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PART TWO of TWO by Dmdmd1 & Bill

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Large Green Member Level  Sunday, 12/08/19 06:46:35 AM
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PART TWO of TWO by Dmdmd1 & Bill Paatalo: "Smoking Gun” Proof That JPMorgan Chase Never Acquired Beneficial Interest In My WaMu Loan Through The FDIC

Posted by Bill Paatalo on Dec 5, 2019 in Uncategorized

****Thank you Dmdmd1 for sharing your Due Diligence***

This little piece of production in my Oregon Ejectment Action just confirmed what I have been testifying to since day-one: Chase acquired no ownership of loans that WaMu sold and securitized prior to the September 25, 2008 takeover by the FDIC.

The story by the Defendants in my case is that Chase acquired beneficial rights to my deed of trust through the FDIC and the Purchase & Assumption Agreement, and proceeded to foreclose non-judicially as the “successor in interest” to WaMu. However, in newly produced documents, I’ve learned that my loan was assigned the investor code “AO1” which I have written about here:

https://bpinvestigativeagency.com/wamu-investor-code-ao1-revealed-chase-stipulates-it-represents-wamu-asset-acceptance-corp/

This code belonged to “Washington Mutual Asset Acceptance Corp” to which Chase stipulated. Chase also stipulated that the loan with the designated code “AO1” did not pass through the FDIC. My position, based on years of investigations and accumulated evidence, is that Chase has been hiding and concealing the identities of the actual investors in many WaMu loans that were sold into private trusts, and have proceeded to foreclose on thousands of homes claiming to be the owner/beneficiary/mortgagee which is flat out false. Well here is some hard evidence that my position is in fact true.

Attached is the escrow wiring instructions for the REO sale transaction of my property to the current occupants who purchased back in 2011. Proceeds from the cash sale were to be wired to account titled “Washington Mutual Bank in Trust for the REO proceeds in Trust for various Investors and Mortgagors.”

It should also be noted, that the real estate sales agreement named the “Seller” as “NRT REOExperts, LLC as agent for JPMorgan Chase Bank, N.A. as Servicing Agent for Owner of Record.”

_____________________

IMO...my conclusions as of December 07, 2019 @ 2049 CST:

1) JPMC did not buy (from the FDIC) or own the securitized loans that WMI subsidiaries created from 2000-2008 ($692 billion). JPMC only owned the servicing rights.

A) WMI owns the retained interests in the securitized loans from 2000-2008 of at least $101.9 billion (per the quarterly and annual reports of WMI from 2000-June 2008).

2) JPMC did not buy (from the FDIC) or own the portfolio loans from WMB & WMB, fsb ($231 billion). JPMC only owned the servicing rights.


3) Per my post on October 24, 2019

https://www.boardpost.net/forum/index.php?topic=14369.msg260410#msg260410

“ Timeline for Exigent Circumstances in November and December 2009:

November 06, 2009: President Obama signed the "Worker. Homeownership, and Business Assistance Act of 2009", which allowed businesses to recoup up to five years of taxes paid instead of two years stated in the previous law.

https://obamawhitehouse.archives.gov/realitycheck/the-press-office/fact-sheet-worker-homeownership-and-business-assistance-act-2009

"Creates Jobs by Cutting Taxes for Struggling Businesses. The bill provides an expanded tax cut to tens of thousands of struggling businesses, providing them with the immediate cash they need to pursue an expansion or avoid contracting or furloughing their workers. The Economic Recovery Act included a provision that allowed small businesses to count their losses this year against the taxes they paid in previous years. Today, the President extended that benefit for an additional year and expanded it to medium and large businesses as well. Business losses incurred in 2008 or 2009 can now be used to recoup taxes paid in the prior five years. This provision is a fiscally responsible economic kick-start, putting $33 billion of tax cuts in the hands of businesses this year when they need it most, while enabling Treasury to recoup the majority of that funding in the coming years as these businesses regain their strength and resume paying taxes."

____________________

November 12, 2009: "The Federal Deposit Insurance Corp. (FDIC) on Thursday approved an interim rule providing a "safe harbor" for the transfer of assets related to certain types of asset-backed securities (ABS) from insured depositary institutions. The transitional safe harbor applies to all securitizations issued before March 31, 2010, shielding the assets from seizure by the FDIC in instances where the insured depositary institutions fail. "

https://www.housingwire.com/articles/fdic-extends-safe-harbor-transfer-new-existing-abs-assets/

[[color=red]i]“FDIC Extends 'Safe Harbor' for Transfer of New, Existing ABS Assets

November 12, 2009 Diana Golobay[/color]

The Federal Deposit Insurance Corp. (FDIC) on Thursday approved an interim rule providing a "safe harbor" for the transfer of assets related to certain types of asset-backed securities (ABS) from insured depositary institutions. The transitional safe harbor applies to all securitizations issued before March 31, 2010, shielding the assets from seizure by the FDIC in instances where the insured depositary institutions fail. The resolution clears some uncertainty regarding the treatment of transferred assets under pending accountancy rule changes for off-balance sheet securitizations, according to Fitch Ratings. Fitch indicated it can now assign ratings to these assets higher than those placed on the originating entity, thanks to the interim rule. The rule grandfathers existing transactions and those issued before March 31, 2010, if the transactions would be compliant with the existing securitization rule and would qualify as a Generally Acceptable Accounting Principals (GAAP) sale for reporting periods before Nov. 15, 2009, Fitch said. "Fitch believes the Interim Rule effectively addresses a key concern that results from existing transactions losing GAAP sale status following implementation of the new accounting rules," Fitch said in a statement Thursday. "Prior to today's clarification, the comfort previously provided by the FDIC -- that it would not seek to recover financial assets transferred in connection with a securitization or participation -- had been jeopardized by SFAS 166 as one of the preconditions of the Securitization Rule was that the transfer qualify as a sale under GAAP provisions." The American Securitization Forum (ASF) also issued a statement supporting the securitization rule extension. “ASF welcomes the FDIC Board’s unanimous action this morning to extend application of the FDIC’s securitization rule to provide needed certainty to existing securitizations as well as those issued over the next few months," ASF said Thursday. "The application of this rule had been cast in doubt by accounting standards changes that will take effect for reporting periods after November 15th, 2009." ASF adds: "Today's action by the FDIC Board will resolve this uncertainty and will allow bank securitizations of credit card and auto loans to resume, which in turn will make additional credit available to consumers at a critical time for the American economy.”

December 18, 2009: US Trustee establishes Equity Committee

IMO...Conclusions as of October 24, 2019 @ 1728 CST:

1) The Debtors (WMI and WMIIC) were in Chapter 11 bankruptcy. OTS/FDIC not only seized the assets of WMB but it also seized the assets of WMI (parent company).

2) Per the FDIC's approval of the transitional safe harbor rule as of November 12, 2009, it explicitly states that the FDIC cannot seize any securitizations that were created prior to March 31, 2010.

3) On the surface, the Debtors (WMI and WMIIC) were essentially saved in the Chapter 11 cases due to the November 06, 2009 signing of the "Worker, Homeowner, and Business Assistance Act of 2009" which allowed the Debtors to get a bigger refund from NOLs because businesses were allowed to recoup 5 years instead of 2 years.

4) But what was very important to WMI was the FDIC's approval of the transitional safe harbor rule on November 12, 2009.


IMO...WMIIC was used as a conduit SPE/SPV to transfer all assets from WMI to DSTs such as Thackeray III Bridge, LLC. The most valuable asset that were transferred were the retained interests (in certificate participation in MBS Trusts created by WMI subsidiaries).

Thus, the retained interests in MBS Trusts were illegally seized on September 25, 2008. The FDIC receivership does not have legal rights to seize WMI assets such as securitizations/retained interests in MBS Trusts.

IMO...WMI Escrow Marker Holders are the rightful owners to WMI assets such as retained interests in MBS Trusts.

IMO...once the Chapter 11 cases and the FDIC Receivership is closed, WMI assets such as the retained interests in MBS Trusts, will be returned to WMI/WMI Escrow Marker Holders. ”







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