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Thursday, March 07, 2019 3:04:33 PM
All Roads Lead to Delaware + Last Link in Chain-of-Title to Prove Ownership
Last link in the chain of title to prove ownership-ALL goes back to those investors who signed timely releases by 3/2012
• Investors who signed timely releases by 3/2012 were issued NewCo/WMIH shares as well as Escrow ShareMarkers identical to what an investor held prior to ownership change on 3/19/2012
• The math formula was 33 old common shares were issued 1 NewCo/WMIH share
• It took about two former preferred WAMKQ shares (about) to get one NewCo/WMIH share
• For one WAMPQ share, an investor was issued almost 20 NewCo/WMIH shares
• The math formula was given to investors early in Jan/2012 about 6-to 8 weeks before the deadline to exchange
• The last ownership change was 3/19/2012 when all former preferred and common prospectuses along with ALL associated documents cancelled on Effective Date of 3/19/2012
• Let us discuss what some investors say is in Safe Harbor but have no connection in last link in chain of title, so for those investors who signed timely releases by 3/2012, who owns them
• We know filings were made on 12/8/2017 with 1031 Exchanges opened/closed and (DSTs) Delaware Statutory Trust opened in Delaware
• We know WMIIC was dissolved on 1/18/2018, so assets were unrecognized/not realized assets moved – Most likely, yes, so how does one track investors who signed timely releases (without using investors who signed timely releases by 3/2012, due this is part of the bankruptcy process), and how does one know who owns these
• I believe these were transferred into possibly DSTs and or other Delaware Trusts
• So who is the Fiduciary overseeing these Trust (s) assets? If assets end up in the DST, it has a trustee (Kosturos) and that is the whole point/difference of a DST 1031 vs a normal 1031, the investors turn over control to the trustee.
From POR 7: As set forth in the Confirmation Order, the members of the Trust Advisory Board hereby designate William C. Kosturos in connection with the applicable provisions of the Delaware Statutory Trust Act, 12 Del. C. § 3801 et seq.
• W. C. Kosturos goes back to the fiduciary who is tied to the Bankruptcy process so to track owners of timely signed releases goes back to Escrow Markers and the infamous 75/25 split for Safe Harbor assets and Delaware Trusts
• Now we know that US Bank, Wells Fargo and DB were/are Trustee for Safe Harbor assets so pre-seizure WaMu Executives were ensuring these Trustees operated in good faith, transferred money in a timely manner and replace bad mortgages when needed
• As we learned, A&M stepped into the shoes to run the re-organization of the Executives when seized so again A&M has been running the business under the cover of legal darkness since 9/2008
• I believe monies coming back to investors who signed timely releases and were issued preferred and/or common Escrow ShareMarkers as everything goes back to the last link in the chain of title. This is controlled by the ownership change on 3/19/2012 and the powers of the bankruptcy court all the while honoring and protecting the Safe Harbor/Bankruptcy Remote assets
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