How to find the trust that owns your loan

By Robert K. Ramers If your loan was securitized, it was put into a pool with possibly thousands of other loans and sold to a trust. Shares in this trust were then sold to investors. In order to do a securitization audit, it is necessary to find the name of the trust that owns your loan. Lenders have become extremely reluctant to release this information, because they know you will use it to find out if whether or not they have securitized your loan properly; however, you are entitled by law to have this information. In most cases they have not followed the rules during the securitization process and may have committed illegal, fraudulent and possible criminal acts. At the very least, they may have violated multiple real estate laws and created a situation where they cannot foreclose on your property or where your loan becomes unsecured debt. A securitization audit will uncover these issues and you can use them to fight or sue your lender. Here are the steps to follow to find the name of the trust that owns your loan: 1. The first thing to understand is that the name of the trust that owns your loan will be something like this: HSI ASSET SECURITIZATION CORPORATION TRUST 2006-OPT2. Despite what your lender may tell you when you ask them the question, the owner of your loan is NOT: The company sending you your mortgage bills The name of a bank MERS Ginnie Mae Fannie Mae Freddie Mac The investor or trustee that appears when you do a lookup in MERS, as shown below

2. Your first step is to call your loan servicer (the company that is sending you your mortgage bills) and ask them the following questions:
Copyright 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.netcom.com

How to find the trust that owns your loan

Please tell me the name of the beneficial owner of my loan? What is the name of the trust that owns my loan? I am entitled by law to have this information?

You are entitled by law to have this information you are just trying to find out the name of the party to whom you are ultimately obligated to make your payments to. Your servicer will not want to give you this information they will either say that they do not have it or will give you the name of some bank. You might have to stay on the phone for an hour or more, or make multiple phone calls, but if you are persistent you may get the information. Remember, it is your right to have it! They might ask you why you want the information (it is none of their business). If so, you can tell them that your attorney asked you to get it for him that might motivate them a little. If they will not give you the name of the trust, go online and file a complaint with the Office of the Controller of the Currency. There is an online form that is easy to complete. Provide the information requested, and say that your servicer will not give you the name of the owner of your loan. You can get the form at: http://www.helpwithmybank.gov/contact-us/contact-the-occ.html 3. At the same time you are calling them, customize the attached letter and send them a Qualified Written Request. Be sure to send it Certified Mail, Return Receipt. By law, they must respond to this letter. Do not expect to get much of the information that you requested back from them. They would rather pay the fines for not sending it than give it to you. However, we have found that often they will at least give you the name of the owner of your loan in a cover letter. Also, if you go to court, you can attach a copy of your letter and a copy of their nonsense reply to your pleading to strengthen your case and have fines imposed on them. 4. Go on to the MERS servicer ID database to find the name of the investor or trustee on your loan. To access the MERS database: a. Go to https://www.mers-servicerid.org/sis/search b. You can search by property address or name. Try several variations if you do not find it. If you look at your deed of trust and find the words MERS or MIN followed by a 16 digit number on the top of the deed of trust, you can search by this number.

Copyright 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.netcom.com

How to find the trust that owns your loan

Find the name and phone number of the investor or trustee. Call them and give them the MERS number and ask them for the name of the trust that controls this loan.

5. If you have received a notice of default or notice of trustee sale, check all of the names on these documents. They may have used the name of the trust in the foreclosure process. 6. f you cannot find your loan here, check the Fannie Mae database: http://www.fanniemae.com/loanlookup 7. . If you cannot find your loan here, check the Freddie Mac database: http://ww3.freddiemac.com/corporate 8.. If you cannot find your loan here, it still does not mean that it has not been securitized. You will have to retain a specialist to search the SEC and Bloomberg databases to try to find the trust that owns your loan. 9. Some loans were not securitized. If your loan was made by a credit union, or by World Savings, or by a small local bank, it may not have been securitized. Please feel free to contact me if you need more information or are interested in having a securitization audit performed on your property.

Copyright 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.netcom.com

How to find the trust that owns your loan

QUALIFIED WRITTEN REQUEST TEMPLATE Your name Your address Your city, state and zip Lender Name Lender address Sent via Certified mail # _______________________________ , Return Receipt Signature Required Date
Re: QWR Request re Account Your loan

number for the property located at your property address

For the reasons I present herein, I believe there exist violations and omissions in my account with you. This is a Qualified Written Request (QWR) under Section 6 of the Real Estate Settlement Procedures Act (RESPA) which I issue to obtain specific documents pertaining to our mortgage loan.

1. As my loan servicer and possible note holder, your lender name is given negotiating rights by the Note
owner, so it is essential information for me to know if my loan has been securitized in the secondary market in an MBS series by your lender name, or by our your original lender name if you have purchased the loan. I require a clearly-established agency relationship among all parties to my mortgage. An obscured Note holder/owner also suggests a greater likelihood of noncompliance with federal regulations on pre-default prevention procedures, which is of great concern to me.

2. Clear title to my property is now also in question in light of national news involving mortgage lenders, and
with the rash of document problems lenders have acknowledged, it would seem that bank officers are swearing to affidavits of ownership when they have not even seen the documents in question. Naturally, I require documents from you that I may inspect for any signatures, as well as for account balance status and escrow amounts.. Please be advised that the matters involving account and escrow matters alone makes this request legitimate; RESPA further allows a QWR to request information relating to the servicing of the loan. (See 12 U.S.C. Section 2605(e)(1)(A)). All loan servicers, including your lender name are also aware that certain courts have noted that the QWR process relates to any request for information related to servicing. Cortez v. Keystone Bank, Inc., 2000 U.S. Dist. Lexis 5705, 36-37 (E.D. Pa. May 2, 2000). Under Section 6 of RESPA you are required to acknowledge this request within 20 business days of--and to reconcile irregularities or inconsistencies they reflect within 60 business days of--the date you receive this request. However, The Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law on July 21, 2010, changes the timelines to 5 days and 30 days, respectively. A 15-day extension is allowable only if I am informed about it and given the reasons for the extension. The Act also implements a 10-business day deadline to respond to my request for the identity and address of the owner, or assignee, of the loan, and you may not charge me for performing the QWR. In addition, RESPAs Section 2605 (e)(3) directs you as loan servicer to not report negative information to a consumer reporting agency during the 60 days following receipt of the QWR concerning overdue payments related to that period or to the QWR.

Copyright 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.netcom.com

How to find the trust that owns your loan

Please ensure that all copies of the following documents you provide are clear, legible, and copied in their entirety. I will check each box upon receiving from you each document as follows: 1. 2. 3. Initial Loan Application and Final Loan Application (1003); Deed of Trust/All Addendums; Copy of Wet-inked Note we signed with All Endorsements (pursuant to the SEC-filed Pooling & Servicing Agreement (PSA) and Riders if applicable); Copy of Loan Payment History This must include all payments made, all fees incurred, any and all escrow account disbursements and how payments were applied, any and all payments listed as Corp Adv Statutory Exp Disb and/or Corp Adv Attorney Advance Disb etc., on any payment coupon statements/detailed transaction history print-outs issued by you or Residential Mortgage Capital, and all disclosures and rate sheets; All escrow analyses conducted on the account from the inception of the loan to the date of this letter; Truth-in Lending Statements and Disclosures; All loan servicing agreements between the loan servicer(s) and the loan originator, the note holder/lender, and/or trustees from inception of the loan to the date of this letter; All letters, statements, affidavits, and documents (including Limited Power of Attorney if applicable) sent to us by agents, attorneys, or representatives of your company; Itemization of Amount Financed; Good Faith Estimates; Estimated and Final Closing Statements (Final HUD 1); Appraisal, and Current Fair Market Value of property including the basis for this determination; Title Report; Grant Deed(s). Pooling and Servicing Agreements (PSA) filed with the SEC, and the Article II Provisions showing modification terms allowable for the Servicer to utilize; 15-d 6 Filing with the SEC for the Trust if applicable.

4.

5.
6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

RESPA also requires: Documentation of all loss mitigation evaluations and actions taken on this mortgage loan; A full accounting of all money paid and received on this mortgage loan account from any third party sources, including agreements, contracts, and understandings with vendors that have been paid for by any charges on the account from the inception of the loan to the date of this letter; Additionally, please provide, in writing, the following: (1) Please identify the name, address, and telephone number of the current owner (beneficiary) of the Note; (2) Please identify the name, address, and telephone number of the beneficiary named in the Deed of Trust if different from that of the lender, and the authorization allowing such; (3) Please identify the name, address, and telephone number of the secured party (the current owner of the mortgage); (4) Please identify the name, address, and telephone number of, and any and all fees provided to, the mortgage broker(s) involved in this mortgage loan; (5) Please identify the current location of the originals of the entire loan file, and describe the manner in which they are stored, maintained, and protected. Your prompt processing of this QWR is anticipated and appreciated. Sincerely,

Your name
Copyright 2011 Robert K. Ramers Rev. 8/3/11 Tel: 415-730-4514 Fax: 707-885-0500 email: ramers@ix.netcom.com