Mr Cooper Group Inc (COOP)

[Petewamu]

Back in late 2016 I wrote the following article showing evidence that the “LSF9 Master Participation Trust” was a “sham” entity. (See: https://bpinvestigativeagency.com/beware-the-lsf9-master-participation-trust-is-operating-as-a-secret-agent/). Since then, I have been called into cases throughout the United States involving this entity, which is typically named – “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust.”



In opposing this named entity as an expert witness, and providing litigation support in the areas of “discovery,” inconsistent “trust” documents (typically 50-70% redacted), as well as testimony put forth by various counsel and witnesses for this entity continue to mount, and here’s why.



As I stated in my previous article, the “LSF9 Master Participation Trust” is not an actual trust that holds any assets, it is merely a “Participation Agent” per at least one of the many trust documents produced thus far. I point out that the actual “Indenture Trustee” representing a myriad of alleged series trusts is actually “U.S. Bank, N.A.” and NOT “U.S. Bank Trust, N.A.” These are different entities. “U.S. Bank, N.A.” is non-existent in any of these cases involving the “LSF9 Master Participation Trust,” yet this recent letter obtained in a case I’m involved reveals this entity is indeed the “trustee for the Trust that owns the mortgage and note.” (See: US Bank NA Letter Re-LSF9 – July 2018 ). In spite of the admissions in this letter, which I will outline below, a judgment was granted in favor of the Plaintiff “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust” who claimed that IT was the Trustee for the Trust that owned the mortgage and note. (Of note, I was not retained in the case until after the judgment.) The letter provides the following statements:



“The servicer is the party to the Trust that has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the Trust.”

[NOTE: In the trust document referenced in my previous article, the servicer (Caliber Home Loans) which is the same in this case with the attached letter, is named as the servicer for the “VOLT XXVII Asset-Backed Notes, Series 2014-NPL7,” and not the “LSF9 Master Participation Trust.”]

“Please note, the Trust is the owner of the mortgage and note, not the trustee, or us in our individual capacity.”

[NOTE: The alleged version of the trust agreement is signed as follows, and implies that “U.S. Bank Trust, N.A.” is the “Owner Trustee” of the “LSF9 Master Participation Trust,” to which this entity claims in all cases that it is the owner of the mortgages and notes. This does not comport with the above statement by “U.S. Bank, N.A.,” or the “Certificate of Trust filed in Delaware for the LSF9 Master Participation Trust (See: Certificate of Trust-LSF9 MPT). “U.S. Bank, N.A.” states it owns nothing related to the Trust that owns the mortgage and note! But, “U.S. Bank Trust, N.A.” states in these documents that it is the “owner trustee” of the LSF9 Master Participation Trust, who again, is simply a “Participation Agent.”

LSF9 Servicing Agreement - Tim Matyi - Role 2






















This highlights the differences between these two U.S. Bank entities, and if not objected to in these foreclosure cases, the courts brush through these facts like horseshoes and hand grenades – close enough. (i.e. – from a hearing in a recent CT case involving LSF9:

Schiavo snip - lsf9








Back to the letter:

“While U.S. Bank understands and wishes to assist you with this matter, the servicer is the only party with the authority and responsibility to make decisions regarding this mortgage and they are not affiliated with U.S. Bank in any way.”

In every case I’ve reviewed thus far, Caliber or other servicers take the position via counsel that they are acting as agent on behalf of “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust” who owns the mortgages and notes. This is clearly not the case which is confirmed by “U.S. Bank, N.A.’s” admissions in this letter.



Let me hammer this home one more time – Caliber has no affiliation “in any way” with the actual trustee (“U.S. Bank, N.A.”) who represents hidden investors for a multitude of alleged series trusts. No document has been produced thus far in any case I am aware showing Caliber’s authority to act as a servicing agent for “U.S. Bank, N.A.” or any of the various series trusts, nor has any actual “Trust Agreement” of “Pooling & Servicing Agreement” (PSA) ever been produced for any of these series trusts which are being concealed from the courts. U.S. Bank, N.A. who claims to be the actual trustee for the Trust that owns this particular loan, is nowhere to be found in the chain of title, nor was it ever named as an interested party in the foreclosure proceeding resulting in a judgment for “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust.”



This evidence provides clarity as to why “U.S. Bank Trust, N.A.” never refiled its motion in Monroe, as analyzed here by Neil Garfield recently (See: https://livinglies.wordpress.com/2018/07/12/ny-monroe-case-default-entered-against-homeowner-case-dismissed-on-standing-us-bank-never-refiled/)



With the growing dossier I’ve collected on this entity, the evidence now paints a pretty clear picture that the named Plaintiff or foreclosing party “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust” is nothing more than a “straw man” that owns no mortgage assets.