WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO?

The author of this post is a consulting expert to attorneys and also conducts chain of title assessments and drafts quiet title pleadings.  The information shared here is NOT to be construed as legal advice, but is for the educational enlightenment of the reader.  In all matters involving real property, it is suggested you consult an attorney who is highly versed in quasi in rem matters. 

Imagine if you will … (Rod Serling … tongue-in-cheek LOL) …

You get out your original mortgage or deed of trust, suspecting that the original lender may not have been a real lender at all.  But how can you tell?

The first plausible idea came from research done by a multitude of paralegals (and subsequently homeowners like Linda Nash of Seminole County, Florida, whose final order is published below), revealing that within the Secretary of State’s database for ANY State in the Union, that certain “lenders” may not have actually existed from the git-go (hence the legal term “ab initio” or “from the beginning”).  Two of those suspected illegitimate “lenders” were America’s Wholesale Lender and America Brokers Conduit (which wasn’t registered until 2012, despite the fact that tens of thousands of mortgages and deeds of trust were issued in its name prior to its formal registration).  A last-minute registration does not perfect the actions of an entity taken years prior.

If you have one of these two lenders in your original mortgage, the author would like to hear from you.  Please go to the DK Consultants LLC website’s contact page and leave your full contact information.  Here’s the final judgment from Hon. Robert Pleus (pronounced Ployce), now up on appeal to Florida’s 5th DCA by Bank of America, N.A. (which Pleus served as Chief Judge for a time), highly likely to be affirmed.  Sadly, Bank of America, N.A. thinks that because its predecessor, Countrywide Home Loans, Inc. claims to have used AWL as a “dba” or “doing business as” assumed name, this may NOT be stated as such on your mortgage or deed of trust.  Instead, you may see “America’s Wholesale Lender”, a New York corporation (which of course AWL never was).  Do you see a pattern of fraud here?   Here’s what Judge Pleus asked Linda Nash’s attorney to draft in an “air tight”manner, which I believe he did accordingly:

Final Judgment

While this Judgment may shock some of you, it is to be expected, especially from a Florida circuit.  Florida was one of the “sand states” that confronted foreclosure issues to begin with, so logically, it would be anticipated that if enough homeowners (like Linda Nash) fought for the good of the common man, that something would have to give.  Can you see where the 5th DCA (if affirmed) could likely set off a “s**t storm” of new litigation?  We think so.

Many homeowners were foreclosed on by these two “dba’s” alleged successors, wherein the Final Judgment described above describes the lack of standing to the contrary of what was asserted by Bank of America.  This is a real problem for B of A.   These major banks need to be broken up into little pieces.  If I had my druthers, we’d have “state banks” (see Ellen Brown’s banking website, Web of Debt.com) instead of national banks.  One only has to look at the Bank of North Dakota to see what a successful business model looks like (all without MERS too.)

On another note …

The early bird special ends May 25th for the Chicago events (meaning the prices will go up on May 26th) … if you intend on taking the Chain of Title Assessment (COTA) Workshop, the Quiet Title Workshop, or the UCC Workshop, you need to sign up as soon as possible to get the best deal.  We are offering multiple attendee discounts as well.  Use the pull-down menu on the Clouded Titles website and check that selection and add it to your shopping cart and check out.  Then contact the host hotel and make sure to tell the registration desk you are attending one of the DK Consultants workshops, so you can take advantage of our group discount.  It is BEST to do this BEFORE May 25th.  We hope to see you there, in the furtherance of a positive outcome for America as well as your financial future!

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7 Comments

Filed under Breaking News, Chain of Title Education, Financial Education, Quiet Title Education

7 responses to “WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO?

  1. Reblogged this on Deadly Clear and commented:
    Over 600 pretender lenders have disappeared. Alien bank abductions?

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  2. Pingback: WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO?

  3. Mark Bowen

    The 5th DCA will be relieved of any responsibility or, in this case, liability to render any written opinion or PCA because of BOA’s continuing option for settlement and voluntary dismissal. For people like me, who’s original lender in 2005 was AWL, “a corporation organized and existing under the laws of New York”, there will be no Appellate decision pertaining to contract law and we’ll be relegated, once again, to defending our unlawful foreclosure actions in the Circuit Courts without the benefit of any substantial case law. In my opinion, the issue is very clear; the debt may exist, but is not owed to the named lender nor to any successor and/or assigns. We’ll see, but major issues such as these always seem to find their way under the rug.

    Liked by 1 person

  4. Pingback: WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO? « AXJ USA NEWS

  5. marie

    Unfortunately the appeals court reversed the lower court decision on May 6 2016. I hope this is appealed to Supreme Court. There are many cases like Nash out there in the US. And frankly America Wholesale Lender never really existed. Nor licensed to do business in all states. If more people knew about this it would be a much bigger issue and brought to light. Judges need to take note of this fraud and NOT let it continue to fester. This is Fraud upon the court and contract of the motgage. Most states and the fed have high fines for acts of fraud on lending. Perhaps this case should have went to the Federal Court?

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    • Linda Nash has advised us that this will be appealed to the Florida Supreme Court. This does not change our attack on America’s Wholesale Lender. It’s just that at the time Nash was originally answered, we had no idea what the specific circumstances surrounding AWL were, not like we do now.

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  6. Judith

    More problems for B of A, et al, actually exist in those “AWL” deeds of trust. There are certain clauses buried in the DOT, especially in the later pages, that designate the LENDER as the ONLY entity that can take certain actions. It states that quite clearly with regard to certain actions. MERS is NOT an alternative to the LENDER, nor any beneficiary. It is SOLELY the LENDER. When those actions are needed in the real world for the foreclosure, of course the papers filed state that MERS is acting as the nominee for the beneficiary.

    Even the determination of default references ‘working with the lender”. How did they work with this “lender” to determine the default?

    Has anyone thought about HOW a non-existent entity could be a member of MERS? The membership used was that of CountryWide, but even that belonged to a different branch of the old CW corporate structure than the part that was ‘home’ to the supposed “D/B/A” for AWL (that phantom D/B/A that did not appear on ANY of he “AWL CORPORATION” loans).

    As I recall, one of the activities that was restricted on the deed of trust to being done only by the LENDER was the Substitution of Trustee. Since that substituted trustee is always the entity that initially attempts to foreclose, this should be considered in addition to the problems with the notaries.

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