers will be able to cancel their agreement to purchase and get their deposit back, according to the letter.

Continue Reading…. BLOOMBERG

.

.

Following is a table of the affected states.

Connecticut
Florida
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Vermont
Wisconsin

To contact the reporter on this story: Denise Pellegrini in New York at dpellegrini@bloomberg.net.

Image credit: The office complex of GMAC Mortgage, located in Fort Washington, Pennsylvania. Photographer: Bradley C. Bower/Bloomberg

Related articles:

JEFFREY STEPHAN: MANY CORPORATE HATS

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HIGHLIGHTS FROM A DEPOSITION OF JEFFREY STEPHAN |By Lynn E. Szymoniak, Esq. Ed., Fraud Digest

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DEPOSITION OF JEFFREY STEPHAN

Deposition_of_Jeffrey_Stephan

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



Posted in chain in title, conspiracy, CONTROL FRAUD, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, jeffrey stephan, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Real Estate, servicers, STOP FORECLOSURE FRAUD1 Comment

FLORIDA DEFAULT LAW GROUP FALSE STATEMENTS by Lynn Szymoniak, ESQ.

FLORIDA DEFAULT LAW GROUP FALSE STATEMENTS by Lynn Szymoniak, ESQ.

False Statements

Florida Default Law Group
Jeffrey Stephans

Action Date: September 14, 2010
Location: West Palm Beach, FL

On September 14, 2010, Florida Default Law Group filed “Notices” in foreclosure actions that the firm was withdrawing Affidavits it had previously filed. The Affidavits were signed by Jeffrey Stephan of GMAC Mortgage/Homecomings Financial in Montgomery County, PA. Stephan had previously admitted in depositions that he signed thousands of such affidavits each month with no knowledge of the contents and in many cases without even bothering to read the Affidavits. In the Notices, Florida Default claimed that “the undersigned law firm was not aware” that the Stephans Affidavits were improper and had a good faith belief in the Stephans Affidavits. Stephans signed so many Affidavits, however, on behalf of so many different securitized trusts, that his lack of actual knowledge should have been obvious. Many other mortgage servicing companies and foreclosure firms have filed thousands of other worthless, unfounded Affidavits. Perhaps the Law Offices of Marshall Watson will notify courts that Lost Note Affidavits signed by Linda Green, Tywanna Thomas and Korell Harp are also improper; perhaps The Law Offices of David Stern will notify Courts that their own office manager, Cheryl Samons, had no knowledge and did not even read the Affidavits she signed. The dark days of the foreclosure “robo-signers” seem to finally be coming to an end in Florida. Will the same judges who accepted thousands of these worthless Affidavits now believe the allegations that the foreclosure law firms acted in good faith when they presented these documents to Courts? An example of the Notice filed by Florida Default is available in the “Pleadings” section of this site. Highlights from the deposition of Jeffrey Stephan are available in the “Articles” section. Scott Anderson, Bryan Bly, Margaret Dalton, Erica Johnson-Seck, Crystal Moore and the other professional signers may finally be held accountable for their sworn false statements.


Affidavit in question below courtesy of ForeclosureHamlet:

[ipaper docId=37452927 access_key=key-1adz01qek3zbdb25hukl height=600 width=600 /]

Read more on…Jeffery Stephan


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



Posted in conspiracy, CONTROL FRAUD, FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, fraud digest, Lynn Szymoniak ESQ, note, robo signers, stopforeclosurefraud.com, Trusts2 Comments

DEPOSITIONS

DEPOSITIONS

Last updated- 3/27/2014

Full Deposition of JPMorgan/WaMU Lawrence Nardi Part 1 – Just What Happened To All Those Wamu’s Notes?

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Full Deposition of JPMorgan/WaMU Lawrence Nardi Part 2 – Just What Happened To All Those Wamu’s Notes?

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DEPOSITION OF FRANK A. DEAN – JP MORGAN CHASE – Home loan research officer

DEPOSITION OF FRANK A. DEAN – JP MORGAN CHASE – Home loan research officer

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FDIC- JPMORGAN- CHASE HOME FINANCE- WASHINGTON MUTUAL JEFFREY THORNE

In re Jolley: Secret FDIC & JPMorgan Chase Bank 118 Page Purchase and Assumption Agreement for Washington Mutual Bank Uncovered in Testimony of Jeffrey Thorne

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ONEWEST BANK’S MARCOS FLORES

FULL DEPOSITION OF MARCOS FLORES – Assistant Vice President, Regional Outreach Manager of ONEWEST BANK

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NORTHWEST TRUSTEE

Full Deposition of Northwest Trustee Services YVONNE McELLIGOTT

Full Deposition of Northwest Trustee Services JEFF STENMAN

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BOF A CEO Brian T. Moynihan HIGHLY CONFIDENTIAL Deposition in MBIA v. Bank of America, Countrywide –

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FULL DEPOSITION TRANSCRIPT OF AURORA BANK FSB ASST. VICE PRESIDENT NEVA HALL

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Full Deposition of Michele Sjolander, Executive Vice President of Countrywide Home Loans, Inc. “Stamp Endorsement”

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Full Deposition Transcript of Patricia Berner Foreclosure Special Assets Specialist For American Home Mortgage Servicing, Inc. “AHMSI”

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FULL DEPOSITION TRANSCRIPT OF AURORA BANK JOANN “EDNA” REIN

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DAVID J. STERN / FANNIE MAE

DEPOSITION TRANSCRIPT OF DAVID J. STERN ESQ. FROM 1/19/2000 BRYANT v. STERN

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ROY DIAZ

Full Deposition Transcript of ROY DIAZ Shareholder of Smith, Hiatt & Diaz, P.A. Law Firm

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LITTON LOAN SERVICING

Christopher Spradling

Deposition Transcript of Litton Loan Servicing Litigation Manager Christopher Spradling

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SELECT PORTFOLIO SERVICING/ BANK OF NEW YORK

Mindy Leetham

Deposition Transcript of SELECT PORTFOLIO SERVICING (SPS) MINDY LEETHAM

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DEUTSCHE BANK NATIONAL TRUST

Ronaldo Reyes

DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST VP RONALDO REYES

PT. 2 “NO TRUST LOAN TRANSFER” DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST CO. VP RONALDO REYES

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Lender Processing Services – Fidelity- LPS

CHERYL D. THOMAS

Deposition Transcript of DOCx, LPS CHERYL DENISE THOMAS

CHRISTIAN S. HYMER

FULL DEPOSITION TRANSCRIPT OF CHRISTIAN S. HYMER 1ST VP OF OPERATIONS FOR LENDER PROCESSING SERVICES (LPS) MINNESOTA

WILLIAM “BILL” NEWLAND

DEPOSITION TRANSCRIPT OF LPS/ FIDELITY BILL NEWLAND

SCOTT A. WALTER

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES “LPS” SCOTT A. WALTER PART 1

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”

GREGORY “GREG” ALLEN

FULL DEPOSITION TRANSCRIPT OF LPS GREG ALLEN “MERS IS ALIVE”

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SHELLIE HILL

DEPOSITION TRANSCRIPT OF “SHELLIE HILL” OF LERNER, SAMPSON & ROTHFUSS LS&R

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ALDEN BERNER

FULL DEPOSITION TRANSCRIPT OF ALDEN BERNER WELLS FARGO

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LINDA DiMARTINI

FULL DEPOSITION TRANSCRIPT OF COUNTRYWIDE BofA LINDA DiMARTINI

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RONALD WOLFE

FULL DEPOSITION OF FLORIDA DEFAULT LAW GROUP MANAGING PARTNER RONALD WOLFE

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TAMARA PRICE

FULL DEPOSITION OF CITI RESIDENTIAL, AMC TAMARA PRICE

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Links to NationWide Title pending out come of ACLU Appeal read more here

NATIONWIDE TITLE CLEARING

BRYAN BLY

VIDEO DEPOSITION OF NATIONWIDE TITLE CLEARING BRYAN BLY

Citi Residential Deposition of Bly, Brian depo with attch[1]

CRYSTAL MOORE

SFF EXCLUSIVE: VIDEO DEPOSITION OF NATIONWIDE TITLE CRYSTAL MOORE

DHURATA DOKO

VIDEO DEPOSITION OF NATIONWIDE TITLE CLEARING DHURATA DOKO

ERICA LANCE

FULL DEPOSITION TRANSCRIPT OF NATIONWIDE TITLE CLEARING ERICA LANCE BRYAN BLY

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BETH CERNI

FULL DEPOSITION OF LAW OFFICES OF DAVID J. STERN BETH CERNI

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HOLLAN FINTEL

FULL DEPOSITION TRANSCRIPT OF HOLLAN FINTEL FORMER FLORIDA DEFAULT LAW GROUP ATTORNEY

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TAMARA SAVERY

WM_FULL DEPOSITION TRANSCRIPT OF WELLS FARGO TAMARA SAVERY

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MARY R. CORDOVA

WM FULL-DEPOSITION-TRANSCRIPT-OF-MARY-CARDOVA-OF-LAW-OFFICES-OF-DAVID-J.-STERN

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KELLY SCOTT

WM_FULL DEPOSITION TRANSCRIPT OF KELLY SCOTT OF LAW OFFICES OF DAVID J. STERN

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JUDY FABER

WM_FULL_DEPOSITION_OF_RESIDENTIAL FUNDING.GMAC_JUDY_FABER

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RENEE D. HERTZLER

WM_FULL_DEPOSITION_TRANSCRIPT_OF_BANK_OF_AMERICA_RENEE_D_HERTZLER

____________________________________

HERMAN JOHN KENNERTY

Full-Deposition-of-Wells_Fargo_John-Herman-Kennerty

____________________________________

TAMMIE LOU KAPUSTA

WM_Full-Deposition-of-Tammie-Lou-Kapusta-Law-Office-of-David-J-Stern

____________________________________

ERICA JOHNSON SECK

WM_Deposition_of_Erica_Johnson-Seck_Part_I

Deposition_of_Erica_Johnson-Seck_Part_II

IndyMac Deposition of Johnson Seck, Erica Wagstaff v IndyMac

____________________________________

CHERYL SAMONS

Deposition_Cheryl_Sammons

TAKE TWO NEW FULL DEPOSITION OF CHERYL SAMONS

Cheryl Samons 1st Depo from 2009

____________________________________

BETH COTTRELL

BETH COTTRELL CHASE HOME FINANCE

Part II

____________________________________

CHARLES HERNDON

EXHIBIT G Chase Deposition of Herndon, Charles 10-06-09

____________________________________

SHANNON SMITH

FULL DEPOSITION OF DAVID J. STERN’S SHANNON SMITH

____________________________________

ANGELA NOLAN

Deposition_of_Angela_Nolan

____________________________________

JEFFREY STEPHAN

Deposition_of_Jeffrey_Stephan

Deposition_Of_Jeffrey_Stephan_2_Maine

____________________________________

XEE MOUA

Wells Fargo Deposition Moua

____________________________________

KRYSTAL HALL

DEPOSITION_OF_KRYSTAL HALL

____________________________________

STANLEY SILVA

FULL DEPOSITION TRANSCRIPT OF TICOR TITLE STANLEY SILVA “NOTICE OF DEFAULTS” LPS, FIDELITY, MERS, WELLS FARGO

____________________________________

FRANCIS S. HALLINAN, ESQ.

DEPOSITION OF FRANCIS S. HALLINAN, ESQUIRE “HIRED BY WELLS FARGO?”

____________________________________

REAL MERS EXECUTIVES

R.K. ARNOLD

MERS R.K. ARNOLD 2006 depo 9252006

MERS DEPO OF CEO RK Arnold 2009

WILLIAM “BILL” HULTMAN

MERS DEPOSITION OF WILLIAM Hultman

MERS VP William Hultman Deposition NJ

________________________________

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Posted in 2 Comments

What can be done about the backlog of foreclosure cases in Palm Beach County (and other Florida counties)? By Lynn Szymoniak ESQ.

What can be done about the backlog of foreclosure cases in Palm Beach County (and other Florida counties)? By Lynn Szymoniak ESQ.

BACKLOG

1. Dismiss all cases filed after February 11, 2010, that do not include a verification in accordance with the Florida Supreme Court revised  rules of Civil Procedure.   The big foreclosure firms, particularly the Law Offices of David Stern, are choosing to ignore the rule requiring verifications.  All parties should be required to follow the rules.

2. Dismiss all of the cases where the plaintiff is a bank “as Trustee” but the name of the trust is not disclosed.  Failure to identify the actual trust is one of the newest strategies of the foreclosure mills.  The trust, not the trustee, is the real party in interest.

3. Dismiss all of the cases where the complaint is not signed by the attorney whose name appears on the pleading.  The big foreclosure firms in thousands of cases have someone other than the attorney on the pleading sign “for” the attorney who drafted the pleading.  This is done so that both attorneys can deny responsibility.

4. Dismiss all of the cases that include these boilerplate allegations by the bank or trust: “We own the note. We had possession of the note. We lost the note.”  These allegations appear in over 20,000 cases.  By now it is apparent this is a ruse – no one actually lost 20,000 mortgages and notes. Frauds upon the courts should not be tolerated.

5. Dismiss all of the cases that include a Mortgage Assignment that was signed by an employee of the foreclosure mill law firm signing as a MERS officer.  This would include thousands of cases where Cheryl Samons and Beth Cerni, administrative employees for David Stern, signed as a representative of the GRANTOR when the firm was actually working for the GRANTEE.  This would also include cases where Patricia Arango and Caryn Graham, two associates working for The Law Offices of Marshall C. Watson, signed as MERS officers.  This would also include all cases where Christopher Bossman, an administrative employee in the Daniel Consuegra fiirm, signed as a MERS officer.  This would also include all cases where officers of Florida Default Law Group signed as MERS officers. In all of these cases, no disclosure was made to the Court or to the homeowner/defendants that the Assignments were prepared by law firm employees with no knowledge of the truth of the matters asserted therein.

6. Dismiss all of the cases where a Mortgage Assignment was signed by Jeffrey Stephan of GMAC (notarized in Montgomery County, PA).  Stephan has already admitted in sworn testimony that a notary was NOT present when he signed mortgage assignments, even though the Assignments contained a contrary statement.

7. Dismiss all of the cases where the documents were prepared by employees of Lender Processing Services since this company has already admitted in its Annual Statement with the SEC that investigations, internal and otherwise, revealed problems with the documents that were so significant that the company implemented a “remediation” program (and in January, 2010, laid off most of its employees in Alpharetta, GA. Until this company discloses which documents were determined to be defective, and what corrective actions were taken, no documents from LPS submitted to establish ownership and standing (notarized in Fulton County, GA; Duval County, FL and Dakota County, MN) should be relied upon by the Courts.

8. Dismiss all cases where a Mortgage Assignment has been made by American Brokers Conduit, American Home Mortgage Acceptance or American Home Mortgage Company, or nominees or mortgage servicing companies working for these American Home companies, after August 6, 2007, the day these companies filed for bankruptcy.  The bankruptcy court did not authorizing these actions.

If Palm Beach County judges looked critically at the documents submitted by the foreclosure mills,  they would reach the same conclusion as judges in other Florida Circuits – that the documents submitted by the foreclosure mills are worthless and the attorneys submitting these documents deserve strict sanctions.

LYNN E. SZYMONIAK ESQ.

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



Posted in concealment, conspiracy, corruption, DOCX, foreclosure fraud, foreclosure mills, fraud digest, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, marshall watson, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, note, robo signer, robo signers, stop foreclosure fraud0 Comments

MORTGAGE SERVICING COMPANIES PREPARING “REPLACEMENT” MORTGAGE ASSIGNMENTS: By Lynn E. Szymoniak, Esq., Ed.

MORTGAGE SERVICING COMPANIES PREPARING “REPLACEMENT” MORTGAGE ASSIGNMENTS: By Lynn E. Szymoniak, Esq., Ed.

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.



Posted in STOP FORECLOSURE FRAUD4 Comments

Cleveland v. CROWN FINANCIAL, LLC | FL 1DCA – the court erred by granting a new trial based on newly discovered evidence upon finding that the evidence could not have been discovered by the exercise of due diligence

Cleveland v. CROWN FINANCIAL, LLC | FL 1DCA – the court erred by granting a new trial based on newly discovered evidence upon finding that the evidence could not have been discovered by the exercise of due diligence

 

SCOTT CLEVELAND AND STEPHANIE CLEVELAND, Appellants,
v.
CROWN FINANCIAL, LLC, Appellee.

Case No. 1D16-3981.
District Court of Appeal of Florida, First District.
Opinion filed March 1, 2017.
An appeal from the Circuit Court for Walton County, David W. Green, Judge.

Jeffrey U. Beaverstock and Daniel L. Burkard of Burr & Forman, LLP, Mobile, AL, for Appellants.

Robert J. Powell of Clark Partington, Pensacola, for Appellee.

LEWIS, J.

Appellants, Scott and Stephanie Cleveland, appeal the trial court’s Order Granting New Trial and Relief from Judgment, arguing that the court erred by granting a new trial based on newly discovered evidence upon finding that the evidence could not have been discovered by the exercise of due diligence. For the following reasons, we agree with Appellants and, therefore, reverse the trial court’s order.

Background

In June 2013, Appellee, Crown Financial, LLC, filed against Appellants a Mortgage Foreclosure Complaint, alleging that the parties executed in March 2010 a Mortgage and a Profit Sharing Agreement that conveyed to Appellee the subject property, Appellants were in default, and Appellee was entitled to foreclosure on the property and to $418,972.22 in principal pursuant to those documents. At the non-jury trial, Chad Tribe, a member and manager of Appellee, testified in part that his responsibilities included reviewing the records relating to the Profit Sharing Agreement and Mortgage to determine the amounts owed and that he had reviewed the records the day before trial. Tribe testified that while the Profit Sharing Agreement limited the outstanding advances to $300,000, Appellee increased the loan advance to $500,000. When asked if the Profit Sharing Agreement was amended to reflect the increased advance, Tribe responded, “I do not recall. I did not see a document in file, though, that stated that,” and he testified that there was no document before the trial court that memorialized the increase in advances.

The parties disputed the amount of the loans that was secured. Appellee contended that the future advances clause of the Mortgage secured anything over $300,000 up to $600,000, while Appellants argued that the Profit Sharing Agreement secured advances only up to $300,000 and “if anything, the language in the mortgage itself is conflicting,” with the former controlling. In its Final Judgment, the trial court determined that Appellee was entitled to $419,069.64 in principal, thereby implicitly agreeing with Appellee on the issue. On appeal, we reversed and remanded for the recalculation of Appellants’ indebtedness upon concluding that the Profit Sharing Agreement was controlling and limited the secured advances to $300,000, and we noted that “the Agreement, which provided that the Mortgage at issue would secure Appellants’ obligations, was not amended to reflect a $500,000 maximum advance amount.” See Cleveland v. Crown Fin., LLC, 183 So. 3d 1206, 1210 (Fla. 1st DCA 2016).

On remand, the trial court entered an Amended Final Judgment pursuant to this Court’s mandate. Appellee then filed an “Amended and Restated Motion for Relief/Motion for New Trial” “from the amended final judgment pursuant to F.R.C.P. 1.540,” wherein it asserted in part as follows:

5. Subsequent to the trial, due to excusable neglect and newly discovered evidence, it was revealed that the parties did indeed enter into a written agreement for an additional advance for an amount not to exceed $500,000.00 for this transaction. . . .

6. This evidence was something that was lost/misplaced and forgotten due to simple human error. In and of itself, it is critical evidence in this matter and simply because of human error, it was not discovered or remembered until after the trial. . . .

7. The document was apparently in another file or a sea of documents and merely overlooked and forgotten.

[8]. As a result, Plaintiff request[s] relief in the manner of a New Trial in light of the new evidence.

The alleged newly discovered evidence was an Agreement for Additional Advance, which was dated September 2010, was signed by Chad Tribe and Appellant Scott Cleveland, and stated in part, “Pursuant to the Profit Sharing Agreement between the parties . . ., `the aggregate amount outstanding at any one time shall never exceed the sum of $300,000.00.’ Crown agrees to increase this amount to $500,000.00 for this one-time transaction that is currently booked.” In support of Appellee’s motion, Tribe submitted an affidavit, attesting in part that “[t]he agreement for additional advance was not located in the file maintained by [Appellee], but a copy was subsequently located in the possession of the broker”[1] and “[i]n its most simple terms, I made a simple human error mistake regarding an important document.”

Appellants opposed the motion, arguing that the Agreement for Additional Advance did not constitute newly discovered evidence because Appellee failed to establish that it could not have timely discovered it by due diligence and it was merely forgotten evidence newly remembered. The trial court entered an Order Granting New Trial and Relief from Judgment, wherein it granted “[Appellee’s] motion for new trial and alternatively, its motion for relief from judgment” upon finding that “[the Agreement for Additional Advance], located after the trial in the hands of the plaintiff’s broker, constitutes new evidence discovered after the trial that could not have been discovered before the trial by exercise of due diligence . . ..” This appeal followed.

Analysis

“`The importance of finality in any justice system . . . cannot be understated. It has long been recognized that, for several reasons, litigation must, at some point, come to an end.'” Balmoral Condo. Ass’n v. Grimaldi, 107 So. 3d 1149, 1151 (Fla. 3d DCA 2013) (quoting Witt v. State, 387 So. 2d 922 (Fla. 1980)). “Reflecting a balance between the need for finality and the interest of allowing appropriate corrections to final orders, rules 1.530 and 1.540 [of the Florida Rules of Civil Procedure] provide two very different approaches for judges to revisit final judgments.” Id. A trial court’s ruling on a rule 1.540 motion is reviewed for an abuse of discretion. Travelers Commercial Ins. Co. v. Harrington, 187 So. 3d 879, 884 (Fla. 1st DCA 2016); see also Leach v. Salehpour, 19 So. 3d 342, 344 (Fla. 2d DCA 2009) (explaining the same and that a ruling on a rule 1.530 motion is likewise reviewed for an abuse of direction, unless it involves a pure question of law).

Florida Rule of Civil Procedure 1.540(b) provides in relevant part that pursuant to a timely filed motion, a trial court may relieve a party from a final judgment based on “newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing.” “[R]ule 1.540(b), however, `does not have as its purpose or intent the reopening of lawsuits to allow parties to state new claims or offer new evidence omitted by oversight or inadvertence.'” Hooks v. Quaintance, 71 So. 3d 908, 911 (Fla. 1st DCA 2011) (citation omitted). “The necessary finality of litigation prohibits courts from giving parties a second chance at proof they had available in the first instance but overlooked or chose not to use.” Id. “Relief from judgment based on newly discovered evidence claim should be seldom granted and only when the party seeking relief has exercised due diligence.” Id. “It is the movant’s burden under rule 1.540(b) to establish the exercise of due diligence. It is not sufficient to merely show that the evidence was not known or discovered by counsel prior to trial. Rather, the movant must make his or her vigilance apparent.” Brown v. McMillian, 737 So. 2d 570, 571 (Fla. 1st DCA 1999); see also Junda v. Diez, 848 So. 2d 457, 458 (Fla. 4th DCA 2003) (explaining that relief from judgment based on newly discovered evidence should be granted seldom and only when the party seeking relief exercised due diligence, and concluding that the trial court abused its discretion by granting the appellee’s 1.540(b) motion based on newly discovered evidence “[g]iven the length of time the case was pending, the fact that [appellee] knew of the existence of the necessary documentation before the initial trial, the lack of the exercise of due diligence by [appellee]”).

Florida Rule of Civil Procedure 1.530(a) states in pertinent part that “[o]n a motion for a rehearing of matters heard without a jury . . ., the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.” A newly discovered evidence claim may also be the basis for relief pursuant to rule 1.530, but a rehearing or new trial based on newly discovered evidence is warranted only where the evidence was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. Mistretta v. Mistretta, 31 So. 3d 206, 208 (Fla. 1st DCA 2010). Forgotten evidence does not constitute newly discovered evidence. See Resort of Indian Spring, Inc. v. Indian Spring Country Club, Inc., 747 So. 2d 974, 978 (Fla. 4th DCA 1999) (involving a rule 1.530 motion); Holmes v. Holmes, 578 So. 2d 323, 325 (Fla. 4th DCA 1991) (entailing a rule 1.540 motion).

Further, courts generally do not provide parties with an opportunity to retry their case upon a failure of proof. Correa v. U.S. Bank N.A., 118 So. 3d 952, 956 (Fla. 2d DCA 2013) (citing cases refusing to give a party a second bite at the apple and concluding, “Counsel for U.S. Bank should have been fully aware of its burden to reestablish the lost note and fully prepared to meet that burden, yet it made minimal effort to address this issue even after prodding by the trial court. There is simply no reason to afford it a second opportunity to prove its case”); see also Allard v. Al-Nayem Int’l, Inc., 59 So. 3d 198, 202 (Fla. 2d DCA 2011) (stating that a party’s failure to prove damages is an improper ground for rehearing because “`[r]ehearing is not intended as a device to present additional evidence that was available, although not presented, at the original trial,'” and concluding that the trial court improperly granted the appellee’s motion for rehearing where “[the appellee] persisted that its interpretation of Burton was the only correct measure of damages, despite considerable debate below about the correct measure of damages and [the appellant’s] argument that improvements must be considered. [The appellee] `consciously elected to proceed upon . . . what was ultimately determined to be an invalid theory of damages'”). Cf. Gulf Eagle, LLC v. Park E. Dev., Ltd., 196 So. 3d 476, 477 (Fla. 2d DCA 2016) (explaining that in order to reopen a case, a party must generally establish that the presentation of the evidence will not unfairly prejudice the opposing party and the reopening will serve the best interests of justice, and reversing the order vacating a deficiency judgment that had been entered against the appellees following a bench trial upon concluding that both factors were met where the trial court improperly denied the appellees’ motion for directed verdict based on an incorrect finding, as a result of which the appellant could not move for a rehearing to present additional evidence, and emphasizing that the appellant could not be penalized for its good faith reliance on the trial court’s ruling).

Turning to the case before us, the trial court granted Appellee’s rule 1.540 motion upon finding that the Agreement for Additional Advance constitutes newly discovered evidence that could not have been discovered before the trial with the exercise of due diligence. As Appellants argue, however, Appellee failed to meet its burden of establishing that it could not have discovered the document with the exercise of due diligence. In fact, Appellee did not present any evidence of—or even allege—its exercise of due diligence and instead claimed only that the document was “lost/misplaced and forgotten due to simple human error”/”merely overlooked and forgotten.” As such, the Agreement for Additional Advance does not constitute newly discovered evidence, and the trial court abused its discretion in finding otherwise.

Apparently recognizing the trial court’s error, Appellee does not dispute Appellants’ contention and instead argues that we should affirm pursuant to the tipsy coachman doctrine.[2] Appellee claims that its motion should be construed as seeking relief under rule 1.530 and the granting of relief pursuant to that rule was required because it does not result in any undue prejudice to Appellants, it promotes the interests of justice, and it avoids an inequitable windfall to Appellants. Appellee primarily relies on Gulf Eagle, LLC in support of its argument, but that reliance is misplaced. Even if Appellee’s motion is construed as seeking relief under rule 1.530, the fact remains that the trial court’s granting of relief was based upon its erroneous finding that the Agreement for Additional Advance constitutes newly discovered evidence. Additionally, unlike in Gulf Eagle, LLC, Appellee was not relying on an erroneous ruling by the trial court, but upon its own strategy that proved to be unsuccessful. Appellee made a strategic decision in arguing throughout the proceeding, until the conclusion of the first appeal, that any advance over $300,000 was secured by the future advances clause of the Mortgage. When this Court rejected Appellee’s theory and remanded for the recalculation of Appellants’ indebtedness, Appellee changed course of action and sought the trial court’s consideration of the Agreement for Additional Advance to prove that its entitlement was not capped at $300,000. Appellee even admits such a change in strategy by arguing on appeal as follows:

[Appellee] filed this foreclosure action with the mistaken belief that there was no agreement amending the maximum credit limitation clause in the Profit Sharing Agreement. And [Appellee] concluded such agreement would be unnecessary for the Trial Court to consider anyway for various legal reasons including that the Mortgage secures additional advances from [Appellee] up to a maximum of twice the principal amount of debt originally loaned. . . Once this Court reversed the Trial Court in Cleveland—disapproving [Appellee’s] reliance on the future advance clause in the Mortgage to secure amounts exceeding $300,000.00—it became necessary for [Appellee] to establish that the parties amended the maximum limitation clause in the Profit Sharing Agreement, written evidence of which [Appellee] had fortunately discovered after trial.

Appellee chose to rely on that strategy even though the amount of loans secured was in dispute, Appellants disagreed with its interpretation of the Profit Sharing Agreement and Mortgage, and Tribe—the same person who in 2010 signed the newly offered document—was asked at trial about any amendments to the Profit Sharing Agreement to reflect the increased advance. Given such, contrary to Appellee’s argument, the reopening of the case would not serve the best interests of justice and would provide Appellee with the type of second opportunity to prove its case that is condemned by the courts.

Conclusion

For the foregoing reasons, we reverse the trial court’s Order Granting New Trial and Relief from Judgment.

REVERSED.

WOLF and WETHERELL, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

[1] During trial, Tribe testified that most of the communication between the parties had gone through a broker who introduced Appellee to Appellant Scott Cleveland.

[2] The tipsy coachman doctrine allows an appellate court to affirm a trial court that reaches the right result for the wrong reasons if there is any basis in the record that would support the judgment. Robertson v. State, 829 So. 2d 901, 906 (Fla. 2002).

 

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



Posted in STOP FORECLOSURE FRAUD0 Comments

Bartram v. US Bank National Association, Fla: Supreme Court 2016

Bartram v. US Bank National Association, Fla: Supreme Court 2016

 

LEWIS BROOKE BARTRAM, Petitioner,
v.
U.S. BANK NATIONAL ASSOCIATION, etc., et al., Respondents.
THE PLANTATION AT PONTE VEDRA, Petitioner,
v.
U.S. BANK NATIONAL ASSOCIATION, etc., et al., Respondents.
GIDEON M.G. GRATSIANI, Petitioner,
v.
U.S. BANK NATIONAL ASSOCIATION, etc., et al., Respondents.

Nos. SC14-1265, SC14-1266, SC14-1305.
Supreme Court of Florida.
November 3, 2016.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fifth District — Case No. 5D12-3823, St. Johns County.

Kendall B. Coffey, Jeffrey B. Crockett, and Daniel Frederick Blonsky of Coffey Burlington, P.L., Miami, Florida; Dineen Pashoukos Wasylik of Dineen Pashoukos Wasylik, P.A., Tampa, Florida; Thomas R. Pycraft, Jr. of Pycraft Legal Services, LLC, Saint Augustine, Florida; and Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, Florida, for Petitioner Lewis Brooke Bartram

Paul Alexander Bravo of P.A. Bravo, Coral Gables, Florida, for Petitioner Gideon M.G. Gratsiani.

Joel Stephen Perwin of Joel S. Perwin, P.A., Miami, Florida, for Petitioner The Plantation at Ponte Vedra, Inc.

Michael Darren Starks and Kelly Overstreet Johnson of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Orlando, Florida; William Power McCaughan, Stephanie N. Moot and Karen Poy Finesilver of K&L Gates LLP, Miami, Florida; and David R. Fine of K&L Gates LLP, Harrisburg, Pennsylvania, for Respondent U.S. Bank National Association.

Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville, Florida; Thomas A. Cox of The National Consumer Law Center, Portland, Maine; J.L. Pottenger, Jr. of Jerome N. Frank Legal Services Organization, New Haven, Connecticut; and James C. Sturdevant of The Sturdevant Law Firm, San Francisco, California, for Amici Curiae National Association of Consumer Advocates, The National Consumer Law Center, and The Jerome N. Frank Legal Services Organization.

Steven Michael Siegfried, Nicholas David Siegfried, and Nicole Reid Kurtz of Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., Coral Gables, Florida; and Todd L. Wallen of The Wallen Law Firm, P.A., Coral Gables, Florida, for Amicus Curiae Community Associations Institute.

John Granville Crabtree, George Richard Baise, Jr., and Brian Carson Tackenberg of Crabtree & Associates, P.A., Key Biscayne, Florida; Alice Maria Vickers of Florida Alliance for Consumer Protection, Tallahassee, Florida; Kimberly Laura Sanchez of Community Legal Services of Mid-Florida, Orlando, Florida; Sarah Elizabeth Mattern of Brevard County Legal Aid, Inc, Rockledge, Florida; and Peter P. Sleasman of Florida Legal Services Inc., Newberry, Florida, for Amici Curiae Florida Alliance for Consumer Protection, Brevard County Legal Aid, and Consumer Umbrella Group of Florida Legal Services.

Andrew David Manko and John Stewart Mills of The Mills Firm, P.A., Tallahassee, Florida, for Amici Curiae Upside Property Investment, LLC, Signature Land, Inc., Upside Property Enterprises, Inc., and The Lynne B. Preminger Living Trust.

Major Best Harding and John R. Beranek of Ausley McMullen, Tallahassee, Florida; and John Russell Hargrove of Hargrove Pierson & Brown P.A., Boca Raton, Florida, for Amicus Curiae Baywinds Community Association, Inc.

Peter David Ticktin, Timothy Richard Quinones, and Kendrick Almaguer of The Ticktin Law Group, P.A., Deerfield Beach, Florida, for Amici Curiae Bradford and Cheri Langworthy, and The Ticktin Law Group, P.A.

Robert Rex Edwards and Jessica Pierce Quiggle of Robertson, Anschutz & Schneid, PL, Boca Raton, Florida; Melissa A. Giasi and Richard Slaughter McIver of Kass Shuler, P.A., Tampa, Florida; Shaib Yariel Rios and Curtis James Herbert of Brock and Scott PLLC, Fort Lauderdale, Florida; Andrea Rachael Tromberg of Gladstone Law Group, P.A., Boca Raton, Florida; Elizabeth Redchuk Wellborn of Elizabeth R. Wellborn, P.A., Deerfield Beach, Florida; Michelle Garcia Gilbert and Jennifer Lima-Smith of Gilbert Garcia Group, P.A., Tampa, Florida, for Amicus Curiae American Legal and Financial Network

Robert Mark Brochin, Joshua Charles Prever, and Brian Michael Ercole of Morgan, Lewis & Bockius LLP, Miami, Florida, for Amicus Curiae Mortgage Bankers Association.

David William Rodstein of Padula Hodkin, PLLC, Boca Raton, Florida, for Amicus Curiae US Financial Network.

PARIENTE, J.

The issue before the Court involves the application of the five-year statute of limitations to “[a]n action to foreclose a mortgage” pursuant to section 95.11(2)(c), Florida Statutes (2012).[1] The Fifth District Court of Appeal relied on this Court’s reasoning in Singleton v. Greymar Associates, 882 So. 2d 1004 (Fla. 2004), rejecting that the statute of limitations had expired. Because of the importance of this issue to both lenders and borrowers, the Fifth District certified to this Court a question of great public importance, which we have rephrased to acknowledge that the note in this case is a standard residential mortgage, which included a contractual right to reinstate:

DOES ACCELERATION OF PAYMENTS DUE UNDER A RESIDENTIAL NOTE AND MORTGAGE WITH A REINSTATEMENT PROVISION IN A FORECLOSURE ACTION THAT WAS DISMISSED PURSUANT TO RULE 1.420(B), FLORIDA RULES OF CIVIL PROCEDURE, TRIGGER APPLICATION OF THE STATUTE OF LIMITATIONS TO PREVENT A SUBSEQUENT FORECLOSURE ACTION BY THE MORTGAGEE BASED ON PAYMENT DEFAULTS OCCURRING SUBSEQUENT TO DISMISSAL OF THE FIRST FORECLOSURE SUIT?

We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

In this case, it is uncontroverted that the borrower, Lewis Brooke Bartram, also referred to as the mortgagor, stopped making payments on his $650,000 mortgage and note, both before and after the foreclosure action was brought and subsequently dismissed. For the reasons set forth in this opinion, we answer the rephrased certified question in the negative and hold, consistent with our reasoning in Singleton, that the mortgagee, also referred to as the lender, was not precluded by the statute of limitations from filing a subsequent foreclosure action based on payment defaults occurring subsequent to the dismissal of the first foreclosure action, as long as the alleged subsequent default occurred within five years of the subsequent foreclosure action. When a mortgage foreclosure action is involuntarily dismissed pursuant to Rule 1.420(b), either with or without prejudice, the effect of the involuntary dismissal is revocation of the acceleration, which then reinstates the mortgagor’s right to continue to make payments on the note and the right of the mortgagee, to seek acceleration and foreclosure based on the mortgagor’s subsequent defaults. Accordingly, the statute of limitations does not continue to run on the amount due under the note and mortgage.[2]

Absent a contrary provision in the residential note and mortgage, dismissal of the foreclosure action against the mortgagor has the effect of returning the parties to their pre-foreclosure complaint status, where the mortgage remains an installment loan and the mortgagor has the right to continue to make installment payments without being obligated to pay the entire amount due under the note and mortgage. Accordingly, we approve the Fifth District’s opinion in U.S. Bank National Association v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014), and answer the rephrased certified question in the negative.

FACTS AND PROCEDURAL BACKGROUND

On November 14, 2002, Petitioners Lewis Bartram (“Bartram”) and his then-wife Patricia Bartram[3] (“Patricia”), purchased real property in St. Johns County, Florida (the “Property”). Less than a year later, Patricia filed for dissolution of the couple’s marriage, which was officially dissolved on November 5, 2004. Pursuant to a prenuptial agreement the Bartrams had previously executed, the divorce court ordered Bartram to purchase Patricia’s interest in the Property.

In order to comply with the divorce court’s order, on February 16, 2005, Bartram obtained a $650,000 loan through Finance America, LLC, secured by a mortgage on the Property in favor of Mortgage Electronic Registration Systems, Inc., in its capacity as nominee for Finance America (the “Mortgage”). Finance America subsequently assigned the Mortgage to Respondent, U.S. Bank National Association (the “Bank”), as trustee and assignee. A day later, on February 17, 2005, Bartram executed a second mortgage (the “Second Mortgage”) to Patricia as security for a second mortgage note of $120,000.

The Mortgage was a standard residential form mortgage and required the lender to give the borrower notice of any default and an opportunity to cure before the mortgagee could proceed against the secured property in a judicial foreclosure action. Specifically, paragraph 22 of the Mortgage was an optional acceleration clause and provided that the lender was required to give the borrower notice that failure to cure the default “may result in acceleration of the sums secured” by the mortgagee and foreclosure of the property:

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that 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, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. 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 foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys’ fees and costs of title evidence.

(Emphasis added).

In addition to providing optional acceleration and foreclosure as a remedy for default, paragraph 19 of the Mortgage also granted the borrower a right to reinstate the note and Mortgage after acceleration if certain conditions were met, including paying the mortgagee all past defaults and other related expenses that would be due “as if no acceleration had occurred”:

Borrower’s Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender’s interest in the Property and rights under this Security Instrument, and Borrower’s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.[4]

(Emphasis added). The designated maturity date of the note was March 1, 2035.

On January 1, 2006, Bartram stopped making payments on the Mortgage, and never made payments on the Second Mortgage. Around the same time, Bartram also stopped paying homeowners’ association assessments to the Plantation at Ponte Vedra, Inc. (the “HOA”), the homeowners’ association of the development where the Property was located. The HOA subsequently placed a lien on the Property for nonpayment of the HOA assessments.

On May 16, 2006, the Bank filed a complaint to foreclose the Mortgage based on Bartram’s failure to make payments due from January of that year to the date of the complaint. The foreclosure complaint stated that all conditions precedent to the acceleration of the Mortgage and to the foreclosure of the Mortgage had been fulfilled or had occurred, and declared the full amount payable under the note and Mortgage to be due. Nearly five years later, on May 5, 2011, the foreclosure action was involuntarily dismissed after the Bank failed to appear at a case management conference.[5] The Bank did not appeal the dismissal.

Following the dismissal of the foreclosure action, Bartram filed a motion to cancel the promissory note and release the lien on the mortgage. The trial court denied the motion in an order dated August 29, 2011, citing to its lack of jurisdiction in the matter since the May 5, 2011, involuntary dismissal under Rule 1.420(b) “was an adjudication on the merits and the case has been closed.”

Approximately a year later, after the dismissal of the foreclosure action and almost six years after the Bank filed its foreclosure complaint, Bartram filed a crossclaim against the Bank in a separate foreclosure action Patricia had brought against Bartram, the Bank, and the HOA. Bartram’s crossclaim sought a declaratory judgment to cancel the Mortgage and to quiet title to the Property, asserting that the statute of limitations barred the Bank from bringing another foreclosure action.[6]

Bartram then moved for summary judgment on his crossclaim. The trial court found no genuine issue as to any material fact, granted summary judgment, quieted title in Bartram, found the Bank had no further ability to enforce its rights under the note and Mortgage that were the subject matter of the Bank’s dismissed foreclosure action, and cancelled the note and Mortgage. In doing so, the trial court released the Bank’s lien on the Property. The Bank subsequently filed a motion for rehearing, and after the trial court denied the Bank’s motion, appealed to the Fifth District.

Before the Fifth District, the Bank relied on this Court’s decision in Singleton for its position that the trial court’s dismissal “nullified [the Bank’s] acceleration of future payments; accordingly, the cause of action on the accelerated payments did not accrue and the statute of limitations did not begin to run on those payments, at least until default occurred on each installment.” Bartram, 140 So. 3d at 1009-10. The Bank acknowledged, however, that it could not seek to foreclose the Mortgage based on Bartram’s defaults prior to the first foreclosure action, but could seek foreclosure based on defaults occurring subsequent to the dismissal of the first foreclosure action. Id. at 1009. Bartram contended on appeal, joined by Patricia and the HOA, “that the cause of action for default of future installment payments accrued upon acceleration, thus triggering the statute of limitations clock to run, and because the Bank did not revoke its acceleration at any time after the dismissal, the five-year statute of limitations period eventually expired, barring the Bank from bringing another suit [to foreclose the Mortgage].” Id. at 1010 (citations omitted).

The Fifth District agreed with the Bank and held that if a “new and independent right to accelerate” exists in a res judicata analysis under Singleton, 882 So. 2d at 1008,then “there is no reason it would not also exist vis-à-vis a statute of limitations issue.” Id. at 1013. The Fifth District reasoned that a “new and independent right to accelerate” would mean that each new default would present new causes of action, regardless of whether the payment due dates had been accelerated in the first foreclosure action. Id. at 1013-14. Based on Singleton, the Fifth District explained, “a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes, even where acceleration had been triggered and the first case was dismissed on its merits.” Id. at 1014. The Fifth District accordingly reversed the trial court’s judgment, remanded the case to the trial court, and certified the question of great public importance we now address.

ANALYSIS

The rephrased certified question involves a pure question of law. Therefore, the standard of review is de novo. See Christensen v. Bowen, 140 So. 3d 498, 501 (Fla. 2014). In answering the rephrased certified question, we begin by reviewing this Court’s decision in Singleton, which the Fifth District and most courts throughout the state have held to be determinative of the rephrased certified question. We then discuss the cases, both state and federal, that concern successive mortgage foreclosure actions in a statute of limitations context decided after Singleton. In doing so, we examine whether our analysis in Singleton, which was decided on res judicata grounds, extends to the statute of limitations context present in this case. We then discuss the significance to our analysis, if any, of the involuntary dismissal of the foreclosure action pursuant to Rule 1.420(b) and the effect of the Mortgage’s reinstatement provision. Based on this analysis, we conclude by answering the rephrased certified question in the negative and approving the Fifth District’s decision in Bartram.

I. Singleton v. Greymar Associates

In Singleton, a mortgagee brought two consecutive foreclosure actions against a mortgagor. 882 So. 2d at 1005. The first foreclosure action was based on the mortgagor’s failure to make mortgage payments from September 1999 to February 2000 and “sought to accelerate the entire indebtedness against” the mortgagor. Id. & n.1. The first foreclosure action was dismissed with prejudice by the trial court after the mortgagee failed to appear at a case management conference. Id. After this involuntary dismissal, the mortgagee filed a second foreclosure action based on a separate default that occurred when the mortgagor failed to make mortgage payments starting in April 2000. Id. at 1005. The mortgagor contended that the dismissal of the first foreclosure action barred relief in the second foreclosure action, but the trial court rejected this argument and entered a summary final judgment of foreclosure for the mortgagee. Id.

The mortgagor appealed, and “the Fourth District affirmed the circuit court’s decision, finding that `[e]ven though an earlier foreclosure action filed by appellee was dismissed with prejudice, the application of res judicata does not bar this lawsuit. The second action involved a new and different breach.'” Id. (citing Singleton v. Greymar Assocs., 840 So. 2d 356, 356 (Fla. 4th DCA 2003)). Singleton petitioned this Court for jurisdiction, citing an express and direct conflict with Stadler v. Cherry Hill Developers, Inc., 150 So. 2d 468 (Fla. 2d DCA 1963). Id.

Stadler also involved two successive foreclosure actions where the first foreclosure action had been dismissed with prejudice. 150 So. 2d at 469. The mortgagee brought a second foreclosure action that was identical except for alleging a different period of default. That action was successful, and the mortgagor appealed. The Second District reversed the judgment of foreclosure entered on the basis of res judicata and concluded that the “election to accelerate put the entire balance, including future installments at issue.” Id. at 472. Therefore, even though different periods of default were asserted, the “entire amount due” was the same and thus the “actions are identical.” Id. Accordingly, the Second District concluded that res judicata barred the second foreclosure action. Id. at 473.

After analyzing the position of the two appellate courts, this Court agreed with the Fourth District that “when a second and separate action for foreclosure is sought for a default that involves a separate period of default from the one alleged in the first action, the case is not necessarily barred by res judicata.” Singleton, 882 So. 2d at 1006-07. In support, we cited with approval the Fourth District’s reasoning in Capital Bank v. Needle, 596 So. 2d 1134 (Fla. 4th DCA 1992):

Our reading of the case law set out above leads us to conclude that a final adjudication in a foreclosure action that also prays for a deficiency judgment on the underlying debt may, but does not necessarily, bar a subsequent action on the debt. For instance, if the plaintiff in a foreclosure action goes to trial and loses on the merits, we do not believe such plaintiff would be barred from filing a subsequent foreclosure action based upon a subsequent default. The adjudication merely bars a second action relitigating the same alleged default. A dismissal with prejudice of the foreclosure action is tantamount to a judgment against the mortgagee. That judgment means that the mortgagee is not entitled to foreclose the mortgage. Such a ruling moots any prayer for a deficiency, since a necessary predicate for a deficiency is an adjudication of foreclosure. There was no separate count in the Capital Bank complaint seeking a separate recovery on the promissory note alone.

Accordingly, we do not believe the dismissal of the foreclosure action in this case barred the subsequent action on the balance due on the note.

Singleton, 882 So. 2d at 1007 (quoting Capital Bank, 596 So. 2d at 1138) (emphasis added).

Our holding in Singleton was based on the conclusion that an “acceleration and foreclosure predicated upon subsequent and different defaults present a separate and distinct issue” than a foreclosure action and acceleration based on the same default at issue in the first foreclosure action. Id. Indeed, we cited with approval another decision of the Fourth District, Olympia Mortgage Corp. v. Pugh, 774 So. 2d 863, 866 (Fla. 4th DCA 2000), which held—contrary to the Second District’s conclusion in Stadler—that an acceleration of debt in a mortgage foreclosure action did not place future installments at issue. As we explained, the unique nature of a mortgage compelled this result:

This seeming variance from the traditional law of res judicata rests upon a recognition of the unique nature of the mortgage obligation and the continuing obligations of the parties in that relationship. For example, we can envision many instances in which the application of the Stadler decision would result in unjust enrichment or other inequitable results. If res judicata prevented a mortgagee from acting on a subsequent default even after an earlier claimed default could not be established, the mortgagor would have no incentive to make future timely payments on the note. The adjudication of the earlier default would essentially insulate her from future foreclosure actions on the note—merely because she prevailed in the first action. Clearly, justice would not be served if the mortgagee was barred from challenging the subsequent default payment solely because he failed to prove the earlier alleged default.

Singleton, 882 So. 2d at 1007-08 (emphasis added).

Our recognition in Singleton that each new default presented a separate cause of action was based upon the acknowledgement that because foreclosure is an equitable remedy, “[t]he ends of justice require that the doctrine of res judicata not be applied so strictly so as to prevent mortgagees from being able to challenge multiple defaults on a mortgage.” Id. at 1008. Thus, the failure of a mortgagee to foreclose the mortgage based on an alleged default did not mean the mortgagor had automatically and successfully defeated his or her obligation to make continuing payments on the note.

II. Mortgage Foreclosure Cases Post-Singleton: Application to Statute of Limitations Context

In cases concerning mortgage foreclosure actions, since our decision in Singleton, both federal and state courts have applied our reasoning in Singleton in the statute of limitations context and have concluded that because of “the unique nature of the mortgage obligation and the continuing obligations of the parties in that relationship,” an “adjudication denying acceleration and foreclosure” does not bar subsequent foreclosure actions based on separate and distinct defaults. See id. at 1007. As the Fourth District explained, under Singleton, a “new default, based on a different act or date of default not alleged in the dismissed action, creates a new cause of action.” Star Funding Sols., LLC v. Krondes, 101 So. 3d 403 (Fla. 4th DCA 2012). That is because, as the First District has also explained, this Court’s “analysis in Singleton recognizes that a note securing a mortgage creates liability for a total amount of principal and interest, and that the lender’s acceptance of payments in installments does not eliminate the borrower’s ongoing liability for the entire amount of the indebtedness.” Nationstar Mortg., LLC v. Brown, 175 So. 3d 833, 834 (Fla. 1st DCA 2015).

Other district courts of appeal have similarly applied our reasoning in Singleton to determine that the five-year statute of limitations did not bar a subsequent foreclosure action when the mortgagee had brought an initial foreclosure action that accelerated all sums due under the mortgage and note, on that same mortgage outside the statute of limitations window. For instance, in Deutsche Bank Trust Co. Americas v. Beauvais, 188 So. 3d 938, 947 (Fla. 3d DCA 2016), the Third District concluded that because the subject mortgage’s reinstatement provision granted the mortgagor the right to avoid foreclosure by paying only the past due defaults, that “despite acceleration of the balance due and the filing of an action to foreclose, the installment nature of a loan secured by such a mortgage continue[d] until a final judgment of foreclosure [was] entered and no action [was] necessary to reinstate it via a notice of `deceleration’ or otherwise.”

With reasoning similar to Beauvais, in Evergrene Partners, Inc. v. Citibank, N.A., 143 So. 3d 954, 955 (Fla. 4th DCA 2014), a mortgagor challenged, on statute of limitations grounds, a second foreclosure action brought by the mortgagee when the mortgagee had voluntarily dismissed a prior foreclosure action based on a separate default. The Fourth District held that the mortgage was still enforceable because “the statute of limitations ha[d] not run on all of the payments due pursuant to the note,” specifically those payments missed after the initial alleged default. Id. In reaching this conclusion, the Fourth District relied on Singleton, and emphasized that “[w]hile a foreclosure action with an acceleration of the debt may bar a subsequent foreclosure action based on the same event of default, it does not bar subsequent actions and acceleration based upon different events of default.” Id. Similarly, in PNC Bank, N.A. v. Neal, 147 So. 3d 32, 32 (Fla. 1st DCA 2013), the First District held that an initial foreclosure action that sought acceleration and was dismissed with prejudice did not bar the mortgagee from “instituting a new foreclosure action based on a different act or a new date of default not alleged in the dismissed action.”

Federal district courts in the state have also applied Singleton to dismiss claims seeking cancellation of a mortgage and note that are premised on the expiration of the statute of limitations after an initial foreclosure action that sought acceleration was dismissed. In Dorta v. Wilmington Trust National Ass’n, No. 5:13-cv-185-Oc-10PRL, 2014 WL 1152917 (M.D. Fla. Mar. 24, 2014), the mortgagor brought an action seeking cancellation of the mortgage based on the expiration of the statute of limitations where the mortgagee previously accelerated payments and brought a foreclosure action that was ultimately dismissed without prejudice more than five years prior. Id. at *1-2. In dismissing the mortgagor’s complaint, the federal district court held that even when the initial foreclosure action is dismissed without prejudice, “where a mortgagee initiates a foreclosure action and invokes its right of acceleration, if the mortgagee’s foreclosure action is unsuccessful for whatever reason, the mortgagee still has the right to file later foreclosure actions . . . so long as they are based on separate defaults.” Id. at *6.

Similarly, in Torres v. Countrywide Home Loans, Inc., No. 14-20759-CIV, 2014 WL 3742141, at *1 (S.D. Fla. July 29, 2014), the federal district court dismissed a complaint that sought a declaration that the statute of limitations barred foreclosing on a mortgage after a prior foreclosure action where the mortgagee had sought acceleration of the note that had been dismissed. Relying on Singleton, the court noted that “each payment default that is less than five years old creates a basis for a subsequent foreclosure or acceleration action.” Id. at *4; see also Romero v. SunTrust Mortg., Inc., 15 F. Supp. 3d 1279 (S.D. Fla. 2014) (holding that the installment nature of the note remained in effect after dismissal of a foreclosure action where the mortgagee had sought acceleration); Kaan v. Wells Fargo Bank, N.A., 981 F. Supp. 2d 1271 (S.D. Fla. 2013) (same).

We agree with the reasoning of both our appellate courts and the federal district courts that our analysis in Singleton equally applies to the statute of limitations context present in this case. As the Fifth District concluded, “[i]f a `new and independent right to accelerate’ exists in a res judicata analysis, there is no reason it would not also exist vis-à-vis a statute of limitations issue.” Bartram, 140 So. 3d at 1013. This conclusion follows from our prior reasoning that a “subsequent and separate alleged default created a new and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action.” Singleton, 882 So. 2d at 1008. Therefore, with each subsequent default, the statute of limitations runs from the date of each new default providing the mortgagee the right, but not the obligation, to accelerate all sums then due under the note and mortgage.

Consistent with the reasoning of Singleton, the statute of limitations on the balance under the note and mortgage would not continue to run after an involuntary dismissal, and thus the mortgagee would not be barred by the statute of limitations from filing a successive foreclosure action premised on a “separate and distinct” default. Rather, after the dismissal, the parties are simply placed back in the same contractual relationship as before, where the residential mortgage remained an installment loan, and the acceleration of the residential mortgage declared in the unsuccessful foreclosure action is revoked.

III. Significance of an Involuntary Dismissal and Reinstatement Provision

Having reaffirmed our prior holding in Singleton and the application of its reasoning to a statute of limitations context, we finally consider whether the type of dismissal of a foreclosure action has any bearing on our analysis and the effect of the Mortgage’s reinstatement provision. In this case, the first foreclosure action was dismissed pursuant to Florida Rule of Civil Procedure 1.420, which provides for involuntary dismissals, and is the rule upon which the rephrased certified question is premised. Involuntary dismissal of a legal action by a court under Rule 1.420(b) terminates a court’s jurisdiction over that action and may be with or without prejudice. A dismissal under Rule 1.420(b) operates as an adjudication on the merits as long as the dismissal was not for “lack of jurisdiction or for improper venue or for lack of an indispensable party,” neither of which were a basis for the trial court’s dismissal of the Bank’s foreclosure action in this case.

The Fifth District determined that the involuntary dismissal was with prejudice but concluded that “the distinction is not material for purposes” of the statute of limitations analysis. See Bartram, 140 So. 3d at 1013 n.1. We agree. While a dismissal without prejudice would allow a mortgagee to bring another foreclosure action premised on the same default as long as the action was brought within five years of the default per section 95.11(2)(c), critical to our analysis is whether the foreclosure action was premised on a default occurring subsequent to the dismissal of the first foreclosure action. As the federal district court in Dorta reasoned, “if the mortgagee’s foreclosure action is unsuccessful for whatever reason, the mortgagee still has the right to file subsequent foreclosure actions—and to seek acceleration of the entire debt—so long as they are based on separate defaults.” 2014 WL 1152917 at *6 (emphasis added). Accord Espinoza v. Countrywide Home Loans Servicing, L.P., No. 14-20756-CIV, 2014 WL 3845795, at *4 (S.D. Fla. Aug. 5, 2014) (finding the issue of whether the initial foreclosure action was dismissed with or without prejudice a distinction that was “irrelevant” to its analysis of whether acceleration of a mortgage note barred a subsequent foreclosure action brought outside the statute of limitations period).

Whether the dismissal of the initial foreclosure action by the court was with or without prejudice may be relevant to the mortgagee’s ability to collect on past defaults. However, it is entirely consistent with, and follows from, our reasoning in Singleton that each subsequent default accruing after the dismissal of an earlier foreclosure action creates a new cause of action, regardless of whether that dismissal was entered with or without prejudice.

Our conclusion is buttressed by the reinstatement provision of the Residential Mortgage that by its express terms granted the mortgagor, even after acceleration, the continuing right to reinstate the Mortgage and note by paying only the amounts past due as if no acceleration had occurred. Specifically, the reinstatement provision in paragraph 19 of Bartram’s form residential mortgage gave Bartram “the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of . . . (c) entry of a judgment enforcing this Security Instrument,” as long as Bartram “(a) pa[id] the Lender all sums which then would be due under this Security Instrument and Note as if no acceleration had occurred.”

Under the reinstatement provision of paragraph 19, then, even after the optional acceleration provision was exercised through the filing of a foreclosure action—as it was in this case—the mortgagor was not obligated to pay the accelerated sums due under the note until final judgment was entered and needed only to bring the loan current and meet other conditions—such as paying expenses related to the enforcement of the security interest and meeting other requirements established by the mortgagee-lender to ensure the mortgagee-lender’s interest in the property would remain unchanged—to avoid foreclosure. “Stated another way, despite acceleration of the balance due and the filing of an action to foreclosure, the installment nature of a loan secured by such a mortgage continues until a final judgment of foreclosure is entered and no action is necessary to reinstate it via a notice of `deceleration’ or otherwise.” Beauvais, 188 So. 3d at 947. Or, as the Real Property Law Section of the Florida Bar has explained, “[t]he lender’s right to accelerate is subject to the borrower’s continuing right to cure.” Brief for The Real Property Probate & Trust Law Section of the Florida Bar at 8, Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016), 2015 WL 6406768, at *8. In the absence of a final judgment in favor of the mortgagee, the mortgagor still had the right under paragraph 19 of the Mortgage, the reinstatement provision, to cure the default and to continue making monthly installment payments.

Accepting Bartram’s argument that the installment nature of his contract terminated once the mortgagee attempted to exercise the mortgage contract’s optional acceleration clause—ignoring the existence of the mortgage’s reinstatement provision—would permit the mortgagee only one opportunity to enforce the mortgage despite the occurrence of any future defaults. As we cautioned in Singleton, “justice would not be served if the mortgagee was barred from challenging the subsequent default payment solely because he failed to prove the earlier alleged default.” 882 So. 2d at 1008. Following to its logical conclusion Bartram’s argument that acceleration of the loan was effective before final judgment in favor of the mortgagee-lender in a foreclosure action would mean that the mortgagor-borrower would owe the accelerated amount after the dismissal, effectively rendering the reinstatement provision a nullity, and—in most cases—leading to an unavoidable default.

IV. This Case

Here, the Bank’s first foreclosure action was involuntarily dismissed, and therefore there was no judicial determination that a default actually occurred. Thus, even if the note had been accelerated through the Bank’s foreclosure complaint, the dismissal of the foreclosure action had the effect of revoking the acceleration. By the express terms of the reinstatement provision, if, in the month after the dismissal of the foreclosure action, Bartram began to make monthly payments on the note, the Bank could not have subsequently accelerated the entire note until there were future defaults. Once there were future defaults, however, the Bank had the right to file a subsequent foreclosure action—and to seek acceleration of all sums due under the note—so long as the foreclosure action was based on a subsequent default, and the statute of limitations had not run on that particular default.

There have been many claims of unfair and predatory practices by banks and mortgage holders in the aftermath of the financial crisis that shook the country, and in particular, Florida. See, e.g., Pino v. Bank of N.Y., 121 So. 3d 23, 27 (Fla. 2013)(discussing allegations of fraudulent backdating of mortgage assignments); see also In re Amends. to Fla. Rules of Civ. Pro.—Form 1.996, 51 So. 3d 1140 (Fla. 2010)(noting the necessity for verification of ownership of the note or right to enforce the note in a foreclosure action because of “recent reports of alleged document fraud and forgery in mortgage foreclosure cases”). Some of these claims have included allegations that mortgage holders have precipitously sought foreclosure even though the mortgagor missed only one or two payments and attempted to cure their defaults. In this case, quite the opposite is true. Bartram raised no defense as to the terms of the Mortgage and note itself. His sole claim is that the Bank lost the right to seek foreclosure of the Mortgage based on distinct defaults that occurred subsequent to the dismissal of the initial foreclosure complaint.

After Bartram defaulted on the Mortgage, the Bank, in accordance with the terms of the mortgage contract, notified Bartram that failure to cure his past defaults would result in acceleration of the sums due under the mortgage and judicial foreclosure. When Bartram failed to cure the past defaults, the Bank filed its foreclosure complaint and exercised the optional acceleration clause. Yet, the reinstatement provision of the Mortgage afforded Bartram the opportunity to continue the installment nature of the loan by curing the past defaults. Until final judgment was entered in favor of the Bank, Bartram was not obligated to pay the accelerated loan amount. Dismissal of the foreclosure action therefore returned the parties to their pre-foreclosure complaint status. In considering the law, the facts, and equity, Bartram’s position simply has no validity.

CONCLUSION

The Fifth District properly extended our reasoning in Singleton to the statute of limitations context in a mortgage foreclosure action. Here, the Bank’s initial foreclosure action was involuntarily dismissed. Therefore, as we previously explained in Singleton, the dismissal returned the parties back to “the same contractual relationship with the same continuing obligations.” 882 So. 2d at 1007. Bartram and the Bank’s prior contractual relationship gave Bartram the opportunity to continue making his mortgage payments, and gave the Bank the right to exercise its remedy of acceleration through a foreclosure action if Bartram subsequently defaulted on a payment separate from the default upon which the Bank predicated its first foreclosure action. Therefore, the Bank’s attempted prior acceleration in a foreclosure action that was involuntarily dismissed did not trigger the statute of limitations to bar future foreclosure actions based on separate defaults.

Accordingly, we approve the Fifth District’s decision in Bartram and answer the rephrased certified question in the negative.

It is so ordered.

LABARGA, C.J., and QUINCE, CANADY, and PERRY, JJ., concur.

POLSTON, J., concurs in result.

LEWIS, J., concurs in result only with an opinion.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.

LEWIS, J. concurring in result only.

I am troubled by the expansion of Singleton v. Greymar Associates, 882 So. 2d 1004 (Fla. 2004), to potentially any case involving successive foreclosure actions. Other courts in this State have already broadly applied Singleton—a decision involving res judicata and dismissal with prejudice—to cases that were either dismissed for lack of prosecution or voluntarily dismissed by the note-holder, as well as to cases that concern the statute of limitations, without careful consideration of the procedural distinctions of each case. E.g., In re Anthony, 550 B.R. 577 (M.D. Fla. 2016); Dorta v. Wilmington Tr. Nat’l Ass’n, 2014 WL 1152917 (M.D. Fla. 2014); Romero v. Suntrust Mortg., Inc., 15 F. Supp. 3d 1279 (S.D. Fla. 2014); Kaan v. Wells Fargo Bank, N.A., 981 F. Supp. 2d 1271 (S.D. Fla. 2013); Evergrene Partners, Inc. v. Citibank, N.A., 143 So. 3d 954 (Fla. 4th DCA 2014); see also In re Rogers Townsend & Thomas, PC, 773 S.E.2d 101, 105-06 (N.C. Ct. App. 2015) (relying on Singleton in a case involving previous voluntary dismissals and the statute of limitations). Today’s decision will only continue that expansion, which I fear will come at the cost of established Florida law and Floridians who may struggle with both the costs of owning a home and uncertain behavior by lenders. I therefore respectfully concur in result only.

At its narrowest, Singleton simply held that “when a second and separate action for foreclosure is sought for a default that involves a separate period of default from the one alleged in the first action, the case is not necessarily barred by res judicata.” 882 So. 2d at 1006-07 (emphasis supplied). However, as has been noted elsewhere, Singleton left several matters unanswered:

[T]he Supreme Court omitted explanation of 1) what constitutes a valid new default after the initial round of default, acceleration, foreclosure filing, and dismissal; 2) how the fact-finder below determines that a valid new default has occurred; and 3) what conditions constitute valid new default, including whether the lender must reinstate the original note and mortgage terms in the interim or serve a second notice of intent to accelerate. Moreover, the court in no way addressed the effect of the involuntary dismissal on the statute of limitations.

Andrew J. Bernhard, Deceleration: Restarting the Expired Statute of Limitations in Mortgage Foreclosures, Fla. B.J., Sept.-Oct. 2014, at 30, 32. Given the procedural posture of this matter and the relatively sparse record before this Court, the decision today fails to address evidentiary concerns regarding how to determine the manner in which a mortgage may be reinstated following the dismissal of a foreclosure action, as well as whether a valid “subsequent and separate” default occurred to give rise to a new cause of action. See Singleton, 882 So. 2d at 1008. Instead of addressing these concerns, the Court flatly holds that the dismissal itself—for any reason—”decelerates” the mortgage and restores the parties to their positions prior to the acceleration without authority for support. Majority op. at 3.

In this case, there is no evidence contained in the record before this Court to show whether the parties tacitly agreed to a “de facto reinstatement” following the dismissal of the previous foreclosure action.[7] Further, despite the assumption of the majority of the Court to the contrary, the mortgage itself did not create a right to reinstatement following acceleration and the dismissal of a foreclosure action. The contractual right to reinstatement under the terms of this mortgage existed only under specific conditions,[8] which do not appear to have been satisfied in the record before this Court. Parties, particularly those as sophisticated as the banks and other lenders that routinely engage in such litigation, should be required to present evidence that the mortgage was actually decelerated and reinstated, rather than require our courts to fill in the blank and assume that deceleration automatically occurred upon dismissal of a previous foreclosure action.

Instead, I find myself more closely aligned with the dissenting opinion of Judge Scales in Beauvais, 188 So. 3d at 954 (Scales, J., dissenting). A majority of the en banc Third District Court of Appeal reached the same conclusion as the majority of this Court does today regarding very similar facts. By contrast, Judge Scales, joined by three of his colleagues, raised several concerns that arise from the conclusion that a mortgage is automatically decelerated and reinstated following the dismissal of a foreclosure action for any reason.

First, Judge Scales pointed out that the mortgage in Beauvais, like the mortgage in this case, created the borrower’s right to reinstatement only under specific conditions, which did not include dismissal of a prior foreclosure action. Id. at 956-57 (“Neither the note nor the mortgage contain any provision reinstating the installment nature of the note if, after acceleration, a lender foreclosure action is dismissed.”). Further reviewing the clear terms of the mortgage, Judge Scales explained that the mortgage ceased to be an installment contract upon the exercise of the lender’s right to acceleration. Id. at 961-62. Thus, the conclusion that a court’s dismissal of a foreclosure action itself can end acceleration and reinstate the mortgage ignores basic principles of Florida contract law:

The majority opinion rewrites the parties’ note and mortgage to create a reinstatement provision—i.e., reinstating the installment nature of the note, as if acceleration never occurred, upon any dismissal of any lawsuit—that the parties did not include when drafting their documents. Singleton does not say this; the parties’ contract documents certainly do not say this; and Florida law is repugnant to the majority’s insertion of a provision into the parties’ private contract that the parties themselves most assuredly omitted. [FN. 23]

[FN. 23]: Brooks v. Green, 993 So. 2d 58, 61 (Fla. 1st DCA 2008)(holding that a court is without authority to rewrite a clear and unambiguous contract between parties).

Id. at 963.

Moreover, Judge Scales cogently explained that the overbroad construction of Singleton will undermine its limited holding. Singleton indicated that “an adjudication denying acceleration and foreclosure” should not bar a successive foreclosure predicated upon a “subsequent and separate alleged default.” 882 So. 2d at 1007, 1008. Yet, under the majority decisions of the Third District and this Court, any dismissal of a foreclosure action can support a successive foreclosure action. See Beauvais, 188 So. 3d at 963-64 (Scales, J., dissenting). The form dismissal in Beauvais should not constitute an “adjudication denying acceleration and foreclosure,” which could, at least according to Singleton, restore the parties to their respective pre-acceleration positions. Id. at 964 (quoting Singleton, 882 So. 2d at 1007). In light of the even more vague dismissal at issue in this case, I agree with Judge Scales’ warning that “[w]e should be reluctant to hold that a trial court’s form dismissal order visits upon the borrower and lender a host of critical, yet unarticulated, adjudications that fundamentally change the parties’ contractual relationship and are entirely unsupported by the existing law or by the record below.” Id. at 965.

Finally, the expansion of Singleton’s holding that res judicata “does not necessarily” bar the filing of successive foreclosure actions to the statute of limitations ignores critical distinctions between these two doctrines, at a serious cost to the statute of limitations and the separation of powers. As long recognized in this State, res judicata is a doctrine of equity not to “be invoked where it would defeat the ends of justice.” Id. at 967 n.31 (citing State v. McBride, 848 So. 2d 287, 291 (Fla. 2003); Aeacus Real Estate Ltd. P’ship. v. 5th Ave. Real Estate Dev., Inc., 948 So. 2d 834 (Fla. 4th DCA 2007)); see also Singleton, 882 So. 2d at 1008 (citing deCancino v. E. Airlines, Inc., 283 So. 2d 97, 98 (Fla. 1973)). However, “equity follows the law”; therefore, equitable principles are subordinate to statutes enacted by the Legislature, including the statute of limitations. May v. Holley, 59 So. 2d 636 (Fla. 1952); Beauvais, 188 So. 3d at 967-68 (Scales, J., dissenting) (citing Dobbs v. Sea Isle Hotel, 56 So. 2d 341, 342 (Fla. 1952); Cragin v. Ocean & Lake Realty Co., 133 So. 569, 573-74 (Fla. 1931)). This untenable extension of an equitable, judicial doctrine into an area of law expressly governed by legislative action veers perilously close to violating the separation of powers. Nonetheless, the majority opinion of this Court fails to recognize these concerns and justifies the imposition of Singleton’s equitable focus onto the statute of limitations by simply reviewing the decisions of federal and Florida courts that have reached this same conclusion without acknowledging the critical distinctions between res judicata and the statute of limitations.

I recognize the concern raised by this Court and others regarding the need to avoid encouraging delinquent borrowers from abusing the lending process by remaining in default after an initial foreclosure action is dismissed. See Singleton, 882 So. 2d at 1008; see also Fairbank’s Capital Corp. v. Milligan, 234 Fed. Appx. 21, 24 (3d Cir. 2007) (relying on Singleton and seeking to avoid “encourag[ing] a delinquent mortgagor to come to a settlement with a mortgagee on a default in order to later insulate the mortgagor from the consequences of a subsequent default”). Nonetheless, these legitimate policy concerns should not outweigh the established law of this State. In light of the narrow holding of Singleton, I fear that its expansion today to a case involving a previous dismissal (presumably) without prejudice and no clear reinstatement of the mortgage terms in either the note or the facts of this limited record will lead to inequitable results. Just as the courts should not encourage mortgage delinquency, so too should they avoid encouraging lenders from abusing Florida law and Floridians by “retroactively reinstating” mortgages after many of those lenders initially slept on their own rights to seek foreclosures. See Bernhard, supra, at 27. Therefore, I concur in result only.

[1] In addition to the briefs of the parties, we have also reviewed briefs submitted on behalf of the parties by the following amici curiae: the U.S. Financial Network, the Mortgage Bankers Association and the American Legal and Financial Network on behalf of Respondent and Bradford and Cheri Langworthy and the Titcktin Law Group, P.A., Baywinds Community Association, Upside Property Investment, LLC, the Florida Alliance for Consumer Protection, the Community Associations Institute, and the National Association of Consumer Advocates on behalf of Bartram.

[2] Our holding is consistent with the views of the excellent amici briefs submitted by the Real Property Probate & Law Section of The Florida Bar, The Business Law Section of The Florida Bar, and the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation at the request of the Third District in Deutsche Bank Trust Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016). These amici briefs addressed the same issue presented by the rephrased certified question and limited their discussion to the terms of the standard form mortgage that is the subject of this case.

[3] Gideon Gratsiani was substituted as a party by order of this Court after Gratsiani purchased Patricia Bartram’s mortgage.

[4] Paragraph 18 concerned the transfer of the mortgaged property in a real estate sale without the Lender’s “prior written consent,” and required “immediate payment in full of of all sums secured by this Security Instrument” if breached.

[5] The Record does not indicate what action occurred, if any, in the first foreclosure action from the date the complaint was filed in 2006 until it was dismissed in 2011.

[6] On May 24, 2012, Bartram filed a motion for default against the Bank for failure to respond to his crossclaim, but the trial court never ruled on this motion.

[7] Moreover, the precise nature of the dismissal in this case is even more uncertain than the mortgage in Beauvais, which was dismissed without prejudice. See Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938, 964 (Fla. 3d DCA 2016) (Scales, J., dissenting). The trial court below dismissed the first foreclosure action after indicating that it had informed the parties that “[f]ailure of the parties . . . to appear in person [at the case management conference] may result in the case being dismissed without prejudice.” Order of Dismissal, U.S. Bank Nat’l Ass’n v. Bartram, No. CA06-428 (Fla. 7th Cir. Ct. May 5, 2011) (emphasis added). However, the trial court’s order did not explicitly state whether this dismissal was with or without prejudice. Id. (“The Complaint to Foreclose Mortgage . . . is hereby dismissed.”). Further complicating the matter, the Fifth District below stated that this dismissal was with prejudice, but summarily determined “that the distinction is not material for purposes of the issue at hand.” U.S. Bank Nat’l Ass’n v. Bartram, 140 So. 3d 1007, 1013 n.1 (Fla. 5th DCA 2014).

[8] The mortgage note provides the following right to reinstatement:

Borrower’s Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender’s interest in the Property and rights under this Security Instrument, and Borrower’s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.

See majority op. at 6-7.

 

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IN RE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION by JAMES A. TEILBORG, Senior District Judge | The judicial lower court damn protecting MERS for a decade is starting to crumble in the Ninth Circuit

IN RE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION by JAMES A. TEILBORG, Senior District Judge | The judicial lower court damn protecting MERS for a decade is starting to crumble in the Ninth Circuit

H/T Gary Dubin & Leagle

IN RE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION Case No. MD 09-02119-PHX-JAT, No. CV 10-01547-PHX-JAT.

IN RE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS) LITIGATION THIS DOCUMENT RELATES TO: Stejic v. Aurora Loan Services, LLC, et al. CV 10-01547-PHX-JAT.
United States District Court, D. Arizona.
May 28, 2015.

Doug Moreau, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Eric Mesi, Plaintiff, represented by Robert R Hager, Hager & Hearne.
Fred Mesi, Plaintiff, represented by Robert R Hager, Hager & Hearne.
Richard F Lee, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
Aunetta M Roach, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
Sabrina M Caffee, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC, Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Jonathon E Sieben, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC4>, Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Tammy Vo, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
Stuart M Ellifritz, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
David R McConathy, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
William C Barlow, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
Christina Sage, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Clyde Kelley, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Ronald E Freeto, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC, Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Robert L Fitzgerald, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Merrily Whalen, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Michael Greene, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Michael Greene, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Andrea G Saniel, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Connie Kwok, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Amira Berilo, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Edward T Fitzwater, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Michael H Evans, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Alan Kartman, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Russell D Bricker, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Philip Golding, Plaintiff, represented by Jacob L Hafter, Law Offices of Jacob Hafter & Associates.
Mark Mausert, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Veronika Lucie Zdenkova, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Kylee Riehm, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Rowan Riehm, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Cynthia F Roberts, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC & Robert R Hager, Hager & Hearne.
Bryan Mikulaco, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Melva D Tyler, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Steven M Tyler, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Rafael Gutierrez, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Jason A Gothan, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Rosalynn R Gothan, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Tonya M Foster, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Christopher J Sieben, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Robert J Funk, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Duane J Sanchez, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Robert C Kelley, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Sally Kelley, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Kurt B Ludlow, Plaintiff, represented by Jeffrey D Conway, Rosenfeld Roberson & Rinato.
Charlie G Habon, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Martha Lopez, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Jonathan Pierce, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Jose Portillo, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
David Stinnett, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Tina Stinnett, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Robert C Sedlmayr, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Jose Camacho-Villa, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Michelle Camacho-Villa, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Merly CS Riger, Plaintiff, represented by Robert R Hager, Hager & Hearne, Treva J Hearne, Hager & Hearne & William Albert Nebeker, Koeller Nebeker Carlson & Haluck LLP.
David J Freeman, Plaintiff, represented by Glenn Walters, Sr., Glenn Walters Attorney at Law PA.
Henry B Youmans, Jr., Plaintiff, represented by Glenn Walters, Sr., Glenn Walters Attorney at Law PA.
Eric A Gothan, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Terreia L Gothan, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Herous Yeghiyaian, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Nelson Sandefur, Jr., Plaintiff, represented by Robert R Hager, Hager & Hearne.
Nelson Sandefur, Jr., Plaintiff, represented by Treva J Hearne, Hager & Hearne.
Denise Spracklin, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
J E Scott Spracklin, Plaintiff, represented by Robert R Hager, Hager & Hearne & Treva J Hearne, Hager & Hearne.
Steven Meyer, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Michael D Van Blaircom, Plaintiff, represented by Robert R Hager, Hager & Hearne.
Milan Stejic, Plaintiff, represented by Beth Findsen, Law Office of Beth K Findsen PLLC.
Laurie S Bilyea, Plaintiff, represented by William Albert Nebeker, Koeller Nebeker Carlson & Haluck LLP & Donald O Loeb, Donald O Loeb PLC.
Thomas W Bilyea, Plaintiff, represented by William Albert Nebeker, Koeller Nebeker Carlson & Haluck LLP & Donald O Loeb, Donald O Loeb PLC.
Raymond G Harnist, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Maria Vega, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Abdolhamid Ahmadi, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Dustin Rollins, Plaintiff, represented by John R Ates, Ates Law Firm PC & David C Ates, David Ates PC.
Juanita Faye Pualani Lee, Plaintiff, represented by Frederick J Arensmeyer, Dubin Law Offices & Gary Victor Dubin, Dubin Law Offices.
Lady Jennifer Barone, Plaintiff, represented by Valerie Robinson Edwards, Koeller Nebeker Carlson & Haluck LLP & William Albert Nebeker, Koeller Nebeker Carlson & Haluck LLP.
Alan E Grundel, Plaintiff, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
Gwendell L Philpot, Plaintiff, represented by Joe Ramon Whatley, Jr, Whatley Drake & Kallas LLC & Nicholas B Roth, Eyster Key Tubb Roth Middleton & Adams LLP.
Annette Green Philpot, Plaintiff, represented by Joe Ramon Whatley, Jr, Whatley Drake & Kallas LLC & Nicholas B Roth, Eyster Key Tubb Roth Middleton & Adams LLP.
Phil Rutherford, Plaintiff, represented by Tory M Pankopf.
Pamela Penny-Rutherford, Plaintiff, represented by Tory M Pankopf.
GE Money Bank, Defendant, represented by Andrew R Louis, Buckley Sandler LLP, Cynthia Alexander, Snell & Wilmer LLP, Keith Beauchamp, Coppersmith Brockelman PLC, Matthew P Previn, Buckley Sandler LLP, Richard J Sahatjian, Buckley Sandler LLP & Roopali H Desai, Coppersmith Brockelman PLC.
WMC Mortgage Corporation, Defendant, represented by Maureen Beyers, Osborn Maledon PA & William J Maledon, Osborn Maledon PA.
Wells Fargo Bank NA, Defendant, represented by Barbara J Dawson, Snell & Wilmer LLP, AZ, Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ, John Michael DeStefano, III, Snell & Wilmer LLP, AZ, Joseph F Yenouskas, Goodwin Procter LLP, Patrick Gerard Byrne, Snell & Wilmer LLP, Robert J Gibson, Snell & Wilmer LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
America’s Servicing Company, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Gregory James Marshall, Snell & Wilmer LLP, AZ, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
MERSCORP Incorporated, Defendant, represented by Robert W Shely, Bryan Cave LLP, Shayna Fernandez Watts, Bryan Cave LLP, Colt B Dodrill, Wolfe & Wyman LLP, Cynthia Alexander, Snell & Wilmer LLP, Elliot S Blut, Ecoff Blut & Salomons, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ, J Matthew Goodin, Locke Lord Bissell & Lidell LLP, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, James R Condo, Snell & Wilmer LLP, AZ, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Laurel Inman Handley, Aldridge Pite LLP, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Natalia Burnett, Morgan Lewis & Bockius LLP, P Russell Perdew, Locke Lord Bissell & Lidell LLP, Patrick Gerard Byrne, Snell & Wilmer LLP & Robert M Brochin, Morgan Lewis & Bockius LLP.

Mortgage Electronic Registration Systems Incorporated, Defendant, represented by Robert W Shely, Bryan Cave LLP, Shayna Fernandez Watts, Bryan Cave LLP, Brian M Forbes, K&L Gates LLP, Colt B Dodrill, Wolfe & Wyman LLP, Cynthia Alexander, Snell & Wilmer LLP, Douglas Anthony Toleno, Aldridge Pite LLP, Elliot S Blut, Ecoff Blut & Salomons, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Gregg A Hubley, Aldridge Pite LLP, Gregory N Blase, K&L Gates LLP, Gregory James Marshall, Snell & Wilmer LLP, AZ, J Matthew Goodin, Locke Lord Bissell & Lidell LLP, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, James R Condo, Snell & Wilmer LLP, AZ, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Jessica Renee Kenney, McCarthy Holthus Levine, Joseph T Prete, Smith Larsen & Wixom, Kent F Larsen, Smith Larsen & Wixom, Lane C Hornfeck, Sarn OToole Marcus & Fisher, Laurel Inman Handley, Aldridge Pite LLP, Leonard J McDonald, Jr., Tiffany & Bosco PA, Matthew Allen Silverman, McCarthy Holthus Levine, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Natalia Burnett, Morgan Lewis & Bockius LLP, P Russell Perdew, Locke Lord Bissell & Lidell LLP, Patrick Gerard Byrne, Snell & Wilmer LLP, Paul M Levine, McCarthy Holthus Levine, Peter E Dunkley, Wolfe & Wyman LLP, Robert Bruce Allensworth, K&L Gates LLP, Robert M Brochin, Morgan Lewis & Bockius LLP, Robert Wayne Norman, Jr., Houser & Allison APC, AZ, Stefan Mark Palys, Stinson Leonard Street LLP, AZ, Stephanie EW Thompson, Starn OToole Marcus & Fisher & William Morris Fischbach, III, Tiffany & Bosco PA.
Countrywide Home Loans Incorporated, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, Gregory Bryan Iannelli, Bryan Cave LLP, AZ, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP, Robert W Shely, Bryan Cave LLP, Stefan Mark Palys, Stinson Leonard Street LLP, AZ, Thomas M Hefferon, Goodwin Procter LLP, U Gwyn Williams, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
Federal Home Loan Mortgage Corporation, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory W Falls, Sherman & Howard LLC, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ, Howard S Lindenberg, Federal Home Loan Mortgage Corporation, Jill L Nicholson, Foley & Lardner LLP, Mark S Landman, Landman Corsi Ballaine & Ford PC, Patrick Gerard Byrne, Snell & Wilmer LLP & Robert J Gibson, Snell & Wilmer LLP.
Federal National Mortgage Association, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ, Howard S Lindenberg, Federal Home Loan Mortgage Corporation, James R Condo, Snell & Wilmer LLP, AZ, Jill L Nicholson, Foley & Lardner LLP, Joanne Lee, Foley & Lardner LLP, Jonathan W Garlough, Foley & Lardner LLP, Mark S Landman, Landman Corsi Ballaine & Ford PC, Patrick Gerard Byrne, Snell & Wilmer LLP & William J McKenna, Foley & Lardner LLP.
GMAC Mortgage Group LLC, Defendant, represented by Felicia Y Yu, Reed Smith LLP, Henry F Reichner, Reed Smith LLP, Ira Steven Lefton, Reed Smith LLP & Laurel Inman Handley, Aldridge Pite LLP.
National City Mortgage, Defendant, represented by Abran E Vigil, Ballard Spahr LLP, Brian Schulman, Ballard Spahr LLP, AZ & David H Pittinsky, Ballard Spahr LLP.
JPMorgan Chase Bank NA, Defendant, represented by Brian M Forbes, K&L Gates LLP, Daniel D Maynard, Maynard Cronin Erickson Curran & Reiter PLC, Danielle J Szukala, Burke Warren MacKay & Serritella PC, David R Hall, Parsons Behle & Latimer LLC, Douglas Cameron Erickson, Maynard Cronin Erickson Curran & Reiter PLC, Gregory N Blase, K&L Gates LLP, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Joseph T Prete, Smith Larsen & Wixom, Kent F Larsen, Smith Larsen & Wixom, LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC & Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered.
CitiMortgage Incorporated, Defendant, represented by James A Ryan, Quarles & Brady LLP, AZ, Lauren Elliott Stine, Quarles & Brady LLP, AZ, Lucia Nale, Mayer Brown LLP & Thomas V Panoff, Mayer Brown LLP.
HSBC Mortgage Corporation USA, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ, Joseph E Anthony, Snell & Wilmer LLP, Patrick Gerard Byrne, Snell & Wilmer LLP & Robert J Gibson, Snell & Wilmer LLP.
AIG United Guaranty Corporation, Defendant, represented by Patrick Michael Klein, II, Fennemore Craig & Todd Stephen Kartchner, Fennemore Craig PC, AZ.
Bank of America NA, Defendant, represented by Robert W Shely, Bryan Cave LLP, Ariel E Stern, Akerman Senterfitt LLP, Emily Snow Cates, Lewis Roca Rothgerber LLP Office, Gregory Bryan Iannelli, Bryan Cave LLP, AZ, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Jacob D Bundick, Akerman Senterfitt LLP, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
America’s Wholesale Lender, Defendant, represented by Gregory Bryan Iannelli, Bryan Cave LLP, AZ, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
Executive Trustee Services LLC, Defendant, represented by Colt B Dodrill, Wolfe & Wyman LLP, Gregg A Hubley, Aldridge Pite LLP, Gregory Bryan Iannelli, Bryan Cave LLP, AZ, Henry F Reichner, Reed Smith LLP, Ira Steven Lefton, Reed Smith LLP & Laurel Inman Handley, Aldridge Pite LLP.
National City Corporation, Defendant, represented by Brian Schulman, Ballard Spahr LLP, AZ & David H Pittinsky, Ballard Spahr LLP.
PNC Financial Services Incorporated, Defendant, represented by David H Pittinsky, Ballard Spahr LLP.
MortgageIT Incorporated, Defendant, represented by Karen A Braje, Kristine Huajean Chen, Lorenzo Gasparetti, Reed Smith LLP, Brian Jay Schulman, Greenberg Traurig LLP & Laura Elizabeth Sixkiller, Greenberg Traurig LLP.
Deutsche Bank, Defendant, represented by Karen A Braje, Kristine Huajean Chen & Lorenzo Gasparetti, Reed Smith LLP.
Aurora Loan Services LLC, Defendant, represented by Jason Levi Sanders, Locke Lord Bissell & Liddell LLP, Ariel E Stern, Akerman Senterfitt LLP, Colt B Dodrill, Wolfe & Wyman LLP, J Matthew Goodin, Locke Lord Bissell & Lidell LLP, Jessica Renee Kenney, McCarthy Holthus Levine, Jordan Michael Smith, Akerman Senterfitt LLP, Justin Donald Balser, Akerman LLP, Kristin A Schuler-Hintz, McCarthy & Holthus, Matthew Allen Silverman, McCarthy Holthus Levine, P Russell Perdew, Locke Lord Bissell & Lidell LLP, Paul M Levine, McCarthy Holthus Levine, Robert Wayne Norman, Jr., Houser & Allison APC, AZ & Thomas J Cunningham, Locke Lord Bissell & Lidell LLP.
Litton Loan Servicing LP, Defendant, represented by Brian M Forbes, K&L Gates LLP, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Gregory N Blase, K&L Gates LLP, Gregory Michael Monaco, Mack Watson & Stratman PLC, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Robert Bruce Allensworth, K&L Gates LLP & Stephen M Dichter, Christian Dichter & Sluga PC.
ReconTrust Company, Defendant, represented by Ariel E Stern, Akerman Senterfitt LLP, Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP, Stefan Mark Palys, Stinson Leonard Street LLP, AZ, Thomas M Hefferon, Goodwin Procter LLP, U Gwyn Williams, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
CR Title Services Incorporated, Defendant, represented by Lauren Elliott Stine, Quarles & Brady LLP, AZ, Lucia Nale, Mayer Brown LLP & Thomas V Panoff, Mayer Brown LLP.
Housekey Financial Corporation, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gregory James Marshall, Snell & Wilmer LLP, AZ & Patrick Gerard Byrne, Snell & Wilmer LLP.
American Home Mortgage Servicing Incorporated, Defendant, represented by Andrew R Louis, Buckley Sandler LLP, Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Matthew P Previn, Buckley Sandler LLP & Patrick Gerard Byrne, Snell & Wilmer LLP.
Fidelity National Title Insurance Company, Defendant, represented by Neil A Ackerman, Neil Ackerman Esq LLC & Zachary T Ball, Fidelity National Law Group.
National Default Servicing Corporation, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Gregory James Marshall, Snell & Wilmer LLP, AZ, Gregory L Wilde, Tiffany & Bosco PA & Jonathan D Fink, Wright Finlay & Zak LLP.
Quality Loan Service Corporation, Defendant, represented by Kristin A Schuler-Hintz, McCarthy & Holthus.
Bank of New York Mellon, Defendant, represented by Gregory Bryan Iannelli, Bryan Cave LLP, AZ, Robert W Shely, Bryan Cave LLP, Thomas M Hefferon, Goodwin Procter LLP, Brian M Forbes, K&L Gates LLP, Danielle J Szukala, Burke Warren MacKay & Serritella PC, David R Hall, Parsons Behle & Latimer LLC, Gregory N Blase, K&L Gates LLP, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Joseph F Yenouskas, Goodwin Procter LLP & LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC.
MidFirst Bank, Defendant, represented by Kristin A Schuler-Hintz, McCarthy & Holthus.
Midland Mortgage Company, Defendant, represented by Abran E Vigil, Ballard Spahr LLP, Kristin A Schuler-Hintz, McCarthy & Holthus & Shane Jasmine Young, Ballard Spahr LLP.
National City Bank, Defendant, represented by David H Pittinsky, Ballard Spahr LLP.
Bank of New York Mellon, Defendant, represented by Gregory Bryan Iannelli, Bryan Cave LLP, AZ, Robert W Shely, Bryan Cave LLP, Danielle J Szukala, Burke Warren MacKay & Serritella PC, Joseph F Yenouskas, Goodwin Procter LLP, LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
Bank of New York, Defendant, represented by Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Joseph F Yenouskas, Goodwin Procter LLP, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
First Franklin Financial Corporation, Defendant, represented by Joseph F Yenouskas, Goodwin Procter LLP, Peter E Dunkley, Wolfe & Wyman LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
First Horizon Home Loan Corporation, Defendant, represented by Ariel E Stern, Akerman Senterfitt LLP, Jacob D Bundick, Akerman Senterfitt LLP, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
LaSalle Bank NA, Defendant, represented by J Christopher Jorgensen, Lewis & Roca LLP, Emily Snow Cates, Lewis & Roca LLP Office, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
Merrill Lynch & Company Incorporated, Defendant, represented by Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP & U Gwyn Williams, Goodwin Procter LLP.
Bank of America NA, Defendant, represented by Robert W Shely, Bryan Cave LLP, Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP, Stefan Mark Palys, Stinson Leonard Street LLP, AZ, Thomas M Hefferon, Goodwin Procter LLP, U Gwyn Williams, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
EMC Mortgage Corporation, Defendant, represented by Danielle J Szukala, Burke Warren MacKay & Serritella PC, David R Hall, Parsons Behle & Latimer LLC, Jay Earl Smith, Smith Larsen & Wixom, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Joseph T Prete, Smith Larsen & Wixom & LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC.
California Reconveyance Company, Defendant, represented by Danielle J Szukala, Burke Warren MacKay & Serritella PC, David R Hall, Parsons Behle & Latimer LLC, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Joseph T Prete, Smith Larsen & Wixom, Kent F Larsen, Smith Larsen & Wixom & LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC.
Signature Group Holdings Incorporated, Defendant, represented by Karl L Nielson, Jones Vargas.
GRP Financial Services Corporation, Defendant, represented by Laurel Inman Handley, Aldridge Pite LLP.
GRP Loan LLC, Defendant, represented by Laurel Inman Handley, Aldridge Pite LLP.
GSAA Home Equity Trust 2006-16, Defendant, represented by Ariel E Stern, Akerman Senterfitt LLP, Jacob D Bundick, Akerman Senterfitt LLP & Joseph F Yenouskas, Goodwin Procter LLP.
MERSCORP Incorporated, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Elliot S Blut, Ecoff Blut & Salomons, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Natalia Burnett, Morgan Lewis & Bockius LLP, Patrick Gerard Byrne, Snell & Wilmer LLP & Robert M Brochin, Morgan Lewis & Bockius LLP.
Danita F Fallen, Defendant, represented by Thomas P Beko, Erickson Thorpe & Swainston Limited.
Geneva Martrakus, Defendant, represented by Thomas P Beko, Erickson Thorpe & Swainston Limited.
Western Exchange Services Corporation, Defendant, represented by Thomas P Beko, Erickson Thorpe & Swainston Limited.
Western Title Company Incorporated, Defendant, represented by James M Walsh, Walsh Baker & Rosevear PC & Thomas P Beko, Erickson Thorpe & Swainston Limited.
Carrington Mortgage Services LLC, Defendant, represented by Jonathan D Fink, Wright Finlay & Zak LLP.
First Centennial Title, Defendant, represented by James M Walsh, Walsh Baker & Rosevear PC.
HSBC Bank USA NA, Defendant, represented by Brian M Forbes, K&L Gates LLP, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered & Rachel Erin Donn, Meier & Fine LLC.
BAC Home Loans Servicing LP, Defendant, represented by Ariel E Stern, Akerman Senterfitt LLP, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP & Thomas M Hefferon, Goodwin Procter LLP.
Greenhead Investments Incorporated, Defendant, represented by John Patrick Flynn, Dioguardi Flynn LLP, Peter Jon Moolenaar, Dioguardi Flynn LLP & Todd Alan Williams, Dioguardi Flynn LLP.
Greenpoint Mortgage Funding Incorporated, Defendant, represented by Greenpoint Mortgage Funding Incorporated.
Regional Service Corporation, Defendant, represented by Joe John Andrew Solseng, Robins Tait PS.
Sierra Pacific Mortgage Services Incorporated, Defendant, represented by John Patrick Flynn, Dioguardi Flynn LLP & Todd Alan Williams, Dioguardi Flynn LLP.
Ocwen Loan Servicing LLC, Defendant, represented by Ashley H Chalmers, OMelveny & Myers LLP, Brian P Brooks, OMelveny & Myers LLP Eye St., Elizabeth Lemond McKeen, OMelveny & Myers LLP & Randall W Edwards, OMelveny & Myers LLP.
Western Progressive Trustee LLC, Defendant, represented by Ashley H Chalmers, OMelveny & Myers LLP, Elizabeth Lemond McKeen, OMelveny & Myers LLP & Randall W Edwards, OMelveny & Myers LLP.
Aztec Foreclosure Corporation, Defendant, represented by Jonathan D Fink, Wright Finlay & Zak LLP.
Lehman Brothers Bank FSB, Defendant, represented by Colt B Dodrill, Wolfe & Wyman LLP, J Matthew Goodin, Locke Lord Bissell & Lidell LLP, Jessica Renee Kenney, McCarthy Holthus Levine, Matthew Allen Silverman, McCarthy Holthus Levine, P Russell Perdew, Locke Lord Bissell & Lidell LLP & Paul M Levine, McCarthy Holthus Levine.
Kumud Patel, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
Countrywide Financial Corporation, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
Countrywide Bank FSB, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
Lisa Klimenko, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Ann-Martha Andrews, Lewis & Roca LLP, Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP & Ann-Martha Andrews, Lewis & Roca LLP.
National City Bank, Defendant, represented by Brian Schulman, Ballard Spahr LLP, AZ & David H Pittinsky, Ballard Spahr LLP.
National City Corporation, Defendant, represented by David H Pittinsky, Ballard Spahr LLP.
National City Mortgage, Defendant, represented by Abran E Vigil, Ballard Spahr LLP, Brian Schulman, Ballard Spahr LLP, AZ & David H Pittinsky, Ballard Spahr LLP.
PNC Financial Services Group Incorporated, Defendant, represented by Brian Schulman, Ballard Spahr LLP, AZ & David H Pittinsky, Ballard Spahr LLP.
CEREF REO II LLC, Defendant, represented by L Joe Coppedge, Coppedge Emmel & Klegerman.
Specialized Loan Servicing LLC, Defendant, represented by Specialized Loan Servicing LLC.
Stewart Title of Northern Nevada, Defendant, represented by Christian L Moore, Lemons Grundy & Eisenberg & Douglas R Brown, Lemons Grundy & Eisenberg.
HSBC Bank USA, Defendant, represented by Marilyn Fine, Meier & Fine LLC, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered & Rachel Erin Donn, Meier & Fine LLC.
IndyMac Federal Bank FSB, Defendant, represented by Marilyn Fine, Meier & Fine LLC.
OneWest Bank, Defendant, represented by Kristin A Schuler-Hintz, McCarthy & Holthus & Marilyn Fine, Meier & Fine LLC.
JPMorgan Chase, Defendant, represented by Danielle J Szukala, Burke Warren MacKay & Serritella PC, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, LeAnn Pedersen Pope, Burke Warren MacKay & Serritella PC & Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered.
Chase Home Finance LLC, Defendant, represented by Robert W Shely, Bryan Cave LLP, Shayna Fernandez Watts, Bryan Cave LLP, Jay Earl Smith, Smith Larsen & Wixom, Jennifer Ann Reiter, Maynard Cronin Erickson Curran & Reiter PLC, Joseph T Prete, Smith Larsen & Wixom & Kent F Larsen, Smith Larsen & Wixom.
TD Service Company, Defendant, represented by Gregory L Wilde, Tiffany & Bosco PA.
Cooper Castle Law Firm LLP, Defendant, represented by Aaron Michael Waite, Weinstein Pinson & Riley PS.
U.S. Bank NA, Defendant, represented by Barbara J Dawson, Snell & Wilmer LLP, AZ, Joseph F Yenouskas, Goodwin Procter LLP, Thomas M Hefferon, Goodwin Procter LLP, Brian M Forbes, K&L Gates LLP, Cynthia Alexander, Snell & Wilmer LLP, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Gregory N Blase, K&L Gates LLP, Gregory James Marshall, Snell & Wilmer LLP, AZ, Laurel Inman Handley, Aldridge Pite LLP, Leonard J McDonald, Jr., Tiffany & Bosco PA, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered & William Morris Fischbach, III, Tiffany & Bosco PA.
Bank of America, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph T Prete, Smith Larsen & Wixom, Joseph F Yenouskas, Goodwin Procter LLP & Stefan Mark Palys, Stinson Leonard Street LLP, AZ.
Cal-Western Reconveyance Corporation, Defendant, represented by Gregg A Hubley, Aldridge Pite LLP, Jessica Renee Kenney, McCarthy Holthus Levine, Laurel Inman Handley, Aldridge Pite LLP, Matthew Allen Silverman, McCarthy Holthus Levine & Paul M Levine, McCarthy Holthus Levine.
Bank of New York, Defendant, represented by Brian M Forbes, K&L Gates LLP, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Gregory N Blase, K&L Gates LLP, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered & Robert Bruce Allensworth, K&L Gates LLP.
Lime Financial Services Limited, Defendant, represented by Aaron Michael Waite, Weinstein Pinson & Riley PS.
IndyMac Bank FSB, Defendant, represented by Kristin A Schuler-Hintz, McCarthy & Holthus & Marilyn Fine, Meier & Fine LLC.
Equity One Incorporated, Defendant, represented by David R Hall, Parsons Behle & Latimer LLC.
First Centennial Title Company of Nevada, Defendant, represented by James M Walsh, Walsh Baker & Rosevear PC.
Deutsche Bank National Trust Company, Defendant, represented by Jami Wintz McKeon, Morgan Lewis & Bockius LLP, Jeremy S Gladstone, Morgan Lewis & Bockius LLP, Joseph F Yenouskas, Goodwin Procter LLP, Peter E Dunkley, Wolfe & Wyman LLP & Ryan W Herrick, Jones Vargas.
First Franklin, Defendant, represented by Peter E Dunkley, Wolfe & Wyman LLP.
Mortgage Electronic Registration Systems Incorporated, Defendant, represented by Robert W Shely, Bryan Cave LLP, Shayna Fernandez Watts, Bryan Cave LLP, Cynthia Alexander, Snell & Wilmer LLP, Elliot S Blut, Ecoff Blut & Salomons, Erica Julie Stutman, Snell & Wilmer LLP, AZ, Gary E Schnitzer, Kravitz Schnitzer Sloane & Johnson Chartered, Joseph T Prete, Smith Larsen & Wixom, Lane C Hornfeck, Sarn OToole Marcus & Fisher, Melanie D Morgan, Kravitz Schnitzer Sloane & Johnson Chartered, Natalia Burnett, Morgan Lewis & Bockius LLP, Peter E Dunkley, Wolfe & Wyman LLP, Robert M Brochin, Morgan Lewis & Bockius LLP & Stephanie EW Thompson, Starn OToole Marcus & Fisher.
National Default Servicing Corporation, Defendant, represented by Jonathan D Fink, Wright Finlay & Zak LLP.
Chicago Title, Defendant, represented by Douglas D Gerrard, Gerrard Cox Larsen & Sheldon A Herbert, Gerrard Cox Larsen.
BAC Home Loans, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP & Stefan Mark Palys, Stinson Leonard Street LLP, AZ.
ReconTrust Company NA, Defendant, represented by Gregory Bryan Iannelli, Bryan Cave LLP, AZ, Robert W Shely, Bryan Cave LLP, Thomas M Hefferon, Goodwin Procter LLP, Ariel E Stern, Akerman Senterfitt LLP, Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Jacob D Bundick, Akerman Senterfitt LLP, Joseph F Yenouskas, Goodwin Procter LLP, Stefan Mark Palys, Stinson Leonard Street LLP, AZ & Ann-Martha Andrews, Lewis & Roca LLP.
Fidelity National Title, Defendant, represented by Douglas D Gerrard, Gerrard Cox Larsen, Marybeth Sundstrom, Gerrard Cox Larsen, Sheldon A Herbert, Gerrard Cox Larsen & Zachary T Ball, Fidelity National Law Group.
HSBC Mortgage Services Incorporated, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP, Erica Julie Stutman, Snell & Wilmer LLP, AZ & Gregory James Marshall, Snell & Wilmer LLP, AZ.
Credit Suisse First Boston Financial Corporation, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP & Erica Julie Stutman, Snell & Wilmer LLP, AZ.
BAC Home Loans Servicing LP, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP, Joseph F Yenouskas, Goodwin Procter LLP & Ann-Martha Andrews, Lewis & Roca LLP.
MTC Financial Incorporated, Defendant, represented by Richard Joseph Reynolds, Turner Reynolds Greco & OHara & William Fred Hyder, William F Hyder PC.
AmTrust Bank, Defendant, represented by J Christopher Jorgensen, Lewis Roca Rothgerber LLP.
Cal-Western Reconveyance Corporation, Defendant, represented by Laurel Inman Handley, Aldridge Pite LLP.
Central Mortgage Company, Defendant, represented by David Winthrop Cowles, Tiffany & Bosco PA, Kevin Patrick Nelson, Tiffany & Bosco PA, Kevin Hahn, Malcolm & Cisneros, Leonard J McDonald, Jr., Tiffany & Bosco PA & William Morris Fischbach, III, Tiffany & Bosco PA.
First Franklin Loan Services Incorporated, Defendant, represented by Thomas M Hefferon, Goodwin Procter LLP.
GMAC Mortgage LLC, Defendant, represented by Matthew J Christian, Kolesar & Leatham, William D Schuller, Kolesar & Leatham, Douglas Anthony Toleno, Aldridge Pite LLP, Henry F Reichner, Reed Smith LLP, Ira Steven Lefton, Reed Smith LLP, Laurel Inman Handley, Aldridge Pite LLP & Michael R Pennington, Bradley Arant Boult Cummings LLP.
Landmark Onestop Incorporated, Defendant, represented by Beth McNamara Wilson, LandAmerica Financial Group.
Homecomings Financial Company LLC, Defendant, represented by Henry F Reichner, Reed Smith LLP, Ira S Lefton, Reed Smith LLP, Laurel Inman Handley, Aldridge Pite LLP & Michael R Pennington, Bradley Arant Boult Cummings LLP.
Saxon Mortgage Corporation, Defendant, represented by Colt B Dodrill, Wolfe & Wyman LLP, J Matthew Goodin, Locke Lord Bissell & Lidell LLP, P Russell Perdew, Locke Lord Bissell & Lidell LLP & Thomas J Cunningham, Locke Lord Bissell & Lidell LLP.
SunTrust Mortgage Incorporated, Defendant, represented by Abran E Vigil, Ballard Spahr LLP, Ariel E Stern, Akerman Senterfitt LLP, Jacob D Bundick, Akerman Senterfitt LLP & Shane Jasmine Young, Ballard Spahr LLP.
MortgageIT Incorporated, Defendant, represented by Brian Jay Schulman, Greenberg Traurig LLP, Karen A Braje & Laura Elizabeth Sixkiller, Greenberg Traurig LLP.
Countrywide Mortgage Ventures LLC, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP & Ann-Martha Andrews, Lewis & Roca LLP.
Bank of America Corporation, Defendant, represented by Emily Snow Cates, Lewis Roca Rothgerber LLP Office, J Christopher Jorgensen, Lewis Roca Rothgerber LLP & Ann-Martha Andrews, Lewis & Roca LLP.
John Roussel, Defendant, represented by Ariel E Stern, Akerman Senterfitt LLP & Jacob D Bundick, Akerman Senterfitt LLP.
Stewart Title, Defendant, represented by Christian L Moore, Lemons Grundy & Eisenberg & Douglas R Brown, Lemons Grundy & Eisenberg.
Ticor Title of Nevada Incorporated, Defendant, represented by Douglas D Gerrard, Gerrard Cox Larsen, Marybeth Sundstrom, Gerrard Cox Larsen, Sheldon A Herbert, Gerrard Cox Larsen & Zachary T Ball, Fidelity National Law Group.
GMAC Mortgage, Defendant, represented by Colt B Dodrill, Wolfe & Wyman LLP, Gregg A Hubley, Aldridge Pite LLP & Laurel Inman Handley, Aldridge Pite LLP.
Susan Longero, Defendant, represented by Douglas D Gerrard, Gerrard Cox Larsen.
TD Service Company, Defendant, represented by Gregory L Wilde, Tiffany & Bosco PA.
TD Service Company, Defendant, represented by Gregory L Wilde, Tiffany & Bosco PA.
Wells Fargo Home Mortgage, Defendant, represented by Barbara J Dawson, Snell & Wilmer LLP, AZ, John Michael DeStefano, III, Snell & Wilmer LLP, AZ & Joseph F Yenouskas, Goodwin Procter LLP.
Sierra Pacific Mortgage Company Incorporated, Defendant, represented by John Patrick Flynn, Dioguardi Flynn LLP, Peter Jon Moolenaar, Dioguardi Flynn LLP & Todd Alan Williams, Dioguardi Flynn LLP.
Greentree, Defendant, represented by J Christopher Jorgensen, Lewis Roca Rothgerber LLP.
Wells Fargo Home Equity, Defendant, represented by Joseph F Yenouskas, Goodwin Procter LLP.
Shelter Mortgage Company LLC, Defendant, represented by G Lynn Shumway, Law Office of G Lynn Shumway & Roland P Reynolds, Palmer Lombardi & Donohue LLP.
I.B. Property Holdings LLC, Defendant, represented by Gregory L Wilde, Tiffany & Bosco PA.
Fidelity National Default, Defendant, represented by Neil A Ackerman, Neil Ackerman Esq LLC.
IndyMac Mortgage Services, Defendant, represented by Elliot S Blut, Ecoff Blut & Salomons.
Chicago Title Agency of Nevada Incorporated, Defendant, represented by Zachary T Ball, Fidelity National Law Group.
Hometown Mortgage LLC, Defendant, represented by Cynthia Alexander, Snell & Wilmer LLP.
HSBC Bank USA, Defendant, represented by Marilyn Fine, Meier & Fine LLC & Rachel Erin Donn, Meier & Fine LLC.
OneWest Bank FSB, Defendant, represented by Brett J Natarelli, Dykema Gossett PLLC, Marilyn Fine, Meier & Fine LLC & Robin P Wright, Wright Finlay & Zak LLP.
Countrywide Bank NA, Defendant, represented by J Christopher Jorgensen, Lewis Roca Rothgerber LLP & Joseph F Yenouskas, Goodwin Procter LLP.
World Savings Bank FSB, Defendant, represented by Cassie R Stratford, Snell & Wilmer LLP.
E*Trade Financial, Defendant, represented by Jonathan D Dykstra, Severson & Werson & Keegan G Low, Robison Belaustegui Sharp & Robb.
Chase Mortgage, Defendant, represented by Jay Earl Smith, Smith Larsen & Wixom & Joseph T Prete, Smith Larsen & Wixom.
UTLS Default Services LLC, Defendant, represented by Laurel Inman Handley, Aldridge Pite LLP & Douglas Anthony Toleno, Aldridge Pite LLP.
Bank of New York Trust Company NA, Defendant, represented by Douglas Anthony Toleno, Aldridge Pite LLP.
Residential Funding Company LLC, Defendant, represented by Douglas Anthony Toleno, Aldridge Pite LLP & Michael R Pennington, Bradley Arant Boult Cummings LLP.
MAX Default Services Corporation, Defendant, represented by Leonard J McDonald, Jr., Tiffany & Bosco PA & William Morris Fischbach, III, Tiffany & Bosco PA.
Provident Funding Associates LP, Defendant, represented by Leonard J McDonald, Jr., Tiffany & Bosco PA & William Morris Fischbach, III, Tiffany & Bosco PA.
Security Title Agency Incorporated, Defendant, represented by Michael R Scheurich, Dickinson Wright PLLC & Robert C Brown, Dickinson Wright PLLC.
DLSA Mortgage Loan Trust 2006-AR1, Defendant, represented by Leonard J McDonald, Jr., Tiffany & Bosco PA & William Morris Fischbach, III, Tiffany & Bosco PA.
DSL Service Company, Defendant, represented by Leonard J McDonald, Jr., Tiffany & Bosco PA & William Morris Fischbach, III, Tiffany & Bosco PA.
Colonial Bank NA, Defendant, represented by Alex J Flangas, Holland & Hart LLP & Tamara Reid, Holland & Hart LLP.
First Horizon Home Loans, Defendant, represented by Joseph F Yenouskas, Goodwin Procter LLP.
Sharon L Grundel, Defendant, represented by Rick Lawton, Law Office of Rick Lawton Esq PC.
MTC Financial Incorporated, Defendant, represented by Richard Joseph Reynolds, Turner Reynolds Greco & OHara & William Fred Hyder, William F Hyder PC.
GMAC Residential Funding Corporation, Defendant, represented by Henry F Reichner, Reed Smith LLP, Ira Steven Lefton, Reed Smith LLP & Michael R Pennington, Bradley Arant Boult Cummings LLP.
Land Home Financial Services, Defendant, represented by Bradley R Bowles, Bowles & Verna LLP & Michael P Connolly, Bowles & Verna LLP.
Federal Housing Finance Agency, Intervenor Defendant, represented by David B Bergman, Arnold & Porter LLP, David D Fauvre, Arnold & Porter LLP, Howard N Cayne, Arnold & Porter LLP, Michael W Large, Laxalt & Nomura Limited, Stephen E Hart, Office of Thrift Supervision & Steven E Guinn, Laxalt & Nomura Limited.

ORDER

JAMES A. TEILBORG, Senior District Judge.

Pending before the Court is Defendant Aurora Loan Services, LLC’s (“Aurora”) motion for judgment on the pleadings (Doc. 1833).

Background

This Court previously granted a motion to dismiss this case. Plaintiffs appealed that decision and the Court of Appeals reversed the dismissal (Doc. 1797). Following remand, Defendants indicated that they intended to again move to dismiss. This Court ordered that if any Defendant again moved to dismiss, such Defendant must address the Rule of Mandate and how this Court could entertain another round of motions to dismiss having already been reversed for dismissing the case (Doc. 1803).

Defendant Aurora filed its motion for judgment on the pleadings and completely failed to comply with this Court’s Order. While the motion filed was called a “motion for judgment on the pleadings,” Aurora advocates throughout the motion that it is decided on the Federal Rule of Civil Procedure 12(b)(6) standard (see, e.g., Doc. 1833 at 3). Thus, the Court does not see a distinction between a motion to dismiss under 12(b)(6) and a motion for judgment on the pleadings for purposes of Defendants’ obligation to comply with the Order at Doc. 1803.

Further, the Court advised Defendant Aurora at the Rule 16 conference that the Court was “surprised” it did not even cite the Court of Appeals decision in the motion for judgment on the pleadings. Aurora’s response was to indicate they would address it only if Plaintiffs addressed it in their response. However, a lawyer should address controlling case law even if the opposing side fails to cite it.1 Moreover, the Court had twice told Defendants that the Court expected the Court of Appeals decision to be addressed. Nonetheless, in their Reply, Aurora still fails to mention it.

Rule of Mandate

…the Ischay court instructed that the “so-called rule of mandate `presents a specific and more binding variant of the law of the case doctrine.’ The rule of mandate requires that, on remand, the lower court’s actions must be consistent with both the letter and the spirit of the higher court’s decision.”Ischay, 383 F.Supp.2d at 1214 (citations omitted).

The court continued:
The rule of mandate is similar to, but broader than, the law of the case doctrine. A district court, upon receiving the mandate of an appellate court cannot vary it or examine it for any other purpose than execution. Thus, a district court could not refuse to dismiss a case when the mandate required it, and a district court could not revisit its already final determinations unless the mandate allowed it[.]

Id., quoting Cote, 51 F.3d at 181 (citations omitted in original). Coto v. Astrue, No. CV 07-3559-PLA, 2008 WL 4642965, at *6 (C.D. Cal. Oct. 20, 2008).

Here, as discussed above, Aurora fails to explain how this Court granting judgment on the pleadings under the exact same legal standard as the 12(b)(6) standard on which this Court has already been reversed would not violate the Rule of Mandate. This Court has reviewed the Opinion of the Court of Appeals and finds that it bars this Court from reconsidering dismissal under 12(b)(6) by way of a 12(c) motion. Accordingly,

IT IS ORDERED that Aurora’s motion for judgment on the pleadings (Doc. 1833; CV 10-1547, Doc. 22) is denied.

IT IS FURTHER ORDERED that Plaintiff’s request for oral argument is denied because the parties have been given multiple opportunities to address the issue of concern to the Court and have repeatedly failed to do so. Thus, the Court finds that oral argument would not aid the Court’s decisional process on this topic because the parties will not address it. See e.g., Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998); Lake at Las Vegas Investors Group, Inc. v. Pacific. Dev. Malibu Corp., 933 F.2d 724, 729 (9th Cir. 1991).

IT IS FINALLY ORDERED that the Clerk of the Court shall file a copy of this Order in both cases listed above.
FootNotes

1. Specifically, Aurora argues,
…, even if Stejic’s “and/or” allegation were [sic] generously construed as alleging Aurora caused the Deed to be recorded, Stejic offers zero factual enhancement for this bare allegation. Specifically, Stejic alleges no facts showing how or when Aurora allegedly caused QLS to record the Deed. Purely conclusory allegations of this type are insufficient to state a claim, and this pleading deficiency also requires dismissal. See Haller v. Advanced Indus. Comp. Inc., 13 F.Supp.3d 1027, 1029 (D. Ariz. 2014) (a motion for judgment on the pleadings, like a Rule 12(b)(6) motion, “is directed at the legal sufficiency of the opposing party’s pleadings”) (internal quotation omitted); Twombly, 550 U.S. at 555 (a pleader must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do”).
Doc. 1833 at 6-7. In its opinion, the Court of Appeals stated:
Fourth, the MDL Court held that appellants had not pleaded their robosinging claims with sufficient particularity to satisfy Federal Rule of Civil Procedure 8(a). We disagree. … [T]he CAC also alleges that Jim Montes, who purportedly signed the substitution of trustee for the property for Milan Stejic had, on the same day, “signed and recorded, with differing signatures, numerous Substitutions of Trustee in the Maricopa County Recorder’s Office….Many of the signatures appear visibly different than one another.” These and similar allegations of the CAC “plausibly suggest an entitlement to relief,” Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009) and provide defendants fair notice as to the nature of appellants’ claims against them, Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011).
Doc. 1797-1 at 24-25. Based on the foregoing, this Court finds that the Court of Appeals has already directly decided that Plaintiff Stejic stated a claim against defendants.

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Posted in STOP FORECLOSURE FRAUD2 Comments

MN TRO | The Examiner ordered an eviction stopped because we provided evidence that the foreclosure was void and that the petitioner, Freddie Mac, lacked legal capacity to obtain possession of the home

MN TRO | The Examiner ordered an eviction stopped because we provided evidence that the foreclosure was void and that the petitioner, Freddie Mac, lacked legal capacity to obtain possession of the home

STATE OF MINNESOTA
COUNTY OF RAMSEY

In the Matter of the Petition of
Federal Home Loan Mortgage Corporation
for a New Certificatercate of Title After
Mortgage Foreclosure Sale

TEMPORARY RESTRAINING ORDER

The above-entitled matter came on for hearing by telephone conference call on May 15,
2014 on Petitioner’s Motion for a Temporary Restraining Order to prevent Petitioner from being
evicted under a Writ of Restitution issued by Judge Marek in Housing Court File 62-HG-CV-14-
483. The hearing was held by Wayne D. Anderson, Examiner of Titles, sitting as Referee of
District Court. William Butler appeared for movant, Jeffrey C. Jacobsen. Stephanie Nelson
appeared for Petitioner, Federal Home Loan Mortgage Corporation. There were no other
appearances.

Upon the written pleadings and argument of counsel, Petitioner’s Motion for Temporary
Restarining Order is GRANTED, effective immediately. The Sheriff SHALL NOT remove
persons from the property under the authority of the Writ of Execution until further Order of this
Court.

The following Memorandum of Law is incorporated herein.

1. A Writ of Restitution was issued in Housing Court File 62-HG-CV-14-483. The Sheriff
is scheduled to execute the Writ by physically removing Petitioner from the Property on
Friday, May 16, 2014.

2. The basis for the Housing Court Writ of Restitution is a Sheriff s Certificate evidencing
the sale of the property following mortgage foreclosure, recorded as Doc. No. 2199665.

3. A Sheriff s Certificate is primafacie evidence that the foreclosure was valid and, upon
expiration of the redemption period, that all ownership rights belong to the foreclosing
party, including the right of possession. Minn. Stat. 580.19.

4. The Housing Court does not determine the validity of the foreclosure or the effectiveness
of the Sheriff s Certificate to convey rights to the lender. Those issues must be
challenged by a separate action, which Petitioner has brought in this instant action.
Amresco Residential Mortgage Corp. v. Stange,631N.W.2d444 (Minn. App.200l).

5. Until the validity of the foreclosure is adjudicated, this Court cannot state with certainty
what rights in the property – if any – are held by the lender, so the lender cannot assert
that it alone holds the right of possession required to evict the borrower from the
property.

6. Petitioner seeks a Temporary Restraining Order preventing the enforcement of the Writ
of Restitution. The Court must consider five factors as articulatedin Dahlberg Bros. v.
FordMotor Co.,137N.W.2d314 (Minn. 1965), indeterminingwhetherthetemporary
restraining order should issue. The Dahlberg factors to be considered are as follows:

a. The nature and background of the relationship between the parties pre-existing
the dispute giving rise to the request for relief.
b. The harm to be suffered by plaintiff if the temporary restraint is denied as
compared to that inflicted on defendant if the injunction issues pending trial.
c. The likelihood that one party or the other will prevail on the merits when the
fact situation is viewed in the light of established precedent fixing the limits of
equitable relief.
d. The aspects of the fact situation, if any, that permit or require consideration of
public policy expressed in the statutes, state and federal.
e. The administrative burdens involved injudicial supervision and enforcement
of the temporary decree.

7. The Court finds that the relationship of the parties is lender-borrower which doesn’t favor
either party. The harm to be suffered by lender is short-term lost opportunity to sell; the
harm to be suffered by borrower is to be rendered homeless, perhaps wrongfully, which
factor favors the borrower. The likelihood of prevailing on the merits cannot be
determined yet because final written submissions regarding a motion for Summary
Judgment, heard on May 14,2014 have not been received and reviewed, and essential
legal questions have not been briefed or argued, which favors issuing the injunction to
freeze the situation in place. Minnesota has a strong public policy of enabling people to
stay in their homes, as expressed in numerous consumer protection statutes and programs,
which favors the borrower; a speedy and final resolution of this issue slightly favors the
62-CV-13-7742 lender. The administrative burden of a short-term injunction will be slight, which favors
neither party.

8. No bond is required, but Mr. Jacobsen is required to provide an initial deposit of
$1,500.00 and monthly payments to cover ongoing carrying costs in the amount of
$800.00, to be deposited with the District Court. The initial deposit and first monthly
payment is due by 4:30 p.m. on Friday May 23,2014. Succeeding monthly payments are
due by 4:30 p.m. Jwrc23,July 23,August 25, September23,2ol4,and on the 23’d of
each month thereafter (or the first day following the 23’d that is not a Saturday, Sunday or
legal holiday.) If payments are not made as ordered, the injunction will be dissolved.
The foregoing facts were found by me after due hearing and entry of this Order is recommended.

Dated: 5-16-14

WAYNE D. ANDERSON, EXAMINER OF TITLES

Down Load PDF of This Case

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Posted in STOP FORECLOSURE FRAUD0 Comments

COMPLAINT: Abeel v. Bank of America, etc., et al. | Home Owners Across the Nation Sue All Bank Servicers and Their Offshore Havens

COMPLAINT: Abeel v. Bank of America, etc., et al. | Home Owners Across the Nation Sue All Bank Servicers and Their Offshore Havens

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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Posted in STOP FORECLOSURE FRAUD4 Comments

Mass. SJC: Buyer Can’t Sue After Bad Foreclosure Sale “MERS’ ASSIGNMENT” – In Re: Bevilacqua v. Rodriguez

Mass. SJC: Buyer Can’t Sue After Bad Foreclosure Sale “MERS’ ASSIGNMENT” – In Re: Bevilacqua v. Rodriguez

This goes to show not only does MERS assign after the Complaint/ Lis Pendens is filed, but also after the sale. BS!

The mortgage was assigned to it after the foreclosure sale by Merscorp Inc.’s Mortgage Electronic Registration Systems, a national database of mortgages.

 

Bloomberg-

A Massachusetts man who bought property in a faulty foreclosure sale didn’t have the right to bring a court case over the property because he isn’t the owner, the state’s high court ruled.

The Supreme Judicial Court, which in January found that banks can’t foreclose on a house if they don’t own the mortgage, went one step further in a closely watched case and said a sale after that foreclosure doesn’t transfer the property. Therefore, the buyer couldn’t bring his court action against a previous owner, the court ruled.

The high court upheld a lower-court decision that said Francis J. Bevilacqua III, the buyer of residential property in Haverhill, Massachusetts, never owned it because U.S. Bancorp foreclosed before it got the mortgage. Today’s ruling could have implications in the foreclosure crisis in which banks are accused of clouding home titles through sloppy transferring of mortgages.

[BLOOMBERG]

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NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

Francis J. BEVILACQUA, Third vs. Pablo RODRIGUEZ.
 

SJC-10880.
 

May 2, 2011. – October 18, 2011.

Jurisdiction, Land Court. Land Court, Jurisdiction. Practice, Civil, Parties, Standing, Dismissal. Real Property, Ownership, Record title, Mortgage, Bona fide purchaser. Mortgage, Real estate, Foreclosure, Assignment, Equity of redemption.

CIVIL ACTION commenced in the Land Court Department on April 12, 2010.

The case was heard by Keith C. Long, J.

The Supreme Judicial Court granted an application for direct appellate review.

Jeffrey B. Loeb (David Glod with him) for the plaintiff.

Richard A. Oetheimer (Natalie F. Langlois with him) for Mortgage Bankers Association.

Max Weinstein for WilmerHale Legal Services Center of Harvard Law School.

John M. Stephan & Amber Anderson Villa, Assistant Attorneys General, for the Commonwealth.

The following submitted briefs for amici curiae:

Mark B. Johnson for American Land Title Association.

Adam J. Levitin, of the District of Columbia, Christopher L. Peterson, of Utah, John A.E. Pottow, of Michigan, & Katherine Porter, pro se.

Edward Rainen, Carrie B. Rainen, & Ward P. Graham for Massachusetts Association of Bank Counsel, Inc.

Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ.

SPINA, J.

In this case we must determine whether a plaintiff has standing to maintain a try title action under G.L. c. 240, §§ 1-5, where he is in physical possession of real property but his chain of title rests on a foreclosure sale conducted by someone other than “the mortgagee or his executors, administrators, successors or assigns.” G.L. c. 183, § 21 (statutory power of sale). See G.L. c. 244, § 14 (procedure for foreclosure under power of sale). On his own motion, a Land Court judge determined that the plaintiff, Francis J. Bevilacqua, III, “holds no title to the property at 126-128 Summer Street in Haverhill,” and thus lacks standing to bring a try title action. The judge dismissed the complaint with prejudice and Bevilacqua appealed. We granted Bevilacqua’s application for direct appellate review and now affirm the dismissal of his complaint but conclude that such dismissal should have been entered without prejudice. [FN1]

1. Procedural background. This case comes before us on a highly unusual procedural footing. The respondent, Pablo Rodriguez, has not been located and accordingly has not entered an appearance. As a result, it fell to the Land Court judge to raise the issue of Bevilacqua’s standing under G.L. c. 240, § 1. See Mass. R. Civ. P. 12(h)(3), 365 Mass. 754 (1974) (“Whenever it appears by suggestion of a party or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action”); Maxwell v. AIG Domestic Claims, Inc., ante 91, 99-100 (2011); Sullivan v. Chief Justice for Admin. & Mgt. of the Trial Court, 448 Mass. 15, 21 (2006); Litton Business Sys., Inc. v. Commissioner of Revenue, 383 Mass. 619, 622 (1981). The procedures applicable to such a sua sponte motion in a try title action are unclear and the judge did not specify the rule under which the dismissal was ordered. We have received no briefing on the issue from Bevilacqua, and those amici addressing the point note that the absence of precedent leads them to “presume[ ]” the applicable standard.

In considering the appropriate procedure, we note that a court’s sua sponte motion to dismiss for lack of subject matter jurisdiction is analogous to a party’s motion to dismiss under either Mass. R. Civ. P. 12(b)(1) or (6), 365 Mass. 754 (1974). Ordinarily, “[i]n reviewing a dismissal under rule 12(b)(1) or (6), we accept the factual allegations in the plaintiffs’ complaint, as well as any favorable inferences reasonably drawn from them, as true.” Ginther v. Commissioner of Ins., 427 Mass. 319, 322 (1998). Cf. Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557 (2007) (clarifying standards for dismissal under rule 12[b] [6] ). The unusual mechanics of G.L. c. 240, §§ 1-5, however, suggest that the analogy may not be perfect and that a different standard may be appropriate.

[FN2] We need not resolve the issue today, however, because we conclude that Bevilacqua’s complaint must be dismissed even if we apply the most favorable of the possible standards of review. See Ginther v. Commissioner of Ins., supra (standards for motion to dismiss for lack of subject matter jurisdiction). We thus “accept the factual allegations in [Bevilacqua’s petition], as well as any favorable inferences reasonably drawn from them, as true.” Id. Those facts are as follows.

On March 18, 2005, Pablo Rodriguez granted a mortgage on the property to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Finance America, LLC. The mortgage was recorded at the Southern Essex registry of deeds (registry). As of June 29, 2006, MERS had not assigned the mortgage to U.S. Bank National Association (U.S.Bank) but, on that date, U.S. Bank executed a foreclosure deed referencing the mortgage and purporting to transfer the property pursuant to a foreclosure sale from U.S. Bank (as trustee under a trust that is not further described) to U.S. Bank “as Trustee under the securitization Servicing Agreement dated as of July 1, 2005 Structured Asset Securities Corporation Structure Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2005-HEI.” Nearly one month later, on July 21, 2006, MERS assigned the mortgage to U.S. Bank in an assignment of mortgage recorded at the registry. A “confirmatory foreclosure deed” was then granted on October 9, 2006, by U.S. Bank to U.S. Bank as trustee under the servicing agreement. Eight days later, on October 17, 2006, U.S. Bank “as Trustee” granted a quitclaim deed to Bevilacqua.

On April 12, 2010, Bevilacqua filed a petition to compel Rodriguez to try title to the property. In his complaint Bevilacqua claimed to reside at the property and to hold record title. Because of the fact that MERS had not assigned the mortgage to U.S. Bank at the time of the foreclosure, Bevilacqua alleged that there is a cloud on his title in the form of “the possibility of an adverse claim by Rodriguez against Bevilacqua’s title to the [p]roperty.”

2. Statutory background. Bevilacqua seeks an order that either compels Rodriguez to bring an action to try his title or forever bars him from enforcing his adverse claims to the property. Try title actions under G.L. c. 240, §§ 1-5, are within the exclusive original jurisdiction of the Land Court. G.L. c. 185, § 1 (d ). If Bevilacqua cannot satisfy the jurisdictional requirements of the statute, then the Land Court is without subject matter jurisdiction and the petition must be dismissed. See Boston Edison Co. v. Boston Redevelopment Auth., 374 Mass. 37, 46 (1977); Riverbank Improvement Co. v. Chapman, 224 Mass. 424, 425 (1916) (“The Land Court is a statutory court, not of general but of strictly limited jurisdiction”).

The statute states, in relevant part:

“If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming an estate of freehold therein … may file a petition in the land court stating his interest, describing the land, the claims and the possible adverse claimants so far as known to him, and praying that such claimants may be summoned to show cause why they should not bring an action to try such claim.”

G.L. c. 240, § 1. There are thus two steps to a try title action: the first, which requires the plaintiff to establish jurisdictional facts such that the adverse claimant might be “summoned to show cause why [he] should not bring an action to try [his] claim,” and the second, which requires the adverse claimant either to disclaim the relevant interest in the property or to bring an action to assert the claim in question. [FN3] Id. See Blanchard v. Lowell, 177 Mass. 501, 504-505 (1901). The establishment of jurisdictional facts, although essential in all cases, is thus a matter of particular salience in the initial stage of a try title action.

There appear to be two jurisdictional facts that must be shown to establish standing under G.L. c. 240, § 1. First, it is clear on the face of the statute that only “a person in possession” of the disputed property may maintain a try title action. Id. Second, although less obviously clear, a plaintiff must hold a “record title” to the land in question. Blanchard v. Lowell, supra at 504. Arnold v. Reed, 162 Mass. 438, 440-441 (1894). Here, Bevilacqua has alleged that he resides on the property, a factual assertion that we accept as true and from which we draw the favorable inference that he is “a person in possession” as required by G.L. c. 240, § 1. [FN4] Bevilacqua also claims to hold record title to the property as required to support standing. See Blanchard v. Lowell, supra. In dismissing the petition the judge concluded that the facts alleged by Bevilacqua did not support his claim of record title and that, as a result, Bevilacqua lacked standing. This is the controversy presented on appeal.

Before analyzing whether Bevilacqua has demonstrated the existence of record title, and in light of the fact that it has been more than a century since this court last examined standing under G.L. c. 240, §§ 1-5, we first consider the history and purposes of the statute. [FN5] The initial try title statute was enacted in 1851 and provided:

“Any person in possession of real property, claiming an estate of freehold … may file a petition in the supreme judicial court, setting forth his estate … and averring that he is credibly informed and believes, that the respondent makes some claim adverse to the estate of the petitioner, and praying that he may be summoned to show cause, why he should not bring an action to try the alleged title, if any.” St. 1851, c. 233, § 66.

Prior to enactment of this statute, the principal means of trying title to land was the writ of entry, which permitted a plaintiff to “obtain possession of real estate from a disseisor who is in possession and holds the demandant out.” Mead v. Cutler, 208 Mass. 391, 392 (1911). See Black’s Law Dictionary 472 (6th ed. 1990) (disseisor is “[o]ne who puts another out of the possession of his lands wrongfully. A settled trespasser on the land of another”). See also Black’s Law Dictionary 541 (9th ed. 2009). The writ was limited, however, by the fact that it could only be brought where the plaintiff was “held out.” See Mead v. Cutler, supra. As a result, there were “cases where a party in possession of real estate would be obliged to abandon his accustomed possession and use, in order to [bring a writ of entry and] try the right of an adverse claimant.” Munroe v. Ward, 4 Allen 150, 151 (1862). In recognition of the fact that such abandonment “would be unreasonable and contrary to sound policy,” the try title statute was enacted so that property owners might remain in possession while requiring that adverse claims be either asserted or disavowed rather than lingering indefinitely. Id.

Under the early versions of the try title statute the sole jurisdictional requirement was “actual possession and taking of profits” from the land. Id. at 152. See St. 1873, c. 178; St. 1852, c. 312, § 52; St. 1851, c. 233, § 66. Pursuant to these statutes, record or legal title to the property was irrelevant. See Orthodox Congregational Soc’y v. Greenwich, 145 Mass. 112, 113 (1887) (“[M]ost of the facts … bear only upon the question of title. These we need not consider”); Leary v. Duff, 137 Mass. 147, 149- 150 (1884) (“not of importance that the title asserted by the petitioner rests upon an alleged … adverse possession,” rather than on legal title).

These early enactments were repealed in 1893, however, and the modern form of the statute was adopted. St. 1893, c. 340. One of the principal amendments was the addition of an opening clause, referring to “the record title of real property.” St. 1893, c. 340, § 1. Contrast Pub. Sts. (1882), c. 176, §§ 1, 2. Almost immediately following the 1893 amendment, this court was required to consider the meaning of the new statutory language. In the case of Arnold v. Reed, 162 Mass. 438 (1894), a putative property owner filed a try title action alleging possession and relying on a recorded deed purporting to convey good title to the property. Id. at 439-440. The court held that mere possession was no longer sufficient and that, under the new statute, title appearing on “the record” was also necessary. [FN6] Id. at 440. The court thus read the new introductory clause as limiting the types of disputes– i.e., only claims based on record title–that might be resolved in a try title action. See St. 1893, c. 340, § 1 (“When the record title of real property is clouded by an adverse claim”). The limitation added by the Legislature in 1893 remains operative in the present statute and the jurisdictional requirement of “record title” is thus applicable to Bevilacqua’s claim. Compare G.L. c. 240, § 1 (“If the record title of land is clouded by an adverse claim …”), with St. 1893, c. 340, § 1. We turn, then, to consider Bevilacqua’s various claims to record title.

3. Standing as owner of the property. [FN7] Bevilacqua alleges that he has record title to the property because he is the owner by virtue of a quitclaim deed granted to him by U.S. Bank. There appear to be two theories that underpin this argument. First, the quitclaim deed may be sufficient by itself to support record title to the property. Second, if the quitclaim deed itself does not constitute record title, then that instrument coupled with the chain of grants on which it relies is sufficient as a whole to demonstrate record title. The first theory is incorrect as a matter of law. The second theory is unpersuasive in light of the facts alleged by Bevilacqua.

In addressing the first theory, that a single recorded deed purporting to transfer title is sufficient to establish record title, the Land Court judge made the trenchant observation that such a doctrine would render the “Brooklyn Bridge” problem insoluble. Specifically, the judge wrote that “in the classic example, a litigant could go to the registry, record a deed to the Brooklyn Bridge, commence suit, hope that the true owners ignored the suit or … could not be readily located and [would thus] be defaulted, and secure a judgment.” Leaving aside the fact that public property cannot be the subject of a try title action, see G.L. c. 240, § 5, an interpretation of the try title statute permitting such a result cannot be the law.

We are not persuaded by this “single deed” theory for a number of reasons, not least of which is the fact that there is nothing magical in the act of recording an instrument with the registry that invests an otherwise meaningless document with legal effect. See S & H Petroleum Corp. v. Register of Deeds for the County of Bristol, 46 Mass.App.Ct. 535, 537 (1999) (“The function of a registry of deeds is to record documents. It is essentially a ministerial function …”). Recording may be necessary to place the world on notice of certain transactions. See, e.g., G.L. c. 183, § 4 (leases and deed); G.L. c. 203, §§ 2-3 (trust documents). Recording is not sufficient in and of itself, however, to render an invalid document legally significant. See Arnold v. Reed, 162 Mass. 438, 440 (1894); Nickerson v. Loud, 115 Mass. 94, 97-98 (1874) (“mere assertions … whether recorded or unrecorded, do not constitute a cloud upon title, against which equity will grant relief”). As a result, it is the effectiveness of a document that is controlling rather than its mere existence. See Bongaards v. Millen, 440 Mass. 10, 15 (2003) (where grantor lacks title “a mutual intent to convey and receive title to the property is beside the point”). The effectiveness of the quitclaim deed to Bevilacqua thus turns, in part, on the validity of his grantor’s title. Accordingly, a single deed considered without reference to its chain of title is insufficient to show “record title” as required by G.L. c. 240, § 1.

The second theory supporting Bevilacqua’s ownership claim addresses this point by asserting that the chain of deeds recorded at the registry is sufficient to demonstrate record title. Under this theory Bevilacqua may trace his chain of title back from the quitclaim deed, through the foreclosure deed, and ultimately to the mortgage granted by Rodriguez to MERS as nominee for Finance America. Bevilacqua has alleged, however, that U.S. Bank was not the assignee of the mortgage at the time that it purported to foreclose on the property and conduct a sale pursuant to the power of sale contained in the mortgage.

[FN8]

As we recently held in the Ibanez case, Massachusetts “adhere[s] to the familiar rule that ‘one who sells under a power [of sale] must follow strictly its terms’ ” so, where a foreclosure sale occurs in the absence of authority, “there is no valid execution of the power, and the sale is wholly void.” U.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637, 646 (2011), quoting Moore v. Dick, 187 Mass. 207, 211 (1905). “One of the terms of the power of sale that must be strictly adhered to is the restriction on who is entitled to foreclose.” U.S. Bank Nat’l Ass’n v. Ibanez, supra at 647. See Bongaards v. Millen, supra. By alleging that U.S. Bank was not the assignee of the mortgage at the time of the purported foreclosure, Bevilacqua is necessarily asserting that the power of sale was not complied with, that the purported sale was invalid, and that his grantor’s title was defective. See U.S. Bank Nat’l Ass’n v. Ibanez, supra. In light of its defective title, the intention of U.S. Bank to transfer the property to Bevilacqua is irrelevant and he cannot have become the owner of the property pursuant to the quitclaim deed. See Bongaards v. Millen, supra. Bevilacqua’s theory based on the chain of title is thus unpersuasive.

In this regard we note that Bevilacqua’s try title action based on ownership of the property faces an insurmountable obstacle. A try title action may be brought only where record title is “clouded by an adverse claim, or by the possibility thereof.” G.L. c. 240, § 1. However, the very fact that raises the possibility of an adverse claim–U.S. Bank’s lack of authority to foreclose at the time it purported to foreclose–is fatal to Bevilacqua’s claim to “own” the property. The basic problem is that, instead of presenting a potentially viable claim and seeking to test it against the claims of a rival, Bevilacqua effectively admits that he does not presently have record title and seeks a declaration, if Rodriguez were to default, that the defect is cured. In light of the pleaded facts it is thus impossible for us to conclude that Bevilacqua’s ownership theory demonstrates the jurisdictional facts necessary to maintain a try title action. See G.L. c. 240, § 1.

4. Standing as assignee of the mortgage. As an alternative to the claim that he owns the property in fee simple, Bevilacqua argues that he holds record title because he is the assignee of the mortgage granted by Rodriguez to MERS as nominee for Finance America. Bevilacqua does not develop the argument at length but it is an intriguing one given that Massachusetts is a “title theory” State in which “a mortgage is a transfer of legal title in a property to secure a debt.” U.S. Bank Nat’l Ass’n v. Ibanez, supra at 649. If a mortgagee’s legal title suffices to establish “record title” under G.L. c. 240, § 1, then Bevilacqua may be able to demonstrate standing to proceed with this try title action. We conclude, however, that Bevilacqua’s claim to record title as mortgagee is inconsistent with the relief he seeks, namely, that Rodriguez be compelled either to “show cause why he should not be required to bring an action to try title” or to “be forever barred from having or enforcing any claim in the property.” Accordingly, we conclude that Bevilacqua’s theory of record title as mortgagee is untenable and cannot support standing under G.L. c. 240, § 1.

We begin our analysis of this question by noting that Bevilacqua’s claim to be holder of the mortgage has at least a plausible basis despite the fact that he has never taken an express assignment. This court has held that it is possible for a foreclosure deed, ineffective due to noncompliance with the power of sale, to nevertheless operate as an assignment of the mortgage itself. See Holmes v. Turner’s Falls Co., 142 Mass. 590, 591 (1886); Dearnaley v. Chase, 136 Mass. 288, 290 (1884); Brown v. Smith, 116 Mass. 108 (1874). The theory is that “where a deed of real estate shows by its language that it was intended to pass title by one form of conveyance, by which however title could not pass, courts have made the deed effective by construing it as a deed of some other form, notwithstanding the inappropriateness of the language.” Kaufman v. Federal Nat’l Bank, 287 Mass. 97, 100-101 (1934). Bevilacqua argues in his brief that “the foreclosure deed constituted an assignment of the mortgage on the [p]roperty to Bevilacqua.” As stated, this proposition cannot be correct because Bevilacqua was not a party to the foreclosure deed. Further, Bevilacqua has alleged that U.S. Bank was not the assignee of the mortgage at the time it executed the foreclosure deed so it is impossible for that instrument to be construed as an assignment of mortgage. See U.S. Bank Nat’l Ass’n v. Ibanez, supra at 654 (“Because an assignment of a mortgage is a transfer of legal title, it becomes effective … only on the transfer; it cannot become effective before the transfer”). We assume without deciding, however, that Bevilacqua might be able to establish a chain of assignments passing from his quitclaim deed, through the “Confirmatory Foreclosure Deed,” through the recorded assignment from MERS, and thus ultimately back to Rodriguez’s original deed of mortgage. See supra at [2-3] (regarding drawing of favorable inferences). We may thus assume, without deciding, that there is a factual basis on which Bevilacqua may claim to be the assignee of the mortgage.

The title that Bevilacqua might claim as mortgagee, however, would be inconsistent with the relief that might be provided under G.L. c. 240, §§ 1-5. The problem, from Bevilacqua’s perspective, arises from the nature of a mortgage. In Massachusetts, a “mortgage splits the title in two parts: the legal title, which becomes the mortgagee’s, and the equitable title, which the mortgagor retains.” Maglione v. BancBoston Mtge. Corp., 29 Mass.App.Ct. 88, 90 (1990). The purpose of the split is “to give to the mortgagee an effectual security for the payment of a debt [while] leav[ing] to the mortgagor … the full control, disposition and ownership of the estate.” Santiago v. Alba Mgt., Inc., 77 Mass.App.Ct. 46, 49 (2010), quoting Charlestown Five Cents Sav. Bank v. White, 30 F.Supp. 416, 418-419 (D.Mass.1939). The title held by a mortgagee is defeasible and “upon payment of the note by the mortgagor … the mortgagee’s interest in the real property comes to an end.” Maglione v. BancBoston Mtge. Corp., supra.

Inherent in this concept of the mortgagee’s defeasible title is the mortgagor’s equity of redemption:

“[T]he mortgagor’s equity of redemption [is] the basic and historic right of a debtor to redeem the mortgage obligation after its due date, and ultimately to insist on foreclosure as the means of terminating the mortgagor’s interest in the mortgaged real estate.”

Restatement (Third) of Property (Mortgages) c. 3, Introductory Note at 97 (1996) (addressing common law applicable in both title theory and lien theory States). “[A]n equity of redemption is inseparably connected with a mortgage,” Peugh v. Davis, 96 U.S. 332, 337 (1877), and endures so long as the mortgage continues in existence:

“When the right of redemption is foreclosed, the mortgage has done its work and the property is no longer mortgaged land. Instead, the former mortgagee owns the legal and equitable interests in the property and the mortgage no longer exists.”

Santiago v. Alba Mgt., Inc., supra at 50. See G.L. c. 244, § 18 (mortgagor holds equity of redemption until mortgagor forecloses); Maglione v. BancBoston Mtge. Corp., supra (“upon payment of the note by the mortgagor … the mortgagee’s interest in the real property comes to an end”). Following default, therefore, a mortgagee may enter and possess the property but his or her title remains subject to the mortgagor’s equity of redemption. See G.L. c. 244, §§ 1, 2; Joyner v. Lenox Sav. Bank, 322 Mass. 46, 52-53 & n. 1 (1947); Maglione v. BancBoston Mtge. Corp., supra at 91 (this right of entry and possession distinguishes title and lien theory States). This state of affairs persists until either the mortgagee brings a proceeding to foreclose on the equity of redemption, see Negron v. Gordon, 373 Mass. 199, 205 n. 4 (1977) (listing four methods of foreclosing equity of redemption), or until the mortgagor redeems the property and brings the mortgagee’s interests in the property to an end. See Maglione v. BancBoston Mtge. Corp., supra at 90. See also G.L. c. 260, § 33 (limitations period for foreclosure proceedings). The crucial point is that a mortgage, by its nature, necessarily implies the simultaneous existence of two separate but complementary claims to the property that do not survive the mortgage or each other.

This point controls the present case because a litigant who asserts that he or she is the holder of a mortgage necessarily asserts that the mortgage continues to exist and that the mortgagor’s claims to the property remain valid. For this reason, a plaintiff in a try title action may be heard to claim that a mortgage no longer exists, that claims to the contrary are adverse, and that the putative mortgagee should be required to bring an action trying the claim. See, e.g., Brewster v. Seeger, 173 Mass. 281 (1899). For a plaintiff to both claim record title as holder of a mortgage and to dispute the respondent’s continuing equitable title or equity of redemption would be oxymoronic, however, because the only circumstances in which the respondent’s rights would not be upheld are circumstances in which there is no mortgage for the plaintiff to hold. This is the circumstance in which Bevilacqua finds himself.

To assert that he holds legal title as mortgagee, Bevilacqua must necessarily accept that Rodriguez has a complementary claim to either equitable title (if there has been no default) or an equity of redemption (if default has occurred). In either case, and although their economic interests may diverge, Bevilacqua cannot be heard to argue that Rodriguez’s claim is adverse to his own. This fact necessarily precluded Bevilacqua from establishing a necessary element of his try title action–the existence of an adverse claim. [FN9] See G.L. c. 240, § 1 (action may be brought “[i]f the record title of land is clouded by an adverse claim …”). The legal title possessed by a mortgagee is not, therefore, a basis of standing that would be consistent with maintenance of Bevilacqua’s action against Rodriguez. Accordingly, we conclude that it is not open to Bevilacqua to rely on such title in attempting to demonstrate the necessary jurisdictional facts. [FN10]

5. Standing as bona fide purchaser for value. In concluding his arguments, Bevilacqua asserts that he “could not have known, when he purchased the [p]roperty, that this title problem existed” and that as a result he must be permitted to proceed under the try title statute or be left without an adequate remedy. Certain of the amici expand on this point, arguing that Bevilacqua is a bona fide purchaser for value and without notice such that he holds good title to the property. Under this theory, Bevilacqua’s quitclaim deed transferred good title to the property that, in addition to his possession, satisfies the standing requirements of the try title statute. [FN11] G.L. c. 240, § 1. We need not address the legal merits of the argument because Bevilacqua is not a bona fide purchaser without notice of the defects in his grantor’s title.

We begin analysis of this bona fide purchaser theory by noting that “[t]he law goes a great way in protecting the title of a purchaser for value without notice or knowledge of any defect in the power of the vendor to sell….” Rogers v. Barnes, 169 Mass. 179, 183 (1897). For that reason, the purchaser’s “title is not to be affected by mere irregularities in executing a power of sale contained in a mortgage, of which irregularities he has no knowledge, actual or constructive.” Id. at 183-184. There are limits to the protections provided to bona fide purchasers, however, and “[t]he purchaser of an apparently perfect record title is not protected against all adverse claims.” Brewster v. Weston, 235 Mass. 14, 17 (1920). Where the bona fide purchaser is not protected against an adverse claim the purchaser “must rely upon the covenants of his deed” rather than dispossession of the true owner– that is, there are situations in which it is the purchaser rather than the original owner who must seek recovery from a third person rather than being awarded possession of the property itself. Id. See 3 J. Palomar, Land Titles § 677, at 374-375 (3d ed. 2003) (listing circumstances in which actual facts may rebut presumption of record title and true owner will prevail over innocent purchaser).

Generally, the key question in this regard is whether the transaction is void, in which case it is a nullity such that title never left possession of the original owner, or merely voidable in which case a bona fide purchaser may take good title. See Brewster v. Webster, supra. Cf. Restatement (Second) of Contracts § 7 comment a (1981). Here, the dispute as to title revolves around the validity of the unauthorized foreclosure sale conducted by U.S. Bank. Certain of the amici argue that the category in which such a transaction belongs, void or merely voidable, has not been addressed definitively in Massachusetts. Our recent decision in the case of U.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637, 647 (2011), however, concluded that “[a]ny effort to foreclose by a party lacking ‘jurisdiction and authority’ to carry out a foreclosure under [the relevant] statutes is void.” We decline the invitation to revisit this issue. In any event, a factual prerequisite–purchase by Bevilacqua without notice of the defects in U.S. Bank’s title–does not exist.

Bevilacqua’s petition alleges that a number of documents were recorded with the registry, provides the book and page number applicable to each document, but fails to provide the dates on which recording occurred. We take judicial notice, however, of the fact that the registry assigns book and page numbers to recorded instruments in a sequential manner. See Mass. G. Evid. § 201(b) (2011). We therefore may conclude that instruments with lower book and page numbers were recorded prior to instruments with higher book and page numbers. [FN12] Here, the book and page numbers demonstrate recording of documents in the following order: (i) the mortgage from Rodriguez to MERS (executed on March 18, 2005); (ii) the assignment of mortgage from MERS to U.S. Bank (executed on July 21, 2006); (iii) the purported foreclosure deed from U.S. Bank “as Trustee” to U.S. Bank as trustee under the servicing agreement (executed on June 29, 2006); (iv) the “Confirmatory Foreclosure Deed” from U.S. Bank “as Trustee” to U.S. Bank as trustee under the servicing agreement (executed on October 9, 2006); and (v) the quitclaim deed from U.S. Bank to Bevilacqua (executed on October 17, 2006). We cannot be sure of the precise date on which the foreclosure deed became a matter of public record, but we do know that this occurred after the assignment of mortgage had been recorded. As a result, Bevilacqua must have attempted to purchase the property from U.S. Bank (in some capacity) either when the registry’s records showed the bank to be a complete stranger to title, when the registry’s records showed the bank to be no more than an assignee of the mortgage, or when the registry’s records showed that the bank conducted the foreclosure sale before receiving assignment of the mortgage. In none of these circumstances could we conclude that Bevilacqua is a bona fide purchaser for value and without notice that U.S. Bank’s title was doubtful. See Demoulas v. Demoulas, 428 Mass. 555, 577 (1998) (parties may not “establish themselves as bona fide purchasers simply by claiming that they were ‘blissfully unaware’ of” facts to which they closed their eyes). We therefore are unconvinced by Bevilacqua’s claim to record title based on the theory that he is a bona fide purchaser for value and without notice.

6. Dismissal with prejudice. As a final matter we consider whether the Land Court judge properly specified that Bevilacqua’s complaint be dismissed with prejudice. As discussed above, the precise procedural mechanism under which the judge decided the sua sponte motion to dismiss is unclear. What is clear, however, is that the judge’s dismissal was based on lack of standing and thus want of subject matter jurisdiction. See Mass. R. Civ. P. 12(h)(3) (“Whenever it appears by suggestion of a party or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action”); Sullivan v. Chief Justice for Admin. & Mgt. of the Trial Court, 448 Mass. 15, 21 (2006), and cases cited (“The issue of standing is one of subject matter jurisdiction”).

A complaint that is dismissed for lack of jurisdiction is not an adjudication on the merits. See Mass. R. Civ. P. 41(b)(3), as amended, 454 Mass. 1403 (2009) (involuntary dismissal or “any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction … operates as an adjudication upon the merits”). It is thus inappropriate to attach preclusive effects to the dismissal beyond the matter actually decided–the absence of subject matter jurisdiction. See Restatement (Second) of Judgments § 11, at 108 (1982) (“A judgment may properly be rendered against a party only if the court has authority to adjudicate the type of controversy involved in the action”). The obvious rationale for this rule is that a court without subject matter jurisdiction over a controversy is without authority to issue a binding judgment regarding that controversy. See id. at comment a. The conclusion that Bevilacqua lacks standing to bring a try title action is thus binding on him in future actions but dismissal of this action for want of subject matter jurisdiction does not bar him from bringing other actions regarding title to the property.

7. Conclusion. The Land Court judge properly raised the question whether Bevilacqua has record title to the property such that he has standing to bring a try title action. Bevilacqua has identified no basis on which it might be concluded that he has record title to the property such that a try title action may be sustained. As a result, the Land Court was without jurisdiction to hear the try title action. Dismissal of the petition was therefore proper. The dismissal should have been entered without prejudice, however, and we therefore remand to the Land Court for entry of judgment consistent with this opinion.

So ordered.

 

FN1. We gratefully acknowledge the amicus briefs submitted by the American Land Title Association; the Attorney General of the Commonwealth; the Massachusetts Association of Bank Counsel, Inc.; the Mortgage Bankers Association; Professors Adam J. Levitin, Christopher L. Peterson, Katherine Porter, and John A.E. Pottow; and the WilmerHale Legal Services Center of Harvard Law School.

 

 

FN2. It may not be desirable merely to assume the accuracy of a plaintiffs’s

factual assertions. If a plaintiff brings a try title action and the respondent defaults, “the court shall enter a decree that [the respondent] be forever barred from having or enforcing any such claim adversely to the petitioner.” G.L. c. 240, § 2. As a result, a property owner whose whereabouts are unknown and who is not reached through publication notice might be divested by a plaintiff who is put to no greater evidentiary test than having pleaded facts that the court is obliged to accept as true. See Ginther v. Commissioner of Ins., 427 Mass. 319, 322 (1998). But see G.L. c. 240, § 4 (remedies for those dispossessed by default judgment). Here, for instance, there are no recorded instruments in evidence and Bevilacqua merely has alleged their existence and contents.


A better approach, consistent with the procedure followed in the case of a motion to dismiss due to lack of subject matter jurisdiction, may be to place the burden of proof on the nonmoving party (here, Bevilacqua) to prove jurisdictional facts. See, e.g., Caffyn v. Caffyn, 441 Mass. 487, 491 (2004). As discussed further, infra at–, the existence of record title is a requirement for standing under G.L. c. 240, § 1, and thus a jurisdictional fact. That said, application of a preponderance of the evidence standard may be inappropriate at this stage of a try title proceeding if it is indistinguishable from “the question whether [the plaintiff] has a better title [than the respondent]”–a matter that “is not to be determined in these

proceedings, but in the actions which the respondents may be ordered to bring” as a result of the try title action. Blanchard v. Lowell, 177 Mass. 501, 504-505 (1901). Given these difficulties, it may be necessary to adopt a unique standard of review in future try title actions.

 

 

FN3. As discussed further, infra, the structure of the try title statute is a direct reflection of the limitations inherent in the common-law writ of entry. The try title statute may now be something of an anachronism when it is considered that modern statutes are far more flexible than the common-law writ, see G.L. c. 237; that Massachusetts courts are now vested with equity jurisdiction, see, e.g., G.L. c. 185, § 1 (k ); and that declaratory judgment is now available to litigants in this Commonwealth, see G.L. c. 231A inserted by St.1945, c. 582, § 1.

 

 

FN4. One of the amici has appended to its brief a number of deeds referring to the property at 126-128 Summer Street in Haverhill that were recorded between the time Bevilacqua purchased the property and the date on which he filed his petition. Specifically, Bevilacqua recorded a master deed establishing a condominium that consists of four units. Bevilacqua also recorded three deeds transferring units to various third-party purchasers. These deeds and the conveyances they represent are not matters properly before

the court and do not factor into our analysis. Although nonevidentiary, the deeds are nevertheless noteworthy in that they explain why Bevilacqua’s complaint is drafted to imply possession rather than pleading the matter directly, see Connolley, petitioner, 168 Mass. 201, 203 (1897) (“the only question … is whether the petitioner has a record title to the whole estate”), and in that they highlight the concerns addressed, see note 2, supra, regarding the proper standards of review and evidentiary burdens in a try title action.

 

 

FN5. In determining that a plaintiff under G.L. c. 240, §§ 1-5, must possess both record title and possession, the motion judge quoted Daley v. Daley, 300 Mass. 17, 21 (1938), to the effect that “[a] petition to remove a cloud from the title to land affected cannot be maintained unless both actual possession and the legal title are united in the petitioner.” The Daley case is inapposite, however, because it involves a bill to quiet title pursuant to G.L. c. 240, §§ 6-10, rather than an action to try title pursuant to G.L. c. 240, §§ 1-5. See generally R.W. Bishop, Prima Facie Case § 48.5, at 601-602 (5th ed.2005) (intermingling discussion of both try title and quiet title cases in section entitled “Actions to Try Title”).


An action to quiet title is an in rem action, G.L. c. 240, § 10, brought under the court’s equity jurisdiction. See G.L. c. 185, § 1 (k ); First

Baptist Church of Sharon v. Harper, 191 Mass. 196, 209 (1906) (“in equity the general doctrine is well settled, that a bill to remove a cloud from the land … [requires that] both actual possession and the legal title are united in the plaintiff”). In contrast, an action to try title is an action at law brought against the respondent as an individual. See G.L. c. 240, § 2 (“the court shall enter a decree that [specified adverse claimants] be forever barred from having or enforcing any such claim adversely to the petitioner”); Clouston v. Shearer, 99 Mass. 209, 211, 212-213 (1868) (at time try title statute was enacted in 1851, Massachusetts courts did not yet possess general equity jurisdiction that would permit actions to remove cloud from title [not until 1852] ).


The distinction is critical because the plaintiff in a try title action may defeat the specified adverse claims through a default or by showing title that is merely superior to that of the respondent. See G.L. c. 240, §§ 2-3; Blanchard v. Lowell, 177 Mass. 501, 504-505 (1901). In contrast, a quiet title action requires the plaintiff “not merely to demonstrate better title to the locus than the defendants possess, but requires the plaintiff to prove sufficient title to succeed in its action.” Sheriff’s Meadow Found., Inc. v. Bay-Courte Edgartown, Inc., 401 Mass. 267, 269 (1987). See U.S. Bank, Nat’l Ass’n v. Ibanez, 458 Mass. 637, 645 (2011); Loring v. Hildreth, 170 Mass. 328 (1898). Precedent applicable to one statute, although potentially

persuasive, does not control cases brought under the other statute.

 

 

FN6. Interestingly for purposes of this proceeding, in Arnold v. Reed, 162 Mass. 438 (1894), the court was presented with a try title action where the plaintiff relied on a recorded deed reciting that the grantor possessed good title. Id. at 440. “[T]he recitals [were] not true [however], and this would appear by an examination of the records of the Probate Court.” Id. Accordingly, the mere recording of an instrument with the registry of deeds that purports to transfer ownership was insufficient to create standing under the try title statute. Id. But see Connolley, petitioner, 168 Mass. 201, 203-204 (1897) (petitioner had sufficient record title where his grantor had only 255/264th ownership according to registry records, 246/264th ownership according to wills and registry records, and complete but unrecorded ownership due to adverse possession).

 

 

FN7. We refer in Part 3 to Bevilacqua as the owner of the property, using the term “owner” in a colloquial sense, to distinguish this analysis from our later consideration of Bevilacqua’s claim to hold record title as assignee of the mortgage or as a bona fide purchaser without notice.

 

 

FN8. One amicus appended to its brief a copy of the foreclosure deed and the

legal notice announcing the foreclosure sale. That foreclosure deed recites that “U.S. Bank National Association [U.S. Bank] as Trustee [is the] holder of a mortgage from Pablo Rodriguez” while the notice, recorded with the foreclosure deed, states that “[U.S. Bank as trustee] is the present holder” of the mortgage. Neither of these documents is in evidence and, whether he relied on such representations or not, Bevilacqua’s petition directly contradicts the accuracy of the quoted statements. We rely on the facts pleaded in the petition for purposes of this appeal. See supra at–.

 

 

FN9. In addition, it is difficult, if not impossible, to imagine what kind of action Rodriguez might bring to try his title as mortgagor. Presumably Rodriguez would assert that the purported foreclosure sale was ineffective, that no foreclosure has occurred, and that he thus retains an equity of redemption. Bevilacqua necessarily would agree with these claims, having asserted that he is the mortgage holder, so judgment could enter on the pleadings declaring that Rodriguez enjoys an equity of redemption. Such an action would be nonsensical.

 

 

FN10. Bevilacqua asserts that foreclosure is not an adequate remedy in these circumstances because, he argues with emphasis, if he “is required to foreclose on the mortgage … to clean up his title, this will delay his sale or

refinance for a minimum of about seven to nine months.” Foreclosure, however, is the appropriate remedy for a mortgagee seeking to resolve an outstanding equity of redemption. See Negron v. Gordon, 373 Mass. 199, 205 n. 4 (1977) (listing four methods of foreclosing equity of redemption). Nothing contained herein is intended to limit Bevilacqua’s right, if he can show himself to be mortgagee of the property, to pursue foreclosure under the appropriate statutes. The record does not disclose if Bevilacqua presently holds the promissory note secured by Rodriguez’s mortgage. Whether the holder of a mortgage may foreclose the equity of redemption without also holding the note is a question that is not before us.

 

 

FN11. Bevilacqua’s chain of title as a bona fide purchaser necessarily begins with his quitclaim deed from U.S. Bank. In some States, “[i]t is well settled … that one who has only a quitclaim deed to land cannot claim protection as a bona fide purchaser without notice.” Polhemus v. Cobb, 653 So.2d 964, 967-968 (Ala.1995), quoting Gordon v. Ward, 221 Ala. 173, 174 (1930). “In this Commonwealth, [however,] such a deed is as effectual to transfer whatever title the grantor has in the premises, as a deed with full covenants of warranty. The conveyance in either form is voidable, and not void, if fraudulent as to creditors; and, until defeated by a creditor, the title of the grantor passes.” Mansfield v. Dyer, 131 Mass. 200, 201

(1881). See Boynton v. Haggart, 120 F. 819, 822-823 (8th Cir.1903) (history and evolution of decisions regarding quitclaim deeds, recording statutes, and bona fide purchasers). If a grantor has voidable title to a Massachusetts property, therefore, that title may pass through a quitclaim deed to a bona fide purchaser in whose hands the title is no longer voidable.

 

 

FN12. A registry of deeds may employ several assistant registers who process documents. It is thus possible, although irrelevant for purposes of this decision, that documents presented to different assistant registers at nearly the same time may have book and page numbers that do not reflect the precise order of such overlapping presentations.


END OF DOCUMENT

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



Posted in STOP FORECLOSURE FRAUD4 Comments

2009 Mortgage Assignments – Over a Trillion Dollars – Sure There Were…

2009 Mortgage Assignments – Over a Trillion Dollars – Sure There Were…

COMMENTS  from Lynn Szymoniak re “Linda Green” Mortgage Assignments

On June 29, 2010, Judge William C. Todd, III, entered a lengthy opinion in a NJ foreclosure action, Bank of New York as Trustee v. Michael J. Raftogianis, et al., Case No.F-7356-09, Superior Ct. of NJ, Atlantic County, in a case involving securitization, MERS and questionable mortgage assignments.  These same issues arise in hundreds of thousands of foreclosure cases.  Judge Todd found: “The original complaint in this matter was filed in February, 2009. The plaintiff identified in the complaint was not the original mortgagee. There was no meaningful attempt to comply with the provisions of R. 4:64-1(b)(10) by ‘reciting all assignments in the chain of title…The MERS assignment was not executed and recorded until after the complaint was filed.’ The plaintiff also failed to produce the Note. On page 18 of this Order, Judge Todd notes: “The assignment was executed by one Linda Green, as Vice President of MERS, as nominee for American Home Acceptance. Ms. Green’s signature was notarized.”

Several articles regarding the authority and actions of Linda Green are available on “Fraud Digest.”  In the “pleadings” section, there are examples of the many different Linda Green signatures/forgeries. Green’s “signature” appears on HUNDREDS OF THOUSANDS of mortgage assignments – as an officer of at least 20 different banks and mortgage companies.

DOING THE MATH

The total mortgage loan amount on 500 “Linda Green” Mortgage Assignments is $126,956,912, or approximately $125 million for each 500 Assignments. The average output of Assignments from the Docx office in Alpharetta, Georgia in 2009 was 2,000 Assignments per day.

This would be equivalent to (4 x $125 million) or $500 million each day.  Assuming that Docx operated 5 days a week for 51 weeks (allowing for holidays), the office was open, producing Assignments, 255 days. It is likely that the Linda Green/Docx crew prepared and filed Mortgage Assignments showing One Hundred Twenty-Seven Billion, Five Hundred Million ($127,500,000,000) in mortgages were Assigned in 2009.

The offices of Lender Processing Services in Mendota Heights, Minnesota, seems likely to also have produced 2,000 Assignments each working day.

Jeffrey Stephan from the GMAC offices in Montgomery County, Pennsylvania also is likely to have produced 2,000 Assignments each day.

Bryan Bly of Nationwide Title Clearing also is likely to have produced 2,000 Mortgage Assignments each day.

Scott Anderson of Ocwen Loan Servicing in West Palm Beach, Florida, almost certainly produced an average of 2,000 Assignments a day.

Herman John Kennerty of America’s Servicing Company in Ft. Mill, South Carolina, also is likely to have produced 2,000 Assignments each day.

Erica Johnson-Seck was almost certainly producing Assignments at this same level for IndyMac.

Christina Trowbridge, Whitney Cook, and Stacy Spohn of Chase Home Finance in Franklin, Ohio likely had the same output.

Keri Selman and Renee Hertzler of BAC Home Loan Servicing (formerly Countrywide) in Texas almost certainly produced an average of 2,000 Assignments a day.

If these nine offices each produced 2,000 Assignments a day, the value of the Mortgage Assignments filed by all nine offices in 2009 was One Trillion, One Hundred Forty Seven Billion, Five Hundred Million ($1,147,500,000,000).

Most of these Assignments, of course, were not actually made in 2009.  Trusts and trustees did not rush to acquire over a trillion dollars in sub-prime mortgages in 2009.  The vast majority of these assignments were made solely for the purpose of “facilitating” foreclosures.

Each day, courts, regulators and law enforcement refuse to act on the issue of fraudulent Mortgage Assignments.  By failing to act, they choose to protect the interests of Wall Street securitizers, hedge funds, Deutsche Bank (and other foreign banks), CDO sellers and purchasers, especially Goldman Sachs and investors, particularly Chinese traders.

If homeowners had committed the equivalent crime and filed millions of fraudulent “Satisfaction of Mortgage” documents, the courts and prisons would be filled with defendants. Two systems of justice, one for Wall Street and one for Main Street,  means no justice at all.

(Note: copies of the various versions of the Green signature are in the pleadings section of www.frauddigest.com.)

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



Posted in CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, stop foreclosure fraud1 Comment

MERS 101

MERS 101

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (There is 3)

FK/A a concept “Whole Loan Book Entry” -1989 by Brian Hershkowitz

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Into the Mortgage Netherworld

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TRADEMARK ISSUE?

TM patent was signed/registered in 2003 3-4 years after MERS’ 1999?s date via Fmr. V.P. W. Hultman’s secretary Kathy McKnight [PDF link to depo pages 29-39].

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Resignations

MERS Announces Retirement of President and CEO R.K. Arnold
Industry Veteran Paul Bognanno to be interim President and CEO

1/22/2011

Merscorp Replaces Corporate Secretary William Hultman a Month After CEO Departs

2/18/2011

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STATES V. MERS

KABOOM!!! Bank of America v. Greenleaf | Maine SUP. CT – MERS does not have the power to assign a mortgage in Maine

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VICTORY — Montgomery County, PA v. MERS | MERSCORP, MERS GETS SLAMMED IN PENNSYLVANIA — PLEASE SPREAD FAR AND WIDE

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WILLIAMSON COUNTY, TEXAS ANNOUNCES IT’S RETAINED COUNSEL TO JOIN THE NUECES COUNTY, TEXAS LAWSUIT AGAINST MERSCORP HOLDINGS, INC. AND BANK OF AMERICA ET AL!

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Nueces County, Texas v. MERSCORP Holdings, Inc. et al | Section 51.0001(4) does not redefine MERS as a grantee, beneficiary, owner, or holder of a security instrument

Full 177 Page Report | Audit reveals $1 million revenue loss in Williamson County due to MERS

COMPLAINT | KENTUCKY v. MERSCORP HOLDINGS, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS)

BAIN vs. METROPOLITAN MORTGAGE GROUP INC. | Wash. Supreme Court: MERS CANNOT BE BENEFICIARY IN WASHINGTON STATE!

NIDAY vs GMAC, MERS | Oregon Appeals Court “Non Judicial foreclosures, Oregon Trust Deed Act., MERS has no right to be beneficiary”

MERS RICO COMPLAINT | Doug Welborn East Baton Rouge Parish Clerk of Court vs. BONY, MERSCORP SHAREHOLDERS

Guilford County, NC vs LPS/DocX, MERSCORP, MERS, Inc. et al

COMPLAINT | NEW YORK by ERIC T. SCHNEIDERMAN vs. MERSCORP, MERS, JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A

STATE OF DELAWARE v. MERSCORP, Mortgage Electronic Registration Systems, Inc., (MERS)

COMPLAINT | Commonwealth of Massachusetts vs. MERS, MERSCORP, BofA (BAC), Wells Fargo, CitiMortgage, JPMorgan Chase, Ally

Washington County, Pennsylvania Brings Class Action on behalf of PA’s 67 counties to Recover Recording “MERS” Fees Lost to Wall Street

JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), MERSCORP

CHRISTIAN COUNTY, WASHINGTON COUNTY (KENTUCKY) v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MERS) et al

COMPLAINT | CURTIS HERTEL, NANCY HUTCHINS, REG. OF DEEDS vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MERSCORP, INC.

DE Attorney General Beau Biden sues private mortgage registry MERS for violating Delaware Law

Montgomery County, PA recorder of deeds Nancy Becker to File Lawsuit Against MERS

MERS subpoenaed by New York Attorney General Eric Schneiderman

Bexar County, Texas to Sue MERS Over Lost Fees, Jeopardizing Homeowner’s Clear Title

Houston’s County Will Ask Texas Attorney General to Investigate Suing MERS

Cleveland County, Oklahoma commissioners hires firm to investigate MERS filings

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Eric Holder, Covington & Burling and MERSCORP

 

Eric Holder was a partner with Covington & Burling up until 2009 when he became the US. Attorney General for the Obama Administration. Covington & Burling had MERSCORP as a client.

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EXCLUSIVE: Another Top Justice Official Connection to MERS

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MERS Corporate Seal $25.00!

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MERS has absolutely NO EMPLOYEES.

Deposition of Secretary and Treasurer of MERSCORP- William C. Hultman

Does MERS have any salaried employees?
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn’t hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any
employees?

A No.

Q To whom do the officers of MERS report?
A The Board of Directors.

Q To your knowledge has Mr. Hallinan ever
reported to the Board?
A He would have reported through me if there was
something to report.

Q So if I understand your answer, at least the
MERS officers reflected on Hultman Exhibit 4, if they
had something to report would report to you even though
you’re not an employee of MERS, is that correct?
MR. BROCHIN: Object to the form of the
question.
A That’s correct.

Q And in what capacity would they report to you?
A As a corporate officer. I’m the secretary.

Q As a corporate officer of what?
Of MERS.

Q So you are the secretary of MERS, but are not
an employee of MERS?
A That’s correct.

[etc…]

Q How many assistant secretaries have you
appointed pursuant to the April 9, 1998 resolution; how
many assistant secretaries of MERS have you appointed?

A I don’t know that number.

Q Approximately?
A I wouldn’t even begin to be able to tell you
right now.

Q Is it in the thousands?
A Yes.

Q Have you been doing this all around the
country in every state in the country?
A Yes.

Q And all these officers I understand are unpaid
officers of MERS?

A Yes.

Q And there’s no live person who is an employee
of MERS that they report to, is that correct, who is an
employee?

MR. BROCHIN: Object to the form of the
question.

A There are no employees of MERS.

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Is this the Cycle?

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[VIDEO] MERSCORP CEO “There are 20,000 (robo-signers) of those nationwide”

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MERS _MOODY’S_1999

MERS has some mechanisms in place to try to make it more bankruptcy remote than its parent.
MERS has an independent director, formalities to indicate separateness from MERSCORP, the
requirement to have a unanimous vote of the board of directors to put itself into bankruptcy, and
the requirement that the independent director has to agree to incur indebtedness.

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MERS SHAREHOLDERS/ OWNERS

The following organizations are current MERSCORP Holdings shareholders:

  • American Land Title Association
  • Bank of America
  • CCO Mortgage Corporation
  • CitiMortgage, Inc.
  • CRE Finance Council
  • CoreLogic
  • Corinthian Mortgage Corporation
  • EverHome Mortgage Company
  • Fannie Mae
  • First American Title Insurance Corporation
  • Freddie Mac
  • GMAC Residential Funding Corporation
  • Guaranty Bank
  • HSBC Finance Corporation
  • MGIC Investor Services Corporation
  • Morserv, Inc.
  • Mortgage Bankers Association
  • PMI Mortgage Insurance Company
  • Stewart Title Guaranty Company
  • SunTrust Morgage, Inc.
  • United Guaranty Corporation
  • Wells Fargo Bank, N.A.
  • WMC Mortgage Corporation

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NOW, There’s Issues With MERS “UNIQUE”, “INVALID” Mortgage Identification Numbers (MIN)

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WHO IS MERS?

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Although only bankers are aware of it, there is a second wave of economic disaster starting to build up that will make the earlier one pale into insignificance. Let us start out with MERS, shall we?

MERS – Mortgage Electronic Registration Inc. – holds approximately 60 million American mortgages and is a Delaware corporation whose sole shareholder is Mers Corp. MersCorp and its specified members have agreed to include the MERS corporate name on any mortgage that was executed in conjunction with any mortgage loan made by any member of MersCorp. (UPDATE 12/13/2010: 66 MILLION American Mortgages)

Thus in place of the original lender being named as the mortgagee on the mortgage that is supposed to secure their loan, MERS is named as the “nominee” for the lender who actually loaned the money to the borrower. In other words MERS is really nothing more than a name that is used on the mortgage instrument in place of the actual lender. MERS’ primary function, therefore, is to act as a document custodian.

MERS was created solely to simplify the process of transferring mortgages by avoiding the need to re-record liens – and pay county recorder filing fees – each time a loan is assigned. Instead, servicer’s record loans only once and MERS’ electronic system monitors transfers and facilitates the trading of notes. It has very conservatively estimated that as of February, 2010, over half of all new residential mortgage loans in the United States are registered with MERS and recorded in county recording offices in MERS’ name

MersCorp was created in the early 1990’s by the former C.E.O.’s of Fannie Mae, Freddie Mac, Indy Mac, Countrywide, Stewart Title Insurance and the American Land Title Association. The executives of these companies lined their pockets with billions of dollars of unearned bonuses and free stock by creating so-called mortgage backed securities using bogus mortgage loans to unqualified borrowers thereby creating a huge false demand for residential homes and thereby falsely inflating the value of those homes. MERS marketing claims that its “paperless systems fit within the legal framework of the laws of all fifty states” are now being vetted by courts and legal commentators throughout the country.

The MERS paperless system is the type of crooked rip-off scheme that is has been seen for generations past in the crooked financial world. In this present case, MERS was created in the boardrooms of the most powerful and controlling members of the American financial institutions. This gigantic scheme completely ignored long standing law of commerce relating to mortgage lending and did so for its own personal gain.

That the inevitable collapse of the crooked mortgage swindles would lead to terrible national repercussions was a matter of little or no interest to the upper levels of America’s banking and financial world because the only interest of these entities was to grab the money of suckers, keep it in the form of ficticious bonuses, real estate and very large accounts in foreign banks. The effect of this system has led to catastrophic meltdown on both the American and global economy.

MERS, as has clearly been proven in many civil cases, does not hold any promissory notes of any kind. A party must have possession of a promissory note in order to have standing to enforce and/or otherwise collect a debt that is owed to another party. Given this clear-cut legal definition, MERS does not have legal standing to enforce or collect on the over 60 million mortgages it controls and no member of MERS has any standing in an American civil court.

MERS has been taken to civil courts across the country and charged with a lack of standing in repossession issues. When the mortgage debacle initially, and inevitably, began, MERS always routinely brought actions against defaulting mortgage holders purporting to represent the owners of the defaulted mortgages but once the courts discovered that MERS was only a front organization that did not hold any deed nor was aware of who or what agencies might hold a deed, they have routinely been denied in their attempts to force foreclosure.

In the past, persons alleging they were officials of MERS in foreclosure motions, purported to be the holders of the mortgage, when, in fact, they not only were not the holder of the mortgage but, under a court order, could not produce the identity of the actual holder. These so-called MERS officers have usually been just employees of entities who are servicing the loan for the actual lender. MERS, it is now widely acknowledged by the courts, has no legal right to foreclose or otherwise collect debt which are evidenced by promissory notes held by someone else.

The American media routinely identifies MERS as a mortgage lender, creditor, and mortgage company, when in point of fact MERS has never loaned so much as a dollar to anyone, is not a creditor and is not a mortgage company. MERS is merely a name that is printed on mortgages, purporting to give MERS some sort of legal status, in the matter of a loan made by a completely different and almost always,a totally unknown entity.

The infamous collapse of the American housing bubble originated, in the main, with one Angelo Mozilo, CEO of the later failed Countrywide Mortgage.

Mozilo started working in his father’s butcher shop, in the Bronx, when he was ten years old. He graduated from Fordham in 1960, and that year he met David Loeb. In 1968, Mozilo and Loeb created a new mortgage company, Countrywide, together. Mozilo believed the company should make special efforts to lower the barrier for minorities and others who had been excluded from homeownership. Loeb died in 2003

In 1996, Countrywide created a new subsidiary for subprime loans.  Countrywide Financial’s former management

  • Angelo R. Mozilo, cofounder, chairman of the board, chief executive officer
  • David S. Loeb, cofounder, President and Chairman from 1969 to 2000
  • David Sambol, president, chief operating officer, director
  • Eric P. Sieracki, chief financial officer, executive managing director
  • Jack Schakett, executive managing director, chief operating officer
  • Kevin Bartlett, executive managing director, chief investment officer
  • Andrew Gissinger, executive managing director, chief production officer, Countrywide Home Loans[14]
  • Sandor E. Samuels, executive managing director, chief legal officer and assistant secretary
  • Ranjit Kripalani, executive managing director and president, Capital Markets
  • Laura K. Milleman, senior managing director, chief accounting officer
  • Marshall Gates, senior managing director, chief administrative officer
  • Timothy H. Wennes, senior managing director, president and chief operating officer, Countrywide Bank FSB
  • Anne D. McCallion, senior managing director, chief of financial operations and planning
  • Steve Bailey, senior managing director of loan administration, Countrywide Home Loans

The standard Countrywide procedure was to openly solicit persons who either had no credit or could not obtain it, and, by the use of false credit reports drawn up in their offices, arrange mortgages. The new home owners were barely able to meet the minimum interest only payments and when, as always happens, the mortgage payments are increased to far, far more than could be paid, defaults and repossessions were inevitable.

Countrywide sold these mortgages to lower-tier banks which in turn, put them together in packages and sold them to the large American banks. These so-called “bundled mortgages” were quickly sold by these major banking houses to many foreign investors with the comments that when the payments increased, so also would the income from the original mortgage. In 1996, Countrywide created a new subsidiary for subprime loans.

At one point in time, Countrywide Financial Corporation was regarded with awe in the business world. In 2003, Fortune observed that Countrywide was expected to write $400 billion in home loans and earn $1.9 billion. Countrywide’s chairman and C.E.O., Angelo Mozilo, did rather well himself. In 2003, he received nearly $33 million in compensation. By that same year, Wall Street had become addicted to home loans, which bankers used to create immensely lucrative mortgage-backed securities and, later, collateralized debt obligations, or C.D.O.s—and Countrywide was their biggest supplier. Under Mozilo’s leadership, Countrywide’s growth had been astonishing.

He was aiming to achieve a market share—thirty to forty per cent—that was far greater than anyone in the financial-services industry had ever attained. For several years, Countrywide continued to thrive. Then, inevitably, in 2007, subprime defaults began to rocket upwards , forcing the top American bankers to abandoned the mortgage-backed securities they had previously prized. It was obvious to them that the fraudulent mortgages engendered by Countrywide had been highly successful as a marketing program but it was obvious to everyone concerned, at all levels, that the mortgages based entirely on false and misleading credit information were bound to eventually default. In August of 2007, the top American bankers cut off Countrywide’s short-term funding which seriously hindered its ability to operate, and in just a few months following this abandonment, Mozilo was forced to choose between bankruptcy or selling out to the best bidder.

In January, 2008, Bank of America announced that it would buy the company for a fraction of what Countrywide was worth at its peak. Mozilo was subsequently named a defendant in more than a hundred civil lawsuits and a target of a criminal investigation. On June 4th, 2007 the S.E.C., in a civil suit, charged Mozilo, David Sambol, and Eric Sieracki with securities fraud; Mozilo was also charged with insider trading. The complaint formalized a public indictment of Mozilo as an icon of corporate malfeasance and greed.

In essence, not only bad credit risks were used to create and sell mortgages on American homes that were essentially worthless. By grouping all of these together and selling them abroad, the banks all made huge profits. When the kissing had to stop, there were two major groups holding the financial bag. The first were the investors and the second were, not those with weak credit, but those who had excellent credit and who were able, and willing to pay off their mortgages.

Unfortunately, just as no one knows who owns the title to any home in order to foreclose, when the legitimate mortgage holder finally pays off his mortgage, or tries to sell his house, a clear title to said house or property cannot ever be found so, in essence, the innocent mortgage payer can never own or sell his house. This is a terrible economic time bomb quietly ticking away under our feet and if, and when, it explodes, another aspect of our former lives are but a fond memory.

Peter Stahl

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Basic Corporate Information

  • MERS is incorporated within the State of Delaware.
  • MERS was first incorporated in Delaware in 1999.
  • The total number of shares of common stock authorized by MERS’ articles of incorporation is 1,000.
  • The total number of shares of MERS common stock actually issued is 1,000.
  • MERS is a wholly owned subsidiary of MERSCorp, Inc.
  • MERS’ principal place of business at 1595 Spring Hill Road, Suite 310, Vienna, Virginia 22182
  • MERS’ national data center is located in Plano, Texas.
  • MERS’ serves as a “nominee” of mortgages and deeds of trust recorded in all fifty states.
  • Over 50 million loans have been registered on the MERS system. (UPDATE 9/1/2010: 65 MILLION American Mortgages)
  • MERS’ federal tax identification number is “541927784”.

The Nature of MERS’ Business

  • MERS does not take applications for, underwrite or negotiate mortgage loans.
  • MERS does not make or originate mortgage loans to consumers.
  • MERS does not extend any credit to consumers.
  • MERS has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as “nominee”.
  • MERS does not service mortgage loans.
  • MERS does not sell mortgage loans.
  • MERS is not an investor who acquires mortgage loans on the secondary market.
  • MERS does not ever receive or process mortgage applications.
  • MERS simply holds mortgage liens in a nominee capacity and through its electronic registry, tracks changes in the ownership of mortgage loans and servicing rights related thereto.
  • MERS© System is not a vehicle for creating or transferring beneficial interests in mortgage loans.
  • MERS is not named as a beneficiary of the alleged promissory note.

Ownership of Promissory Notes or Mortgage Indebtedness

  • MERS is never the owner of the promissory note for which it seeks foreclosure.
  • MERS has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as “nominee”.
  • MERS has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as “nominee”
  • MERS has no legal or beneficial interest in the mortgage indebtedness underlying the security instrument for which it serves as “nominee”.
  • MERS has no interest at all in the promissory note evidencing the mortgage indebtedness.
  • MERS is not a party to the alleged mortgage indebtedness underlying the security instrument for which it serves as “nominee”.
  • MERS has no financial or other interest in whether or not a mortgage loan is repaid.
  • MERS is not the owner of the promissory note secured by the mortgage and has no rights to the payments made by the debtor on such promissory note.
  • MERS does not make or acquire promissory notes or debt instruments of any nature and therefore cannot be said to be acquiring mortgage loans.
  • MERS has no interest in the notes secured by mortgages or the mortgage servicing rights related thereto.
  • MERS does not acquire any interest (legal or beneficial) in the loan instrument (i.e., the promissory note or other debt instrument).
  • MERS has no rights whatsoever to any payments made on account of such mortgage loans, to any servicing rights related to such mortgage loans, or to any mortgaged properties securing such mortgage loans.
  • The note owner appoints MERS to be its agent to only hold the mortgage lien interest, not to hold any interest in the note.
  • MERS does not hold any interest (legal or beneficial) in the promissory notes that are secured by such mortgages or in any servicing rights associated with the mortgage loan.
  • The debtor on the note owes no obligation to MERS and does not pay MERS on the note.

MERS’ Accounting of Mortgage Indebtedness / MERS Not At Risk

  • MERS is not entitled to receive any of the payments associated with the alleged mortgage indebtedness.
  • MERS is not entitled to receive any of the interest revenue associated with mortgage indebtedness for which it serves as “nominee”.
  • Interest revenue related to the mortgage indebtedness for which MERS serves as “nominee” is never reflected within MERS’ bookkeeping or accounting records nor does such interest influence MERS’ earnings.
  • Mortgage indebtedness for which MERS serves as the serves as “nominee” is not reflected as an asset on MERS’ financial statements.
  • Failure to collect the outstanding balance of a mortgage loan will not result in an accounting loss by MERS.
  • When a foreclosure is completed, MERS never actually retains or enjoys the use of any of the proceeds from a sale of the foreclosed property, but rather would remit such proceeds to the true party at interest.
  • MERS is not actually at risk as to the payment or nonpayment of the mortgages or deeds of trust for which it serves as “nominee”.
  • MERS has no pecuniary interest in the promissory notes or the mortgage indebtedness for which it serves as “nominee”.
  • MERS is not personally aggrieved by any alleged default of a promissory note for which it serves as “nominee”.
  • There exists no real controversy between MERS and any mortgagor alleged to be in default.
  • MERS has never suffered any injury by arising out of any alleged default of a promissory note for which it serves as “nominee”.

MERS’ Interest in the Mortgage Security Instrument

  • MERS holds the mortgage lien as nominee for the owner of the promissory note.
  • MERS, in a nominee capacity for lenders, merely acquires legal title to the security instrument (i.e., the deed of trust or mortgage that secures the loan).
  • MERS simply holds legal title to mortgages and deeds of trust as a nominee for the owner of the promissory note.
  • MERS immobilizes the mortgage lien while transfers of the promissory notes and servicing rights continue to occur.
  • The investor continues to own and hold the promissory note, but under the MERS® System, the servicing entity only holds contractual servicing rights and MERS holds legal title to the mortgage as nominee for the benefit of the investor (or owner and holder of the note) and not for itself.
  • In effect, the mortgage lien becomes immobilized by MERS continuing to hold the mortgage lien when the note is sold from one investor to another via an endorsement and delivery of the note or the transfer of servicing rights from one MERS member to another MERS member via a purchase and sale agreement which is a non-recordable contract right.
  • Legal title to the mortgage or deed of trust remains in MERS after such transfers and is tracked by MERS in its electronic registry.

Beneficial Interest in the Mortgage Indebtedness

  • MERS holds legal title to the mortgage for the benefit of the owner of the note.
  • The beneficial interest in the mortgage (or person or entity whose interest is secured by the mortgage) runs to the owner and holder of the promissory note and/or servicing rights thereunder.
  • MERS has no interest at all in the promissory note evidencing the mortgage loan.
  • MERS does not acquire an interest in promissory notes or debt instruments of any nature.
  • The beneficial interest in the mortgage (or the person or entity whose interest is secured by the mortgage) runs to the owner and holder of the promissory note (NOT MERS).

MERS As Holder

  • MERS is never the holder of a promissory note in the ordinary course of business.
  • MERS is not a custodian of promissory notes underlying the security instrument for which it serves as “nominee”.
  • MERS does not even maintain copies of promissory notes underlying the security instrument for which it serves as “nominee”.
  • Sometimes when an investor or servicer desires to foreclose, the servicer obtains the promissory note from the custodian holding the note on behalf of the mortgage investor and places that note in the hands of a servicer employee who has been appointed as an officer (vice president and assistant secretary) of MERS by corporate resolution.
  • When a promissory note is placed in the hands of a servicer employee who is also an MERS officer, MERS asserts that this transfer of custody into the hands of this nominal officer (without any transfer of ownership or beneficial interest) renders MERS the holder.
  • No consideration or compensation is exchanged between the owner of the promissory note and MERS in consideration of this transfer in custody.
  • Even when the promissory note is physically placed in the hands of the servicer’s employee who is a nominal MERS officer, MERS has no actual authority to control the foreclosure or the legal actions undertaken in its name.
  • MERS will never willingly reveal the identity of the owner of the promissory note unless ordered to do so by the court.
  • MERS will never willingly reveal the identity of the prior holders of the promissory note unless ordered to do so by the court.
  • Since the transfer in custody of the promissory note is not for consideration, this transfer of custody is not reflected in any contemporaneous accounting records.
  • MERS is never a holder in due course when the transfer of custody occurs after default.
  • MERS is never the holder when the promissory note is shown to be lost or stolen.

MERS’ Role in Mortgage Servicing

  • MERS does not service mortgage loans.
  • MERS is not the owner of the servicing rights relating to the mortgage loan and MERS does not service loans.
  • MERS does not collect mortgage payments.
  • MERS does not hold escrows for taxes and insurance.
  • MERS does not provide any servicing functions on mortgage loans, whatsoever.
  • Those rights are typically held by the servicer of the loan, who may or may not also be the holder of the note.

MERS’ Rights To Control the Foreclosure

  • MERS must all times comply with the instructions of the holder of the mortgage loan promissory notes.
  • MERS only acts when directed to by its members and for the sole benefit of the owners and holders of the promissory notes secured by the mortgage instruments naming MERS as nominee owner.
  • MERS’ members employ and pay the attorneys bringing foreclosure actions in MERS’ name.

MERS’ Access To or Control Over Records or Documents

  • MERS has never maintained archival copies of any mortgage application for which it serves as “nominee”.
  • In its regular course of business, MERS as a corporation does not maintain physical possession or custody of promissory notes, deeds of trust or other mortgage security instruments on behalf of its principals.
  • MERS as a corporation has no archive or repository of the promissory notes secured by deeds of trust or other mortgage security instruments for which it serves as nominee.
  • MERS as a corporation is not a custodian of the promissory notes secured by deeds of trust or other mortgage security instruments for which it serves as nominee.
  • MERS as a corporation has no archive or repository of the deeds of trust or other mortgage security instruments for which it serves as nominee.
  • In its regular course of business, MERS as a corporation does not routinely receive or archive copies of the promissory notes secured by the mortgage security instruments for which it serves as nominee.
  • In its regular course of business, MERS as a corporation does not routinely receive or archive copies of the mortgage security instruments for which it serves as nominee.
  • Copies of the instruments attached to MERS’ petitions or complaints so not come from MERS’ corporate files or archives.
  • In its regular course of business, MERS as a corporation does not input the promissory note or mortgage security instrument ownership registration data for new mortgages for which it serves as nominee, but rather the registration information for such mortgages are entered by the “member” mortgage lenders, investors and/or servicers originating, purchasing, and/or selling such mortgages or mortgage servicing rights.
  • MERS does not maintain a central corporate archive of demands, notices, claims, appointments, releases, assignments, or other files, documents and/or communications relating to collections efforts undertaken by MERS officers appointed by corporate resolution and acting under its authority.

Management and Supervision

  • In preparing affidavits and certifications, officers of MERS, including Vice Presidents and Assistant Secretaries, making representations under MERS’ authority and on MERS’ behalf, are not primarily relying upon books of account, documents, records or files within MERS’ corporate supervision, custody or control.
  • Officers of MERS preparing affidavits and certifications, including Vice Presidents and Assistant Secretaries, and otherwise making representations under MERS’ authority and on MERS’ behalf, do not routinely furnish copies of these affidavits or certifications to MERS for corporate retention or archival.
  • Officers of MERS preparing affidavits and certifications, including Vice Presidents and Assistant Secretaries, and otherwise making representations under MERS’ authority and on MERS’ behalf are not working under the supervision or direction of senior MERS officers or employees, but rather are supervised by personnel employed by mortgage investors or mortgage servicers.

This should be a pretty good start for those of you faced with a foreclosure in which MERS is falsely asserting that it is the owner of the promissory note.  Whether MERS is or was ever the holder is a FACT QUESTION which can be determined only by ascertainly the chain of custody of the promissory note.  When the promissory note is lost, missing or stolen, MERS is NOT the holder.

By William A. Roper, Jr. (Copyright 2007)

Excerpted from the MSFraud Forum thread “Facts About MERS / MERS Unmasked”

MSFRAUD.org

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[VIDEO] Christopher L. Peterson: Foreclosure Fiasco? Lost Promissory Notes and the Mortgage Electronic Registration System (MERS)

 

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CHINK IN THE ARMOR

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From the transcript of evidentiary hearing –

MERS v. Cabrera:

“It truly concerns me, however, that thousands and thousands — thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I’m not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn’t own, so I’m not certain of the consequences but it seems vast.”
The Honorable Judge Jon Gordon – September 2005 (Emphasis added)

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MERRIT v. BARTHOLICK, 36 NY 44 – 1867

It has long been held that a ” `mortgage is only an incident to the debt it was given to secure, and cannot be separated therefrom [.]'”
– in NORTHSTREAM INVESTMENTS, INC. v. 1804 COUNTRY STORE CO., 2005


I wish to note, however, that to the extent that the County and various amici argue that MERS has violated the clear prohibition against separating a lien from its debt and that MERS does not have standing to bring foreclosure actions, those issues remain for another day
– in IN THE MATTER OF MERSCORP, INC. v. Romaine, 2006


In addressing the issue of standing, it is well settled that an action to foreclose on a mortgage may not be brought by one who has no title to it and absent transfer of the debt, the assignment of the mortgage is a nullity
– in GRO-WIT CAPITAL, LTD. v. 1080 UTICA, LLC, 2010


An assignment of one paper does not transfer an independent cause of action, as for instance, the assignment of a mortgage does not transfer the bond it is given to secure.
in Brief and Points for Respondent Charles E. Leland


The failure of Warner to produce the bond at the time of the assignment was sufficient to put the respondent on inquiry, and,-if unexplained, to operate as notice of the defect in Warner’s title.
– in McMaster’s Commercial Decisions affecting the Banker and Merchant


Where a mortgage is represented by a bond or other instrument, an assignment of the mortgage without assignment of the underlying note or bond is a nullity
– in US BANK, NA v. Collymore, 2009


Nor is it reasonable to suppose that S purchased the lien independently of the debt, leaving C free to collect both the price from S and the debt from D. Without an assignment of the debt, the purchase of a lien that secures it is a nullity.
– in Some Exceptions to the Suretyship Statute of Frauds: A Tale of Two Courts


This is the necessary legal conclusion and is recognized as the rule by a long course of judicial decisions… for the legal maxim is, the incident shall pass by the grant of the principal, but not the principal by the grant of the incident.
– in in re Brager, 1984


So that, unless we are authorized to say, that such was the intent of the parties, we cannot hold that it did.
in 5-Star Management, Inc. v. Rogers, 1996

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IMPORTANT CASES

Check back frequent as I will be constantly working on this with links

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MERS v. Nebraska Dept of Banking and Finance – State Appellate, MERS demands to be recognized as having no actionable interest in title. 2005, Cite as 270 Neb 529

Merscorp, Inc., et al., Respondents, v Edward P. Romaine, & c., et al., Appellants, et al., Defendant the fact that the Mortgage and Deed of Trust are separated is recognized (concurring opinion). While affirming MERS could enter in the records as “nominee”, the court recognized many inherent problems. Rather than resolve them, they sloughed them off to the legislature. 2006

The Boyko Decision -Federal District Judge Christopher Boyko of the Eastern Division of the Northern District of Ohio Federal Court overturns 14 foreclosure actions with a well reasoned opinion outlining the failure of the foreclosing party to prove standing. This decision started the movement of challenging the standing of the foreclosing party. Oct 2007

Landmark National Bank v Kesler – KS State Supreme Court – MERS has no standing to foreclose and is, in fact, a straw man. Oct 2009.

The importance of the findings of the Supreme Court of Kansas cannot be overemphasized. It is generally the law in all states that if the law of one state has not specifically addressed a specific legal issue that the court may look to the law of states which have. The Kansas Court acknowledged that the case was one of “first impression in Kansas”, which is why the Kansas Court looked to legal decisions from California, Idaho, New York, Missouri, and other states for guidance and to support its decision. As we have previously reported, the Ohio Courts have looked to the legal decisions of New York to resolve issues in foreclosure defense, most notably issues of standing to institute a foreclosure.

It is practically certain that this decision will be the subject of review by various courts. MERS has already threatened a “second appeal” (by requesting “reconsideration” by the Supreme Court of Kansas of its decision by the entire panel of Judges in that Court). However, for now, the decision stands, which decision is of monumental importance for borrowers. It thus appears that the tide is finally starting to turn, and that the courts are beginning to recognize the extent of the wrongful practices and fraud perpetrated by “lenders” and MERS upon borrowers, which conduct was engaged in for the sole purpose of greed and profit for the “lenders” and their ilk at the expense of borrowers.

MERS, Inc., Appellant v Southwest Homes of Arkansas, Appellee The second State Supreme Court ruling – AR 2009

BAC v US Bank – FL Appellate court upholds the concept of determining the standing of the foreclosing party before allowing summary judgement. All cases in FL must now go through this process. If you want to have fun, read the plaintiff’s brief. 2007

Wells Fargo NAS v Farmer Motion to vacate in Supreme Court, Kings County, NY 2009

In Re: Joshua & Stephanie Mitchell – US Federal Bankruptcy Court, NV 2009

In Re: Wilhelm et al., Case No. 08-20577-TLM (opinion of Hon. Terry L. Myers, Chief U.S. Bankruptcy Judge, July 9, 2009) – Chief US Bankruptcy Judge, ID – MERS, by its construction, separates the Deed from the Mortgage

MERS v Johnston – Vermont Superior Court Decision

Wells Fargo v Jordon – OH Appellate Court

Weingartner et al v Chase Home Finance et al – US District Court (Nev): Two pro se plaintiffs sue for relief re: MERS assignments. Very technical decision but two things are apparent. First, the court has little patience for pro se plaintiffs who throw everything out there wasting the court’s time and second, even though the court threw out most of what the plaintiffs were arguing for, they did side with the plaintiff. Provides a good insight to the court’s reasoning vis a vis MERS assignments. Also makes clear you shouldn’t try this from home. Please seek legal counsel.

Schneider et al v Deutsche Bank et al (FL): Class action suit (the filing) seeking to recover actual and statutory damages for violations of the foreclosure process. Provides an excellent description of the securitization process and the problems with assignments. Any person named as a defendant in a suit by Deutsche Bank should contact the firms involved for inclusion in this suit.

JP Morgan Chase v New Millenial et. al. – FL Appellate which clearly demonstrates the chaos which can ensue when there is a failure to register changes of ownership at the county recorder’s office. Everyone operates in good faith, then out of nowhere, someone shows up waving a piece of paper. The MERS system, while not explicitly named, is clearly the culprit of the chaos. 2009

In Re: Walker, Case No. 10-21656-E-11 – Eastern District of CA Bankruptcy court rules MERS has NO actionable interest in title. “Any attempt to transfer the beneficial interest of a trust deed without ownership of the underlying note is void under California law.” “MERS could not, as a matter of law, have transferred the note to Citibank from the original lender, Bayrock Mortgage Corp.” The Court’s opinion is headlined stating that MERS and Citibank are not the real parties in interest.

In re Vargas, 396 B.R. at 517-19. Judge Bufford made a finding that the witness called to testify as to debt and default was incompetent. All the witness could testify was that he had looked at the MERS computerized records. The witness was unable to satisfy the requirements of the Federal Rules of Evidence, particularly Rule 803, as applied to computerized records in the Ninth Circuit. See id. at 517-20. The low level employee could really only testify that the MERS screen shot he reviewed reflected a default. That really is not much in the way of evidence, and not nearly enough to get around the hearsay rule.

In Re: Joshua and Stephanie Mitchell, Case No. BK-S-07-16226-LBR [U.S. Bankruptcy Court, District of Nevada, Memorandum Opinion of August 19, 2008]. Federal Court in Nevada attacked MERS’ purported “authority”, finding that there was no evidence that MERS was the agent of the note’s holder

Mortgage Electronic Registration Systems, Inc. v. Girdvainis, Sumter County, South Carolina Court of Common Pleas Case No. 2005-CP-43-0278 (Order dated January 19, 2006, citing to the representations of MERS and court findings in Mortgage Electronic Registration Systems, Inc. v. Nebraska Dept. of Banking and Finance, 270 Neb. 529, 704 NW 2d. 784). As such, ALL MERS assignments are suspect at best, and may in fact be fraudulent. The Court of Common Pleas of Sumter County, South Carolina also found that MERS’ rights were not as they were represented to be; that MERS had no rights to collect on any debt because it did not extend any credit; none of the borrowers owe MERS any money; that MERS does not own the promissory notes secured by the mortgages; and that MERS does not acquire any loan or extension of credit secured by a lien on real property.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. SAUNDERS2010 ME 79 Docket: Cum-09-640.Supreme Judicial Court of Maine. | Ordered dated August 12, 2010. We conclude that although MERS is not in fact a “mortgagee” within the meaning of our foreclosure statute, 14 M.R.S. §§ 6321-6325, and therefore had no standing to institute foreclosure proceedings, the real party in interest was the Bank and the court did not abuse its discretion by substituting the Bank for MERS. Because, however, the Bank was not entitled to summary judgment as a matter of law, we vacate the judgment and remand for further proceedings.

MERS ‘AGENT’ PREVIOUS MTG FRAUD SCHEME| Mortgage Electronic Registration Systems, Inc. v. Folkes, 2010 NY Slip Op 32007 – NY: Supreme Court The settlement agent on all of the MERS documents was listed as Peter Port, Esq., undeniably plaintiffs agent. According to an affidavit, with documents attached from Ms. Nichole M. Orr, identified as an Assistant Vice President and Senior Operational Risk Specialist for Bank of America Home Loans, the successor-in-interest to plaintiff America’s Wholesale Lender (April 1, 2010)[1] certain wire transfers were made on November 23, 2004 to Mr. Port. The money appears to have come from an account with JP Morgan, but one of the documents also shows, inexplicably, that Mr. Port then sent $435,067.73 of this money to Cheron A. Ramphal at 14917 Motley Road, Silver Springs, MD. It should also be noted, as it was in the decision of February 5, 2008 by Judge Payne, that Mr. Port pled guilty in March 2006 in Federal District Court in New Jersey to providing false documents in a scheme to commit mortgage fraud.

‘NO PROOF’ MERS assigned BOTH Mortgage and NOTE to HSBC|HSBC Bank, etc. v. Miller, et al. The “Assignment of Mortgage,” which is attached as exhibit E to the opposition papers, makes no reference to the note, and only makes reference to the mortgage being assigned. The Assignment has a vague reference to note wherein it states that “the said assignor hereby grants and conveys unto the said assignee, the assignor’s beneficial interest under the mortgage, “but this is the only language in the Assignment which could possibly be found to refer to the note.

Contrary to the affirmation of Ms. Szeliga in which she represented, in paragraph 17, that there was language in the assignment which specifically referred to the note, the assignment in this case does not contain °a specific reference to the Note.

In light of the foregoing, the Court is satisfied that there is insufficient proof to establish that both the note and the mortgage have been assigned to the Plaintiff, and therefore, it is hereby ORDERED that the Plaintiff has no standing to maintain the foreclosure action; and it is further ORDERED that the application of Defendant, Jeffrey F. Miller, to dismiss is granted, without prejudice, to renew upon proof of a valid assignment of the note.

Judge ARTHUR SCHACK’s COLASSAL Steven J. BAUM “MiLL” SMACK DOWN!! MERS TWILIGHT ZONE! | HSBC BANK v. Yeasmin The MERS mortgage twilight zone was created in 1993 by several large “participants in the real estate mortgage industry to track ownership interests in residential mortgages. Mortgage lenders and other entities, known as MERS members, subscribe to the MERS system and pay annual fees for the electronic processing and tracking of ownership and transfers of mortgages. Members contractually agree to appoint MERS to act as their common agent on all mortgages they register in the MERS system.

UNION BANK CO. v. NORTH CAROLINA FURNITURE EXPRESS, LLC.: MERS ‘GETS FORECLOSED’| ASSIGNS NADA TO BAC fka COUNTRYWIDE OHIO COURT OF APPEAL: While an assignment typically transfers the lien of the mortgage on the property described in the mortgage, as BAC acknowledged in its reply brief, an assignee can only take, and the assignor can only give, the interest currently held by the assignor. R.C. 5301.31. With that stated, it is clear under the facts of this case that BAC never obtained an interest in the property; thus, it could not have been substituted as a party-defendant in the 2008 foreclosure action. Here, with respect to the 2008 foreclosure action, the date the last party was served with notice was on January 28, 2009, which was almost six months before the purported assignment from MERS to BAC. Next, on March 11, 2009, the trial court issued a judgment entry of default against MERS foreclosing on its interest in the property. Once again, this default judgment was entered against MERS almost three months before the purported assignment from MERS to BAC occurred. The effect of this default judgment against MERS resulted in MERS having “no interest in and to said premises and the equity of redemption of said Defendants in the real estate described in Plaintiff’s Complaint shall be forever cut off, barred, and foreclosed.” (2008 CV 0267, Mar. 10, 2009 JE). Nevertheless, according to the documents filed by BAC to evidence its assignment from MERS, MERS assigned its interest to BAC on June 1, 2009. (2009 CV 312, Oct. 7, 2009 JE, Ex. A). Consequently, as a result of the already entered default judgment against MERS, when BAC was assigned MERS’ interest in the property on June 1, 2009, BAC did not receive a viable interest in the property. See Quill v. Maddox (May 31, 2002), 2nd Dist. No. 19052, at *2 (mortgagee’s assignee failed to establish that it had an interest in the property, as mortgagee’s interest was foreclosed by the court before mortgagee assigned its interest to assignee, which could acquire no more interest than mortgagee held). Thus, we find that it was reasonable for the trial court to have denied the motion to substitute BAC as a party-defendant for MERS given its lack of interest in the property.

HSBC v. Thompson: HSBC’s Irregularities: Mortgage Documentation and Corporate Relationships with Ocwen, MERS, and Delta Even if HSBC had provided support for the proposition that ownership of the note is not required, the evidence about the assignment is not properly before us. The alleged mortgage assignment is attached to the rejected affidavits of Neil. Furthermore, even if we were to consider this “evidence,” the mortgage assignment from MERS to HSBC indicates that the assignment was prepared by Ocwen for MERS, and that Ocwen is located at the same Palm Beach, Florida address mentioned in Charlevagne and Antrobus. See Exhibit 3 attached to the affidavit of Chomie Neil. In addition, Scott Anderson, who signed the assignment, as Vice-President of MERS, appears to be the same individual who claimed to be both Vice-President of MERS and Vice-President of Ocwen. See Antrobus, 2008 WL 2928553, * 4, and Charlevagne, 2008 WL 2954767, * 1.

MERS v. TORR NY JUDGE SPINNER DENIES Deutsche & MERS for NOT Recording Mortgage, Make up Affidavit and Assignment! MERS ‘QUIET TITLE’ FAIL: To establish a claim of lien by a lost mortgage there must be certain evidence (e.s.) demonstrating that the mortgage was properly executed with all the formalities required by law and proof of the contents (e.s.) of such instrument. … Here Burnett’s affidavit simply states that the original mortgage is not in Deutsch Bank’s files, and that he is advised (e.s.) that the title company is out of business. Burnett gives no specifics as to what efforts were made to locate the lost mortgage…. More importantly, there is no affidavit from MLN by an individual with personal knowledge of the facts that the complete file concerning this mortgage was transferred to Deutsch Bank and that the copy of the mortgage submitted to the court is an authentic copy of Torr’s Mortgage.” (e.s.)

LPP MORTGAGE v. SABINE PROPERTIES: FINAL DISPOSITION| NO Evidence ‘MERS’ Owned The NOTE, Could NOT ASSIGN IT NY SUPREME COURT: FINAL DISPOSITION

Here, there are no allegations or evidence that MERS was the owner of the note such that it could assign it to LPP. Thus, the assignment from MERS was insufficient to confer ownership of the note to LPP and it has no standing to bring this action. Kluge v. F umz ~1, 45 AD2d at 538 (holding that the assignment of a mortgage without transfer of the debt is a nullity); Johnson v. Melnikoff, 20 Misc3d 1142(A), “2 (Sup Ct Kings Co. 2008), n. 2, afr, 65 AD3d 519 (2d Dept 20 1 Oj(noting that assignments by MERS which did not include the underlying debt were a legal nullity); m e Elect ro pic Registration Svstem v, Coakley, 41 AD3d 674 (2d Dept 2007)(holding that MERS had standing to bring foreclosure proceeding based on evidence that MERS was the lawful holder of the promissory note and the mortgage).

Thus, even assuming arguendo that the language of the assignment from MERS to LPP could be interpreted as purporting to assign not only the mortgage but also the note, such assignment is invalid since based on the record, MERS lacked an ownership interest in the note. $ee LaSalle Bank Nat. Ass’n v. Lamv, 12 Misc3d 1191(A), “3 (Sup Ct Suffolk Co. 2006) (noting that “the mortgage is merely an incident of and collateral security for the debt and an assignment of the mortgage does not pass ownership of the debt itself ’);

WACHOVIA BANK, NATIONAL ASSOCIATION, against –STUART BRENNER, et aI. : Defendant’ s answer contains a defense of “lack of standing.” Plaintiff has failed to establish it was the holder of the note and the mortgage securing it when the action was commenced. In that regard, plaintiff relies on an undated assignment of the mortgage by MERS as nominee acknowledged by a Texas notary on July 18, 2009. The note sued on does not contain an indication it has been negotiated. The undated assignment by MERS contains a provision at the assignment of the mortgage is “TOGETHER with the notes described in said mortgage.” The record before me is devoid of proof that MERS as nominee for purposes of recording had authority to assign the mortgage. However, assuming it had such authority since it is a party to the mortgage and such authority might be implied , there has been a complete failure to establish MERS, as a non-party to the note, to negotiate its transfer. A transfer of the note effects a transfer of the mortgage MERS vs. Coakley, 41 AD3 674), the assignment of a mortgage without a valid transfer of the mortgage note is a nullity (Kluge vs. Fugazv, 145 AD2 537).

 

NY BK Court Dissects MERS “INCONSISTENT, DISTORTION” In Re: FERREL L. AGARD

JUDGE SCHACK BLOWS ‘MERS’ and Bank Of New York (BNY) OUT THE DOOR!

WM SPECIALTY MORTGAGE v. JORGE RAMIREZ NO PROOF MERS OWNED THE MORTGAGE AND NOTE

MERS v. MAHENDRA RAMDOOLAR MERS IN NOT THE OWNER OF SUBJECT MORTGAGE AND NOTE

HOLY COW!!! MERS v. MERS NO EVIDENCE IT HAD THE MORTGAGE AND NOTE

MERS V. THOMAS STANDFORD MERS DOES NOT OWN MORTGAGE AND NOTE

MERS V. GAIL PALMORE-ARCHER MERS DOES NOT OWN MORTGAGE AND NOTE

In the Matter of the Foreclosure of Tax Liens MERS GETS CHEWED UP!

LaSalle Bank NA Lori Zwisler; JP Morgan Chase Bank N. MERS FAILS TO ASSIGN MORTGAGE AND NOTE

MERS V. DIANA ESPOSITO NO EVIDENCE MERS PHYSICALLY DELIVERED MORTGAGE AND NOTE

BANK OF NEW YORK V. JOSEPH CERULLO MERS NOT OWNER AND HOLDER OF NOTE MORTGAGE

HSBC V. HENRY FELD MERS NOT HOLDER OWNER OF NOTE

THE BANK OF NY MELLON V. RICHARD BUSTRUC MERS IS NOT OWNER HOLDER OF MORTGAGE AND NOTE

ONEWEST BANK GETS THE BOOT, MERS ASSIGNMENT MAKES NO REFERENCE TO NOTE

NY SUPREME COURT: WELLS FARGO, MERS & STEVEN J. BAUM “FATAL DEFECT”

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DEPOSITIONS:

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MERS DEPO OF CEO RK Arnold 2009

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FULL DEPOSITION of Mortgage Electronic Registration Systems (MERS) PRESIDENT & CEO R.K. ARNOLD “MERSCORP”

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EXCLUSIVE | ‘MERS’ DEPOSITION of SECRETARY and TREASURER of MERSCORP 4/2010

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DEPOSITION of A “REAL” VICE PRESIDENT of MERS WILLIAM “BILL” HULTMAN

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MUST HAVE ARTICLES

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NO. THERE’S NO LIFE AT MERS

by “DinSFLA”

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Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System

by Christopher L. Peterson, Law Professor University of Utah

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“Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to Act “

by John Hooge Attorney at Law /Kansas “Excellent review of MERS cases by Bankruptcy Judges”

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WHISTLE BLOWER | Report On Fraudulent & Forged Assignments Of Mortgages & Deeds In U.S. Foreclosures

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MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD, by Lynn Szymoniak, ESQ.

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MERS POWER POINT PRESENTATION by Christopher Peterson

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Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory by Christopher L. Peterson

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The Big Lie: MERS Mortgages in Massachusetts by Jamie Ranney, Esq.

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ROCKWELL P. LUDDEN, THE MERS MORTGAGE IN MASSACHUSETTS: GENIUS, SHELL GAME, OR INVITATION TO FRAUD?

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Certainty of Title: Perspectives After the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems – Donald J. Kochan

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DYLAN RATIGAN SHOW 10/28/2011

Visit msnbc.com for breaking news, world news, and news about the economy

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State-by-State

MERS Recommended
Foreclosure Procedures

*ORIGINAL 1998*

Corporate Offices

1595 Spring Hill Road, Suite 310

Vienna, VA 22182

[ipaper docId=45020069 access_key=key-1rtz1kmtvwser39cd43 height=600 width=600 /]

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FORECLOSURE MILL EMPLOYEE SIGNATURES

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Courtesy of Chink in the Armor

This is an outdated list.  Even so,  you can see the extent the members,  owners and directors were woven into our lives.  This was done with neither our knowledge or consent.

MERS Directors

Ed Albrigo     
Senior Vice President,
Enterprise Services Freddie Mac
McLean, VA

R.K. Arnold       
President & CEO
MERSCORP, Inc.
Vienna, VA

Barry Bier       
Executive Vice President (retired)
GMAC Residential Holding Corp.
Fort Washington, PA

John Courson        
President and Chief Operating Officer
Mortgage Bankers Association
Washington, DC

Henry Cunningham
President
Cunningham & Company
Greensboro, NC

S.A. Ibrahim     
CEO Radian Group
Philadelphia, PA

John Johnson     
Chairman & CEO
MortgageAmerica, Inc.
Birmingham, AL

Leo Knight     
CEO (retired)
National City Mortgage
Miamisburg, Ohio

Pat Lamb     
President, Mortgage Division (retired)
1st National Bank of Arizona
Scottsdale, AZ

Ron McCord     
Chairman & CEO
First Mortgage Company, LLC
Oklahoma City, OK

Michael Petrie     
President P/R
Mortgage & Investment Corp.
Carmel, IN

Kurt Pfotenhauer
CEO
American Land Title Association
Washington, DC

Bruce Posey
(MERS Subsidiary Director)
President and CEO
Streeter Brothers Mortgage Corp.
Billings, Montana

John Robbins
Managing Director and Special Counsel (retired)
Vertice Lending
San Diego, CA

Deborah Schiavo
Senior Director
Marcus & Millichap
New York, NY

Marianne Sullivan     
Senior Vice President
Fannie Mae
Washington, D.C.

H.G. Waddell
Executive Vice President
United Guaranty Residential Insurance Co.
Greensboro, NC

Michael Young  
Chairman of the Board
Cenlar
Ewing, NJ

MERS Member Banks

#1 Lending LLC
1 Wave Mortgage, LLC
123 Mortgage LLC
1-800-East-West Mortgage Co., Inc.
1952 LLC dba First Mortgage America
1G & Associates International Inc.
1Priceloan.com, LLC
1st 2nd Mortgage Co. of NJ, Inc.
1st Alliance Lending, LLC
1st Alliance Mortgage, LLC
1st American Mortgage, Inc.
1st Central Mortgage, Inc.
1st Chesapeake Home Mortgage
1st Choice Mortgage Banc LLC
1st Choice Mortgage dba for Mikilrobin, Inc.
1st Choice Mortgage Inc
1st Choice Mortgage/Equity Corp. of Lexington
1st Constitution Bank
1st Equity Funding Group Inc.
1st Independence Mortgage Group div of 1st Independence Bank
1st Los Angeles Mortgage Corporation
1st Mariner Bank
1st Maryland Mortgage Corporation
1st Medallion Mortgage Corp.
1st National Lending Services
1st Nationwide Mortgage
1st New England Mortgage Corp. dba 1st Mass.Mtg, 1st Pref Mt.
1st Place Mortgage, LLC
1st Point Lending, Inc
1st Point Lending, LLC
1st Preference Mortgage Corporation
1st Republic Mortgage Bankers, Inc.
1st Service Bank
1st Source Bank
1st State Bank
1st Step Mortgage Group, Inc.
1st Trust Bank for Savings FSB
1st Trust Mortgage Corporation
1st United Bank
21 Asset Management Holdings LLC
215 Holding Co
21st Mortgage Corporation
22 Asset Management Holding, LLC
2CI Direct
360 Mortgage Group, LLC
3RD Financial Service Corporation
406 Partners
7 Bay Traders, LLC
A & N Mortgage Services, Inc.
A Great Mortgage Company, Inc.
A Great Southern Mortgage Corp
A&A Mortgage Inc.
A&C Mortgage LLC
A&D Financial Corp.
A. Anderson Scott Mortgage Group, Inc.
A. M. Robbins Mortgage, Inc.
AA Mortgage Corp
AAA Worldwide Financial, Co.
Aaron Lending, LLC
Aasent Mortgage Corporation
Abacus Financial Inc. dba Get Your Mortgage Here.com
ABBA First Mortgage, Inc.
ABC America’s Best Choice Financial Group, Inc.
ABC Mortgage
ABCO Federal Credit Union
ABI Mortgage, Inc.
ABN AMRO Mortgage Group Inc.
ABS Financial Inc dba Greater Ohio Mortgage
Absolute Home Mortgage Corp.
Absolute Lending Group, LLC
Absolute Mortgage Company
Absolute Mortgage Corporation
Absolute Mortgage Corporation of NC
Abundance Home Mortgage LLC
Abundant Mortgage Inc.
Abwin Mortgage Corporation
Acacia Federal Savings Bank
Academy Mortgage Corporation
Acadia National Mortgage, LLC
Acceptance Capital Mortgage Corporation
Access Capital Funding LLC
Access Capital Group Inc
Access Mortgage and Financial
Access National Mortgage Corporation.
Access One Mortgage Company, LLC
Access Texas Mortgage
AccessPlus Mortgage
Accord Financial
Accredited Home Lenders
ACCU Funding Corporation
Accunetmortgage.com, LLC
Accurate Fidelity Mortgage Corporation
Ace Mortgage Funding LLC dba Millennium Funding Group Group
Ace Mortgage Funding, LLC
Acopia, LLC
Acre Mortgage & Financial, Inc.
ACT Lending Corporation
Action Mortgage, LLC
Adams Mortgage, LLC & Adams Mortgage LLC dba Front Range Mtg
Added Value Inc
Adelo Mortgage, Inc.
Admiral Mortgage, Inc
Advance Mortgage & Investment Company of N. Florida Inc.
Advance Mortgage Corporation
Advance Mortgage Source Inc dba S. Carolina Mortgage Assc
Advanced Concepts Enterprises Inc
Advanced Financial Services, Inc. (aka AFS Financial, Inc.)
Advanced Lending Group dba Nationwide Lending Group
Advanced Mortgage Marketing LLC dba Equity One Mortgage
Advanced Mortgage Services
Advanced Mortgage Systems, LLC
Advantage Home Loans, LLC
Advantage Investors Mortgage Corporation
Advantage Loans, Inc.
Advantage Mortgage of Michigan
Advantage Mortgage of S. Florida
Advantage One Mortgage, Inc.
Advantage Residential Mortgage Company
Advantage/Universal Mortgage Inc dba Advantage
Advantix Lending, Inc.
Advent Mortgage Corp.
Advent Mortgage LLC
Adventas, Inc.
Adventure Mortgage, Inc.
Advisor Net Mortgage LLC
Advisors Mortgage Group LLC
Advisor’s Mortgage, LLC
Aegis Correspondent Corporation
Aegis Funding Corporation
Aegis Lending Corporation
Aegis Mortgage Corporation
Aegis Wholesale Corporation
AFC Mortgage
Affiliated Funding Corporation
Affiliated Mortgage Company
Affiliated Mortgage LLC dba YSU Lending
Affinity Bank
Affinity Group Mortgage Services LLC
Affinity Mortgage Brokers Inc
Affinity Mortgage LLC dba Catholic Home Loan
Agape Financial Group
Agency Mortgage Corporation (Retail)
Agency Mortgage Corporation (Wholesale)
Agents & Builders Mtg. Co., LLC
Agfirst Farm Credit Bank
Aggresive International, Inc
Aggressive Mortgage
AGI Mortgage Lending of Indiana
Agire Mortgage Corporation
AHL, Mortgage, Inc.
AHM Acceptance, Inc.
AIG Federal Savings Bank
Air Academy Federal Credit Union
Air Academy Service Corp.
AKT American Capital Corporation
Alabama Housing Finance Authority
Alabama Telco Credit Union
Alacrity Lending Company
Alameda Mortgage Corporation, A California Corporation
Alarion Bank
Alaska Eastern Partners
Alaska Louisiana Partners
Alaska Seaboard Partners Limited Partnership
Alaska USA Federal Credit Union
Albany Mortgage Group
Alcova Mortgage
Alera Financial LLC
Alerus Financial, N.A.
Alethes, LLC
Aliant Bank
Alkan Mortgage Corp dba Certified Mortgage Planners
All Access Mortgage Corporation
All American Consulting, LLC dba All American Mortgage
All American Home Lending LLC
All American Home Lending, Inc.
All American Home Mortgage Corp.
All American Home Mortgage, LLC
All American Lending, LLC
All American Mortgage Corporation
All California Mortgage dba All American Mortgage
All Finance Mortgage, Inc.
All Home Lending, Inc
All Nation Funding Corp.
All Star Mortgage
All Star Mortgage Corp
All Star Mortgage Corporation
All State Home Mortgage Inc.
All Western Mortgage, Inc.
Allegro Home Loans LLC
Allegro-Mortgage Inc.
Allen Mortgage LC
Allen Tate Mortgage Services, Inc.
Alliance Bancorp
Alliance Bank Corporation
Alliance Financial Resources
Alliance Financing Mortgage Corp.
Alliance Home Funding LLC
Alliance Home Mortgage
Alliance Home Mortgage Inc.
Alliance Lending Inc.
Alliance Mortgage Banking Corp.
Alliance Venture Mortgage, LLC
Allied Commercial Services Inc. dba Capital Mortgage Group
Allied Financial, LLC dba Iron Mortgage
Allied Home Mortgage Capital Corporation
Allied Home Mortgage Corporation
Allied Mortgage Group, Inc.
Allied Mortgage Professionals, Inc.
Allsource Mortgage Inc.
Allstar Mortgage Services LLC
Allstate Home Mortgage, LLC
All-Times Mortgage, Inc.
Alpha Mortgage Corporation
Alpha Mortgage USA
Alpine Bank
Alpine Mortgage LLC
Alpine Mortgage Services, Inc.
ALS – Wilmington Trust Co
ALS 2000-1
ALS 2000-2
ALS 2001-2
ALS FNMA Trust 2001-T1
ALS FNMA Trust 2001-T3
ALS FNMA Trust 2001-T4
ALS in Trust for SASCO
ALS PRIVATE INVESTOR – Bank United
ALS PRIVATE INVESTOR – Mass Mutual
ALS PRIVATE INVESTOR – ONE WILLIAM STREET
ALS Private Investor – Washington Trust
ALS PRIVATE INVESTOR-Quaker City
ALS SASCO 2001-4A
ALS SASCO 2001-5
ALS SASCO 2001-6
ALS SASCO 2001-7A
ALTA Financial Corp
Alta Financial Inc. dba Alta Financial Mortgage
Alterna Mortgage Co.
Alternative Financing Corporation
Alternative Funding Corp
Alternative Mortgage Options, Inc.
Alternative Mortgage Solutions, Inc.
Alternative Resource Services Inc
Altura Credit Union
Amalgamated Bank
Amalgamated Bank (NY)
Ambeck Mortgage Associates
Amber Financial Group, LLC
AMC Mortgage Services Inc.
AmCap Mortgage Ltd
Amera Corporation dba Amera Mortgage Corporation
Amera Mortgage Corporation
Ameribanc Corporation
Ameribank – Warehouse
Ameribank Mortgage Company LLC
America South Mortgage Corp.
AmericaHomeKey
American Acceptance Mortgage, Inc
American Acceptance Mortgage, Inc.
American Advantage Mortgage Company, L.L.C.
American Bancshares Mortgage Corporation
American Bank
American Bank & Trust
American Bank and Trust
American Bank of Commerce
American Bank of Texas N.A.
American Benefit Mortgage Inc.
American Capital Home Loans, LLC
American Capital Mortgage Bankers, Ltd.
American Chartered Bank
American Dream Funding Corporation
American Eagle Federal Credit Union
American Eagle Mortgage Inc
American Enterprise Bank of Florida
American Equity Mortgage
American Family Funding, Inc.
American Family Mortgage, Inc.
American Federal Bank
American Federal Mortgage Corporation
American Fidelity Mortgage Bankers, Inc.
American Fidelity Mortgage Corp.
American Fidelity Mortgage Services, Inc.
American Fidelity, Inc.
American Financial Funding Corp.
American Financial Lending, Inc.
American Financial Mortgage Corporation
American Financial Network, Inc DBA Realty Mortggae Alliance
American Financial Resources Inc.
American Financial Resources Incorporated
American Financial Services
American Financing Corporation
American First Credit Union
American First Real Estate Services, Inc.
American Freedom Group, Inc
American Freedom Mortgage Inc.
American General Financial Services of Arkansas dba MorEquit
American General Mortgage
American Guardian Financial Group Inc.
American Heritage Capital, LP
American Heritage Mortgage Co, LLC
American Home Equity Corporation
American Home Free Mortgage, LLC
American Home Lending Inc. DBA American Home Residential Inc.
American Home Lending USA, LLC
American Home Loan Center, LLC dba Centric Mtg & Nat’l Investment
American Home Loans LLC
American Home Mortgage Company
American Home Mortgage Corp dba American Home Mortgage
American Home Mortgage Holdings, Inc.
American Home Mortgage Investment Corp.
American Home Mortgage Services, Inc.
American Home Mortgage Servicing, Inc.
American Home Mortgage, Inc.
American Homefront Mortgage Funding
American Homestar Mortgage, LLC
American Homestead Mtg. LLC
American Independent Association
American Interbanc Mortgage
American Internet Mortgage, Inc.
American Investors Bank and Mortgage
American Land Title Association
American Lending Group
American Lending Group, Inc.
American Lending Network, Inc.
American Liberty Mortgage & Loan Corporation
American Liberty Mortgage Inc
American Loan Centers
American Midwest Mortgage Corp
American Money Centers Inc.
American Mortgage & Financial Services LLC
American Mortgage Advisors, Inc.
American Mortgage Associates, Inc AR
American Mortgage Company
American Mortgage Corp of South Alabama DBA Mid America Mtg
American Mortgage Corporation
American Mortgage Corporation.
American Mortgage Exchange, Inc.
American Mortgage Express
American Mortgage Express dba Millennium Funding Group
American Mortgage Express Financial
American Mortgage Funding Corporation
American Mortgage Group, Inc. (AZ)
American Mortgage Group, LLC
American Mortgage Home, Inc.
American Mortgage Investment Partners II
American Mortgage Investment Partners LLC
American Mortgage Network, Inc.
American Mortgage of Montana, Inc.
American Mortgage Service Company
American Mortgage Services, Inc.
American Mortgage Specialists Inc.
American Mortgage, Inc
American National Bank – Denver
American National Bank dba Res Mort Services & People’s Nat’l
American National Mortgage Corp DBA Affordable Mortgage Solution
American Pacific Mortgage Corp. dba American Pacific Funding
American Partners Bank
American Pioneer Financial Services, Inc.
American Portfolio Mortgage Corp.
American Prime Finance Services
American Residential Mortgage LP
American Savings Bank
American Security Mortgage Corp.
American South Lending, Inc.
American Southwest Mortgage Corp
American State Bank/Home Loan Center
American Sterling Bank
American Trust & Savings Bank
American Trust Bank Mortgage LLC
American Unified Mortgage, Inc.
American Union Financial Services, Inc.
American United Mortgage Corp
American USA Mortgage P.A.
American West Bank
Americana Mortgage, Inc
AmericanBank, NA
Americanwest Bank
Americap Financial, Inc
Americapital Funding Corp
Americare Inv Group dba Premier Capital Lending Group
Americas First Choice Lending
Americas First Home Mortgage Company
America’s First Mortgage Lending Co
America’s Home Loan Inc.
America’s Home Mortgage, LLC
America’s Lending Solutions LTD
America’s Mortgage Alliance, Inc
America’s Mortgage Banc, Inc.
America’s Mortgage LLC
America’s Mortgage Resource Inc.
America’s Servicing Company
AmericasBANK
Americash
Americasun Financial
Americor Lending Group
Americorp Credit Corporation
AmeriCU Credit Union
Amerifinancial Mortgage Corp.
Amerifirst Financial Corp
AmeriFirst Financial, Inc.
Amerifund Financial Inc. dba All Fund Mortgage
Amerifund Home Mortgage LLC
Amerifund Lending Group dba ALG Real Estate Services,  Inc.
Amerihome Loan Inc.
Amerihome Mortgage Company, LLC
AmeriMortgage Bankers, LLC
Ameri-National a div of National Bank of Kansas City
Ameripath Mortgage
Ameriprise Financial Inc DBA Ameriprise Bank FSB
AmeriPro Funding, Inc.
Amerisave Mortgage Corporation
AmeriServ Financial Bank
AmeriSouth Mortgage Company
AmeriStar Home Mortgage Corp of Pennsylvania
AmeriStar Mortgage Corporation
Ameristar Mortgage.
Ameritrust Mortgage Bankers, Inc.
Ameritrust Mortgage Company, LLC
Ameritrust Mortgage Corporation
Amherst Funding Group LP
Ampro/HicStar
AMS Financial, Inc, dba Advanced Mortgage Services
Amstar Mortgage Corporation
AMTEC Funding Group LLC
AmTrust Bank, A Federal Savings Bank
Amtrust Mortgage Corporation
Anchor Bank Farmington NA
Anchor Bank, N.A.
Anchor Funding Inc.
Anchor Home Mortgage
Anchor Mortgage Services, Inc.
Ancient City Mortgage, Inc.
Andes Financial Inc.
Ann Arbor Mortgage Company LLC
Annandale State Bank
Answer Capital Incorporated dba Answer Capital Mortgage
Answer One Mortgage, Inc.
Anthem Enterprises Inc
Apex Funding Inc.
Apex Lending Inc.
APEX MORTGAGE INC
Apex Mortgage LLC
Appalachian Community Bank
Apple Valley Mortgage, Inc.
Approved Financial Corp
Approved Funding Corp.
Approved Home Lending, Inc.
Approved Home Mortgage, Inc (ME)
Approved Home Mortgage, Inc.
Approved Mortgage Funding LLC
Approved Mortgage Loans, Inc.
Approved Mortgages Inc.
Apreva Financial Corporation dba Apreva Funding
Arbor Homes Mortgage LLC
Arbor Mortgage Corporation
Arbor Realty NPAP Holdings LLC
Arboretum Mortgage Corporation
Arbotco Financial Corporation
ARC 2000 BC-1
ARC Westwood Home Saver Fund I, LP
Arcadian Mortgage Corporation
Arcata Investments 2, LLC
Arce Financial, LLC
Arch Mortgage Corporation
Archer Mortgage
Archway Mortgage, LLC
Archwood Mortgage LLC
Arden Mortgage Co
Ardent Financial Corporation
Arisen Mortgage Corporation
Aristar Mortgage Company
Arizona Federal Credit Union
Arizona State Credit Union
ARK LA TEX Financial Services dba Benchmark Mortgage
Ark Mortgage, Inc.
Arlington Capital Mortgage LLC
ARMC – Alliance Residential Mtg Corp dba Alliance Res. Mtg
Array Financial Group Inc.
Arrowhead Central Credit Union dba Arrowhead Credit Union
Artisan Mortgage, LLC (OH)
Arvest Mortgage Company
Ascella Mortgage, LLC.
Ascent Home Loans, Inc.
Asheford Funding Group LLC
Ashore Funding, Inc.
Ashworth Funding Inc.
Ask for a Loan, Inc.
Aspen Leaf Mortgage, LLC
Aspen Mortgage LLC
Aspire Financial Inc dba Texaslending.com
Asset Capital Mortgage, Inc.
Asset Direct Mortgage LLC
Asset Management Holdings, LLC
Asset Management West 10 LLC
Asset Management West 6, LLC
Asset Management West 7, LLC
Asset Management West 8 LLC
Asset Management West 9, LLC
Asset Management West LLC
Asset Mortgage Corporation
Assets Recovery Center Investments, LLC
Assets Recovery Center LLC
Associated Bank NA
Associated Mortgage Corporation
Assurance Financial Group LLC
Assured Lending Corp.
Assured Mortgage Bankers Corp.
Assured Mortgage, Inc.
Assurity Financial Services, LLC
Astoria Federal Savings and Loan Association
At Home Mortgage Corp.
Atlanta Intown Mortgage, Inc.
Atlantic Pacific Mortgage Corporation
Atlantic Bay Mortgage Group LLC
Atlantic Coast Federal
Atlantic Coast Mortgage Group, Inc.
Atlantic Coast Mortgage Services
Atlantic Federal Credit Union
Atlantic Financial, Inc.
Atlantic First Financial Corporation
Atlantic Home Lending Inc.
Atlantic Home Loans d/b/a Atlantic Home Loans Lcnsd Mtg. Bnkr
Atlantic Home Mortgage, Inc.
Atlantic Mortgage Services Inc.
Atlantic National Bank
Atlantic States Bank – Florida
Atlantis Financial Group, Inc. dba Atlantis Mortgage
Atlantis Mortgage Co., Inc.
Atlas Mortgage Company LLC
Atlas Mortgage, Inc.
Auburn Bank
Augusta Mortgage Co.
Augustine E Asinobi dba Zomek Mortgage/Realty Inc.
Aurgroup Financial Credit Union
Aurora Contract Services, Inc.
Aurora Financial Group, Inc.
Aurora Loan Services LLC
Aurora Loan Services, Inc., Repurchase Lending Division
Aurora Mortgage LLC
AUS Financial Services, Inc.
Austin Perry Financial Corporation
Automated Finance Corporation
Availent Mortgage
Avalon Mortgage, Inc.
Avanta Federal Credit Union
Avanti Financial Network LLC
Avaris Capital
Avelo Mortgage, L.L.C.
Aventus, Inc.
Avenue Bank
Avenue Mortgage Corporation
Avery Financial Group Inc.
Avex Funding Corporation
Avista Solutions
Avizen Lending Solutions Inc
Avrus Financial and Mortgage Services Inc
Axent Funding LLC
Axia Financial LLC
Axiom Financial, LLC
Axiom Mortgage Bankers Corp.
Axis Bancorp Inc.
Axis Financial, LLC
Axis Mortgage & Investments, a/d/o The Biltmore Bank of AZ
Axis Mortgage & Investments, L.L.C.
B&A Mortgage, Inc.
B. R. Mortgage LTD
Back Bay Inc dba Mtg Approval Serv(MA), Approved Mtg. Serv. (FL)
Badger Funding Corp
Bahl & Bahl, Inc.
Baker Mortgage Company, Inc.
Baker Ronan Financial dba First Nations Financial
Baker Street Mortgage
Baltimore County Savings Bank, FSB
Banc Investments Group/Pacific Coast Bankers’ Bancshares
Banc of America Securities LLC (Global ABS)
Banc Ohio Financial
BancCap Advisors LLC
BancFirst
Banco Popular National Association
Banco Popular North America, South Florida Region
Bancocorp Mortgage Inc
BancorpSouth Bank Mortgage Division
Bangor Savings Bank
Bank Independent (Mortgage Lending)
Bank Mortgage Solutions LLC
Bank of America Warehouse Lender
Bank of America, N.A.
Bank of America, N.A.
Bank of America, NA – Reverse Mortgage
Bank of America, NA (formerly Fleet National Bank)
Bank of America, National Association
Bank of America, Ntnl Assoc Trustee/Custodian for WAMU/WMMSC
Bank of America.
BANK OF ANN ARBOR
Bank of Ann Arbor Wholesale Lending Division
Bank of Bartlett
Bank of Blue Valley (Internet)
Bank of Blue Valley (Retail)
Bank of Charles Town
Bank of Colorado
Bank of Commerce
Bank of Elmwood
Bank of England Mortgage Company dba England Lending
Bank of Florida
Bank of Idaho
Bank of Illinois in Normal
Bank of Internet USA
Bank of Jackson Hole
Bank of Lake Mills
Bank of Lee’s Summit
Bank of Little Rock Mortgage Corporation
Bank of New England
Bank of New York Trust Company, N.A.
Bank of North Carolina
Bank of Oklahoma
Bank of Ruston
Bank of San Angelo, N.A., a Branch of First Natl Bk of Balli
Bank of St. Augustine
Bank of Tennessee
Bank of the Cascades
Bank of the Prairie
BANK OF THE WEST, A CALIFORNIA STATE BANKING CORPORATION
Bank of the Wichitas
Bank of Utah
Bank of Whitman
Bank One Trust Company, NA
Bank One, NA (Conduit)
Bank United FSB
Bank VI
Bank2
BankAnnapolis
BankAtlantic
bankcda
Bankers Bank
Bankers Choice Mortgage Corp.
Bankers’ Financial, Inc
Bankers First Mortgage Inc.
Bankers Home Mortgage, Inc
Bankers Mortgage Corporation
Bankers Mortgage of Pasco County, Inc.
Bankers Mortgage Trust Inc
Bankers Trust Co NA
Bankerswest Funding Corporation
BankFirst
BankIowa
Bankline Mortgage Corporation
BankPlus
BankTennessee
Banktrust of AL
BankVista
Bankwest (MN)
Banner Bank
Banner County Bank
Banyan Financial Group Inc.
Barclays Bank PLC
Barclays Pacific Lending Corp.
Barkwood Mortgage Solutions, Inc.
Barnacle Mortgage, Inc.
Barnes Banking Company
Barr Group, Inc.
Barrington Capital Corporation
Barrington Mortgage Corp
Barrons Mortgage Corporation
Barrons Mortgage Group LTD dba goodmortgage.com
Bartlett Mortgage, Inc.
BasePoint Analytics
Bay Banc Mortgage Corporation
Bay Capital Corp.
Bay Equity LLC
Bay Financial Savings Bank FSB
Bay Lending Corp
Bay National Bank
Bay to Bay Lending LLC
Bay Valley Mortgage Group d/b/a Pacific Bay Lending Group
BayCal Financial Mortgage Corporation
Baymont Financial, LTD
BayPort Credit Union
BayRock Mortgage Corporation
Bayshore Financial Corporation
Bayside Mortgage Services Inc.
Baytree Lending Company
Bayview Financial Group, LLC dba Garrow Mortgage
Bayview Home Mortgage Corp
Bayview Loan Servicing, LLC
BBC Funding Corporation, DBA X Loan
BBVA Bancomer USA
Beach First National Bank
Beach Mortgage Co. Inc.
Beacon Financial Mortgage Bankers
Bear Stearns
Beazer Mortgage Corporation
Bednar Inc.
Bell America Mortgage, LLC Dba Bell Mortgage
Bell Home Loans Inc.
Bella Home Mortgage
Bellevue Home Mortgage
Belmont Savings Bank
Beltway Capital, LLC
Belvidere Networking Enterprises
Benchmark Financial Services, Inc.
Benchmark Funding Corporation
Benchmark Home Mortgage Inc.
Benchmark Lending Group, Inc.
Benchmark Mortgage, Inc.
Benchmark Mortgage, LLC DBA Grandmark Mortgage
Beneficial Capital Management Corp.
Benefit Equity Mortgage LLC
Benefit Funding Corporation
Bentwood & Bowden Mortgage Group, Inc
Bergin Financial, Inc.
Berkshire Bank
Berry Hill Inc dba Blue Heron Mortgage Company
Best Mortgage, Inc.
Best Rate Funding Corp.
Bi-Coastal Mortgage Inc.
Big Sky Western Bank
Billings Federal Credit Union
Biltmore Financial Bancorp, Inc.
Biltmore Mortgage & Associates
Birmingham Bancorp Mortgage Corporation
BJK Winston Enterprises Inc dba Financial Advantage Home Loans
BJV Financial Services Inc dba Forum Mortgage Bancorp
Blackhorse Mortgage Corp
Blair Services of America Inc.
Bloomfield State Bank
Blount Ventures, Inc. dba Blount Mortgage
Blue Chip Mortgage Wholesale, LLC
Blue Ridge Investments LLC
Blue Saphire Investments, (CA) Inc
Blue Star Financial Services, Inc.
Blueleaf Lending LLC
BM Real Estate Service Inc
BNC Mortgage, Inc.
BNC National Bank
Boehck Mortgage Co
Boeing Employees’ Credit Union DBA BECU
Bogman, Inc.
Bondcorp Realty Services, Inc.
Boone Bank & Trust Co
Borel Private Bank & Trust Company
Borrowers Choice Mortgage, Inc.
Boston Private Bank & Trust Company
Bottomline Mortgage, Inc.
Boulder West Financial Services Inc.
Boulevard Bank
Boulevard Mortgage Corporation
Bradford Bank
Bradford Mortgage Company
Bradford National Bank
Brainerd Savings and Loan Association
Branch Banking & Trust Company
Brand Mortgage Group LLC
Bravo Credit Corp.
Bremer Bank, N.A.
Brenner Mortgage Corp.
Brentwood Mortgage Services, Inc.
Brian A. Cole & Associates LTD dba First Nations Mtg of Ohio
Bridgeport Lending LLC
Bridgewater Capital, Inc.
Bridgewater Savings Bank
Brier Mortgage Corp.
Bright Mortgage Group, Inc.
Bright Vision Mortgage Inc.
Brighten Lending
Brimfield Bank
Briner, Incorporated
Britton & Koontz Bank National Association
Broadview Mortgage Corporation
BrooksAmerica Mortgage Corp.
Brookside Mortgage Corporation
Brownstone Mortgage & Investments LLC
Bryco Funding Inc
BSI Financial Services, Inc
BSM Financial DBA Bank Source Mortgage
Buckingham Mortgage Corporation
Buddy’s Little Man Inc dba Harbor Financial Mortgage
Budget Mortgage Bankers, L.T.D.
Buffalo Federal Savings Bank
Builder Mortgage Company, Inc.
Builders Mortgage LLC
Burke & Herbert Bank & Trust Company
Busey Bank
Bush & Hewitt Holding, Inc dba Direct Funding
Business Bank of Skagit County
Butler Mortgage Inc.
Buyers Way Home, LLC
BWM Mortgage LLC
Byron Bank
C & T Mortgage LLC
C and F Mortgage Corporation
C&G Financial Services Inc
C.U. Financial, Inc
C2CL, Inc.
Cadence Bank, N.A.
Cal Coast Mortgage Corp.
CALFED CAP REIT
California Bank & Trust
California Empire Bancorp, Inc.
California Financial Group Inc dba California Financial Serv
California Housing Finance Agency
California Mortgage Advisors, Inc.
California Mutual Funding
California Nova Financial, Inc.
California State Teachers’ Retirement System
Cali-Land, Inc. DBA Cali-Land Bankers Home Loan
Calisto Group Inc dba Metro Lending Services
Calliance Realty Fund, LLC
CalPacific Mortgage Inc.
CALPERS (Private)
CalPers Retained Servicing
Calvert Mortgage Company
Cambridge Financial Serivces dba Cambridge Home Loans
Cambridge Funding Group Inc
Cambridge Home Capital, LLC
Cambridge Mortgage Corporation
Cambridge Mortgage Group, LLC
Cambridge Savings Bank
Cameron Financial Group, Inc.
Campbell & Fetter Bank
Campbell Financial Services, Inc.
Canyon National Bank
Capaha Bank
Cape Bank
CapFund Lending
CapGrow Home Mortgage, LLC
Capital Access Mortgage, Inc.
Capital Advantage Mortgage, Inc.
Capital Alliance Advisors Incorporated
Capital American Mortgage Company
Capital Assistance Corp
Capital Bank
Capital Center LLC
Capital City Bank
Capital Concepts, Inc
Capital Credit Union
Capital Direct Financial
Capital Financial Associates, Inc. dba CFA Mortgage
Capital Financial Bancorp, Inc.
Capital Financial Ent. Inc. dba Capital Mortgage Services
Capital Financial Group
Capital Financial Mortgage Corp
Capital Financial Services
Capital Funding Mortgage Company LLC
Capital Hill Mortgage Co., Inc.
Capital Lending
Capital Lending Group LLC
Capital Lending Source, LLC
Capital Mortgage Associates LLC
Capital Mortgage Corporation
Capital Mortgage Finance Corp
Capital Mortgage Funding L.L.C.
Capital Mortgage Inc
Capital Mortgage Services, Inc
Capital One Home Loans LLC
Capital One Home Loans, LLC
Capital One, National Association
Capital Plus Mortgage and Underwriting Services Inc.
Capital Quest Mortgage, Inc.
Capital Reverse Mortgage Group
Capitalbank
CapitalMark Bank & Trust
CapitalSouth Bank
Capitol Commerce Mortgage Company
Capitol Credit Union Service Organization, LLC
Capitol Mortgage Services, Inc.
Capstar Lending, LLC
Capstar Mortgage Bankers, Inc.
Capstone Bank
Capstone Direct Inc.
Capstone Lending Corp
Capstone Mortgage Ind. dba Baker Group
CapWest Mortgage Corporation
Cardinal Banc and Mortgage Corp
Cardinal Financial Company, Limited Partnership
Cardinal Mortgage Inc.
Cardinal Mortgage, P.L.L.C
Carlton Mortgage Services, Inc.
Carnegie First Lending Services
Carolina Bank
Carolina Commerce Bank
Carolina Mortgage / CDJ, Inc
Carolina Mortgage Company of Fayetteville
Carolina Mortgage Group, Inc
Carolina State Mortgage Corporation
Carr and Carr Enterprises Inc. dba Carr Mortgage Funding
Carrington Mortgage Services LLC
Carrollton Mortgage Services, Inc.
Carter Lending Inc.
Carver Federal Savings Bank
Casa Blanca Mortgage Inc. d/b/a Shearson Mortgage
Casa Gran Real Estate Inc dba Padre Mortgage
Casa Linda Mortgage, LTD
Casa Mortgage Inc.
Cascade Bank
Cash Fast Finance, LLC dba Blue Financial
Cash Out Mortgage Corporation
CashCall, Inc.
Cass County Bank
Castle & Cooke Mortgage LLC dba Box Home Loans for Utah Laon
Castle Mortgage
Castle Mortgage of Green Bay, Corp.
Castle Rock Financial Corp
Castlerock Mortgage, LTD
Castleview Home Loans
Castlewood Home Loans, LLC
Catalyst Lending Inc.
Catholic and Community Credit Union
CB&T Mortgage, LLC
CBC Companies
CBC National Bank dba First National Bank of Nassau County
CBSK Financial Group dba American Home Loans
CDC Federal Credit Union
CDC Financial Group Inc
CDC Mortgage Capital Inc.
Cedar Mortgage Company
Cedar Rapids Bank and Trust Company
Cedar River Mortgage L.L.C.
CedartStone Mortgage, LLC
Celbrity Mortgage LLC
Celink
Celtic Bank Corporation
Cenlar FSB
Cenlar FSB – AGGREGATOR
Centennial Bank
Centennial Bank (AR)
Centennial Bank Inc.
Centennial Bank.
Centennial Mortgage and Funding, Inc.
Center State Mortgage
Centier Bank
Centra Credit Union
Central Alabama Mtg., Inc.
Central Banc Mortgage Corporation
Central Bancompany
Central Bancshares
Central Bank
Central Bank and Trust Co
Central Bank of Jefferson County, Inc.
Central Bank of Kansas City
Central Jersey Mortgage Corporation
Central Mortgage Bancorp, Inc.
Central Mortgage Company
Central National Bank
Central National Mortgage
Central Pacific Bank
Central Pacific Home Loans
Central Pacific Mortgage
Central Rockies Mortgage Corp.
Central Texas Mortgage Corp.
CentreBank
Centric Mortgage
Centrue Bank
Centurion Mortgage Inc.
Century Bank
Century Bank (New Mexico)
Century Bank FSB
Century Bank of Kentucky Inc
Century Mortgage Company dba Century Lending Company
Century Pacific Mortgage Corporation
CEREF Partners 1 LP
Certified Funding, LP
Certified Home Loans of Florida
CES Credit Union, Inc.
CF Bank
CFS Mortgage Corporation
CFSC Capital Corp. VIII
Challenge Financial Investors Corp.
Champion Bank
Chapel Hill Mortgage, LLC
Chapel Mortgage Corporation
Charlotte Home Equity LLC
Charter Bank
Charter Capital Corp dba First Capital Group
Charter Mortgage Company, Inc.
Charter One Bank N.A.
Charter Wholesale Mortgage
CharterWest Mortgage, LLC
CharterWest National Bank
Chartwell Mortgage Funding, LLC
Chase Home Finance LLC
Chase Manhattan Mtg. – Deerfield
Chatham & Associates, Inc.
Chemical Bank
Chemtov Mortgage Group Corp.
Cherry Creek Mortgage Company, Inc.
Chervenic Mortgage Group LLC
Chesapeake Bank of Maryland
Chesapeake Unlimited, Inc. dba Chesapeake Home Mortgage
Cheviot Savings Bank
Chevy Chase Bank, FSB
Cheyenne State Bank
CHI Financial, LP
Chicago Bancorp
Chicago Financial Services, Inc.
Chicago Mortgage Funding, LLC
Chicago Mortgage House, LLC
Chicago Mortgage Solutions Co dba Interbank Mortgage Co..
Chicago United Mortgage, Inc.
Chicagoland Home Mortgage Corp.
Chimera Investment Corporation
CHL for CAMC (Distressed Assets)
CHL for Hudson SB, N.A.
CHL for Ohio SB
CHL for Truman Capital Advisors
CHL Mortgage Buyout Trust 98-A
CHL PRIVATE INVESTOR 3001045 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001023 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001178 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001388 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001624 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001627 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001671 (NON-MEMBER)
CHL PRIVATE INVESTOR 7001716 (NON-MEMBER)
Choice Bank
Choice Bank (AZ)
Choice Capital Funding, Inc
Choice Finance Corp.
Choice Lending Corp. dba Choice Lending Group
Choice Lending Group, L.L.C.
Choice Lending Inc.
Choice Mortgage Corp.
Choice One Mortgage, Inc
ChoiceAmerica Lending, LLC
Christen E. Keller dba 1st Sheffield Mortgage
Christopher E. Hobson, Inc. dba Franklin Fin. Integrated Mtg
Churchill Mortgage Corporation
Cimarron Mortgage Company
Cincinnati Federal Savings and Loan Association
Circle One Mortgage Company
Cirrus Mortgage
CIS Financial Services, Inc.
CIT Group, Inc.
Citadel Servicing Corporation
Citi Residential Lending
Citibank (West) FSB
Citibank, FSB
Citibank, NA
Citifinancial Mortgage Company, Inc.
Citigroup Global Markets Realty Corp
Citiline Mortgage Company of Colorado Springs, Inc.
CitiMortage, Inc. as Master Servicer for TVLB
CitiMortgage, Inc.
CitiMortgage, Inc. as Master Servicer for Various Investors
Citimutual Corporation dba CIMU Wholesale
Citizens Bank
Citizens Bank (Delaware)
Citizens Bank (OR).
Citizens Bank (TN)
Citizens Bank Mortgage Company, LLC
Citizens Bank Mortgage Corporation, LLC
Citizens Bank N.A.
Citizens Bank of Ada
Citizens Bank of Connecticut
Citizens Bank of Massachusetts
Citizens Bank of New Hampshire
Citizens Bank of Pennsylvania
Citizens Bank of Rhode Island
Citizens Bank Tri-Cities
Citizens Commerce National Bank
Citizens Community Bank
Citizens Community Bank Mortgage Division
Citizens Fidelity Mortgage Corp.
Citizens Financial Mortgage Inc.
Citizens First Mortgage
Citizens First Mortgage LLC
Citizens First Wholesale Mortgage Company
Citizens Home Loan, Inc.
Citizens Mortgage Corp
Citizens Mortgage Corporation.
Citizens National Bank of Greater St. Louis
Citizens Security Bank & Trust Company
Citizens South Bank
Citizens State Bank dba CSB Mortgage
Citizens State Bank Norwood Young America
Citizens State Bank of Cortez
Citizens Trust Mtg Corp dba CTM Finance Corp.
Citizens Union Bank
City Bank & Trust Co.
City Bank dba City Bank Mortgage
City Capital Mortgage Banking Corp.
City National Bank
Citybank
Cityfirst Mortgage Services, LLC
Citywide Home Loans, A Utah Corporation
Citywide Mortgage Associates, Inc.
Citywide Mortgage Corp.
CJ Unlimited
Clarion Mortgage Capital, Inc.
Clark Welsh Mortgage Group, Inc.
Classic Bank, N.A.
Classic Home Financial, Inc.
Classic Home Loans
Classic Mortgage Corp and Delaware Classic Mortgage Corp
Clayson Mitchell Mortgage Services, LC
Clayton Lender Solutions
Clear 2 Close Mortgage Co. LLP
Clear Progress, Inc.
Clear Vue Capital Corporation
Clearinghouse Community Development Financial
Clearwater Holdings Inc. dba Clearwater Home Mortgage
Clearwater Mortgage, LLC DBA Clearwater Mortgage
Cleveland Street Mortgage
Clifton Savings Bank
CLO Funding Corporation
ClosingHouse.com, Inc.
Clybourn Financial Services, Inc.
CMG Lending
CMG Mortgage, Inc.
CML Direct DBA Creative Mortgage Lending
CMLC Funding Inc
CMMI, LLC
CMS Capital Group, Inc., dba Clear Mortgage Solutions
CNBS Financial Group Inc
CNLBank
Coast 2 Coast Funding Group
Coast Capital Inc dba Coast Capital Mortgage
Coast Mortgage Corporation
Coastal Bend Mortgage Inc dba Global Mortgage Group
Coastal Capital Corp dba Clearlight Mort. Dba The Mort. Shop
Coastal Federal Credit Union
Coastal Finance LLC
Coastal Mortgage
Coastal Mortgage Corporation
Coastal Mortgage Services, Inc.
Coastal States Mortgage Corporation
CoastalStates Bank
Coastway Credit Union
Cobalt Mortgage, Inc.
Coconut Grove Bank
Collateral Security LLC
Colombo Bank FSB
Colonial Bank
Colonial Bank (AL)
Colonial Home Mortgage Company
Colonial Mortgage Services Co of America
Colonial Savings, F.A.
Colonial Virginia Mortgage LLC
Colony Mortgage Lenders, Inc.
Colorado Capital Bank
Colorado Capital Funding, Inc.
Colorado Capital Group, LLC
Colorado Federal Savings Bank
Colorado Home Funding Inc dba American Home Funding
Coltate Capital LLC dba Onyx Financial Group LLC
Columbia Mortgage & Funding Corp
Columbia Mortgage Corp.
Columbia River Bank dba CRB Mortgage Team
Com Unity Lending
Combank Mortgage Company
ComCor Mortgage, a division of Southport Bank
Comerica Bank (Warehouse Lending)
Comerica Bank, A Texas State Chartered Bank
Commander Financial Corporation
Commerce Bank/ North
Commerce Bank/Harrisburg NA
Commerce Mortgage Corp.
Commercial Bank
Commercial Bank – TN
Commercial Bank & Trust Co.
Commonfund Mortgage Corp
Commonwealth Bank
Commonwealth Bank and Trust Company
Commonwealth Mortgage Group LLC
Commonwealth Mortgage of Texas LP
Commonwealth of Massachusetts, Division of Banks
Community Banc Mortgage Corp.
Community Banc Mortgage LLC
Community Bancshares Mortgage Co.
Community Bank
Community Bank – Wheaton/Glen Ellyn
Community Bank & Trust
Community Bank Missoula, Inc.
Community Bank of Mississippi
Community Bank of Northern Virginia
Community Bank of Oak Park River Forest
Community Bank of the Ozarks, Inc.
Community Bank of the South
Community Banks of Colorado dba Bankers Mortgage
Community Banks of Colorado Mortgage Division AFG
Community Central Mortgage Company, LLC
Community Financial Corporation
Community Financial Services Bank
Community First Bank
Community First Bank (AR)
Community First Bank (IN)
Community First Bank of Howard County
Community First Mortgage Inc.
Community First National Bank
Community First National Bank of West Plains
Community FirstBank
Community Home Financial Services, Inc
Community Home Loans LLC
Community Home Mortgage LLC
Community Lending Services
Community Mortgage
Community Mortgage Co. dba Community Mortgage Corp
Community Mortgage Corporation
Community Mortgage Group Inc.
Community Mortgage Services, Inc.
Community National Bank
Community National Bank & Trust of Texas
Community National Bank (KS)
Community National Mortgage Inc dba First Community Mortgage
Community Pride Bank
Community Pride Mortgage Company
Community Resource Bank
Community Resource Mortgage, inc.
Community Shores Bank
Community Trust Bank
Community West Bank NA
CommunityBank of Texas, N.A.
Companion of Greer Mortgage Corp LLC
Compass Bank
Compass Bank f/k/a Texas State Bank
Compass Mortgage, Inc.
Competitive Capital Corporation
Competitive Mortgage Services Corp. dba Competitive Mortgage
Complete Mortgage, Inc.
Complete Service Lending dba Complete Mortgage & Financial S
Comstock Mortgage
Conaught Enterprise Corporation dba Sterling Financial Investments
Concord Financial Inc.
Concord Mortgage Company.
Concord Mortgage Corp
Concord Mortgage, Inc
Concordia Bank & Trust Company
Confidence Mortgage LLC
Conglomerated Mortgage Services, Inc.
Connecticut Community Bank, N.A.
Consolidated Capital Mortgage
Consolidated Consultants Inc
Consolidated Funding Corp. dba Consolidated Home Mortgage
Consolidated Mortgage Services, Inc.
Construction Capital Source, LC
Consumer First Mortgage Inc.
Consumer Home Mortgage Corp of America
Consumer Research Mortgage, LLC
Consumer Solutions, LLC
Consumers Choice Mortgage Company
Consumers Morgage, LLC
Consumers Mortgage Corporation
Consumers Mortgage Corporation of Ohio
Contemporary Mortgage Services, Inc
Contemporary Realty Solutions, Inc.
Continental American Mortgage Corporation
Continental Home Loans Inc.
Continental Mortgage
Continental Mortgage Bankers, Inc
Continental Mortgage Corporation
Contour Mortgage Corporation
Convergent Financial LLC dba Convergent Financial
Coppermark Bank
Coral Mortgage Bankers Corp
Corby Mortgage Services Inc.
Core Mortgage Group LLC
Core Star Financial Group
Corinthian Capital Group, Inc.
Corinthian Mortgage Corporation
Cornerstone Bancor Mortgage Corp
Cornerstone Bank
Cornerstone Bank (ND)
Cornerstone Bank (ND.)
Cornerstone Bank.
Cornerstone Community Bank
Cornerstone Credit Union
Cornerstone Federal Credit Union
Cornerstone Home Mortgage Corp dba MHI Mortgage
Cornerstone Lenders LLC
Cornerstone Mortgage Center Inc.
Cornerstone Mortgage Company
Cornerstone Mortgage Group, LTD
Cornerstone Mortgage, Inc.
Corporate Investors Mortgage Group, Inc.
Corridor Mortgage Group Inc.
Corvus Funding, Inc.
Coulombe & Evered LLC
Country Bank
Country Bank for Savings
Country Club Bank NA
Country Club Mortgage
CountryPlace Mortgage, Ltd.
Countrywide Bank, FSB
Countrywide Financial Corporation
Countrywide Warehouse Lending
County Bank
County Trust Mortgage Bankers Corp
Countybank
Countywide Mortgage Company
Courtesy Mortgage Company, A California Corporation
Courtyard Financial Inc.
Covenant Bank
Covenant Mortgage LLC
Coverdale Mortgage Corp.
Cowlitz Bank dba Bay Mortgage
CPCA Trust, I
Craig Kuper dba Shorecrest Mortgage
Cream City Mortgage Company, Inc.
Creative Mortgage Concepts, Inc.
Creative Mortgage Solutions
Creative Mortgage Solutions, Inc.
Credit Financial Services, LLC dba Alliance Mortgage Group
Credit Northeast Inc.
Credit Suisse Financial Corporation
Credit Suisse First Boston LLC
Credit Union Mortgage Association
Credit-Based Asset Servicing and Securitization LLC
Crescent Bank
Crescent Mortgage Company, a Delaware Corp.
Crescent Mortgage Services, Inc.
Crest Financial Inc
Crestar Mortgage Corporation
Crestline Funding Corp
Crestwood Financial, LTD
Crete Tomalka Mortgage, LLC
CreveCor Mortgage Inc.
Cromwell Mortgage, Inc
Cronin Financial Services LLC
Cronus Capital Group Corp.
Cross Capital LLC
Cross Keys Bank
Cross River Bank
Crosscountry Mortgage, Inc.
Crossfire Financial Network, Inc.
Crystal Clear Mortgage, LLC
Crystal Mortgage Corp.
CS Financial Inc.
CSMC Inc. dba Direct Mortgage Funding
CSW Financial LLC dba Titan Wholesale
CTHM, LLC
CTW Financial Services Inc.
CTX Mortgage Company
CU Home Mortgage Solutions, LLC
CU Mortgage Network, LLC
CU Mortgage Service LLC
CU WEST MORTGAGE #1002900
Cullman Savings Bank
Cunningham and Company
Curtis Mortgage Company, Inc.
CUSO Mortgage, Inc.
CUSO of Hawaii Inc.
CUsource, LLC
Custom Equity Mortgage LLC
Custom Home Lending LLC
Custom Home Loans
Custom Mortgage Corp dba Custom Residential Mortgage
Custom Mortgage Lenders
Custom Mortgage Solutions, Inc.
Custom Mortgage, Inc.
CVK Enterprises, Inc. dba Affinity Mortgage Service
CWM Partners LP dba Citywide Mortgage
CWMBS 2000-11
CWMBS 2001-2
CWMBS 2001-6 Group 1
CWMBS2000-1, Bank of New York as Trustee
CWMBS2000-2, Bank of New York as Trustee
Cypress Point Funding, Inc.
CyVex Group, Inc. dba CyVex Mortgage, Inc.
D&C Financial Corp
D&E Realty Financing and Investment LLC
D&L Enterprises LLC dba Arch City Lending
D&R Financial Group LLC
D. White & Co. LLC
D.L. Evans Bank
Dacotah Bank
Dakota Blue Mortgage LTD
Dakota Community Bank
Dallas Home Loans, Inc.
Danversbank
Darien Financial Services Inc.
Darren Mitchell Brennan dba Brennan Mortgage Group
DAS Acquisition Company, LLC
Dash Funding, LP.
Data Mortgage Inc, dba Essex Mortgage
DataVerify, Inc.
DATCU
David M. Whitsell dba Principal Results
David Petrie
Davis Insurance, Inc
Daylight Discount Mortgage Corp.
DB EMT LLC
DB Structured Products, Inc.
DCG Home Loans Inc.
DD Acquisition Sub LLC
De Anza Capital Inc
De Oro Inc dba De Oro Home Loans
Dean S. Berrett dba Berrett Mortgage Services
Deborah M. Gorman & Associates Home Loans, LLC
Decade Systems Corporation
Decision One Mortgage Company, LLC
Deere Employees Credit Union
Deichmann Mortgage Inc
Del Mar Datatrac Inc. dba Del Mar Database
Del Norte Refi, LLC
Del Norte, Inc.
Del Sur Corp dba Camino Real Mortgage & Star One Mortgage
Del Webb Mortgage Corporation
Delaware State Housing Authority
Dell Franklin Financial
Delta Funding Corporation
Delta Home Loans, Inc dba Go Loan
Delta Trust Mortgage Corporation
Denali Alaskan Federal Credit Union
Denny Hecker Mortgage, LLC
Denver Mortgage Company
Department of Housing and Urban Development
Derek A. Jones dba Legacy Mortgage Group
Desert Community Bank, a division of East West Bank
Desert Hills Bank
Design Mortgage Group.com
Desportes & Selig LLC
Destin First Bank
Deutsche Bank AG New York Branch
Deutsche Bank National Trust Company
Deutsche Bank National Trust Company Americas
Deutsche Bank National Trust Company Americas as Trustee
Deutsche Bank National Trust Company as Trustee
Deutsche Bank Trust Company Americas.
Developer’s Mortgage Company
Devine Lending, LLC
DFB Mortgage, Inc.
DFC Mortgage Services, Inc.
DGG Financial Corporation dba Drexel Lending Group
DHA Financial, Inc. dba Denver Home Approval
DHI Mortgage Company
Diablo Funding Group, Inc dba Bay Bancorp
Diamond Bank
Diamond Bank FSB
Diamond Hills Investment Inc. dba Bankers Direct
Diamond Mortgage, Inc.
Digital Docs
Digital Docs, Inc.
Digital Docs.
Digital Risk, LLC.
Direct Access LLC
Direct Equity Mortgage, LLC
Direct Lending Inc
Direct Loan America, Inc (R)
Direct Mortgage Corp
Direct Mortgage Inc.
Directions Equity LLC
Directors Financial Corp.
Directors Mortgage, Inc.dba USA Direct Funding
Distinctive Home Lending Inc
Diversified Capital Corporation of Tennesee
Diversified Home Mortgage
Diversified Mortgage
Diversified Mortgage Corporation
DMH Mortgage LLC
Doc Tech Inc
Doc Tech, Inc. dba Document Express, Inc.
Document Processing Systems, Inc.
Document Processing Systems, Inc. (DPS)
Document Systems, Inc – Doc Magic
Document Systems, Inc. – Doc Magic
Dollar Mortgage Corporation
Dollarhide Mortgage & Lending
Domestic Bank
Dominion Mortgage Corporation
Domond Financial Services, Inc. dba First Executive Mortgage
Double Tree Mortgage
Douglas County Bank
Dovenmuehle Mortgage, Inc.
Dover Mortgage Company
Downeast Mortgage Corporation
Downs Financial
Dragas Mortgage Company
Drake Mortgage Corp
Draper & Kramer Mortgage Corp. DBA 1st Advantage Mortgage (1)
Draper & Kramer Mortgage Corp. DBA 1st Advantage Mortgage (2)
Dream America, LLC
Dream Home Financial, LLC
Dream House Mortgage Corporation
Dreambuilder Investments Funding III
Dreambuilder Investments, LLC
Drew Mortgage Associates
Dryades Savings Bank FSB
Duke University Federal Credit Union
Dunne & Company Mortgage Lenders Inc
Durango Mortgage LLC
DuTrac Community Credit Union
Duxford Financial, Inc.
Dwight B. Delozier dba LoanStarr Mortgage
DYBN Financial Corporation
Dyck-O’Neal, Inc
Dynamax Mortgage, Inc.
Dynamic Capital Mortgage, Inc.
Dynamic Financial Consultants, Inc
Dynamic Mortgage Financial Corp
Dynamic Mortgage Solutions, LLC
Dynasty Mortgage, Inc.
Dyne Financial LLC
E Mortgage Direct, Inc.
E*Trade Bank
E*Trade Mortgage
E*Trade Savings Bank
E*Trade Wholesale Lending Corp.
Eagle Home Loans Inc.
Eagle Home Mortgage, LLC
Eagle National Bank
Eagle Savings Bank
EagleBank
Earth Mortgage, LP
East West Mortgage Company
East Bay Mortgage, Inc.
East Coast Mortgage and Financial Services Inc.
East Coast Mortgage Corporation
East Coast Mortgage Group, Inc.
East Coast Mortgage Lenders Inc
East Penn Bank division of Harleysville National Bank
East West Bank
East West Home Loan Corporation
Eastern Bank
Eastern Financial Home Loans Corp dba Pacific Direct Lending
Eastern Mortgage Co. Inc.
Eastern Utah Community Federal Credit Union
Eastland Financial Corporation
ebanc Funding, Your Mortgage Lender, LLC
ECC Capital Corp.
Edgartown National Bank
Edgewater Lending Group Inc
Edmond Mortgage, Inc.
Educated Mortgage Services LLC
Effective Mortgage, Inc.
e-Lend Mortgage, LLC
Elite Financial Investments Inc.
Elite Home Loans, Inc.
Elite Mortgage & Investments, LLC
Elite Mortgage Group, Inc.
Elite Mortgage Network, Inc
Elizabeth A. Smith dba The Mortgage Group
Ellie Mae
Elm Street Financial, LLC
E-Loan, Inc.
Elpis Lending Group Inc
Embassy Mortgage Group, Inc.
EMC Holdings LLC dba Englewood Mortgage Company
EMC Mortgage Corporation
Emerald Financial LTD.
Emerald Lending, LLC
Emery Federal Credit Union
eMortgage Management LLC
Empire Financial
Empire Home Loan Corp.
Empire Mortgage IX, Inc.
Empire Mortgage LLC
Empire Mortgage LLC V
Empire Mortgage LLC VII
Empire Mortgage VI, Inc.
Empire Mortgage X, Inc.
Empire Mortgage XI, Inc.
Empire Mortgage XIII, Inc.
Empire State Bank NA
EmpireAmerica LLC
Empirica Development Corporation
Encompass Lending Corp
Encore Credit Corporation
Endeavor Capital LLC dba Homestead Financial Mortgage
Enteprise Mortgage Group, LLC
Enterprise Bank & Trust
Enterprise Bank and Trust Company
Enterprise Bank, N.A.
Entrust Financial Corporation
Entrust Mortgage, Inc
eOption Loan, LLC
EPI Mortgage Center, Inc.
Equifirst Corporation
Equifund, Inc.
Equihome Mortgage Corp
EquiPlus, Inc.
Equipoint Financial Network, Inc.
Equisource Home Mortgage Corporation
Equitable Home Mortgage, Inc.
Equitable Mortgage Corp.
Equitable Mortgage Corporation
Equitable Mortgages of Nebraska Inc
Equitable Trust Mortgage Corporation
Equity Achievement Group, LLC
Equity Bank, NA
Equity Consultants, LLC
Equity Financial Inc
Equity Lending, LLC
Equity Loans LLC
Equity Mortgage Corporation
Equity National Funding Group, Inc.
Equity Now Inc.
Equity One, Inc.
Equity Plus, Inc.
Equity Resources, Inc.
Equity Services, Incorporated
ESB Financial
Essex Mortgage dba Alliance Lending Group
Essex Savings Bank, FSB
Etekcapital, LLC
Euro Mortgage Bankers Inc.
Eustis Mortgage Corporation
EvaBank
Evanston Insurance Company c/o Universal Assurors Agency
Ever Bank
Everbank Reverse Mortgage Company, LLC
Everest Group, Inc. dba Kapt Mortgage
Everett Financial Inc dba Supreme Lending
Evergreen Home Loans
Evergreen Mortgage Corporation dba Evergreen Ohana Group
Evergreen Mortgage Services LLC
EverHome Mortgage Company
Evest Mac Funding 1
Evestmac Funding II LLC
EVOFI ONE
Evolution Funding Group, LLC.
Evolve Mortgage Services Inc.
Excel Bank dba Excel Mortgage Company
Excel Financial Group, LLC
Excel Funding
Excel Home Loan, Inc.
Excel Mortgage Network Inc
Excellence Mortgage, LTD.
Executive Financial Services Co Inc
Executive Home Loans, Inc.
Executive Lending Group, Inc.
Executive Mortgage Group
Executive Mortgage LLC
Executive Mortgage of Michigan LLC
Executive Mortgage Services, Inc.
Expedia Mortgage Company
Expedient Mortgage, Inc.
Expedited Financial Services Inc., dba MORTGAGE EXPEDITORS
Experience Mortgage Inc
Experienced Mortgage Professionals, Inc.
Expert Mortgage Company of Northeast Ohio LTD
Express Capital Lending
Express Financial Corp
Express Loan America, Inc. dba Express Loan America
Express Mortgage
Express Mortgage Group Inc dba Express Mtg Fndg Group
Express One Mortgage Corp.
Extraco Banks, N.A., d.b.a. Extraco Mortgage
Eykis Financial Services, Inc.
EZ Funding Corporation
EZ Mortgage Lending
ezEscrow, Inc., dba Settleware Secure Services
F and B Acquisition Group LLC
F&M Bank Iowa
F&T Mortgage, Inc.
F.T. Financial Inc
Fairfield County Bank
Fairfield Financial Mortgage Group, Inc.
Fairmont Funding Ltd.
Fairpark Mortgage Inc.
Fairway Funding Group, Inc
Fairway Independent Mortgage Corp.
Fairway Mortgage Inc.
Faith Financial Group
Faith Mortgage, LLC
Falcon Capital Funding LLC
Family Choice Mortgage Corporation
Family Finance Mortgage LLC
Family First Mortgage
Family First Mortgage Inc
Family Home Finance LLC
Family Trust Mortgage Group LLC
Fannie Mae
Fannie Mae (Reverse Mortgages)
Farmers & Merchants Bank
Farmers & Merchants Bank of St. Clair
Farmers and Merchants Bank
Farmers and Merchants Bank (FL)
Farmers and Merchants Bank of Long Beach
Farmers Bank & Trust N.A.
Farmers State Bank
Farmers State Bank of Alto Pass
Farwell Lending LLC a subsidiary of Cambridge Savings Bank
FASLO Solutions, LLC
Fay Servicing LLC
Fayette County National Bank
FBC Mortgage LLC
FBI
FBT MORTGAGE L.L.C.
FCI Lender Services, Inc.
FDB Mortgage, Inc.
FDIC as Receiver for First National Bank of Nevada
FDIC as receiver for Franklin Bank SSB
FDIC As Receiver for Franklin Bank, S.S.B.
FDIC as receiver for Miami Valley Bank
FDIC as Receiver of Netbank
Fearon Financial, LLC
Fed Funding Mortgage Corporation
Federal Deposit Insurance Corporation
Federal Guaranty Mortgage Corporation
Federal Home Loan Bank of Atlanta
Federal Home Loan Bank of Boston
Federal Home Loan Bank of Chicago, as MPF
Federal Home Loan Bank of Cincinnati
Federal Home Loan Bank of Dallas
Federal Home Loan Bank of Indianapolis
Federal Home Loan Bank of New York
Federal Home Loan Bank of Pittsburgh
Federal Home Loan Bank of San Francisco
Federal Home Loan Bank of Seattle
Federal Home Loan Bank of Topeka
Federal Home Loan Mortgage Corporation
Federal Mortgage Company Inc
Federated Home Mortgage, Inc.
Federated Lending Corporation
Federated Mortgage Corporation
Federation of Appalachian Housing Enterprises, Inc.
Fidelity & Trust Mortgage, Inc.
Fidelity Bank
Fidelity Bank (MI)
Fidelity Bank, Wichita Falls
Fidelity Financial Mortgage Corp dba Fidelity Mtg Capital
Fidelity Funding Mortgage Corp.
Fidelity Home Mortgage Corporation
Fidelity Information Services
Fidelity Mortgage Corporation
Fidelity Mortgage Group Inc.
Fidelity Mortgage Lending, Inc.
Fidelity Mortgage, Inc.
Fidelity One Mortgage
Fidelity One Mortgage, LLC
Fidelity Savings Bank (PA)
Fidelity State Bank & Trust Co.
Fieldstone Mtg. dba Broad Street Mtg.
Fifth Third Bank
Fifth Third Bank (f/n/a Crown Bank FSB)
Fifth Third Bank (f/n/a Crown Bank)
Fifth Third Bank (f/n/a First Charter Bank)
Fifth Third Mortgage Company
FIMI dba Forum Mortgage
Finance America, LLC
Finance Factors,. LTD
Financial Builders FCU
Financial Capital Inc.
Financial Consolidation & Mortgage Corp. dba FCMC
Financial Mortgage Corporation
Financial Mortgage, Inc.
Financial One Mortgage Corporation
Fine Mark National Bank & Trust
First Access Mortgage Corp.
First Alliance Mortgage Corp of Delaware
First Allied Mortgage, dba Federal Finance
First Alternative Mortgage Corp.
First American Bank and Trust Company
First American Bank Home Mortgage
First American Bank, NA
First American CoreLogic
First American Default Information Services LLC
First American Equity Corporation
First American Fulfillment Solutions
First American Funding Co. LLC
First American Mortgage Trust
First American National Bank Association
First Arkansas Mortgage Company
First Atlantic Bank
First Atlantic Mortgage Services, Inc.
First Bank (VA)
First Bank and Trust of Mississippi
First Bank d.b.a. First Bank Mortgage
First Bank Mortgage, A Division of First Bank of GA
First Bank NC
First Bank of Idaho
First Bank of the Lake
First Banking Center
First Brunswick Mortgage
First California Bank
First California Mortgage Company
First Call Mortgage Company
First Capital Financial Resources
First Capital Fin’l Services Corp dba Full Compass Lending
First Capital Mortgage Group, Inc.
First Capital Mortgage Services Inc.
First Capital Mortgage, LLC
First Capstone Mortgage LLC
First Centennial Mortgage Corp.
First Central Savings Bank
First Central State Bank
First Century Bank, N.A.
First Choice Bank
First Choice Financial Corp.
First Choice Funding Group Ltd.
First Choice Funding, Inc.
First Choice Lending Group, LP
First Choice Mortgage
First Choice Mortgage Services Inc.
First Citizens Bank & Trust Co.
First Citizens Bank and Trust Company Inc
First Citizens National Bank
First City Bank of Florida
First City Mortgage, Inc.
First Coast Lending Inc
First Coastal Mortgage LLC dba HH Mortgage
First Collateral Services, Inc.
First Collinsville Bank
First Colony Mortgage Corporation
First Colorado Trust LLC
First Commercial Bank
First Commercial Bank of Florida, Inc.
First Commonwealth Mortgage Corp
First Community Bank
First Community Bank (MO)
First Community Bank of Crawford County
First Community Credit Union
First Community Credit Union of Houston
First Community Mortgage
First Community Mortgage
First Community Mortgage a Division of First Community Bank
First Community Mortgage Inc.
First Consolidated Mortgage Company
First Continental Mortgage and Investment Corp.
First Continental Mortgage, Ltd.
First County Bank
First Covenent Financial Group, LLC
First Credit Union
First Dakota National Bank
First Eastern Mortgage Corporation
First Educators Credit Union
First Equity Financial Corp. dba First Equity Home Loans
First Equity Financial LLC dba First Equity Financial
First Equity Lending, Inc.
First Equity Mortgage Bankers, Inc.
First Equity Mortgage Inc.
First Equity Mortgage Services, Inc.
First Equity Mortgage, Inc. (AL)
First Family Mortgage, Inc.
First Fed Mortgage, Inc
First Federal Bank
First Federal Bank of California
First Federal Bank of the Midwest
First Federal Bank, FSB
First Federal of Charleston
First Federal Savings and Loan Association of Newark
First Federal Savings Bank
First Federal Savings Bank (IN)
First Federal Savings Bank of Twin Falls
First Federal Savings Bank- TN
First Fidelity Bank, NA
First Fidelity Financial, Inc.
First Financial Bank NA
First Financial Bank, NA
First Financial Bank.
First Financial Company
First Financial Equities, Inc.
First Financial Home Mortgage Corp
First Financial Mortgage
First Financial Mortgage Corp
First Financial Mortgage Corp (KY)
First Financial Services Inc (MI)
First Financial Services, Inc.
First Financial Solutions LLC
First Financial Trust Mortgage, LLC
First FL Lending of Tampa Bay, Inc.
First Florida Bank
First Florida Home Loans
First Florida Lending Corporation
First Florida Mortgage Network, Inc.
First Franklin Financial Corporation
First Funding Financial Services, Inc.
First Funding Group, LLC
First Greensboro Home Equity, Inc.
First Guaranty Financial Corporation
First Guaranty Mortgage Corporation
First Hallmark Mortgage Corp
First Harrison Bank
First Hawaiian Bank
First Home Financial Services, Inc
First Home Mortgage Corporation
First Home Savings Bank
First Hope Bank
First Horizon Home Loans, a div. of FTB
First Houston Mortgage Ltd
First Illinois Mortgage Inc.
First Independent National Bank
First Integrity Mortgage Services, Inc.
First International Bank and Trust
First Internet Bank of Indiana
First Interstate Bank
First Interstate Financial
First Jersey Mortgage Services Inc.
First Liberty Financial Group LLC dba First Liberty Fin Mtg
First Liberty Mortgage LLC
First Lincoln Loan Services, LLC
First Lincoln Mortgage Corp.
First Madison Loan Services LLC
First Madison Mortgage Corp
First Magnus Financial Corporation
First Maine Mortgage LLC
First Mark Mortgage Company, Inc
First Merchants Corporation
First Michigan Bank
First Mid-Illinois Bank & Trust N.A.
First Minnesota Bank
First Missouri National Bank
First Mortgage Banc Corporation
First Mortgage Company, L.L.C.
First Mortgage Corp.
First Mortgage Corporation of South Carolina
First Mortgage Group, Inc.
First Mortgage of Indiana, Inc.
First Mutual Bank
First Mutual Corp
First Mutual Mortgage Corporation
First Mutual Mortgage, Inc.
First National Bank
First National Bank Alaska
First National Bank Crossett
First National Bank Fox Valley
First National Bank Garden City
First National Bank In Alamogordo
First National Bank of America
First National Bank of Arizona (RAPP)
First National Bank of Bastrop
First National Bank of Central Florida
First National Bank of Chester Cnty through American Home Bank
First National Bank of Christiansburg
First National Bank of Durango
First National Bank of Fabens
First National Bank of Midland
First National Bank of Monahans dba Texas Hills Bank
First National Bank of Montana
First National Bank of Nassau County a/d/o CBC National Bank
First National Bank of Northern California
First National Bank of Omaha
First National Bank of Pennsylvania
First National Bank of Santa Fe
First National Bank of the South
First National Bank of Trenton
First National Bank of Wyoming
First National Bank South Dakota
First National Bank, Sallisaw
First National Home Mortgage Corp
First National Mortgage Banc Inc. dba Eagle Mortgage
First Nation’s Home Finance Corp.
First Niagara Bank
First NLC Financial Services, LLC
First Northstar Inc. dba Minnesota Mortgage Connection
First Ohio Banc & Lending
First Old Capital Inc dba Old Capital Residential
First Omni Mortgage Lending
First Option Mortgage
First Pacific Mortgage Co. Inc
First Pacific, Inc.
First Palmetto Mortgage, Inc.
First Peoples Bank
First Portfolio Mortgage Corporation
First Quality Mortgage Company
First Rate Capital Corp.
First Reliance Bank
First Republic Mortgage Corporation dba
First Residential Mortgage Network, Inc.
First Residential Mortgage Services Corporation
First Roosevelt, LLC
First Savings Mortgage Corporation
First Security Bank – AR
First Security Bank of Bozeman
First Security Bank of Missoula
First Security Mortgage Company
First Security Mortgage Services, Inc.
First Security Trust Bank
First Service Mortgage
First Service Mortgage, Inc.
First Solution Lending, Inc.
First Source Mortgage, Inc.
First Southwestern Financial Services
First State Bank
First State Bank – IL
First State Bank (27364)
First State Bank (IN)
First State Bank (TX)
First State Bank and Trust Co
First State Bank Mortgage Company, LLC
First State Bank of Middlebury
First State Bank of the Florida Keys
First State Bank of Wyoming
First State Home Loan
First State Mortgage
First Suffolk Mortgage Corporation
First Switzerland Financial
First Tennessee Bank National Association
First United Bank
First United Bank and Trust Company
First United Home Loans
First United Mortgage Banking Corp.
First United Mortgage Company Inc
First United Mortgage Corporation
First West Mortgage Bankers LTD
First Western Bank & Trust
First Western Funding, LLC
First Western Mortgage Corporation
First Western Mortgage, Inc.
First Wholesale Mortgage Corporation
First Wisconsin Financial, Inc.
First World Mortgage Corporation
FirstBank Holding Company of Colorado/FirstBank of Colorado
Firstco Mortgage Corp.
FirsTier Bank Mortgage Division
Firstline Mortgage Inc.
FirstMac Corporation
Firstrust
FirsTrust Mortgage
Fischer and Fritchel Home Mortgage Co. LLC
Fiserv – Unifi Products Group
Fiserv -MortgageServ
Fiserv Solutions, Inc.
Mortgage
Fitzgerald Mortgage Corp.
Fitzgerald Mortgage, Inc.
Five Points Bank
Five Points Bank of Hastings
Five Star Financial, Inc.
Five Star Partnership, LLC DBA Five Star Mortgage
Flagship Financial Services, Inc.
Flagship Mortgage Banc Inc a Wholly Owned Subsidiary of Old
Flagship Mortgage Corporation
Flagstar Bank
Flaherty Funding Corporation
Flat Branch Mortgage, Inc
Flathead Bank
FlexPoint Funding Corporation
Florida Capital Bank Mortgage
Florida Citizens Bank
Florida Community Bank
Florida Parishes Bank
Floridian Financial Mortgage, LLC
Flower Bank FSB
FM Financial Services, Inc. dba Foundation Mortgage
FM Lending Services, LLC
FM Mortgage Corporation
FMWF Trust
FNT Mortgage Series 2000-1
Focus Financial & Mortgage
Forem Capital Inc.
Foresight Mortgage Corporation
Forest Park National Bank & Trust Co.
Fortes Financial, Inc.
Fortress Financial, LLC
Fortress Mortgage, Inc
Fortune Lending Corporation
Fortune One Mortgage Corporation
FORUM Credit Union dba FORUM Mortgage
Foundation Capital Group Inc.
Foundation Financial Group LLC
Foundation Financial Services, Inc.
Foundation Mortgage
Foundation Mortgage Company Inc.
Foundation Mortgage Corporation
Founders Bank
Founders Bank & Trust
Fountain Grove Mortgage
Fowlaw Enterprises, Inc. dba Oakridge Financial Services
Fox Funding, Inc.
Fox Mortgage, Inc
Franek Home Loans dba East Coast Lending
Frank, Weinberg & Black, P.L.
Franklin American Mortgage
Franklin Credit Management Corporation
Franklin Loan Center
Franklin Mortgage Company
Franklin Savings and Loan Company
Freedom Bank
Freedom Choice Mortgage LLC
Freedom Financial Mortgage Corporation
Freedom Financial Solutions, Inc.
Freedom First Federal Credit Union
Freedom Lending, LLC
Freedom Mortgage Corporation
Freedom Mortgage Corporation – NJ
Freeland, Rogers, LLC DBA Foundation Mortgage Group
Freeman Webb Mortgage Corporation
Freestand Financial Holding Corp
Freestone Enterprises, Inc. dba Freedom American Mortgage
Frels Enterprises, Inc dba Mortgage Associates of Texas
Fremont Bank
Fremont Reorganizing Corp f/k/a Fremont Investment & Loan
Friendswood Financial, LTD
FRMC Financial Inc. dba First Republic Mortgage Corporation
Frontier 2000 Mortgage & Loan, Inc.
Frontier Bank FSB dba El Paseo Bank
Frontier Bank, National Association
Frontier Financial Inc. dba Frontier Mortgage
Frontier Investment Co., dba Rainland Mortgage Company
Frontier Lending Company, LLC
Frontier National Bank
FTN Financial Warehouse Lending
FUCM Private Investor – 1000010455 (NON MEMBER)
FUCM Private Investor – 1000110455 (NON MEMBER)
FUCM Private Investor – 1000210455 (NON MEMBER)
FUCM Private Investor – 1000310455 (NON MEMBER)
Full House Mortgage, Inc.
Fulton Bank dba Fulton Mortgage Company
Funding Resources Mortgage Corp.
Funding Solutions Inc
Fusion Home Loans, LLC
G Squared Financial LLC
Gabriel Mortgage, LLC
Garden City Bank
Garden City State Bank
Gardner Financial Services LTD dba Gardner Financial Service
Gateway Bank Mortgage, Inc.
Gateway Bank, F.S.B.
Gateway Business Bank dba Mission Hills Mortgage Bankers
Gateway Capital Mortgage Corp
Gateway Financial Corporation
Gateway Financial Services, Inc.
Gateway Funding Diversified Mortgage Services LP
Gateway Mortgage Group
Gateway Residential Funding
GB Home Equity LLC A Wisconsin Limited Liability Company
GBC Funding
GCM Mortgage Inc.
GCS Federal Credit Union
GD LLC dba GLF Funding dba Guaranty Lenders Funding
GD Mortgage Inc
GE HF Holdings, Inc.
GE Money Bank
Gecko Mortgage Incorporated
Gemini Bancorp, Limited
GenEquity Mortgage, Inc.
General Mills Federal Credit Union
General Mortgage Company
General Mortgage Corporation of America
General Mortgage Finance Corp
Genesee Regional Bank
Genesis Mortgage Corporation
Geneva Mortgage Corp
Geneva Mortgage Services LLC
Geneva State Bank
Genisys Financial Corp.
GEO Financial, Inc dba Blue Water Mortgage Co
GEO Mortgage Services Inc
GEO-Corp, Inc. dba Interstate Bancorp
George Mason Mortgage Corporation
Georgetown Mortgage Inc dba Home Source Mortgage
Georgetown Mortgage, Inc.
Georgia Bank and Trust
Georgia Banking Company dba GBC Funding
Georgia Banking Company dba National Mortgage Alliance
Georgia Home Mortgage Network Inc.
Gerber Federal Credit Union
German American Bancorp
Gershman Investments Corp.
Gesa Credit Union
GF Mortgage Inc. dba Greystone Financial
GFI Mortgage Bankers Inc
GHS Mortgage dba Windsor Mortgage
Gilpin Financial Services, Inc.
GL Financial Services, LLC
Glacier Bancorp, Inc.
Glacier Bank
Glendive BN FCU
Glenn Computer Corporation
Glenwood Financial, LLC
Global Advisory Group dba Mortgage Lending Group
Global Credit Union
Global Equity Lending Inc.
Global Financial Services
Global Funding Solutions, LLC
Global Home Loans and Finance
Global Lending Inc.
Global Lending Solutions, LLC
Global Lending, LLC
Globe Mortgage America LLC
GMAC Bank
GMAC Bank – Document Custody Services
GMAC Bank (1)
GMAC BANK (TRUSTEE 01)
GMAC BANK ASSET MANAGEMENT CO
GMAC Mortgage, LLC
GMC Lending Services Inc.
GMFS, LLC
GMI Home Loans, LLC dba GMI Funding
GMS Funding L.L.C.
GNL Inc., dba Freedom Mortgage & Loan
Go Blue, Inc. dba The Mortgage Group
Goal Mortgage Funding, Inc.
Gold Bank
Gold Mortgage Banc Inc.
Gold Star Mortgage Financial Group Corporation
Golden Empire Mortgage, Inc.
Golden Equity Mortgage Corp.
Golden First Mortgage Corp
Golden Rule Mortgages, Inc.
Golden West Funding, Inc.
Goldenwest Credit Union
Goldman Sachs Bank USA
Goldman Sachs Mortgage Company
Golf Savings Bank
Gordon Lending Corporation
Gorman & Gorman Residential Mtg. Svs., Inc.
Gotham Mortage Corporation
Govell Funding Group LLCdba CT Home Loans
Government National Mortgage Association
Grabill Bank
Grace America Mortgage LTD
Grace Funding Inc.
Grand Bank, NA
Grand Rivers Community Bank
Grand Valley National Bank
Grande Homes, Inc. dba GHI Mortgage
Granite Mortgage & Construction Finance Inc
Granite Mortgage Corp
Graystone Funding Company LLC dba Graystone Mortgage LLC
Graystone Mortgage LLC
Graystone Solutions, Inc.
Great Country Mortgage Bankers, Corp.
Great Eastern Mortgage & Investment Inc
Great Florida Bank
Great Horizons, Inc. dba Great American Mortgage
Great Lakes Bank, NA
Great Lakes Mortgage & Inv Inc.
Great Lakes Mortgage Brokers LLC
Great Northern Bank
Great Northern Financial Corporation
Great Northern Financial Group, Inc.
Great River Federal Credit Union
Great Southern Bank
Great Western #1 Inc.
Great Western Bank
Great Western Financial Group
Great Western Financial Services, Inc
Great Western Home Loans
Greater Acceptance Mortgage Corporation
Greater Atlanta Mortgage Co.
Greater Atlantic Mortgage Corporation
Greater Financial Mortgage Corp
Greater Iowa Credit Union
Greater Midwest Mortgage Corp
Greater Nevada Mortgage Services
Greater Northwest Mortgage Inc.
Greater Potomac Mortgage Company
Greater United Home Funding, Inc.
GreatHouse Mortgage, Inc
Green Bay Mortgage Headquarters, LLC DBA Green Bay Mortgage
Green Planet Mortgage, LLC
Green Planet Servicing LLC
Green Tree Servicing LLC
Greenback Funding Inc.
GreenBank
Greenco Financial Mortgage Bankers
Greenfield Co-Operative Bank
Greenfield Mortgage Corporation
Greenlight Financial Services
Greenpark Mortgage Corporation
GreenPoint Mortgage Funding Inc.
Greentree Mortgage Company, L.P.
Greenwich Capital Financial Products, Inc
Greenwich Investors XXVI, LLC
Greenwood Properties LLC
Greg Bissmeyer dba GB Mortgage
Gregg & Valby Mortgage Services
Greystone Bank (R)
Greystone Financial Group
Griffin Lending LLC #84861
Grimaldi Capital Funding, Inc.
Group One Mortgage Corporation
Group One Mortgage Inc.
Grovebay Financial, Inc
Groves Funding Corporation
GSB Mortgage Inc.
GSC Capital Corp
GSF Mortgage Corporation
GTKY Credit Union Inc
Guaranteed Home Mortgage Company, Inc.
Guaranteed Mortgage Brokers Inc
Guaranteed Rate, Inc
Guaranty Bank (MO)
Guaranty Bank (Texas)
Guaranty Bank, FSB
Guaranty Federal Financial Corp.
Guaranty Trust Company
GuardHill Financial Corp.
Guardian Financial Network Inc.
Guardian Mortgage, Inc.
Guardian Nationwide Mortgage Inc.
Guidance Mortgage Group, LLC
Guidance Mortgage LLC
Guild Mortgage Company
Gulf Atlantic Funding Group, Inc.
Gulf Coast Bank & Trust Co. Non Mortgage
Gulf Coast Bank and Trust Company
Gulf Coast Community Bank
Gulf Coast Mortgage Inc
Gulf Coast Principle, LLC
Gulf States Mortgage
Gulfstream Business Bank
Gum Tree Mortgage, LLC
GVC Mortgage Inc dba Preferred Capital
H & R Block Mortgage
H&H Financial Group LLC dba Life Mortgage Group
H&R Block Bank
H.M.M. Enterprises, Inc.
Habersham Bank
Habitat Mortgage Company Inc
Hallmark Home Mortgage
Hallmark Mortgage Services, Inc.
Hamilton Federal Bank
Hamilton Group Funding Inc.
Hamilton Mortgage Corporation
Hamilton National Mortgage Company
Hammer Mortgage, Inc.
Hammond Securities Co., LLC
Hancock Bank
Hanover Mortgage Company
Happy State Bank
Harbor Financial Mortgage Corporation
Harbourton Mortgage Investment Corporation
Hargrow & Associates Inc dba MH&A Financial Service
Harris Nesbitt Corp. (As Agent for Fairway Finance Co. LLC)
Harry Mortgage Company
Hart West Financial
Hartford Financial Services Inc.
Hartland Mortgage Centers Inc
Harvest Financial.Net, Inc DBA Harvest Financial
Hawthorn Bank
Hawthorne Capital Corp
Hawthorne Credit Union
Hayhurst Mortgage, Inc.
HBC Investment Group, Inc. dba All-American Mortgage
HCI Mortgage
HCL Finance, Inc.
Hearthside Lending Corp.
Heartland Bank
Heartland Bank.
Heartland Community Bank
Heartland Credit Union
Heartland Funding Corp
Heartland Home Finance Inc
Heartland Mortgage Company
Heartland Mortgage Company LC
Heartland National Bank
Heartwell Mortgage Corporation
Hedlund Mortgage LLC
Hela Corporation dba Integra Pacific Mortgage
Helpbringer Mortgage Services, Inc.
Hemant Shah dba NJ Mortgage Services
Hemisphere National Bank, Mortgage Division
HengerRast Mortgage Corporation
Heritage Financial Group, LLC
Heritage Mortgage & Loan, Inc
Heritage Mortgage Services, LLC
Heritage Oaks Bank
Heritage Plaza Mortgage, Inc.
Heritage Savings Bank
Herman-Morrie Enterprises Inc. dba Hawaii’s Premiere Mtg. Co
Hernandez Services Inc.
HF Financial Corp
HFC – Beneficial
HFN – Consumer Orig.
HIgh Point Mortgage Corp
High Tech Lending
Highland Banc, Inc
Highland Federal Savings & Loan
Highland Financial Co., LLC.
Highmark Federal Credit Union
Hillcrest Bank
Hills Bank and Trust Company
Hilton Head Mortgage, LLC
Hilton Mortgage Corporation II
Hinds Mortgage Inc
HL Mortgage, LLC
HMC – Home Mortgage Consultants, Inc.
HMC Funding Inc.
HNB Mortgage
Hogar Mortgage
Home 123/New Century
Home Bank SB
Home Capital Funding
Home Capital, Inc.
Home City Federal Savings Bank of Springfield
Home Equity Solutons LTD
Home Express
Home Fed Realty Corp
Home Federal Bank ID
Home Federal Savings and Loan
Home Federal Savings Bank
Home Finance of America
Home Finance.com Inc.
Home Financial, Inc.
Home Financing Center Inc.
Home Financing Unlimited, Inc.
Home Funding Corporation
Home Funding Finders, Inc.
Home Loan Center dba Lending Tree Loans
Home Loan Consultants
Home Loan Consultants Inc
Home Loan Corporation
Home Loan Funding Inc
Home Loan Mortgage Company
Home Loan Mortgage Corporation
Home Loan Network
Home Loan Professionals, LLC dba Home Loan Professionals
Home Loan Services, Inc.
Home Loan Specialists Inc.
Home Loans USA Inc. (Orange)
Home Mortgage Associates, Inc.
Home Mortgage Corporation
Home Mortgage Desk Corp.
Home Mortgage Finance Group Corp
Home Mortgage Inc.
Home Mortgage Lending, LLC
Home Mortgage Resources Inc
Home Mortgage Solutions, Inc.
Home Mortgage, Inc.
Home N Mortgage, Inc.
Home National Bank N.A.
Home Savings & Loan Co. of Youngstown, Ohio
Home Savings & Trust Mortgage
Home Savings bank
Home Savings Mortgage
HOME SAVINGS OF AMERICA
Home Service Associates, Inc.
Home South Mortgage Corporation
Home State Bank & Trust Co
Home State Mortgage Group
Home Team Equity, LLC
Home Town Mortgage Inc
Home USA Mortgage, Inc.
Home Vest LLC
HomeAmerican Mortgage Corporation
HomeBanc N.A.
Homebound Mortgage, Inc.
Homebuyers Financial LLC
Homebuyer’s Resource Group, LLC
HomeComings Financial, LLC
HomeComings Wholesale Funding
Homefield Financial Inc.
HomeFirst Mortgage LLC
HomeFirst Mortgage Services LLC
Homefront Mortgage Group LLC
Homeland Capital, LLC
Homeland Mortgage LLC
Homeline Mortgage Corp
Homelink Mortgage Inc
HomeLoan USA Corporation
HomeLoan.com, Inc.
HomeLoanAdvisors.com
Homeowners Financial Group USA, LLC.
Homeowners Financial Services, Inc.
Homeowners Friend Mortgage Company, Inc.
Homeowners Mortgage Enterprises, Inc.
HomeOwners Mortgage of America, Inc.
Homeplaceloans.com, Inc.
HomePoint Mortgage Group LLC
HomePromise Corporation
HomEq Servicing
Homequest Capital Funding LLC
Homeservices Financial, LLC
Homeservices Lending, LLC Series A (CA)
Homeservices Lending, LLC Series A DBA Mortgage South
Homesource Funding Group
Homesource Lending Inc.
Homespring Financial LLC
Homespun Mortgage Corporation
HomeStar Financial Corporation
Homestar Lending Corporation
Homestar Mortgage Services (Vendor)
Homestar Mortgage, Inc.
HomeStart Mortgage Corporation
Homestead Financial Services, Inc.
Homestead Funding Corp
Homestead Mortgage Company LLC dba Homesite Mortgage
Homestead Mortgage Corporation
Homestead Mortgage Inc.
Homestead-USA, Inc.
HomeStreet Bank
HomeTech Mortgage Corporation
Hometown America Incorporated
Hometown Bank of Corbin
Hometown Equity Mortgage of St. Louis, Inc.
HomeTown Financial Group, Inc.
HomeTown Lenders LLC
Hometown Lending
HomeTown Mortgage Services, Inc.
Hometown Security Mortgage Inc
Hometowne Lending L.L.C.
HomeTrust Bank
Hometrust Mortgage Company
HomeTrust Mortgage Inc.
Hometrust Mortgage Services LLC
HomeValue Mortgage, Inc.
Homevest Mortgage Corporation
Homeview Lending
Homewide Lending Corp.
Homewise Inc.
Honda Federal Credit Union
Honesdale National Bank
Honor State Bank
Hopewell Federal Credit Union
Horizon Bank
Horizon Bank (MN)
Horizon Bank, Mortgage Warehousing Division
Horizon Bank, N.A.
Horizon Direct, Inc. dba Commitment Lending
Horizon Financial Group, Inc.
Horizon Mortgage Corp. DBA Americhoice Residential Funding
Horizon National Bank
Horizon National Lending
Housing & Neighborhood Development Services, Inc. dba HANDS
Housing Opportunity Comm. – Non-Member Investor
Housing Solutions, Inc.
Houston Prime Mortgage, LLC
Houstonian Mortgage Group, Inc. DBA Westin Mortgage Group
HoustonMortgage.com
Howard Bank
Howard Hanna Financial Services, Inc.
Howard Hanna Mortgage Services
HSBC Bank USA
HSBC Bank USA as Trustee
HSBC Bank USA, NA – Non-Affiliate
HSBC Bank USA, National Association
HSBC Mortgage Corporation, USA
HSBC Mortgage Services
HSBC Mortgage Services Warehouse Lending Inc
HTFC Corporation DBA HTFC Mortgage Bankers, Miracle Funding
Hudson City Savings Bank
Humbert Mortgage
Humphries Mortgage Inc.
Hunt Mortgage
Hunter Financial Group LLC
Huntingdon Valley Bank
Huntington Community Mortgage Bankers
Huron Valley Financial Inc
Hyde Park Bank
Hyperion Capital Group LLC
Hyperion Capital Group, LLC
IAA Credit Union
iApprove Lending
Iberia Mortgage Corp.
IBEX Networks, Inc.
Idaho Banking Company
Idaho First Bank
Idaho Independent Bank
Ideal Home Loans, Inc
Ideal Mortgage Specialists, Inc
Identico Inc. dba Constantine Mortgage Services
IDS, Inc
IFG Mortgage Services, Inc.
iFreedom Direct Corporation
Ikon Mortgage Lenders, Inc.
Illinois Mortgage Funding Corporation
Iltis Lending Group Inc.
Imath Inc dba 21st Century Mortgage
IMC Funding Group, Inc.
imortgage.com Inc.
Impac Funding Corporation
Impac Mortgage Acceptance Corporation dba Impac Funding Corp
Impac Warehouse Lending Group
Impact Mortgage Group, Inc.
Imperial Lending LLC
IMS Mortgage Services
Independence Community Bank
Independence Financial Corporation
Independent Capital Group, Inc
Independent Financial Mortgage, Inc
Independent Mortgage
Independent Realty Capital Corp.
Indiana Members Credit Union
Indianapolis Neighborhood Housing Partnership
Indigo Fincancial Group, Inc
IndyMac Federal Bank FSB
I-Net Mortgage Corp
Infinite Financial Corporation dba Metropolitan Home Mtg
Infinite Mortgage Services, LLC
Infinity Financial Corp
Infinity Financial Network LLC
Infinity Funding Corp.
Infinity Group Services
Infinity Home Mortgage Company Inc.
Infinity Information Solutions LLC, wos of First American RE
Infinity Mortgage Co. Inc
Infinity Mortgage Corporation
Infinity Mortgage Corporation.
Information Engineering Services, Inc.
Ingle & Associates Mortgage Services, Inc dba Ingle Mortgage
Ingomar Limited Partnership
Inland Northwest Bank
Innergy Lending LLC
Innovative Financial Services, Inc.
Innovative Mortgage Capital, LLC
Innovative Mortgage Concepts LLC
Innovative Mortgage Solutions LLC
Innovative Property Services, Inc.
Insight Bank
Insight Financial Corporation
InSource Financial Services LLC
InSouth Funding Inc
InstaFi.com
Instant Capital Funding Group, Inc.
Integrated Financial Group, Inc.
Integrated Lending, Inc.
Integrated Mortgage Corporation
Integrated Mortgage Services Inc.
Integrated Mortgage Strategies Ltd.
Integrity Bancorp
Integrity Financial LLC
Integrity Financial Services of Tampa Bay Inc.
Integrity Financial Services, Inc.
Integrity First Financial, Inc.
Integrity First Home Loans Inc
Integrity Home Loan of Central Florida Inc
Integrity Home Mortgage Corporation
Integrity Lending LLC
Integrity Mortgage & Financial Incorporated
Integrity Mortgage LLC
Integrus Mortgage LLC
Intelli Mortgage Services, Inc.
Inter Mountain Mortgage
Inter National Bank
Inter Savings Bank, FSB
InterBay Funding, LLC
InterContinental Capital Group, Inc.
Intercontinental Mortgage Partners of Texas, LP
Interlinc Mortgage, Inc.
Intermountain Industries, Inc. dba Major Mortgage USA
Intermountain Mortgage Company Inc
International Bank of Commerce
International Bankers Financial Group
International Home Capital Corporation
International Lending Solutions, Inc.
International Mortgage Corporation
Interra Credit Union
Interstate Home Loan Center Ind dba myequityloan.com
Interthinx, Inc
Intertrust Mortgage LLC
Intervale Mortgage Company, Inc.
InTouch Mortgage Inc.
Intracoastal Mortgage Co. LLC
Intrust Mortgage, Inc.
Investaid Corporation
Investors Mortgage Asset Recovery Company, LLC dba IMARC
Investors Mortgage Company, Inc.
Investors Trust Mortgage & Investment Co. Inc.
Iowa Bankers Mortgage Corporation
Iowa Mortgage Professionals, In.c
iQ Credit Union
Ireland Bank
Ires Co.
IronStone Bank
Irwin Home Equity
Irwin Mortgage Corporation
Irwin Union Bank and Trust
iServe Servicing Inc.
ISGN
Island Community Mortgage Services LLC dba Island Mortgage
Ivanhoe Financial, Inc.
iWayloan LP
IZT Mortgage Inc. dba Ameritech Mortgage
J and E Mortgage Services LLC
J&M Mortgage Brokers, LTD dba Mortgages USA
J&R Lending Inc.., dba First Security Lending
J&S Holdings of Greenville Inc. dba First United Mortgage
J. Allston Mortgage LLC
J. Friedman Inc dba J. Friedman Mortgage & JRA Mortgage
J. Philips Mortgage Inc.
J. Powder Mortgage, Ltd.
J. Virgil, Inc. dba The Lending Factory
J.D. Martinez Investments, Inc. DBA AllBay Mortgage Services
J.S. Shirk & Associates, Inc. dba Florida Community Mortgage
J.S. Smith Mortgage, LLC
Jabez Financial Services, LLC
JAC Financial Inc. dba Plaza Loan Services
Jam Consultants
Jamsab Realty Corp
Jason B. Jones dba Halo Capital
Jayco Capital Group dba Loan Solutions
JBJ, LLC dba Precision Mortgage
JC Reed Mortgage LLC
JCJ Mortgage Ventures, L.P.
JDB Mortgage Corp.
JDH Capital, LLC
JDJ Financial Group Inc.
Jefferson Bank
Jefferson Bank & Trust co.
Jefferson Mortgage Services, Inc
Jennifer Farley dba South River Mortgage
Jersey Mortgage Company
JFK Financial Inc. dba Equity Direct Funding
JJAM Corporation
JJM Investments, Inc.
JKS Mortgage, LLC
JLB Corporation dba Golden Oak Lending
JMAC Lending, Inc.
JMJ Financial Group dba The Coastal Lending Group
JMJ Mortgage Capital, LLC
Joe Klein Enterprises LTD d/b/a The Mortgage Store
John Adams Mortgage
John H.D. Goemans, Inc. dba The Mountain Mortgage Centers
Johnson Mortgage Company, LLC
Jonah Bank of Wyoming
Jones Mortgage Group
Jordon Financial Group, LLC
JP Morgan Chase Bank
JP Morgan Chase Bank as Trustee
JP Morgan Chase Bank NA
JP Morgan Chase Bank, N.A. – Warehouse Lending
JP Morgan Chase Bank, N.A. – Warehouse Lending Vending
JPMorgan Chase Document Custodian
JT, Inc dba Nortex Mortgage
JTM Financial Services, Inc.
Judith O. Smith Mortgage Group, Inc.
Just Mortgage, Inc.
Just Write Funding LP dba CU JWF Associates, Inc.
JZ Mortgage Inc. dba Equity Funding Co.
K & G Capital Mortgage LP
K Bank
K Hovnanian American Mortgage LLC
K&B Capital Corp
K&G Financial, LLC
K.P. Riley Mortgage Corporation
Kaiser & Associates Mortgage Services, Inc
Kaiser Federal Bank
Kansas City Mortgage Group LLC
Kastle Mortgage Corporation
Kaw Valley Home Loans, Inc.
Kay-Co Investments, Inc. dba Pro30 Funding
Kaye Financial Corporation
KCB Bank
KE Enterprises LLC
Kellner Mortgage Investments I, LTD
Kelly Stephens Mortgage Inc. dba KS Mortgage Inc.
Kelstar Financial Services LLC
Kemp Mortgage LLC
Kenilworth Financial Inc.
Kennedy Mortgage Corp
Kenney Bank and Trust dba America’s Home Loan
Kentucky Housing Corporation
Kentucky Neighborhood Bank, Inc.
Kentucky Telco Federal Credit Union
Key Financial Corporation
Key Mortgage Company, Inc.
Key Mortgage Lenders, L.L.C.
Key Mortgage Link, Inc.
Key Mortgage Services
Key Mortgage Services Inc dba Baird & Warner Financial Services
Keynote Equity Group, LLC
KeyPoint Credit Union
KeySource Commercial Bank
Keystone Home Mortgage, LLC
Keystone Mortgage
Keystone Mortgage Company, Inc.
KH Financial, LP
Kiertec Inc. dba US Mortgage Source
Kinetic Mortgage Group
King Financial Group, Inc.
Kings Mortgage Services, Inc.
Kingswood Mortgage Inc.
Kirkland Investors LLC
Kirkwood Bank & Trust Co.
Kirkwood Financial Corporation
Kirsten Estes dba Mountain Home Lending
Kitsap Credit Union
KleinBank, dba KleinMortgage
KLW, Inc dba Northside Mortgage
Knightbridge Mortgage Bankers
Kohler Credit Union
Kondaur Capital Corporation
Kroboth & Helm Mortgage Company, Inc.
KSC Investment Group, LLC
Kubrick Financial
L & G Mortgagebanc Inc
LA Financial Federal Credit Union
La Rue Residential Lenders LLC
Lafayette Bank & Trust Company
Lafayette Community Bank
Lake Area Mortgage, A Division of Lake Area Bank
Lake Community Bank
Lake Creek Financial LLC
Lake Dillon Mortgage Services, Inc.
Lake Michigan Credit Union
Lake Mortgage Company, Inc.
Lake Mortgage Group, LLC dba Lake Mortgage
Lake State Federal Credit Union
Lakeland Mortgage Corporation
Lakes Area Mortgage, LLC
Lakeshore Mortgage Group Inc.
Lakeside Bank
Lakeside Lending LTD
Lakeside Mortgage Company
Lakeview Bank
Lakeview Mortgage, Inc.
Lancaster Mortgage Bankers LLC
Land Home Financial Services, Inc.
Landmark Mortgage & Associates Inc
Landmark Mortgage Corporation
Landmark Mortgage Lending
Landmark Mortgage LLC
Landmark Mortgage of Tampa Bay, Inc.
Landover Mortgage, LLC
Langdon Motrgage Company, Inc.
Laraby Financial Group Inc.
LaSalle Bank NA Trustee for BancOne Series 2000-2
LaSalle Bank NA, Trustee for BancOne Series 2000-1
Lawrence Bank
Lawrence Residential Funding Corp.
Lawrence Winslow dba All Texas Mortgage
Layton State Bank
LBA Financial Group
Leader Bank, N.A.
Leader Financial Services, a div of American National Bank
Leader Mortgage Company, Inc.
Leader Mortgage Corp
LeaderOne Financial Corporation
Leahy & Walker Financial Services
Leavitt Inc.
Lee Financial Corporation
Legacy Bank
Legacy Financial Corporation
Legacy Funding Corp.
Legacy Group Lending, Inc.
Legacy Lending, Inc.
Legacy Mortgage Group LLC
Legacy Mortgage Inc.
Legacy Texas Mortgage, LP
Legend Lending Corporation
Legendary Home Loans, Inc.
Lehman Brothers Bank
Lehman Brothers Holdings Inc.
Lehman Commercial Paper, Inc.
Lehman/FNMA Non-Laser
Leitchfield Deposit Bank and Trust Company
Lend America
Lend America, Inc.
Lend Smart Mortgage LLC
LendAmerica Home Loans, Inc.
Lender Ltd.
Lender Processing Services, Inc. (aka LPS)
LENDERLIVE, INC.
Lenders Association, Inc.
Lenders Depot Inc.
Lenders Direct Capital Corporation
Lenders Rate Approval.com, Corp.
Lendia, Inc.
Lending 1st Mortgage, LLC
Lending Bankers Mortgage LLC
Lending Capital Group, LLC
Lending Solutions Inc. dba LSI Mortgage Plus
Lending Street, L.L.C.
LendingSpace, Inc.
Lend-Mor Mortgage Bankers Corp
Lendmor, LLC
LendSource, Inc.
LendSouth Mortgage, Inc.
Lenox Financial Mortgage Corporation
Level One Bank
Lewis Hunt Enterprises dba Interactive Financial Corporation
Lexim Mortgage
Lexingtonton Capital Corp dba Lexington Mortgage
LFM Group Inc. DBA LIRA Financial Mortgage
LG & MG Corporation dba Precise Mortgage Lending
LHI Mortgage
LHM Financial dba CNN Mortgage Inc.
Libertad Bank SSB
Liberty 2000 Enterprises, Inc.
Liberty Alliance Federal Credit Union
Liberty Bank
Liberty Bank and Trust Company
Liberty Bank of Arkansas
Liberty Federal Mortgage LLC, dba First United Inc LLC
Liberty First Credit Union
Liberty Home Lending, Inc.
Liberty Home Loan Corporation
Liberty Home Loans
Liberty Mortgage Corp.
Liberty Mortgage Corporation
Liberty Mortgage Corporation dba Liberty Home Mortgage
Liberty Mortgage Funding Inc.
Liberty Mortgage Group, LLC
Liberty Mortgage Services, LLC
Liberty Mortgage, Inc.
Liberty Savings Bank FSB
Liberty Savings Bank, F.S.B.
Liberty State Finance, LLC
LibertyQuest Financial Inc dba LibertyQuest
Lifeline Christian Mortgage Inc
Lifestyle Mortgage Holdings, Inc.
Lifestyle Mortgage II, LLC
Lifetime Financial Partners Inc.
Lifetime Financial Services LP dba Town and Country Mortgage
Lifeway Lending Group Inc.
Lighthouse Mortgage Company, Ltd.
Lighthouse Mortgage Service Co Inc.
Lighthouse Mortgage USA, Inc.
Lime Financial Services, LTD.
Limes Financial Funding, LTD
Linc Capital LLC
Linco Capital LLC dba Kirkwood Mortgage
Lincoln Bank
Lincoln Capital Advisors, LLC
Lincoln County Credit Union
Lincoln Federal Savings Bank
Lincoln Mortgage Co.
Lincoln Mortgage Corporation
Lincoln Park Savings Bank
Lincolnway Community Bank
Lindstrom Financial Group, Inc.
Link One Mortgage Bankers LLC
Linn Area Credit Union
Liquid Financial Group Inc
Litton Loan Servicing LP
LJL Mortgage Pool, LLC
LJL SECURED HIGH YIELD INCOME FUND I, LLC
Lo, Inc. dba Reliance Mortgage Inc.
Loan Across America dba Loan America, Inc.
Loan America Home Mortgage Inc.
Loan Center of California, Inc.
Loan Correspondents, Inc. dba Capital Funding Group
Loan Lines, Inc.
Loan Link Financial Services
Loan Management Services, Inc.
Loan Network, LLC
Loan Resource Center, Inc. DBA Optima Home Mortgage
Loan Services, Inc.
Loan Servicing Solutions, LLC
LoanCare Servicing Center, Inc
LoanCity
Loancorp Financial Inc.
Loanfinders of SC., Inc.
Loangistics Mortgage Solutions, LLC
LoanPlex Mortgage
LoanStar Mtg, LLC dba LoanStar Mortgage
Logan Finance Corporation
Lombard Financial Corp., LLC
Lone Star Mortgage of DFW
Lord and Silva, LLC
Lovell, Hubbard & Associates, Inc. dba LHA Mortgage Services
LownHome Financial Holdings LLC
LP Direct LLC
LPS Field Services, Inc.
Lubbock Housing Finance Corporation
Lubbock National Bank Mortgage
Lucey Mortgage Corp.
Lumina Mortgage Company
Luminent Mortgage Capital Inc.
Lundin & Associates Inc.
Luxury Mortgage Corp.
Lydian Data Services, LLC
Lydian Private Bank
Lydian Technology Group
Lyndsey Home Mortgage Express, Inc.
Lynx Mortgage Bank, LLC
Lyons Enterprises dba LEI Financial
Lyons Mortgage Services, Inc.
M & T Bank
M&I Bank
M&I Bank FSB
M&I Mortgage
M.I.F. Services Inc.
M.Point Mortgage Services, LLC
M/I Financial Corp.
Mac and Waters Mortgage Group Inc.
Macarthur & Baker International Inc d/b/a MBI Mortgage Funding
Macatawa Bank
Mac-Clair Mortgage Corporation
Mackinac Savings Bank
Macon Mortgage, Inc.
Madera Financial, Inc.
Madison Financial LLC
Madison Home Equities, Inc.
Madison Mortgage Corporation
Magellan Harbor Lending, LLC
Magellan Mortgage Corp
MagnetBank
Magnolia Mortgage Company LLC
Magnolia Mortgage Inc.
MAI Mortgage Inc.
MAIA Mortgage Finance Statutory Trust
Main Stream Financial, Inc.
Main Street Financial Group, Inc.
Main Street Financial, Inc.
Maine Home Mortgage Corp.
Mainland Mortgage Corp
Mainline Mortgage Corporation
Mainsource Bank
Mainstreet Mortgage, Inc.
Maitland Mortgage Lending Company
Majestic Home Mortgage Corp.
Majestic Mortgage Services, Inc.
Majesty Mortgage, Inc.
Major Mortgage
Mak Mortgage Consultants Inc
Malcap Mortgage LLC
Mandalay Mortgage LLC
Mandalay Mortgage LLC(CA) dba Capital Six Funding
Manhattan Financial Group, Inc.
Manhattan Mortgage Corporation
Mann Financial, LLC
MAR Group LLC
Marathon Asset Investment Trust 2007-1
Marathon Asset Investment Trust 2007-2
Marathon Asset Management
Marathon Mortgage
Marathon REO Management LLC
Marathon Structured Asset Solutions Trust
Mardy L Dallas dba Great Western Mortgage
Maribella Mortgage, LLC
Marimark Mortgage, LLC
Mariner’s Bank
Marion State Bank
Maritime Mortgage Corp
Marix Servicing
Mark James Haselhorst dba Arbor Mortgage
Market Mortage Co., Ltd.
Market Street Mortgage Corporation
Marketline Mortgage
Marketplace Home Mortgage, LLC
Marlin Mortgage Company LLC
Marquis Financial Group
Marquis Money Inc.
Marshall BankFirst Mortgage Group
Marshland Community Federal Credit Union
Martin Funding Corp
Marty Cancila Mortgage LLC dba Capital Funding Group
Maryland Residential Lending LLC dba Nationwide Mortgage Serv
MAS Associates LLC dba Equity Mortgage Lending
Mason Dixon Funding, Inc.
Mason-McDuffie Mortgage Corporation
Massachusetts Housing Finance Agency
Massachusetts Mutual Life Insurance Company c/o Babson Cap
Master Financial, Inc.
Matrix Financial Services Corporation
Mattamy Home Funding, LLC
Mattocks Mortgage, Inc.
Maverick Funding Corp
Maverick Residential Mortgage
Maxim Capital Inc.
Maxim Investment Group, LLC
Maxim Mortgage Corporation
Maxwell Funding Inc. dba Maxwell Funding Group
Mayer Home Mortgage Co. LLC
MBA Financial Solutions, Inc. dba Bay Wholesale Lending
MBI Mortgage, Inc.
MBJ Mortgage Services America, LTD. dba Merchants Home Loan
MBS Mortgage Comapny, LLC
MBT Credit Company, Inc.
MC Harbor Investment Co
McCabe Mortgage Group, Inc.
McCaughan Mortage Co., Inc.
McJab Inc. dba First California Funding
McLean Mortgage Corporation
MCM Companies LLC
McMillin Mortgage, Inc
MCS Mortgage Bankers, Inc.
MDKJR Inc.
Meadowbrook Mortgage Corporation
Mecco Financial, Inc.
MECE Credit Union
Meetinghouse Cooperative Bank
MEG Co., LLC
Mega capital Funding, Inc.
MegaStar Financial Corp.
Member First Mortgage LLC dba Michigan First Mortgage LLC
Member Options LLC
Members Cooperative Credit Union
Members Loan Services, Inc.
Members Mortgage
Members Mortgage Company, Inc.
Members Preferred Mtg. Services Inc.
Members1st Community Credit Union
MembersAlliance Credit Union
Menna Company dba Independent Mortgage Associates
Mennonite Financial Federal Credit Union
Mercantile Bank d/b/a Florida Wholesale Mortgage
Mercantile Bank Mortgage Company LLC
Merchants & Farmers Bank
Merchants & Southern Bank
Merchants and Manufacturers Bank
Merck Sharp and Dohme Federal Credit Union
Mercury Inc.
Meridian Lending Corporation
Meridian Lending Inc. dba All Source mortgage
Meridian Residential Capital LLC dba First Meridian Mortgage
Meridias Capital
Merit Financial Inc.
Merit Financial Services LLC
Merit Mortgage Services
Meritage Home Funding, LLC
Meritas Mortgage LLC
Meriwest Credit Union
Meriwest Mortgage Company LLC
Merrill Lynch (surf)
Merrill Lynch Bank USA
Merrill Lynch Credit Corporation
Merrill Lynch Mortgage Lending, Inc. (Subprime)
Merrimack Mortgage Company, Inc.
Merrlin Mortgage Corporation
MERS Link Subscriber
Metabank
MetAmerica Mortgage Bankers, Inc.
Metlife Bank, N.A.
MetLife Home Loans, a Division MetLife Bank, N.A.
Metro Atlanta Mortgage Company, Inc.
Metro Finance
Metro Funding Corporation
Metro Health Services FCU dba Metro First Mortgage
Metro Mortgage Corporation
Metro One Mortgage LLC
MetroBoston Mortgage Co., Inc.
Metrocities Mortgage LLC
Metropolitan Bank Group
Metropolitan Financial Services Inc
Metropolitan Home Mortgage, Inc.
Metropolitan Mortgage Bankers Inc.
Metropolitan Mortgage Group, Inc. dba Metropolitan Mortgage
Metropolitan National Bank
Metropolitan National Bank (MO)
Metropolitan National Bank Mortgage Company
Metrostate Financial and Real Estate Corp
Metuchen Savings Bank
MFC Mortgage Inc
MFG Funding
MGM Funding, LLC
MGN Funding Corp.
MHC I, Inc.
MHL Funding Corp
Michael David Financial Inc dba Cornerstone Lending
Michigan Fidelity Acceptance Corporation
Michigan Heritage Bank
Michigan Mutual, Inc.
Michigan United Mortgage LLC
Mid America Bank & Trust Company
Mid America Mortgage Services of IL Inc. Carterville Branch
Mid America Mortgage Services of Illinois, Inc.
Mid America Mortgage Services of Kansas City, Inc.
Mid Atlantic Capital, LLC
Mid Valley Services, Inc.
Midamerica Mortgage Corporation
Mid-Atlantic Federal Credit Union
Mid-Atlantic Financial Services, Inc.
MidCarolina Bank
Midcontinent Fin Ctr Inc d.b.a. American Mutual Mortgage Co.
MidCountry Bank
Middlekauff Mortgage Co.
MidFirst Bank
Mid-Island Mortgage Corp.
Midland Federal Savings & Loan
Midland Mortgage Corporation
Midtown Bank
Midtown Financial Services
Midtown Mortgage Inc
Midtowne Mortgage
Midwest Community Bank
Midwest Equity Mortgage LLC
Midwest Financial Mortgage
Midwest Funding Bancorp
Midwest Heritage Bank, FSB
Midwest Home Loans LLC
Midwest Loan Services, Inc.
Midwest Mortgage Capital
Midwest Mortgage Investments, LTD
Midwest Mortgage Planners, Inc.
Midwest National Mortgage Corporation dba Midwest Nat’l Mortgage
Midwest Residential Lending, LLC
Mid-Wisconsin Bank
Miguel A, Baylon, Jr. dba Baylon Mortgage Services
Mila, Inc.
Milestone Mortgage Inc
Milestone Mortgage Solutions, Inc.
Milford Federal Savings and Loan Association
Millenium Home Mortgage LLC
Millennia Mortgage Corporation
Millennium Bank N.A./Millennium Capital
Millennium Financial Group, Inc. dba MLend, Inc.
Millennium Marketing Co. Inc.
Millennium Mortgage Corporation
Millennium Mortgage Services Corporation
Miller Home Mortgage, LLC
Miner Kennedy Chmura Associates, Inc.
Minnesota Lending Co. LLC dba Optimum Mortgage Services
Minnesota Lending Company, LLc
Minnesota Valley Federal Credit Union
Minster Bank
Mirad Financial Group
Mission Federal Credit Union
Missouri Bank & Trust Company of Kansas City
MIT Federal Credit Union
MJ Mortgage Services Inc
MJS Lending, Inc.
MLD Mortgage Inc.
MLS Mortgage Group Inc.
MLS Mortgage Lending Solutions, LLC
MLSG Inc.
MMG Inc
MMW Holdings LLC dba Trident Home Loans
Mohave State Bank
Molton, Allen & Williams LLC
Monarch Bank
Moncor, Inc.
Money Forest Mortgage LLC
Money Warehouse
Moneylink Mortgage Inc
MoneyOne Corporation
Monster Mortgage LLC
Montana Board of Housing
Montana First Credit Union
Montana Mortgage Company
Montgomery Bank, National Association
Montgomery Mortgage Capital Corporation
Montgomery Mortgage, Inc
Monticello Banking Company
Monument Bank
Monument Capital LLC dba Moneytree Mortgage Services LLC
Monument Mortgage Company, Inc.
Monument Mortgage, Inc.
Moore Financial Enterprises, Inc. dba Lenders Diversified
Moore Mortgage Inc.
Moran Industries dba Pacific Financial
More House Mortgage Inc.
More2Lend Financial
Moreland Financial Corporation
MorEquity Inc.
Morgan Stanley Credit Corp
Morgan Stanley Mortgage Capital Holdings, Inc
Morrison Home Funding, LLC
Mortgage & Investment Consultants
Mortgage 1 Incorporated
Mortgage 2000 Inc
Mortgage Acceptance LLC
Mortgage America Bankers LLC
Mortgage America Inc.
Mortgage and Equity Funding Corp.
Mortgage Architects Inc. dba Mortgage Architects
Mortgage Associates Inc
Mortgage Avenues LLC
Mortgage Bank of California
Mortgage Bankers Financial Group, Inc.
Mortgage Bankers of Wisconsin Inc.
Mortgage Banking Systems, Inc.
Mortgage Broker Network Group, LLC
Mortgage Brokers Service, Inc.
Mortgage Capital Associates, Inc. A California Corporation
Mortgage Capital Corporation of America (MCCA)
Mortgage Capital Group
Mortgage Center LLC
Mortgage Central, Inc.
Mortgage Clearing Corporation
Mortgage Company of America, LLC
Mortgage Consultants Group, Inc
Mortgage Consultants Inc.
Mortgage Consultants Incorporated
Mortgage Contracting Services
Mortgage Corp of Ohio
Mortgage Corp of the East III
Mortgage Corporation of America
Mortgage Corporation of America, Inc.
Mortgage Counseling Services
Mortgage Data Management Corp. (MDMC)
Mortgage Department Services, LLC
Mortgage Depot, LLC
Mortgage Direct Inc.
Mortgage Dynamics Inc (FL)
Mortgage Edge Corporation
Mortgage Elite Inc.
Mortgage Enterprise, Ltd.
Mortgage Essentials, Inc.
Mortgage Experts Inc.
Mortgage Express LLC
Mortgage Express, Inc.
Mortgage Factory Inc dba Mortgages Direct
Mortgage Financial Services
Mortgage Financial, Inc.
Mortgage First LLC
Mortgage Funding Corp
Mortgage Funding Direct LLC
Mortgage Group of Wisconsin Inc.
Mortgage Group Services LLC
Mortgage Haus Inc.
Mortgage Headquarters of Missouri, Inc
Mortgage Horizons LLC dba Mortgage Horizons
Mortgage Innovations Inc
Mortgage Investment Services Corporation
Mortgage Investors Corporation
Mortgage Investors Group
Mortgage Lenders Network USA, Inc.
Mortgage Lenders Network USA.
Mortgage Lenders of America, LLC
Mortgage Lenders of Americas and Company Inc.
Mortgage Lending Consultants, Inc.
Mortgage Lending Group, Inc. (AZ)
Mortgage Line Financial Corp.
Mortgage Loan Solutions LLC
Mortgage Management Consultants, Inc.
Mortgage Managers, Inc.
Mortgage Master Service Corporation
Mortgage Master, Inc.
Mortgage Masters of Indiana, Inc
Mortgage Mentor Inc.
Mortgage Mobility LLC
Mortgage Movers, Inc.
Mortgage Network Inc (KY)
Mortgage Network Solutions
Mortgage Network, Inc.
Mortgage Now Inc.
Mortgage Now, Inc.
Mortgage One Group, Inc.
Mortgage One of North Louisiana LLC
Mortgage One of the South, Inc.
Mortgage One Solutions, Inc.
Mortgage Options of America, Inc.
Mortgage Outfitters, LLC
Mortgage Partners
Mortgage Plan Financial Services, Inc.
Mortgage Planners LLC
Mortgage Planners, Inc.
Mortgage Planners, LLC
Mortgage Planning & Lending Specialists LTD
Mortgage Process Center
Mortgage Professionals, Inc.
Mortgage Pros LTD
Mortgage Pros, Inc.
Mortgage Real Estate Services, Inc. dba Macro Financial Group
Mortgage Recovery 1
Mortgage Research Center LLC dba VAMortgageCenter.com
Mortgage Resource Group, Inc.
Mortgage Resources In The Midwest, Inc.
Mortgage Resources, Inc.
Mortgage Revolution, Inc.
Mortgage Sense, Inc.
Mortgage Services III, LLC
Mortgage Servicing Center
Mortgage Servicing, Inc
Mortgage Shop LL
Mortgage Solutions Network Inc DBA Mortgage Solution Management
Mortgage Solutions of Central Fl, Inc.
Mortgage Solutions of Colorado LLC.
Mortgage Solutions of St. Louis LLC
Mortgage Solutions Services, LLC
Mortgage Source LLC
Mortgage Source, Inc.
Mortgage Sources Corp
Mortgage South Financial Services, Inc.
Mortgage Specialists of Illinois, Inc
Mortgage Specialists, LLC (NE)
Mortgage Specialits, LLC
Mortgage Strategists Incorporated
Mortgage Superstore, Inc.
Mortgage Systems, Inc.
Mortgage Team 1, Inc.
Mortgage Tree
Mortgage Trust Group, Inc.
Mortgage Trust, Inc.
Mortgage Works Unlimited, Inc. DBA The Mortgage Works
Mortgage World Bankers, Inc.
Mortgage Xpress
MortgageAmerica Associates, Inc.
MortgageAmerica, Inc.
MortgageBanc
MortgageClose.Com
MortgageIT, Inc.
MortgageOne Financial Services Corp
Mortgages & More, Inc.
Mortgagestar
MortgageSteps
MortgageStream Financial Services, LLC
MortgageTree Lending
Motivity Solutions, Inc.
Mountain 1st Bank & Trust
Mountain America Credit Union
Mountain America Fin. Svcs, The Mortgage Co-op & Q Mortgage
Mountain Crest Mortgage, Inc.
Mountain Express Mortgage
Mountain High Federal Credit Union
Mountain Pacific Mortgage Company
Mountain Peaks Financial Services
Mountain Range Funding LLC
Mountain States Mortgage Centers, Inc.
Mountain View Mortgage Company, Inc
Mountain West Bank
Mountain West Bank, NA
Mountain West Financial, Inc.
MountainView Capital Group
MRG Document Technologies.
MSA Mortgage, LLC
MSG-The Mortgage Specialist Group LP
MSMC Venture, LLC
Mtg America Corpus ChristiTX dba Mtg Assoc Corpus Christi
MTG Finance, LLC
MTH Lending Group, LP
Multi-State Home Lending, Inc.
Mutual Mortgage Corporation
Mutual Mortgage Corporation MI
Mutual Savings Bank
Mutual Security Mortgage Ltd
MV Holdings, LLC dba Global Lending Group
MVB Mortgage Corp
My Mortgage Company
My Mortgage Pro, LLC dba Mortgage Management Group
My Neighborhood Mortgage Co. LLC dba Neighborhood Mortgage
My South Lending Group, Inc.
Myers Park Mortgage, Inc.
Mylor Financial Group, Inc.
MyTown Mortgage Corp
NAD Acquisition 3, LLC
Nation One Mortgage Co. Inc.
National Americas Investment Inc.
National Asset Direct Acquisition LLC
National Asset Direct, Inc.
National Bank
National Bank of Arizona
National Bank of Arkansas
National City Bank (KY)
National City Bank of Indiana
National City Mortgage, a Division of National City Bank
National City Mtg Svcs Inc. A Subsidiary of Nat’l City Bank
National Fidelity Mortgage Corporation
National Future Mortgage
National Guaranty Mortgage Corporation
National Lenders Services Inc
National Mortgage Network, Inc.
National Mortgage Network, Inc. DBA Interstate Mortgage Network
National Mortgage Options LLC
National Penn Bank
Nations Direct Mortgage, LLC
Nations First Financial, LLC.
Nations Funding Source, Inc.
Nations Home Corporation dba First American Lending Corp
Nations Home Funding
Nations Home Lending Center
Nations Home Mortgage Corporation
Nations Lending Corp
Nations Mortgage & Investment
NationsFirst Lending, Inc.
Nationstar Mortgage LLC
Nationwide Advantage Mortgage Company
Nationwide Bank
Nationwide Equities Corporation
Nationwide Home Loans Inc
Nationwide Home Loans.
Nationwide Home Mortgage Inc. dba Allstate Mortgage Lending
Nationwide Lending Corporation
Nationwide Lending Services Inc
Nationwide Mortgage & Associates Inc
Nationwide Mortgage Concepts
Nationwide Mortgage, Inc.
Nationwide Residential Capital, Inc
Nationwide Title Clearing, Inc.
Natixis Real Estate Capital, Inc.
Nattymac Capital LLC
Navy Federal Credit Union
nBank, N.A.
NBD Bank (Florida) – Non-Member
NBD Bank (Michigan) NON-MEMBER
NBD Bank N.A. – NON-MEMBER
NBGI, Inc.
NBRS Financial Bank
NDFC Capital Corp
NE Moves Mortgage Corporation
Nebraska Mortgage Co LLC
Nebraska National Bank
Neighborhood Funding Inc.
Neighborhood Housing Services of America
Neighborhood Housing Services Silicon Valley
Neighbor’s Financial Corporaton
Net Rate Mortgage Inc.
NetBank
NetCap Financial LLC
NetCentral Mortgage LLL
NetMore America, Inc dba Hm Ln Ctr of WA, of OR, of MT, of I
Network Capital Group, Inc.
Network Funding, L.P.
Network Mortgage Services
Network Mortgage, LLC
Nevada Federal Credit Union
Nevada Mortgage Inc.
Nevis Funding Corp.
New Age Mortgage Company
New America Capital, Inc.
New American Funding
New American Mortgage LLC
New Century Financial
New Century Mortgage Corp, Irvine
New Day Financial LLC
New Day Trust Mortgage dba New Day Mortgage
New England Regional Mortgage Corporation
New Equity Financial Corp
New Fed Mortgage Corp
New Granite Mortgage Corporation dba Granite Mortgage Corp
New Home Finance LLC
New Homes Mortgage Inc.
New Horizon Financial, LTD
New Horizon Mortgage
New Horizon Mortgage, Inc
New Horizon Real Estate Financial Services Inc.
New Liberty Home Loans
New Mexico Educators Federal Credit Union
New Millennium Bank
New Millennium Mortgage Corporation
New Penn Financial, LLC
New Perspective Mortgage, LLC
New South Federal Savings Bank
New Vision Residential Lending
New West Lending, Inc.
New World Mortgage Inc
New York Mortgage Funding, LLC
NewAlliance Bank
Newcastle Home Loans, LLC
NewCastle Mortgage Corp
Newmarket Financial Mortgage Corporation
Newport Funding Corp.
NewPrime Home Loans, LLC
Newwest Funding, A Nevada Corporation
NexBank SSB
NextHome Mortgage Corp
Nexus Financial LLC
NFS Loans Inc
NHEL – Citibank as Trustee
NHSA – JPS
NJ Lenders Corp.
NL, Inc. dba RPM Wholesale
NLMC, Inc.
Noble Bank & Trust, N.A.
Nola Lending Group LLC dba Nola Funding Group
Nomura Credit Capital Inc.
Norhill Financial Corporation
Normandy Mortgage Inc.
Norstar Mortgage LLC
North Alabama Mortgage Inc.
North American Banking Company
North American Savings Bank, fsb
North Atlantic Mortgage Corporation
North County Real Estate Inc. dba HMC Funding
North Dallas Bank & Trust Co.
North Florida Funding, Inc.
North Fork Bank
North Georgia Bank
North Middlesex Savings Bank
North Shore Bank
North Shore Bank of Commerce
North Shore Bank, FSB
North Shore Community Bank and Trust
North Shore Trust &Savings
North Star Home Lending, LLC
NorthCountry Federal Credit Union
Northeast Financial Corporation
Northeast Mortgage Corporation
Northern Federal Credit Union
Northern Mortgage Inc.
Northern New Mexico Mortgage Co.
Northern Pacific Mortgage Inc
Northern Star Bank
Northern States Funding Group, Inc.
Northfield Trust Mortgage Company, LLC
NorthPoint Financial Services, Inc.
Northpoint Lending Group Inc.
NorthPoint Mortgage
Northpoint Mortgage LTD
Northsight Mortgage Group, LLC
NorthStar Alliance, Inc.
Northstar Bank of Texas-Mortgage Division
NorthStar Mortgage Corp.
Northstar Mortgage Group LLC
Northwest Bank
Northwest Funding Group Inc
Northwest Lending Group, Inc.
Northwest Mortgage Group, Inc.
Northwestern Financial Corporation
Norwich Commerical Group dba Norcom Mortgage
Nothnagle Home Securities Corp.
Nova Home Loans
NovaStar Certificates Financing Corporation
Novastar Home Mortgage Inc
Novastar Mortgage, Inc.
Novelle Financial Services, Inc.
Novellus Capital Funding, Inc.
NP Inc dba US Mortgage of Florida
NPB Mortgage LLC dba Northpointe Mortgage
NTFN Inc. dba Premier Nationwide Lending
Numerica Mortgage LLC
NVR Mortgage Finance, Inc.
NW Lending, Inc.
Oak Bank
Oak Creek Mortgage, Inc.
Oak Mortgage Company, L.L.C.
Oak Mountain Mortgage, LLC
Oak Street Mortgage LLC
OakStar Bank, NA
Oaktree Funding Corporation
Oakville Capital Inc.
O’Brien Mortgage Services, Inc.
Ocala Funding, LLC
Ocean West Enterprises, Inc.
OceanFirst Bank
Oceans Funding Company, Inc.
Oceanside Mortgage Company
OCM Mortgage, Inc.
OCM, Inc. dba HelpUFinance.com
Ocwen Loan Servicing, LLC
O’Dowd & Associates Mortgage Co. Inc.
Odyssey Funding LLC
OGrady Mortgage, Inc.
Ohio Capital Alliance Corp
Ohio Legacy Bank, NA
Ohio Lending Group
Old Colonial Mortgage
Old Oaks Mortgage Inc.
Old Point Mortgage LLC
Old Republic Insurance Company
Old Republic Title Ins. Group
Old Second National Bank
Old Town Mortgage, LLC
Old Towne Financial, Inc.
Old Virginia Mortgage Inc.
Olympia Funding Inc.
Olympia Mortgage Corp.
Olympia West Mortgage Group, LLC
Omaha Police Federal Credit Union
Omega Financial Services Inc.
Omega Financial Services, Inc.
Omega Mortgage Company
Omni Bank
Omni National Bank
OmniAmerican Bank
On Point Mortgage, LLC.
On Q Financial, Inc.
On Time Capital
One Bank and Trust, NA
One Choice Mortgage, LLC.
One Community F.C.U.
One Mortgage LLC dba One Mortgage
One Mortgage Network, LLC
One on One Funding
One Source Mortgage, LLC
Onestop Financial Services LLC
Online Financial Group
Onyx Capital LLC
Open Mortgage, LLC
Opes Advisors Inc.
Opteum Financial Services LLC
Opteum Financial Services, LLC (Optemac T/F Opteum Mortgage)
OPTEUM FINANCIAL SERVICES, LLC.
Optima Mortgage Corporation
Optimax Mortgage Co.
Optimum Financial Services, Inc.
Optimum Mortgage Group, LLC
Optimum Mortgage LLC
Option Financial LLC
Option One Mortgage Corporation
Oregon Coast Bank
Originate Home Loans, Inc.
Orion Bank
Orion Mortgage Corporation
Orlando Mortgage Company, Inc.
Ouachita Independent Bank
Outlook Mortgage, LLC
Outsource Solutions, Inc.
Overland Mortgage, LP
Owen Community Bank, S.B.
Owl Tree Mortgage Company
Owner’s Choice Mortgage Services Inc. dba Owner’s Choice Mtg
Ownit Mortgage Solutions Inc
OWS I Acquisitions, LLC
Oxford Capital, LLC
Oxford Funding Corporation
Oxford Lending Group, LLC
Oxford Mortgage, Inc.
P.T. K. Consulting, Inc. DBA Preferred Mortgage Lenders
PA Mortgage Service, Inc.
PA Preferred Mortgage Co.
Pacesetter Mortgage Company
Pacific America Group Inc. dba Pacific America Mortgage
Pacific Coast Lending
Pacific Coast Mortgage Inc.
Pacific Community Mortgage, Inc.
Pacific Continental Mortgage
Pacific Crest Funding, LLC dba Pacific Crest Home Loans
Pacific First Financial Services LP
Pacific Gold Mortgage Group, LLC
Pacific Horizon Bancorp, Inc.
Pacific Mercantile Bank
Pacific Mutual Funding dba Pacific Residential Financing
Pacific Northwest Mortgage Corporation
Pacific Northwest Mortgage LLC
Pacific Residential Mortgage, LLC
Pacific Reverse Mortgage, Inc.dba Financial Heritage
Pacific Service Credit Union
Pacific Union Financial, LLC
Pacor Mortgage Corp
PacWest Funding dba PacWest Funding Incorporated
Pacwest Services, Inc.
Palladium Mortgage Corporation
Palm Beach Atlantic Lending LLC
Palm Beach Mortgage Group Inc.
Palmetto South Mortgage Corp.
Palos Bank & Trust Company
Panhandle State Bank
Paradigm Mortgage Corporation
Paradise Financial Group, Inc.
Paragon Home Lending, LLC
Paragon Mortgage Bankers Corp.
Paragon Mortgage Consultants, Inc.
Paragon Mortgage Services Inc.
Paragon National Bank
Paramount Bond & Mortgage Company
Paramount Equity Mortgage, Inc.
Paramount Home Loans, Inc
Paramount Lending, LLC
Paramount Mortgage Professionals on NC, Inc
Paramount Mortgage, Inc.
Paramount Residential Mortgage Group, Inc.
Park National Bank
Park Place Finance, LLC
Park Place Mortgage, LLC
Park Shore Mortgage Corp
Park West Corporation
Parkside Lending, LLC
Parkway Bank
Partners for Payment Relief, LLC
Partners Mortgage dba Partners Capital Mortgage
Partners Mortgage, Inc.
Pathfinder Mortgage Group, Inc.
Pathway Financial, LLC
Patriot Bank
Patriot Bank FL
Patriot Bank Mortgage Inc. a Division of Patriot Bank
Patriot Federal Credit Union
Patriot Funding LLC
Patriot Lending Group, Inc
Patriot Lending Services, Inc.
Patriot Mortgage Bankers of North America LTD
Patriot Mortgage Company Inc
Patriot Mortgage Services Inc.
Patriots Bank
Patroit One Mortgage Bankers LLC
Patuxent Funding LLC
Paul E Smith dba Main Street Mortgage Company
PB Reit, Inc.
PCFS Financial Services, Inc.
Pellow Mortgage Company LLC
Pemm. Tek Mortgage Services, LLC
Penn 1st Financial Services Inc
Penn Liberty Bank
Pennie L. Carey dba Worldwide Home Lending
Pennwest Home Equity Services Corp
PennyMac Loan Services, LLC
Pentagon Mortgage LLC
People Bank – WA
Peoples Bank
Peoples Bank of Commerce
People’s Bank of Commerce
Peoples Bank of KY, Inc
Peoples Bank, N.A.
People’s Choice Funding, Inc
Peoples Choice Home Loan Inc
People’s Choice Mortgage Company
Peoples Choice Mortgage LLC
Peoples Exchange Bank
Peoples Independent Bank
Peoples Mortgage Company
People’s Mortgage Corporation
Peoples Mortgage, Inc.
Peoples National Bank, N.A.
Peoples Savings Bank dba Peoples Mortgage Company
Peoples State Bank of Comm dba RHR Mortgage of America LLC
People’s State Bank of Wyalusing, PA
People’s United Bank
PeoplesBank, A Codorus Valley Company
Performance Financial Inc dba Pacific Funding & Mort Advisor
Performance Lending, Inc
Perimeter Mortgage Funding Corporation
Perl Mortgage, Inc.
Personal Home Mortgage Services, Inc.
PFagan Mortgage, Inc.
PFG Mortgage Trust I
PFG Mortgage Trust II
PFL, Inc.
PGNF Home Lending Corporation
PHH Mortgage Corporation
Philadelphia Mortgage Advisors Inc.
Philip R. Marsh
Phoenix Funding Corporation
Phoenix Mortgage Corporation
Phoenix Rising Brokers Conduit dba PRBConduit.com
Pierce Commercial Bank
Pike Creek Mortgage Services Inc
Pillar Financial LLC
Pillar Mortgage Services Corporation
Pine River Valley Bank
Pine State Mortgage Corp.
Pinellas Mortgage Services, Inc.
Pinnacle Bank
Pinnacle Capital Mortgage Corporation
Pinnacle Financial Corporation
Pinnacle Financial Corporation of Michigan
Pinnacle Financial Services, Inc.
Pinnacle Financial Solutions
Pinnacle Home Mortgage Co.
Pinnacle Lending Group
Pinnacle Mortgage Funding LLC
Pinnacle Mortgage Group, Inc.
Pinnacle Mortgage, Inc
Pinnacle National Bank
Pinta, LLC
Pintola Inc. dba Town and Country Mortgages
Pioneer Financial Services, Inc.
Pioneer Mortgage, Inc. #40319
Pirimar Industries Inc. dba Pirimar Home Loans
Plains Commerce Bank
Planters Bank Inc
Planters First
Platinum 1 Mortgage Services, LLC
Platinum Capital Group
Platinum Community Bank
Platinum Community Bank dba Platinum Direct Funding
Platinum HomeMortgage Corporation
Platinum Mortgage Group, LLC
Platinum Mortgage Inc.
Platte River Mortgate and Investments Inc
Platte Valley Bank of Missouri
Plaza Home Mortgage, Inc.
Plaza Mortgage Group Inc.
PLB Lending, LLC
PLN Associates Inc
PMAC Lending Services Inc
PMC BanCorp.
PMI Mortgage Insurance Company
PNC Bank N.A.
PNC Consumer Services
PNC Mortgage, LLC
PNCMT Trust Series 2000-1, Bank One as Trustee
PNMAC Mortgage Co., LLC
PNMAC Mortgage Opportunity Fund Investors, LLC
Point Independent Mortgage
Point Mortgage Corp.
Point Plus Credit Union
PointBank
Polaris Home Funding Corporation
Poli Mortgage Group Inc.
Pope Mortgage & Associates
Popular Mortgage
Popular Mortgage Servicing, Inc
Positive Mortgage, Inc
Potelco United Credit Union
Potomac Mortgage Capital Inc.
Poulsen Mortgage Corporation
Powder House Mortgage Company, Inc.
Power Financial Corporation
PPI Equities, Inc. dba Pacific Mortgage
Prairie Community Bank
Prajna Group Inc. dba Liberty Mortgage Funding
Precision Financial, Inc.
Precision Funding
Precision Funding Group LLC
Preferred Financial Funding, Inc.
Preferred Financial Grp Inc dba Preferred Mortgage Services
Preferred Financial Services Inc.
Preferred Home Lending LLC
Preferred Home Loan LTD
Preferred Home Mortgage Company
Preferred Mortgage, Inc
Prem Mortgage, Inc. DBA First United Mortgage
Premier Atlanta Mortgage Company
Premier Bank
Premier Bank – Dubuque
Premier Bank (MO)
Premier Bank Minnesota
Premier Bank Rochester
Premier Banks
Premier Community Bank of the Emerald Coast
Premier Financial Correspondent Inc.
Premier Financial Services, Inc.
Premier Holdings LC dba Premier Mortgage
Premier Home Lending Inc.
Premier Home Lending, Inc. (FL)
Premier Home Mortgage LLC dba PHM, LLC (Nebraska Only)
Premier Lending Solutions LLC
Premier Mortgage Capital Inc.
Premier Mortgage Funding, Inc.
Premier Mortgage Group of South Florida
Premier Mortgage Group, Inc.
Premier Mortgage Inc
Premier Mortgage Resources LLC dba Premier Mortgage Resource
Premier Mortgage Services Inc.
Premier Mortgage Services, Inc.
Premier Mortgage Services, LLC
Premiere Mortgage, Inc.
Premium Capital Funding LLC
Premium Mortgage
Premium Trust Mortgage Corp
Presidential Bank, FSB
Prestige Funding Solutions LLC dba Distinct Funding Solution
Prestige Mortgage, LLC
Prestige Mtg.
Prestonwood Mortgage L.P
Priceline Mortgage Company LOC
Pride Mortgage LLP
Primary Capital Advisors LC
Primary Funding Group, a dba of Pro-Buy Equities Corp
Primary Mortgage Corporation
Primary Residential Mortgage
Primary Residential Mortgage (2)
Prime Axia Financial, Inc.
Prime Capital Group, LLC
Prime Capital, Inc.
Prime Equity Access Corporation
Prime Financial Corporation
Prime Max Mortage, LLC
Prime Mortgage Financial, Inc.
Prime Mortgage, a division of the Business Bank
Prime Residential Funding, LLC
Prime Shop, Inc.
Prime Source Funding Inc.
PrimeLending, a Plains Capital Company
Primequity LLC
PrimeWest Mortgage Corporation
Primrose Mortgage Co. Inc., dba First PrimSouth Mortgage
Primus Lending Corp.
Princeton Financial, LLC
Princeton Mortgage Corporation
Principal Bank
Principal Mortgage, LLC
Priority Bank
Priority Financial, Inc. dba Priority Funding
Priority Mortgage Corp
Private Capital Group LLC
PRMI 011
PRMI 018
Pro Mortgages LLC
Proctor Properties dba 1st Southwest Security Mortgage
Prodigy, Inc
Prodovis Mortgage
Production Mortgage, Inc.
Professional Advantage Financial Group., Inc.
Professional Consolidated Financial Goup, Inc.
Professional Lending, LLC
Professional Mortgage Bankers Corp.
Professional Mortgage Centers
Professional Mortgage Group, Inc.
Professional Mortgage Partners, Inc.
Professional Mortgage Service, Inc.
Professional Mortgage Services of WNC, Inc.
Professional Mortgage Solutions Inc
Professional Mortgage, Inc.
Proficio Mortgage Ventures, LLC
Profolio Home Mortgage Corp
Progress Bank & Trust
Progressive Lending LLC
Progressive Mortgage Group, Inc
Progressive Mortgage Inc. dba Key Mortgage
Progressive Mortgage Services LLC dba A&M Mortgage Group Inc
ProLender Solutions, Inc.
ProLending Mortgage, LLC
Properties, Etc., Inc dba Rescomm Financial
Property Network, Inc. dba Property & Mortgage Network
Prospect Financial Services, LLC
Prosperan Bank
Prosperity Bank
Prosperity Bank (TX)
Prosperity Mortgage Company
ProtoFund Mortgage Corporation
Providence Mortgage Company
Providence Postal Federal Credit Union
Provident Asset Management, L.P.
Provident Credit Union
Provident Funding Associates, LP
Provident Mortgage Corporation
Provident Mortgage Corporation, A Calif. Corp.
Provident Savings Bank, F.S.B.
Providential Bancorp LTD dba Providential Mortgage Co.
Province Bank, FSB
Provincial Bank
ProviNet Mortgage Corporation, Inc.
PRS, LLC DBA The Mortgage Link
Prudential Lending Inc. DBA PLI Capital
Prudential Mortgage Services, LLC
Prysma Lending Group, LLC
PTF Financial Corp
Public Savings Bank
Public Trust Mortgage Corp.
Pulaski Bank (Pulaski Service Corp)
Pulaski Mortgage Company
Pulse Funding, Inc.
Pulte Mortgage LLC
Q Financial Direct Inc
QLending, Inc.
QMC Holdings Inc.
QR Lending, Inc.
Quad City Bank and Trust Company
Qualita Financial Group, Inc
Quality Home Loans
Quality One Mortgage, Inc.
Quantum Leap Mortgage Corp dba Supreme Lending Services
Quantum Servicing Corporation
Queensborough National Bank and Trust Company
Quick Loan Funding Inc.
Quick Mortgage Services, LLC
Quick Mortgage, LLC
Quickdraw Real Estate Service dba Homestar Lending
Quicken Loans, Inc.
R.O.C. Financial, Inc.
R.W. Allen Financial
Rabobank N A
Radian Guaranty Inc.
Radius Financial Group Inc.
Rancho Financial Inc.
Randall Mortgage Services, Inc.
Rapid Mortgage Co., Inc.
Rasmussen Mortgage Inc. dba Rasmussen Mortgage Specialists
Rate One Inc The Mortgage People
Raven Financial Services LLC
Raymond James Bank FSB
RBC Bank (USA)
RBC Mortgage Company
RBS Citizens, N.A.
Real Estate Financial Services, Inc
Real Estate Lending Group
Real Estate Mortgage Corp.
Real Estate Mortgage Network LLC
Real Estate Mortgage Network, Inc
Real Estate Mortgage Network, Inc.
Real Mortgage Partners, Inc.
Real Time Resolutions, Inc.
RealPros, LLC dba RealPros Mortgage LLC
Realty Funding Corporation
Realty Home Mortgage Associates, LLC
Realty Home Mortgage Co., LLC
Realty Mortgage – Home Office
Realty Plus Mortgage
Recorder of Deeds of Lancaster County
Red Mountain Bank, N.A.
Red River Bank
Red Rocks Federal Credit Union
Redmond Mortgage Company Inc
Redwood Trust, Inc.
Reed & Associates Mortgage Corp.
Referral Marketing Inc. dba Referral Mortgage
Refinance.com
Refund Realty & Mortgage LLC
Regency Lending Services
Regency Mortgage Corporation
Regent Bank
Regent Mortgage Funding LLC
Regions Mortgage
Reliance Bank
Reliance First Capital, LLC
Reliance Plus Mortgage Co. L.P. dba Reliance Mortgage Co.
Reliance Preferred Funding Corp
Reliant Mortgage Company, LLC.
Renaissance Mortgage Corporation
Renaissance Mortgage Group, Inc.
Renasant Bank
Renew Investment Co dba Columbine Mortgage
Republic Bank
Republic Bank & Trust
Republic Mortgage Home Loans, LLC
Republic Northwest, LLC
Republic State Mortgage Co.
Rescomm Holdings No. 2 LLC
Rescue Mortgage Inc
Reserve Mortgage Investments, LLC
ResFund LLC
Residence Lending, LLC
Residential Acceptance Corporation
Residential Acceptance Network, Inc.
Residential Bancorp
Residential Capital Mortgage Corporation
Residential Credit Solutions
Residential Finance Corp.
Residential Funding Company, LLC
Residential Home Funding Corp.
Residential Home Funding Corporation
Residential Home Loan Center LLC
Residential Home Mortgage Corporation
Residential Lending Corporation
Residential Lending Network Inc
Residential Lending Services, Inc
Residential Lending, LLC
Residential Loan Centers of America, Inc.
Residential Mortgage Advisors LLC
Residential Mortgage Associates, Inc. dba RMA Lending
Residential Mortgage Capital
Residential Mortgage Center Inc.
Residential Mortgage Corp.
Residential Mortgage Corporation
Residential Mortgage Funding, Inc.
Residential Mortgage Group, a division of Inter Savings Bank
Residential Mortgage Network, Inc
Residential Mortgage Services Inc
Residential Mortgage Solution LLC
Residential Mortgage Solutions
Residential Mortgage, LLC
Residential Mtg. Group, Inc.
Residential Wholesale Mortgage, Inc.
ResMAE Mortgage Corporation
Resolutions Capital, LP
Resource Financial Services, Inc
Resource Lenders, Inc.
Resource Mortgage Corporation
Resource One Credit Union
Resource One, Inc.
Response Mortgage Services Inc.
Resurgent Capital Services
Reunion Mortgage, Inc.
Reverse Mortgage Solutions, Inc.
Revolutionary Mortgage Company
RFC Trustee 01
RFC Trustee 02
RFC Trustee 03
RFC Trustee 04
RFC Trustee 05
RH Lending, Inc. d/b/a Residential Home Lending
Rhodes Financial Services Mortgage LLC dba Rhodes Fin’l Mtg
Rhome Asset Management Corporation
Ribble Real Estate LLC
Richland Federal Credit Union
Richland Mortgage Company, LLC
Ridge Mortgage Services Inc.
Ridgeview Mortgage Associates, Inc.
Riggs Real Estate Investment Corporation
Right-Away Mortgage, Inc
Rimrock Credit Union
Risk Management Group, LLC dba RMG
River Bank & Trust
River City Mortgage & Financial, LLC
River Funding Corporation dba River Home Lending
River Mortgage, LLC
River Region Credit Union
Riverbend Bank dba Riverbend Mortgage
Riverbend Mortgage Inc
Riverside Bank of the Gulf Coast
Riverside Mortgage Company LLC
Riverside Mortgage Company, Inc.
Riverside Mortgage Corp.
Riverside National Bank of Florida
Riverview Community Bank
Rivoli Mortgage
RJ Commercial Funding, Inc. dba Gateway Mortgage
RKS Financial Services, Inc
RMA Lending, LLC
RMC Vanguard Mortgage Corp.
RMK Financial Corp dba Majestic Home Loan
RMR Financial LLC d/b/a Princeton Capital
RMS & Associates
RNB Inc. dba Cornerstone Mortgage Company
Robertson & Anschultz
Rochester Home Equity, Inc
Rockaway Beach Financial
Rockwood Bank
Rocky Mountain Bank
Rocky Mountain Bank (MT)
Rocky Mountain Credit Union
Rocky Mountain Mortgage Group, LLC
Rocky Mountain Mortgage Specialist, Inc.
Rocky Mountian Mortgage Co.
Rogue Federal Credit Union
Rolwes Mortgage Co. LLC
Rose Rock Bank, a Division of Union Bank
Ross Mortgage Company, Inc.
Ross Mortgage Corporation
RoundPoint Mortgage Servicing Corp.
Royal Credit Industries, Inc.
Royal Mortgage Company, Inc.
Royal Pacific Funding Corp dba Pacific Banc
RP Funding, Inc
RPM Mortgage, Inc
RSR Home Loan Corporation
RTR Capital LP
Rubiola Mortgage Company, Inc.
Ryan Mortgage Co
Ryland Mortgage Company
S&L Investment Lending dba JC Mortgage
S&T Bank
S.M. Neider Mortgage Consultants, Inc.
S.W.I Financial Services, Inc. dba Integrity 1st Mortgage
S/C Financial LLC dba Quest Mortgage Consultants
Saab Financial Corporation dba Saab Mortgage
Sabal Palm Bank
Sacramento Credit Union
Sacramento Valley Mortgage Corp. dba Greater Valley Mortgage
Saddlebred Capital Mortgage, LLC
Safeguard Properties
Safeguard Properties Inc.
Sagamore Home Mortgage, LLC
Sahara Mortgage Corporation
SAIL MORTGAGE CORP
Sajomi Holdings Corporation DBA Lenders Residential Mortgage
Sallie Mae Home Loans
Sam Houston Mortgage Co., Inc.
San Angelo National Bank
San Antonio Mortgage Company, LLC
San Diego Funding
San Jacinto Mortgage Inc dba Mtg. Spec. of Greater Houston
San Luis Capital, Inc.
Sanborn Mortgage Corp.
Sandhills Bank
Sandy Spring Bank
Santa Cruz Home Finance
Santa Cruz Mortgage Company
SASCO 1999 AL2/US Bank NA
SASCO 1999 ALS3/US BK NATL ASSOC
SASCO 1999 SP1/FNB Chicago
SASCO 2000 ARC-BC3
SASCO 2000-3
SASCO 2000-4
SASCO 2000-RF1
SASCO 2001-1
SASCO ARC 2001-BC2
SASCO1999ALS-1/Chase Manhattan Bank
Saugus Federal Credit Union
Savage Mortgage Services LLC
Savi Ranch Financial Inc. dba Western Pacific Financial Inc.
Savings First Mortgage LLC
Sawgrass Funding LLC
Saxon Equity Mortgage Bankers, Ltd.
Saxon MortgageServices, Inc.
SBMC Mortgage
SBW Management, LLC dba Capital Home Loans
SCBT, N.A.
SCD Recovery, LLC
Schaefer Mortgage Corp.
Schmidt Mortgage Company
Schmitt Mortgage, LLC
Scholastic Mortgage LLC
Schyndel Investments, Inc.
SCME Mortgage Bankers, Inc.
Scott Financial LLC dba Des Peres Mortgage LLC
SDK Real Estate Funding LLC dba Allied Banc Mtg/Allied Mtg L
Sea Financial Group, Inc.
Seabreeze Financial Services, Inc.
Seacoast National Bank
Seattle Bank
Seattle Pacific Mortgage, Inc.
Sebring Capital Partners, Limited Partnership
Sebring Capital Partners, LP (Subprime Div.)
Secure Lending Solutions, Inc.
Secured Funding Corp
Security Atlantic Mortgage Co., Inc.
Security Bank of Kansas City
Security Federal Bank
Security Federal Mortgage Corp.
Security First Bank
Security First Mortgage, Inc.
Security Home Mortgage LLC
Security Lending Wholesale
Security Mortgage Corporation
Security Mortgage Corporation (MI)
Security Mortgage Funding Corporation
Security Mortgage, Inc.
Security National Life Insurance Company
Security National Mortgage Company
Security National Partners Limited Partnership
Security One Mortgage
Security Real Estate Services, Inc.
Security Savings Bank, FSB
Security Service Federal Credit Union
Security State Bank
Security State Savings Bank
Select Fnancial Services Inc dba McColly Mortgage
Select Mortgage
Select Mortgage Corporation
Select Mortgage Group Ltd.
Select Portfolio Servicing Inc
Selene Finance LP
Selene RMOF BOA 063008 LLC
Selene RMOF Loan Acquisition LLC
Self Help Ventures Fund
Selleck Mortgage Group, Inc.
Sellers Financial Group, Inc. dba Sellers Mortgage Corp
Seminole Moneytree Inc.
Senderra Funding
Sente Mortgage Corporation
Sentinel Home Mortgage LLLP
Sentinel Mortgage Co.
Serramonte Mortgage Company, Inc. dba SMC Bancorp
Service First Mortgage Corp.
Service First Mortgage dba Trans-Act Mortgage
Service Mortgage Underwriters, Inc.
Servis First Bank
Seven Seventeen Credit Union
Severn Mortgage Corporation
Severn Savings Bank, FSB
SFF Mortgage, Inc. DBA Security First Financial
SFG Bancorp
SFJV 2005, LLC
Shamrock Bank of Florida
Shamrock Financial Corporation
Shamrock Mortgage Inc.
Share Plus Federal Bank
Sharp Mortgages, Inc.
Shasta Financial Services, Inc. dba First Capital
Shea Mortgage – Corporate Office
Shearson Home Loans
Shelby State Bank
Shelly K Hulse dba Shell Mortgage
Shelter Mortgage Inc.
Shelton Mortgage Group, LLC
Sher Financial Group, Inc. dba Citizens Lending Group, Inc.
Sherwood Mortgage Group, Inc.
Shore Mortgage
SI Mortgage Company
Sibcy Cline Mortgage
Sids Mortgage Inc dba Alliance Financial Mtg.
Sidus Financial Corporation (NC)
Sidus Financial Corporation (VA)
Sidus Financial LLC (SC)
Sidus Financial, LLC – New England Regional Office
Sierra Financial Mortgage, LLC
Sierra Home Loans, LLC
Sierra Pacific Home Loans, Inc.
Sierra Pacific Mortgage Company, Inc.
Sierra Star Financial, LLC
Sigmund Financial Group Inc.
Signature Bank
Signature Bank of Arkansas
Signature Lending Group, Inc.
Signature Mortgage Corporation
Signature Mortgage, L.L.C.
Signia Docs, Inc.
Silver Mortgage Bancorp, Inc.
Silver Oak Mortgage, LP
Silver State Bank
Silver State Financial Services, Inc. dba Silver State
Silvergate Bank
Silverstone Mortgage Group, LLC
Silverton Mortgage Specialists, Inc.
Simmons First National Bank
Simonich Corporation dba BWC Mortgage Services
Simplfi.com, Inc.
Sioux Falls Federal Credit Union
SIRVA Mortgage
Sisters Contract Mortgage Solutions Inc
SIU Credit Union
SK & Associates LLC dba Desert Sun Mortgage
Skofed Mortgage Funding Corporation
Sky Capital Mortgage, LLC
Sky Federal Credit Union
Sky Investments Inc. dba North Star Lending
Skyline Funding
Skyline Mortgage Company
Skyline Mortgage LLC
Slavie Federal Savings Bank
SLM Financial Corporation
Smart Choice Loan Center, Inc
Smart Wholesale Lending, Inc
SMI Lending, Inc
SMI Residential Mortgage, Inc.
SN Servicing Corp.
SNMLT 2001-2
Sno-King Mortgage Inc.
Societe Generale dba SG Mortgage Finance Corp
Sofin, Inc
Solace Financial LLC
Solstice Capital Group, Inc. dba Loanbus
SoluBanc Funding, Inc.
Solution One Mortgage
Solutions Bank
Solutions Funding, Inc.
Solutions Lending LLC
SolVerus Banc Incorporated
SOMA Financial
Somerset Investors Corp dba Somerset Mortgage Bankers
Sonterra Mortgage Capital, LLC
Sophia Ventures, Inc dba Elite Lending
Sotheby’s/Lehman Mortgage Services, LLC
Sound Mortgage, Inc.
Source Mortgage Corporation
Source Mortgage, LLC
Source One Mortgage Corporation
South Central Bank of Barren County, Inc.
South Chase Mortgage Corporation
South County Bank
South Lakes Mortgage Bankers, Inc.
South Pacific Financial d/b/a Funding Solutions Bancorp
South Shore Financial Services, Inc.
South Valley Bank & Trust
South Wind Tours & Excursions
Southcoast Community Bank
Southeast Bankers Mortgage Corp
Southeast Funding Alliance Inc.
Southeast Mortgage of Georgia
Southeast TX Equity Mgmt Inc dba Acq Funding or Home 1st Mortgage
Southeastern Mortgage Corp.
Southern Equity Mortgage Services, LLC
Southern Fidelity Mortgage LLC
Southern Highlands Mortgage LLC
Southern Home Lending Corp
Southern Horizon Financial Group LLC
Southern Missouri Bank of Marshfield
Southern Mortgage Associates
Southern Mortgage Brokers Inc.
Southern Mortgage Co. of Central LA
Southern Mortgage Source, Inc
Southern Star Mortgage Corp
Southern Trust Mortgage, LLC
SouthFirst Bank
SouthPoint Bank
Southpoint Financial Services, Inc.
Southside Bank
SouthStar Funding, LLC
SouthTrust Mortgage Corporation
Southwest Funding, L.P.
SouthWest Missouri Bank
Southwest Mortgage Corp.
Southwest Mortgage Partners
Southwest Securities FSB (warehouse)
Southwest Securities, FSB
Southwest Stage Funding, LLC dba Cascade Financial Services
Southwood Mortgage Co.
Sovereign Bank
Sovereign Bank (PA)
Sovereign Bank (TX)
Sovereign Bank/NATCO
Sovereign Bank-Capital Markets (Newton)
Special Project RFC
Specialized Loan Servicing, LLC
Specialty Mortgage Corporation
Spectra Financial Inc.
Spectra Funding, Inc.
Spectrum Financial Group
Spectrum Funding Corp
Spectrum-Hale Partners, LLC dba Hale Financial Partners
Spire Federal Credit Union
Spirit Bank
Spurr Mortgage Corporation
SRI dba SRI Mortgage, SRI Wholesale, SRI Lending
ST Fin Corp dba Star Financial
St George Mortgage Inc
St Louis Federal Mortgage Co.
St. Francisville, LLC
St. Louis Bank
St. Louis Mortgage Connections Inc.
Stagecoach Mortgage, LLC
Standard Bank and Trust
Standard Equity Funding
Standard Mortgage Corp
Standard Pacific Mortgage, Inc.
Stanford Federal Credit Union
Stanley Capital Mortgage Company, Inc.
Star Funding, Inc
Starwood Vacation Ownership Inc.
Starwood Vacation Ownership Portfolio Services, Inc.
State Bank
State Bank of Delano
State Bank of Southwest Missouri
State Central Credit Union
State Farm Bank FSB
State Highway Patrol Federal Credit Union
State Lending Corporation
State Mortgage LLC
State of New York Mortgage Agency (SONYMA)
Statewide Bank
Statewide Bank (Correspondent
Statewide Financial Group, Inc.
Statewide Lending, Inc.
Stearns Bank N.A.
Stearns Lending Inc., A California Corporation
Steel Mountain Capital, Inc and Its Wholly Owned Purchasing
Stellarone Bank
Steller Mortgage Corporation dba Freedom Financial
Stenton Mortgage Inc
Stephen H. Robin dba HMC Enterprises
Stephen W. Head dba Texas Premier Mortgage
Stepstone Mortgage Company, Inc.
Sterling Asset & Equity Corp
Sterling Bank
Sterling Bank & Trust, FSB
Sterling Capital Mortgage
Sterling Coast to Coast Financial Group, Inc.
Sterling Eagle Mortgage Investment Company, LLC
Sterling Empire Funding Association, LTD
Sterling Home Mortgage Corporation
Sterling Home Mortgage, LLC
Sterling Mortgage and Financial Services, Inc.
Sterling Mortgage Corporation
Sterling Mortgage Services of the Treasure Coast, Inc
Sterling National Mortgage Company, Inc.
STERLING SAVINGS BANK
Sterling State Bank
Stewart Financial Enterprises Inc dba City Fund Mort Lending
Stewart Mortgage Information Services
Stewart Mortgage Services, Inc.
Stewart Title of Northern New England, Inc.
Stifel Bank & Trust
Stillwater Mortgage, LLC dba Turnbury Mortgage
Stirling II Corporation dba Stirling Mortgage
Stock Financial, LLC
Stock Yards Bank & Trust Company
Stockman Bank of Montana
Stockton Mortgage Corporation
Stockton Turner LLC
Stoffer Mortgage Inc.
Stone Creek Capital Mortgage
Stone Mortgage Corporation
Stonebrook Mortgage Corporation
Stonebrook Mortgage Services, Inc.
Stonecreek Funding Corporation
Stonegate Mortgage Corporation
StonehamBank-A Cooperative Bank
Stonetrust MortgageLending LLC
StoneWater Mortgage Corporation
Straight Line Mortgage, Inc.
Strait Financial Corporation
Strata Bank
Strategic Capital Mortgage, Inc.
Strategic Lending, Inc.
Strategic Mortgage Company
Stratus Mortgage, LLC
Streeter Brothers Mortgage Corp.
Stronghold Funding LLC dba Stronghold
Structure Mortgage Inc.
Suburban Federal Savings Bank
Suburban Mortgage Company of New Mexico
Suburban Mortgage Inc.
Success Investments, Inc.
Success Mortgage Partners, Inc
Sullivan Financial Services, Inc.
Summatyme LLC
Summit Bank
Summit Bank, Tulsa
Summit Credit Union
Summit Credit Union (WI)
Summit Financial LLC
Summit Funding Inc
Summit Investments Loan Corp dba Loanisland
Summit Lending Group, Inc.
Summit Lending Solutions Inc
Summit Mortgage Bankers, Inc.
Summit Mortgage Corp. IL
Summit Mortgage Corporation
Summit Mortgage Corporation LLC
Summit Mortgage Corporation TX
Summit Mortgage Inc
Sun American Mortgage Company
Sun Capital Inc
Sun Home Loans, Inc.
Sun Quest Funding LLC
Sun Valley Mortgage Services LLC
Sun Vista Mortgage Services Ltd Co
Sun West Mortgage Company, Inc.
Sunbelt Lending Services
Sunbelt Mortgage, LLC
Suncoast Financial, Inc.
Suncoast Mortgage Bankers Inc
Suncoast Mortgage Corporation
Suncoast Mortgage Group, LLC
SunFirst Bank
Sunflower Bank N.A.
Sunlending Mortgage Corporation
Sunmark Federal Credit Union
Sunrise Financial Services, Inc.
Sunset Bank & Savings
Sunset Direct Lending
Sunset Financial Resource Inc.
Sunset Mortgage & Investment Corp.
Sunset Mortgage Co.
Sunset Mortgage Company, LP
Sunset Portfolio Servicing Company, LLC.
Sunset West Mortgage, Inc.
Sunshine Financial Group, Inc.
Sunshine Mortgage
Sunstreet Mortgage, LLC
SunTrust Mortgage, Inc.
Sunwest Bank
SunWest Mortgage, LLC
Superior Bank
Superior Lending Corp.
Superior Lending Mortgage Inc
Superior Mortgage and Equity Corp.
Superior Mortgage Corporation
Superior Mortgage LLC
Superior Mortgage Services LLC
Supreme Funding Corporation
Surecredit USA Home Loans, Inc.
Susquehanna Bank
Susquehanna Mortgage Corporation
Sussex Group, Inc.
Sutton Bank
SVO 2008-A VOI Mortgage Corp.
Swan Investments Intl., Inc. dba International Mortgage
SWBC Mortgage Corporation
Sweetwater Home Fin. of Houston, Inc. dba Sweetwater Mtg. Co.
Swinford Capital Corp.
Sycamore Funding Inc.
Sydion Financial LLC
Symmetry Mortgage Corp
Synergy Capital Mortgage Corporation
Synergy Home Loans, LLC
Synergy Mortgage Group, Inc.
Synergy One Financial Services, LLC
Synovus Mortgage Corp.
Syracuse Securities Inc
Syringa Bank
T.D. Service Company
T.J. Financial, Inc.
T.R. Hughes Home Mortgage Co. LLC
Tahoe Executive Enterprises, Inc dba Paragon Mortgage Service
Tamayo Financial Services, Inc.
Tartak Mortgage LLC
Tarzana Capital
Taylor Morgan Inc dba Community Lending Services
Taylor, Bean & Whitaker Mortgage Corp.
TBI Mortgage Company
TBS Financial Services Inc. dba Lenders Mortgage Services
TC Preferred Funding Inc.
TCD Mortgage Corporation
TD Bank, N.A. – Commerce Bank
TD Banknorth NA
TDA Capital Group, LLC DBA Atlas Capital Mortgage
Team Lending Concepts, LLC
Team Mortgage, LLC
Team USA Mortgage, LLC
TeamBank N.A.
Technology Credit Union
Telemetry Mortgage Opportunities Fund, L.P.
Telesis Community Credit Union
Telhio Credit Union
Tenacity Mortgage
Tennessee Bank and Trust, A Div. of Farmers Bank & Trust Co.
Tennessee State Bank
Tennessee Valley Mortgage of Florence LLC
Terrace Mortgage Company
Terwin Advisors, LLC dba The Winter Group
Texas Bank and Trust Company
Texas BRV, Inc. dba Blue Apple Mortgage
Texas Capital Bank, N.A.
Texas Commercial Funding Group LLC
Texas First Family Mortgage Inc.
Texas Heritage Mortgage, LTD.
Texas Loan Star, Inc.
Texas Mortgage Professionals, LLC
Texas Mortgage Team LLC
Texas Security Bank
Texas Western Mortgage, LLC
The Addison Mortgage Group, Inc.
The Advantage Mortgage Group,Inc
The American Eagle Mortgage Corp.
The American National Bank of Dekalb County’s Mortgage Division
The Anderson Financial Group, Inc.
The Andover State Bank
The Arlington Bank
The Bancorp Bank
The Bank of Canton
The Bank of Charlotte County
The Bank of Commerce
The Bank of Fayette County
The Bank of Georgia
The Bank of Holland
The Bank of Missouri
The Bank of New York
The Bank of New York as Trustee
The Bank of Northern Michigan
The Bank of San Antonio
The Bank of South Carolina
The Bank of the Pacific
The Bollin Mortgage Group, Inc.
The Broadstone Mortgage Company
The Bryn Mawr Trust Company
The Business Bank of St. Louis
The Carroll Mortgage Group, Inc.
The Citizens National Bank of Meridian
The Clinton Mortgage Network
The Coastal Bank dba Coastal Mortgage Company of SC
The Columbia Bank
The CU Mortgage Center, Inc. dba The Mortgage Center,  Inc.
The Delaware County Bank & Trust Company
The El Paso Mortgage Company
The Equity Group Financial, Inc.
The F & M Bank and Trust Company
The Family Credit Union
The First Mortgage Corporation
The First National Bank
The First National Bank Of Chicago – Non-Member
The First National Bank of Deerwood
The First National Bank of Granbury
The First National Bank of Jackboro dba The Highlands Bank
The First National Bank of Ogden
The First, A National Banking Association
The Freedom Bank of Virginia
The Funding Source LLC
The Gordon Group, Inc.
The Grange Bank
The Guernsey Bank
The H55 Group, Inc.
The Herring National Bank
The Hinks Company, Inc.
The Home Equity Network, LLC
The Home Loan Pros, Inc.
The Huntington National Bank
The Hurricane Mortgage Company, Inc.
The Joshua Group Co. LLC dba U.S. Lending
The Kent Group Ltd
The Klein Group, LLC
The LaPorte Savings Bank
The Lenders Group LLC
The Lending Company Inc
The Lending Connection, Inc.
The Lending Group
The Lending Partners, LLC
The Loan Experts Corporation dba All Amrican Finance
The Louisville Mortgage Group
The McCue Mortgage Company
The Milan Group Inc dba Milan Mortgage Bankers
The Money Source Inc.
The Money Source, Inc.
The Mortgage Advantage, Inc
The Mortgage Bankers Corp.
The Mortgage Broker, LLC
The Mortgage Center, Inc.
The Mortgage Center, LLC
The Mortgage Company
The Mortgage Company LLC
The Mortgage Connection
The Mortgage Depot Inc
The Mortgage Firm, Inc
The Mortgage Funding Group, Inc.
The Mortgage Group, Inc.
The Mortgage Group, LLC
The Mortgage House, Inc.
The Mortgage Lending Group, Inc.
The Mortgage Makers, Inc.
The Mortgage Network Wholesale Lender
The Mortgage Network, Inc., dba Mortgage Network North America
The Mortgage Network, LLC
The Mortgage Outlet, Inc.
The Mortgage Place
The Mortgage Shoppe Inc
The Mortgage Source Inc
The Mortgage Specialist LP
The Mortgage Store Financial, Inc.
The National Bank
The New York Mortgage Company, LLC
The Northwestern Mutual Life Ins. Co. dba Northwestern Mutual
The Pappadakis Corporation dba Plaza Mortgage Group of FL
The Park Bank
The Peoples Bank Co.
The Petkewich Corp dba The Mortgage Outlet
The Ping Mortgage Company
The Poca Valley Bank
The Premiere Mortgage Corporation
The Private Bank
The PrivateBank Mortgage Company dba The Private Bank
The PrivateBank Mortgage Company, LLC
The Situs Companies
The Stone Hill Group
The Vault Mortgage Co.
The Warren Group
The Washington Savings Bank
The Washington Trust Company
The Watermark Group Inc. dba Watermark Financial
Thomas Louis Mortgage Inc
Thomas Mortgage & Financial Services
Thornburg Mortgage Home Loans, Inc.
Thoroughbred Lending Company LLC
Three Rivers Financial Services, Inc.
Three Rivers Mortgage
TIB Bank of the Keys
TIB-The Independent Bankers Bank
Tidewater Home Funding, LLC
Tidewater Mortgage Services, Inc.
TierOne Bank
Tim Simko dba First United Lending
Timberland Mortgage Services, Inc.
Tippecanoe Mortgage, Inc.
Titan Funding
Titan Lenders Corp.
TLP Funding Corporation
TM Capital, Inc.
TMBG Inc
TNBank dba TNBank of Oak Ridge
Token Mortgage Corporation
Tomahawk Community Bank, SSB
Top Mortgage Corporation
Top Performers Financial Services, Inc.
Total Funding Corporation
Total Home Source, Inc
Total Mortgage Services, L.L.C.
Tower Mortgage and Financial Services Corp
Tower Mortgage Capital Inc., dba National Home Lenders
Tower Mortgage Corporation
Town & Country Bank
Town North Bank N.A.
Towne Mortgage Company
Townebank Mortgage
Townstone Financial, Inc.
TPI Mortgage, Inc.
Trade Street Mortgage Inc.
Trademark Mortgage LLC
Tradition Mortgage LLC
Tranex Financial, Inc.
Transcontinental Lending Group, Inc
TransLand Financial Services, Inc.
Transnational Financial Network, Inc.
Travis Mortgage, LLC
Treeside Financial, LLC
Tremont Credit Union
Triad Bank, N.A.
Tribeca Lending Corp.
Tri-County Bank
TriCounty Mortgage Corporation
Trident Mortgage Company
Triduanum Financial Inc
Trinity Mortgage Capital, Inc.
Trinity Mortgage Company of Central Florida, LLC dba Trinity
Trinity Mortgage Corporation
TrinityMac
Tristate Capital Bank
Tristone Community Bank
Triton Commercial Capital Incorporated
Triumph Funding, Inc.
True Lending Company, LLC
Truemark Lending, Inc
Truliant Federal Credit Union
Trust USA Mortgage Group
Trustmark National Bank
TrustMor Mortgage Company, LLC
Tucker Mortgage, LLC
Turner Mortgage Company
Turtle Creek Mortgage Inc.
TWA Corporation
Twin Capital Mortgage
Twin City Bank
Twin Star Credit Union
TXL Mortgage Corporation
U S Capital Home Loans Inc
U S DEPT OF HUD
U. S. Lending Group, Inc.
U.P. Catholic Credit Union
U.S. BANK AS DOCUMENT CUSTODIAN – ALL LOCATIONS
U.S. Bank as Trustee
U.S. Bank N.A.
U.S. BANK N.A. N.D. – CONSUMER FINANCE Division
U.S. Bank National Associaton
U.S. Capital Funding, LLC
U.S. Financial LTD
U.S. Mortgage Corporation
U.S. Recordings, Inc.
UBS Home Finance
UBS Real Estate Investments Inc.
UBS Real Estate Securities Inc.
UBS Special Servicing Group
UBS Warburg Real Estate Securities Inc. (Warehouse)
Ulster Savings Bank
UM Acquisitions LLC
UMG Mortgage LLC
UMLIC VP LLC
UMPQUA
Unified Capital Group
Unifirst Mortgage Corp
Unifirst Mortgage Corp.
Unilenders, Inc.
UniMortgage LLC
Union Bank
Union Bank and Trust Company
Union Capital Mortgage
Union Capital Mortgage Business Trust
Union Federal Bank of Indianapolis.
Union Federal Bank of Indianapolis..
Union Federal Mortgage Corp.
Union Federal Mortgage Corporation
Union Federal Savings Bank
Union Fidelity Mortgage Inc
Union Home Mortgage LLC
Union Mortgage Group, Inc
Union Mortgage Group, Inc.
Union Mortgage Omaha Inc
Union National Mortgage Company
Union River Mortgage LLC
Union Savings Bank
Union State Bank of Everest dba Bank of Atchison
Union Trust Mortgage Corporation
United Bank
United Bank & Trust – Washtenaw
United Bank (VA)
United Bank Inc.
United Capital Financial of Atlanta, LLC
United Capital Mortgage Corporation
United Capital, Inc.
United Commercial Bank
United Community Bank
United Community Mortgage Corp.
United Community Mortgage Services Inc.
United Equity LLC
United Federal Credit Union
United Federal Mortgage a div. of United Medical Bank
United Fidelity Bank
United Fidelity Funding Corp.
United Financial Mortgage Corporation
United Funding Mortgage Corp.
United General Mtg Corp dba CLS Mtg a subsidary of UGMC
United Group Acquisition, LLC
United Guaranty Residential Insurance Company of NC
United Heritage Credit Union
United Home Mortgage
United Home Mortgage Corporation
United Lending Solutions LLC dba Home Lending Solutions
United Liberty Mortgage Corp.
United Mortgage Bankers, Inc.
United Mortgage Company – Washtenaw
United Mortgage Finance Group, Inc
United Mortgage Funding
United Mortgage Investors, Inc.
United Mutual Funding Corp
United Northern Mortgage Bankers
United Pacific Mortgage
United Pacific Mortgage as Vendor
United Pacific Mortgage DBA Mandalay Mortgage
United Prairie Bank
United Residential Lending LLC
United Security Financial
United Western Bank
UnitedOne Credit Union
Unitrust Mortgage, Inc.
Unity Mortgage Corp.
Universal American Mortgage Company, LLC
Universal Financial Group, Inc.
Universal Lending Corporation
Universal Lending Services, Inc.
Universal Mortgage & Finance, Inc.
Universal Mortgage Company, LLC
Universal Mortgage Corporation
University Bank
University Mortgage Inc.
University of Wisconsin Credit Union
Uniwest Mortgage Corporation
Unprime Securities Company LLC
Unversity Federal Credit Union
Uptown Mortgage
Urban Financial, Inc.
Urban Trust Bank
US Bank as Custodian/Trustee
US Bank National Association (Warehouse)
US Capital Financial Services, Inc dba Primestreet Lending
US Employees O.C. Federal Credit Union
US Equity Mortgage, LLC
US Financial Funding Inc. dba US Financial
US Lending & Finance LTD
US Money Source, Inc. d/b/a Soluna First
US Mortgage Bankers Inc. dba USMB Inc
US Mortgage Capital Inc.
US Mortgage Corp.
US Mortgage Corporation dba Mortgage Concepts
US Mortgage Finance Corp
US Mortgage Group, LLC
US Mortgage Network
US New Mexico FCU
USA Bank
USA Funding Corp
USA Home Loans, Inc.
USA Mortgage Business Inc.
USA Mortgage Corporation
USAA Federal Savings Bank
USB Home Lending
USU Community Federal Credit Union
Utah Community Federal Credit Union
Utah Financial, Inc dba Federal Mortgage Funding
Utah Housing Corporation
Uvantage Home Lending Services, Inc.
V.I.P. Mortgage Inc.
Valley Bank
Valley Bank of Helena
Valley Mortgage Solutions LLC
Valley National Bank
Valley National Bank (OK)
Valley View State Bank
Valley Vista Mortgage Corporation
Valley West Corporation DBA Valley West Mortgage
Valley Wide Home Loans
Vanderbilt Mortgage & Finance, Inc
VanDyk Mortgage Corporation
Vanguard Funding LLC
Vanguard M & T, Inc.
Vanguard Mortgage Corporation
VantageSouth Bank
Vantium Capital Markets, L.P.
Vantium Capital, Inc., d/b/a Acqura Loan Services
Vaughan Financial Mortgage Group, Inc.
VCH – 1998-A (Wells Fargo as Trustee)
VCH – 1999-A (Wells Fargo as Trustee)
VCH – 2003-A (Wells Fargo Bank of Minnesota, N.A as Trustee
VCH – Beethoven (Dresdner as Lender)
VCH -Alpine (Credit Suisse First Boston as Lender)
Vectra Bank Colorado
Vendor/RFC
Venta Financial Group, Inc.
Venture Bank
Venture Financial Services
Venture One Mortgage Corporation
Veridian Credit Union
Veritas Funding LLC
Veritas In Commercium LLC
Verity Credit Union
Vertical Financial Group
Vertical Lend dba Mortgage Warehouse
Verus Bank, NA
Veterans Home Mortgage Inc.
Victoria Capital Inc dba Victoria Funding Services
Victorian Finance LLC
Vieux Carre Mortgage
Viewpoint Bank
ViewPoint Bank (Warehouse)
Viewpoint Bankers Mortgage
Vigilant Federal Savings Bank
Vigio Lending Corp.
Viking Capital
Village Bank Mortgage Corporation
Village Capital & Investment, LLC DBA Village Home Mortgage
Village Mortgage Company
Vinson Mortgage Services, Inc. dba Vinson Mortgage Group
Vintage Hills Mortgage Corporation
Vintage Mortgage Corporation
Vintage Mortgage Group
VIP Mortgage Corporation
VIP Mortgage Inc.
VIP Mortgage Solutions, LLC
Virgin Money USA, Inc.
Virginia Credit Union Inc.
Virginia Heritage Bank
VirtualBank Seniors Lending Group
Visalia Community Bank
Vision Bank
Vision Mortgage Company, Ltd. dba Vision Mortgage Company
Vision Mortgage LLC
Vision Mortgage Professionals Inc.
Vision Mortgage Resources, Inc.
Vision One Mortgage, Inc.
Vision, Inc.
VISIONBank
VIST Bank
Vista Mortgage Corp.
Vista Mortgage Corporation
Vista Mortgage Services, Inc.
Vitek Mortgage Group
Volunteer Mortgage Lenders Inc
Volunteer Trust Mortgage Corporation
Voorhees Ventures, Inc.
W J Capital Corporation
W. R. Clouse & Associates Mortgage Company
W.J. Bradley Mortgage Capital Corp.
W.M. Howard Inc.
W.R. Starkey Mortgage LLC
W/E Mortgage Services Inc.
Wachovia Bank National Association
Wachovia Bank, NA as Trustee
Wachovia Correspondent Warehouse Lending
Wachovia Mortgage Corporation
Wachovia Mortgage Corporation – Winston-Salem
Wachovia Mortgage, FSB
Wachovia Mortgage, FSB (CP)
Wachovia Securities
Wachusett Mortgage Corporation
Wahlstrom Financial Group
Walker Jackson Mortgage Corp.
Wall Street Financial Corporation
Wall Street Mortgage Bankers, Ltd.
Wallick and Volk
Walter Mortgage Company
Walton Mortgage
Wantland Realty Corporation DBA WRC Mortgage
Ward Lending Group, LLC
Warehouse Lender #1005308
Warehouse USA Capital, Inc.
Warren Bank Mortgage Company, LLC
Wasatch Capital Mortgage, Inc
Washington Financial Group, Inc.
Washington Mutual Bank (Interim Funder)
Washington Mutual Bank (vendor)
Washington Mutual Bank, F.A.
Washington Mutual Mortgage Securites Corp.
WashingtonFirst Bank
Washtenaw Mortgage Company
Waterfall Victoria Master Fund 2008 – 1 Grantor Trust Service
Waterfall Victoria Master Fund Ltd
Waterfall Victoria REO, LLC
Watermark Credit Union
Watermark Financial Partners, Inc.
WaterStone Bank SSB
Waterstone Mortgage Corp.
Watson Group Financial Corporation
Watson Mortgage Corp.
Waukesha State Bank
Waukesha State Bank (WI)
Wausau Mortgage Corporation dba Broadstreet Mortgage
WCRSI 2007-3 LLC
WCS Funding Group Inc.
WCS Lending LLC
Weatherford National Bank
Webster Bank
WEBTD.com, Inc.
Weger Mortgage Corporation
WEI Mortgage Corp
Weichert Financial Services
Welcome Home Finance, LP
Welcome Home Loans, Inc.
Welcome Home Mortgage Inc
Wells Bank of Platte City
Wells Fargo – Acquisition
Wells Fargo as Trustee
Wells Fargo Bank, NA dba Wells Fargo Home Equity
Wells Fargo Foothill, LLC dba Lender Finance Division
Wells Fargo Home Mortgage a Division of Wells Fargo Bank NA
Wells Fargo Mortgage Document Custody
Wendover as SubServicer for Chase
Wendover Financial Services
WesBanco Bank, Inc.
West Alabama Bank & Trust
West Coast 2007-1 LLC
West Coast 2008-1, LLC
West Coast 2008-3, LLC
West Coast 2008-4, LLC
West Coast Bank
West Coast Realty Services, Inc.
West Coast Servicing, Inc.
West Community Credit Union
West Gate Bank
West Michigan Bank & Trust
West Penn Financial Service Center, Inc.
West Suburban Bank
West Town Savings Bank
WestAmerica Mortgage Company
Westbridge Bank and Trust dba Westbridge Mortgage
Westbury Bank
Western Estates, Inc.
Western Fidelity Mortgage Company
WesternFinancial LLC dba American Guaranty Mortgage
Western Horizon Mortgage
Western Mortgage Brokers Inc dba Western Mtg Bankers Inc.
Western Mortgage Corporation
Western Ohio Mortgage Corporation
Western Reliance Funding Group
Western Reserve Bank
Western Residential Mortgage Inc
Western Security Bank
Western State Bank
Western States Mortgage Corporation
Western Thrift & Loan
Western Vista FCU
Western World Financial
Westfield Bank FSB
Westlend Financing Inc dba American Capital Funding Inc.
Westminster Mortgage Co. a Division of Shapell Industries
Westsound Bank dba Westsound Mortgage
Weststar Mortgage Corporation
WestStar Mortgage, Inc.
WFS Mortgage Services Inc.
Whidbey Island Bank
Whitney National Bank
Whitney National Bank (fka Access Mortgage)
Whitney National Bank (fka Parish National Bank)
Wholesale America Mortgage, Inc.
Wholesale Capital Corporation
Wiedman Mortgage, Inc.
Wieland Financial Services, Inc.
Wilber National Bank
William M. Perlmotter dba Executive Mortgage Lenders
William Raveis Mortgage, LLC
Willow Bend Mortgage
Willow Financial Bank
Wilmington Finance, Inc.
Wilmington Mortgage Services Inc
Wilshire Credit Corp.
Wilson & Muir Bank and Trust Company
Wilson Mortgage Services, Inc.
Wilson Resources, Inc.
Windermere Mortgage Services Series LLC a DE Series LLC
Windom Capital Inc. dba Windom Mortgage
Windsor Capital Mortgage
WinStar Mortgage Partners Inc. sub of Partner Loan Services
Wisconsin Mortgage Corporation
WM Specialty Mortgage LLC
WMC Mortgage Corp. Minnesota
WMC Mortgage Corporation
WMD Realty, Inc.
Wolfe Financial, Inc. dba Integrity Mortgage Group
Wolters Kluwer Financial Services
Wood & Huston Bank dba Wood & Huston Bancorporation
Woodfield Planning Corporation
Woodforest National Bank dba Woodforest Mortgage
Woodland Mortgage Partners, Inc
Woodlands Bank
World Alliance Financial Corp
World Capital Mortgage, LP
World Group Mortgage, LLC
World Mortgage Corporation of Miami
World Mortgage Group, Inc.
World Wide Credit Corporation
World Wide Financial Services, Inc.
World Wide Mortgage Group, Inc.
Worldwide Financial Resources, Inc.
Worthington Federal Bank
Worthington Mortgage Group, Inc.
Wow Financial Inc
Wow Financial LLC dba Advanced Mortgage Concepts
Wright Financial Inc
Wright-Patt Credit Union, Inc.
Wyman Funding Group Inc.
Wyndham Capital Mortgage, Inc.
Wyoming Bank & Trust
Wyoming State Bank
Xenia Financial LLC
Xetus Corp.
Xtra Mile Financial Services, LLC
Yale Financial Group, Inc.
York Financial Inc.
Your Best Rate Financial, LLC
Your Community Bank
Your Mortgage Company, LLC
Your Mortgage Source LLC
Your Mortgage Source, Inc.
Yvonne K Yung Kwan Chau DBA YKC Mortgage
Z.T.F. LLC dba At Home Mortgage Group
Zeus Mortgage Ltd
Zino Financial, Inc.
Zions First National Bank
Z-Mortgage Company, L.L.C.

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