Mr Cooper Group Inc (COOP)

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Pooling/Servicing Agreements + DSTs + WaMu Holy Grail + Holy Grail 2 + Book-Value Must be Paid + Preplanned Defective Title -Long Post – Read Carefully

***DST***

http://www.kccllc.net/documents/8817600/8817600120507000000000001.pdf

WMI LIQUIDATING TRUST AGREEMENT WMI LIQUIDATING TRUST AGREEMENT, dated as of March 5, 2012 (this “Trust Agreement”), is by and among Washington Mutual, Inc. (“WMI”) and WMI Investment Corp. (“WMI Investment” and, together with WMI, the “Debtors”), as debtors and debtors-in-possession, William C. Kosturos, as liquidating trustee (together with any successor or additional trustee appointed under the terms hereof, the “Liquidating Trustee”), and CSC Trust Company of Delaware as the Delaware resident trustee (together with any successor Delaware resident trustee appointed under the terms hereof, the “Resident Trustee” and collectively with the Liquidating Trustee, the “Trustees”) of the WMI Liquidating Trust (the “Liquidating Trust”).

WASHINGTON MUTUAL, INC. By: /s/ Charles Edward Smith Name: Charles Edward Smith Title: Executive Vice President & General Counsel WMI INVESTMENT CORP. By: /s/ Charles Edward Smith Name: Charles Edward Smith Title: Executive Vice President & General Counsel WILLIAM C. KOSTUROS By: /s/ William C. Kosturos Name: William C. Kosturos CSC TRUST COMPANY OF DELAWARE, not in its individual capacity, but solely as Resident Trustee By: /s/ Alan R. Halpern Name: Alan R. Halpern Title: Vice President

***WMIH Link to Pooling/Servicing Agreements***

Thanks Dmdmd2020 for research and this is what the document looks like when opened.

Here is proof of WMIH/COOP Participation/Pooling...Look toward the bottom of page two where you will see WMIH listed also on pages 3, 4. 6, 7, 8, 9...almost on ALL nine pages. Be careful as proof and facts could be very troubling.

http://www.consusgroup.com/Report/default.aspx?&Company=washington-mutual-bank-fa&Category=services-218&Library=Companies&Id=100&Page=2&Auth=84bf64ed03


starting on pg 2 WMIH is listed as last entity in the participating entities with dates from years 2007 down to year 2002

Preview
Full Doc
2002
Pooling and Servicing Agreement ?

? WaMu Bank; ? Fannie Mae; ? ISDA; ? Freddie Mac; ? Long Beach Securities Corp Asset Backed Cert SER 2002 2; ? McGraw-Hill Companies; ? Wachovia Bank; ? Wmih
then open link takes us here with doc's from 2016 all the way down to 2009

***WaMu Holy Grail***

*RETAINED ASSETS*YOUR HONOR*They Will Still Be There*


The legal group Akin and Gump are discussing the scope of what the Examiner can examine and what he cannot examine. We also have in there the part (b) of what is to be retained, and that is because in negotiations that we had with all of the settling parties, with the equity committee last week, with the FDIC, we did talk a great deal about the concept of the retained assets.

Now, it's my position, Your Honor, that the examiner doesn't need to know much with the retained assets other than say the assets are retained and therefore the liquidating trust can go ahead and pursue them. They will still be there; they can be carried through. But I understand that the equity committee is very interested in having a neutral third party do an investigation of those retained assets.

***WaMu Holy Grail Two***

Proof JPM was ONLY Servicing - Monies been building in court sanctioned/supervised accounts on behalf of the former WaMu Estate now OWNED by those investors who signed timely releases by 3/2012 and who also have our beloved ESCROW SHAREMARKERS in their respective brokerage accounts.
__________________________________

WaMu Asset Acceptance Corp., as Securitizer, is filing this Form ABS-15G in respect of all mortgage-backed securities representing interests in pools of residential mortgage loans for which it acted as depositor and which are outstanding during the reporting period.

On September 25, 2008, JPMorgan Chase Bank, National Association (“JPMCB”) acquired the banking operations of Washington Mutual Bank from the Federal Deposit Insurance Corporation (“FDIC”). It is JPMCB’s position that certain of the repurchase obligations of Washington Mutual Bank remain with the FDIC receivership.

Assets are reported herein in accordance with Rule 15Ga-1 regardless of the validity of the demand or defenses thereto, and nothing in this report shall constitute, or be deemed, a waiver of any rights, defenses, powers or privileges of any party relating to these assets.

http://whalewisdom.com/filer/wamu-asset-acceptance-corp

See FOOT NOTE ONE - Following Link

http://www.sec.gov/Archives/edgar/data/1317069/000092963815000128/wamu-67348_abs15g.htm

From the GSA:

http://www.sec.gov/Archives/edgar/data/933136/000090951810000371/settlement_agr.htm

***Exhibit Z***

Loan Servicing. From and after the Effective Date (3/19/2012), JPMC shall (a) cause such of its Affiliates to continue to service the loans identified on Exhibit “Z” hereto (the “Loans”) pursuant to the servicing agreements identified on Exhibit “AA” hereto (the “Servicing Agreements”), (b) cause such of its Affiliates to remit to WMI all checks and/or payments received in connection with those loans in its possession and (c) promptly (i) remit to WMI all servicing advances that JPMC is holding with respect to such loans and (ii) provide WMI an accounting with respect to each of the foregoing.

Notwithstanding the foregoing, any dispute that may arise relating to the servicing of such loans during the period from and after the Effective Date shall be brought pursuant to such servicing agreements and this Agreement is not intended to create any additional rights, obligations or remedies.

The Parties acknowledge and agree that (y) the Loans are the only loans that are or will be, from and after the Effective Date, serviced by the JPMC Entities (or their Affiliates) for the WMI Entities (or their Affiliates or their successors in interest) and that the Service Agreements are the only servicing agreements between the JPMC Entities (or their Affiliates) and the WMI Entities (or their Affiliates) and (z) with the exception of the obligations set forth in this Section 2.19, the JPMC Entities (and their Affiliates) shall have no further obligations or liability to any of the WMI Entities (or their Affiliates) with respect to or in any way related to the servicing of any loans for the WMI Entities (or their Affiliates).

Notice that it says WMI and NOT WMB?

Also notice that most of the loans are single family residential loans?

And let's see what is noted in the P&A between FDIC as RECEIVER of assets from WMB and JPM. Closing date 25th of September 2014.

Let's zoom in on Schedule 3.2 (it is called PURCHASE PRICE OF ASSETS by the way, to avoid any misinterpretation):

(a) cash and receivables from depository Book Value
institutions, including cash items in the
process of collection, plus
interest thereon:
(b) securities (exclusive of the capital stock of Market Value
Acquired Subsidiaries), plus interest
thereon:
(c) federal funds sold and repurchase Book Value
agreements, if any, including interest
thereon:
(d) Loans: Book Value
(e) Other Real Estate: Book Value
(f) credit card business, if any, including all Book Value
outstanding extensions of credit:
(g) Safe Deposit Boxes and related business,
safekeeping business and trust business, if Book Value
any:
(h) Records and other documents: Book Value
(i) capital stock of any Acquired Subsidiares: Book Value
(j) amounts owed to the Failed Ban by any Book Value
Acquired Subsidiar:
(k) assets securing Deposits of public money, Book Value
to the extent not otherwise purchased
hereunder:
(1) Overdrafts of customers: Book Value
(m) rights, if any, with respect to Qualified Market Value
Financial Contracts.
(n) rights of the Failed Ban to provide Book Value
mortgage servicing for others and to have
mortgage servicing provided to the Failed
Bank by others and related contracts.
(0) Ban Premises: Book Value
(p) Furniture and Equipment: Book Value
(q) Fixtures: Book Value

If you read all this, isn't it very obvious that the off balance figures on the JPM 10k were made public in 2014 and the closing of P&A in 2014 are related? Not the mention the 38 billion of loans which have not been repaid or liquidated returning to the FDIC receivership?

Isn't it very obvious that JPM as stated in the GSA was pure servicer for Single Family Residential loans (a.k.a. mortgages) and that checks and payment are to be remitted to WMI?

It's a done deal, of which the proceeds soon to be seen on escrows. If you own them that is.

Also interesting tidbit from the P&A:

(f) Servicing. The Assuming Bank shall administer and manage any Asset subject to purchase by the Receiver in accordance with usual and prudent banking standards and business practices until such time as such Asset is purchased by the Receiver.

There we have the kicker right there. According to JPM's own 10k, it is clear that from 2008-2013 there were no purchased assets. In 2014, with the closing of P&A, these assets were ultimately purchased for Book Value.

Hence the off-balance figures we saw on the R-203 document. Assets were finally purchased, and merged into JPM. That's why in 2014 we don't see any former WMB-subsidiary on the JPM Subsidiary List anymore.

And:

All transfers with respect to Asset or assets under this Section 3.6 shall be made as provided in Section 9.6. The Assuming Bank shall transfer all such Asset or assets and Related Liabilities to the Receiver without recourse, and shall indemnify the Receiver against any and all claims of any Person claiming by, through or under the Assuming Bank with respect to any such Asset or asset, as provided in Section 12.4.

***Preplanned Defective Title***

10) This all ties in PERFECTLY with Dmdmd2020 defective title research

https://bpinvestigativeagency.com/washington-mutual-bank-sold-these-67529-toxic-loans-and-not-one-single-foreclosure-by-the-investors/

Excerpt - Here, Chase executes this self-serving assignment to itself from the FDIC declaring beneficial rights to the deed of trust even though they disclosed to the borrower that the owner of the loan is “Deutsche Bank Nat Trust Co as Trustee for WAMU 2007-FLEX1.” This particular investor trust was the subject of litigation within the Washington Mutual, Inc. bankruptcy proceeding (See: WaMu Inc Investor Complaint 2010.)

According to the complaint, the WAMU 2007-FLEX1 was a part of three asset trusts set up by Washington Mutual Preferred Funding, LLC (WMPF), who purchased the assets from WMB in 2006 and 2007. The following asset trusts were labeled “Preferred Trust Securities”:
ASSET TRUST I, ASSET TRUST II, & ASSET TRUST III
(Washington Mutual Home Equity Trust I)
(WaMu 2006-OA1)
(WaMu 2007-FLEX1

Excerpt - Very little information is available regarding these “Preferred Trust Securities” outside of this “Confidential Offering Circular.” (See: Asset Trusts Offering Circular.)

However, one thing is crystal clear. WMB sold “67,529” of these toxic loans totaling “$10,947,602,313.00” to WMPF, and was reimbursed for the sale of these assets. WMPF then sold all assets backing these “67,529” loans to investors in these securities. (See: “Appendix E” of Offering Circular.)

Excerpt – ties in perfectly with Dmdmd2020 research - This fraud story, which Chase and its attorneys continue to stick to, is no longer believable or sustainable based on the cumulative evidence compiled in the public domain.
I can pretty much assure that all 67,529 of these loans have a non-existent and fatally defective chains of title. But here’s something even more dubious and suspicious. In “JP Morgan Chase & Co.’s” 10-K filings with the SEC for fiscal years 2009-2013, “Washington Mutual Home Equity Trust I,” “WaMu 2006-OA1,” and “WaMu 2007-FLEX1” are all listed as subsidiaries of the company, but vanished as subsidiaries beginning in 2014. What I suspect is that these 67,529 loans, or whatever is left of them, were sold by Chase in hedge fund debt purchases in 2014, along with the non-existent chains of title. I’ll save that for another article.

These trusts were set-up as Delaware Statutory Trusts with REMIC status. In virtually all PSA agreements for DST’s that are visible, to which the DST’s are irrevocable and elect REMIC status, they are required to maintain complete separateness from any other person or entity. Chase’s naming of these trusts as subsidiaries certainly smells “fishy.” At best, Chase acquired servicing rights to these loans, but even this should not be assumed. How a servicer can take control of a REMIC Trust and claim it as a subsidiary on its 10-K is beyond me, but I’d sure like to see the documentation granting this authority.

In the meantime, someone explain to me how tens of thousands of foreclosures have been conducted in the names of private MBS REMIC trusts since the crash in 2008, and not one foreclosure appears to have occurred within this toxic group of 67,529 loans in the name of Deutsche Bank as Trustee for these trusts. The odds are virtually impossible.
Per David Dayen’s book, “Chain of Title...”:

Page 295

“Exhibit C: Phoenix Light v. JPMorgan Chase, a 2013 case where investors surveyed the transfer history for 274 loans in JPMAC 2006-WMC4 mortgage-backed trusts, finding that none of the mortgages and notes were conveyed properly before the closing date, making the trust not backed by mortgages (securitization FAIL) and liable for a 100 percent penalty for violating REMIC tax status. A 2012 case against Barclays Bank looked at three other securitizations, similarly discovering that 99 percent of the mortgages were either unassigned to the trusts or assigned improperly. ”

_______________

IMO...conclusions as of September 13, 2019:

1) There are plenty of examples of MBS Trusts such as JPMAC 2006-WMC4, where 99 to 100 percent of the mortgages were not properly conveyed/transferred to the Trust.

2) thus the main question is: Who owns the underlying loans in an improperly conveyed MBS Trust?

Per New York State law:

“Ownership would revert back to the last verifiable owner in the chain”

3) If you believe that by using MERS as the entity that recorded transfers, and became “Nominee Assignee” lender, made all mortgage transfers into MBS Trusts defective (which I believed happened) in the chain of title, this would equate to all WMI subsidiary created MBS Trusts (using MERS) as having intentionally defective chains of title.

Thus, all the mortgages would be owned by WMI subsidiaries because I believe the last verifiable owner in the chain are WMI subsidiaries.

Therefore, WMI subsidiaries are owned by WMI Escrow Marker Holders!

IMO...all mortgages securitized ($692 billion between 2000-2008) in MBS Trusts by WMI Subsidiaries are owned by WMI Escrow Marker Holders.

***NOW tie this in with (DST) Delaware Statutory Trust Trustee, Kosturos***

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.
____________________________________

The Debtors in these chapter 11 cases along with the last four digits of each Debtor’s federal tax identification number are: (i) Washington Mutual, Inc. (3725); and (ii) WMI Investment Corp. (5395). The principal offices of WMILT, as defined herein, are located at 800 Fifth Avenue, Suite 4100, Seattle, Washington 98104. In accordance with terms and provisions of the Confirmation Order, WMI Investment Corp. has been dissolved.

• On 12/8/2017 there were several filings including a California WaMu 1031 Exchange dissolved, a Delaware 1031 Exchange opened

• On 1/18/2018 WMIIC is dissolved, then on 2/13/2018 WMIH announces merger with NSM

• On 7/31/2018 WMIH closed merger with NSM

• "The Delaware statutory trust described above is an investment trust, under § 301.7701-4(c), that will be classified as a trust for federal tax purposes."[8][9]

"[M]ay a taxpayer exchange real property for an interest in a Delaware statutory trust without recognition of gain or loss under § 1031 of the Internal Revenue Code?"[8][9]

"A taxpayer may exchange real property for an interest in the Delaware statutory trust described above without recognition of gain or loss under § 1031, if the other requirements of § 1031 are satisfied."[8][9]