Is Bank of New York Mellon Trustee for certificate holders of your Loan?

Hopeful In Hawaii

LoanSafe Member
Apr 10, 2010
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Wow, you know I had stumbled on this awhile back but was not sure how to use it and did not have my correct trust name.

Now I do and Freedomwon directed me to this post.

My trust is not listed here at all! ?

Bank Of New York ( CWMBS 2003-01 )

That name was given to me in writing by BofA when they sent me the letter we all got about switching servicers .

I wonder what it means that the trust is not there?

Does it no longer exist????
 

freedomwon

LoanSafe Member
Oct 30, 2010
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California
hopeful - Now that you found your trust, please download all the monthly reports beginning with the month your loan originated. It will no doubt be a lot of files. You want all those files for your permanent record. Download them to your desktop & then you can search month by month to see where you loan is. To save you a ton of time, I recommend beginning your search the month the NOD was filed. Look 1 month before that & 1 month after.

I found the easiest way to do it is to download the files as a pdf, then use the "find" feature up at the top. Simply input your loan number to see if it's contained within that months report.
 

Hopeful In Hawaii

LoanSafe Member
Apr 10, 2010
595
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Yes, that's what I am doing although I am not sure what I can actually use this for?

what will this show or prove other than knowing that this IS the security my loan is SUPPOSTED be in if done legally ( doubtful ).

I can see the date I went delinquent, etc, etc and what it shows as of last recording . I am not sure what it all means but it does have the pay off amount as if I actually had been paying it all along , which may mean BofA has been paying ( I think they are supposed to do that ? ).
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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hopeful - Do you see when the loan was put into the trust if it was delinquent? You can scroll through the row (left to right) & you should see a column that says shows months delinquent. Also, as you look at future months, eventually you will see your loan get re-categorized within the report. It will get moved from under a heading titled "New" to under a heading titled "foreclosure".

These reports can be your "proof in the pudding" so to speak that your loan was securitized into the trust after the trust had already closed. Providing that's what did in fact happen in your case. The reason I suggested you download & save the entire files from the month your loan originated is just in case they go back & doctor the reports. The FRAUD in this whole mess seems to run very deep!
 

Hopeful In Hawaii

LoanSafe Member
Apr 10, 2010
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Good point about having them in case they change them.

I am not in foreclosure and the documents look accurate .

The loan was closed in feb of 2003 and did not become delinquent until they told me to skip payments in 2010.

My first payment was not due till april 2003 and this is also reflected in these documents.

Of course that does not mean my loan had been endorsed, or that BONY ever actually held the note.

My loan was recorded publicly as Countrywide Home Loans, inc.
There has never been any recording of it going to BONY ( or BNY as it was called at the time )

If they try to foreclose it will be interesting than to see what they do.

last month they started calling me twice a day for payments and I kept telling them I am recording the call and also I had sent a qwr to valid the debt and to whom I actually owed the money to.

They stopped calling and now I just get these letters..:-}

BofA really cares. :-}

Hawaii is no longer a non judicial state. If a bank wants to go non judicial, the homeowner can just request to convert
be judicial for a relatively small fee, or request mediation.
 

stephanies

LoanSafe Member
Jan 24, 2011
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Hibiscus
This is great information, but you need to have your trust number first, correct? In the letter that I received from B of A Hm Ln Svg several months ago, that the servicer was changing to B of A NA, it did not list who owned my loan - I have reread it again and again, and there is nothing stated.

Meanwhile, several months ago I was able to look up on MERS that Countrywide sold my jumbo pay option ARM to Merrill Lynch 10 DAYS before we even closed on the home in July 2007, and before we even had signed our paperwork. My deal was one of those where CW slipped in the pay option arm at the last minute, and did not disclose what the true min interest payment would be, just the minumum payment, which was their game back then, wasn't it? We had credit scores in the high 700's and they used that as their excuse to put whatever financials in that they wanted to, despite us putting $85k down on the home and documented income and assets. And they inflated the appraisal on the new home construction, which is documented.

I was denied HAMP, after waiting 16 months, due to the neg amort feature on the loan exceeding the HAMP limit in Jan 2011. They have since also added a $1000 escrow per month to the loan, due to applying for HAMP, and refuse to remove it.

I went late for the first time in August, due to losing my job in March. I did not want to reapply for a mod until I got income coming in again, so am looking to delay the foreclosure process as long as possible. I believe that I should have been a part of the original CW settlement in Oct 08, but according to B of A, I would have been contacted..blah, blah, blah...

I would love to figure out what illegal activity happened on my loan as well here....have you any insights on a mortgage that would have been sold to another investor before the paperwork was even signed, or the loan closed? And any knowledge of what might have happened to the Merrill Lynch transfer since then? B of A 'verbally' told me in February 2011 that regardless if they let the clock run out on the HAMP limit, the 'investor guidelines' would not allow for a mod of any kind. At 7.25% interest, I can see why not, but I also wonder if they have no idea who owns our loan currently.

Interesting, someone found the time to go into MERS recently and change the info to read that B of A is the servicer of both the first and second that we did together at the time of purchase. I did not want to go any further though, and enter my social, as not sure what rabbit hole that would take me down ...

thanks for any insights..
 

hibiscus

LoanSafe Member
Sep 19, 2011
146
2
18
California
stephanies-

They absolutely know who they are purporting the lender to be. Whether there is is any fact to what they purport is another thing. Have you sent a QWR specifically asking who the holder is? Though they prentended for a long time that they could not or did not know who the lender was, that was a lie! Know that we have figured out their pretense, they are divulging the trusts in which our loans were sold into.

I suggest you call or write, and ask them. Everything is better in writing, but if time is of the essence just ask them. Once you have the info, I would be happy to walk you through the process. The information is very telling.

Good Luck!
 

1broomdriver

LoanSafe Member
Oct 12, 2011
114
1
18
cali
So does any of this have to do with why BofA said they were transferring my loan to someone else this summer and then sent a letter that said never mind?
 

hibiscus

LoanSafe Member
Sep 19, 2011
146
2
18
California
1broomdriver-
BOFA is trying to get their ducks in a row. However, the left hand doesn't know what the right hand is doing. By this point you should have the name of your "lender". The reason the mortgages were moved to the other division is because it is FDIC insured. Thus, taxpayers will get the bill for that when the time comes. At this point it is really important to know who your lender is and what trust your loan was securitized in. BOFA is just the servicer, you cannot forget that. It is the holder of the note that holds the power. Be wise and seek out that information.
 

CW California

LoanSafe Member
Feb 26, 2009
1,178
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SoCal
This is a really interesting thread. I hope to research my note when I have time. In the meantime I wonder if this situation had anything to do with the modification I got a couple years ago.

I went thru NACA and they proposed a 2% fixed life of the loan and it was approved. Now at the time the discussion on this board was that it was very important who the investor on the loan was. We were told the investor had to approve of the modification. My loan was originally with Countrywide, taken over by BofA and the investor is BANK OF NEW YORK! Many people at that time who had BONY as the investor got pretty good mods.

Does make you wonder if the FRAUD is the reason why these mods were approved.
 

1broomdriver

LoanSafe Member
Oct 12, 2011
114
1
18
cali
I checked the MERS site and it says BofA services both loans with BofNY as my first and BofA has the second. I am going to check the County records on Monday to see if Countrywide is still listed. I have been amazed that I am almost 60days past due and have not received 1 phone call. Not that I am complaining....but I am curious
 

Pudre

LoanSafe Member
May 9, 2011
23
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0
Trust not listed - Does this mean anything? What's next step?

Freedomwon

Thank you so much for your guidance!! I just looked up our trust (as listed on my County's Website as Current Holder: Bank of New York, Mellon, FKA The Bank of New York CWABS 2005-BC2. There is a -BC03 and BC05 but no BC02, at least that I can find.

Our original mortgage was with Decision One Mortgage, who sold to Countrywide, who was taken over by B of A.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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38
California
CW California - It doesn't make me wonder. I'd bet my bank account on it! These banks have gone to great lengths to conceal their FRAUD. In my case, Countrywide never put my loan into the trust. BofA then put the loan into the "closed" trust from years earlier after it had become delinquent.
 

CW California

LoanSafe Member
Feb 26, 2009
1,178
6
38
SoCal
CW California - It doesn't make me wonder. I'd bet my bank account on it! These banks have gone to great lengths to conceal their FRAUD. In my case, Countrywide never put my loan into the trust. BofA then put the loan into the "closed" trust from years earlier after it had become delinquent.


Freedomwon that is just amazing. When I get some time to get out the papers I am going to research this. I don't really know what good this will do but I would like to know if my loan patterns after yours. What year did your loan originate? I bought my home 3/2005 in Southern California. Where in your paperwork did you find the trust information? Also of interest would be to know if the loans they grouped for these trusts, originally, were regional or did they pick and choose across the nation? Anyway to find this out?
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Freedomwon that is just amazing. When I get some time to get out the papers I am going to research this. I don't really know what good this will do but I would like to know if my loan patterns after yours. What year did your loan originate? I bought my home 3/2005 in Southern California. Where in your paperwork did you find the trust information? Also of interest would be to know if the loans they grouped for these trusts, originally, were regional or did they pick and choose across the nation? Anyway to find this out?
Hi CW California - My loan originated in January 2007. I found the trust information in 2 places. One came to me as a result of a QWR to BofA requesting who the owner of the note is. The other on the assignment of deed of trust at the county recorders office. Information on both matches. It should say something like this: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-2CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2CB.

I haven't come across any information that shows if the loans in the trusts are regional or if they were a mixture from across the nation. What makes this difficult to piece together is many of these loans weren't placed into the trust once originated. Mine originated in January 2007 put wasn't placed into the trust until February 2011. So where I encourage you to do to begin this research is to look at the files the month before during & after the most recent assignment of deed of trust was recorded.

I don't really know what good this will do
It proves the FRAUD of countrywide by not securitizing your loan as they should have. It also proves the FRAUD of BofA by putting your loan into a trust that was already closed. This was their way of trying to clean up the mess without drawing attention to it. It also proves BofA has violated SEC laws by putting a non-performing loan into a closed trust. They did this to establish a paper trail so they could collect on the loss.

I'm real clear in my mind what has been done here & why. Problem is try explaining it to a judge that really has no in-depth understanding of how the loan trusts & mortgage backed securities markets works. In the judges eyes, all these facts does not change the fact that I, as the homeowner, stopped making my payments. In California, so far, that's what it boils down to. I still have hope that may change in the near future!
 

CW California

LoanSafe Member
Feb 26, 2009
1,178
6
38
SoCal
Hi CW California - My loan originated in January 2007. I found the trust information in 2 places. One came to me as a result of a QWR to BofA requesting who the owner of the note is. The other on the assignment of deed of trust at the county recorders office. Information on both matches. It should say something like this: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-2CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-2CB.

I haven't come across any information that shows if the loans in the trusts are regional or if they were a mixture from across the nation. What makes this difficult to piece together is many of these loans weren't placed into the trust once originated. Mine originated in January 2007 put wasn't placed into the trust until February 2011. So where I encourage you to do to begin this research is to look at the files the month before during & after the most recent assignment of deed of trust was recorded.

It proves the FRAUD of countrywide by not securitizing your loan as they should have. It also proves the FRAUD of BofA by putting your loan into a trust that was already closed. This was their way of trying to clean up the mess without drawing attention to it. It also proves BofA has violated SEC laws by putting a non-performing loan into a closed trust. They did this to establish a paper trail so they could collect on the loss.

I'm real clear in my mind what has been done here & why. Problem is try explaining it to a judge that really has no in-depth understanding of how the loan trusts & mortgage backed securities markets works. In the judges eyes, all these facts does not change the fact that I, as the homeowner, stopped making my payments. In California, so far, that's what it boils down to. I still have hope that may change in the near future!
Do you recall the date BofA took over? It's been so long now that I can't remember why they took over. Did they buy them? Were there deals made with the federal government to take over? Why does this government over look all this crap? Anyway thanks for the input. When I get caught up I am going to look for the trust info. I am in the process of defaulting on my 2nd in hopes of settling it. Who knows how long that will take!
 

Pudre

LoanSafe Member
May 9, 2011
23
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0
Can't find our trust information on the site.

Freedomwon

Thank you so much for your guidance!! I just looked up our trust (as listed on my County's Website as Current Holder: Bank of New York, Mellon, FKA The Bank of New York CWABS 2005-BC2. There is a -BC03 and BC05 but no BC02, at least that I can find.

Our original mortgage was with Decision One Mortgage, who sold to Countrywide, who was taken over by B of A.
Anyone know what to do next? What does it mean when you cannot locate it at all.