July 6, 2009
Re: Loan 6648793
You can imagine the dilemma for Mortgage Back Investments and Trust funds should claims these loans held for sale are subject to FAS 140-3 and guidelines that may enforce derecognition. Our research into this matter suggests the loans were never really transferred as represented. The transfer fails where the FSB never relinquished control of the asset loans carried as a loan held for sale.
Wrongful lender servicer actions intended to deceive a borrower are verifiable under the commission’s guidance and rule 1122 AB. Questions exist as to AM Trust and industry wide allegations of deceptive business dealings by you and other lenders.
Our concern is a lack of transparency while a Trust has failed to act in good faith. The parties lack joinder as a collective lender, including the real holder in due course and all successor and assigns. The parties rely on the mortgage pass-through securities structure for origination commitments and regulatory compliance for high risk obligations that put a federal insured institution at risk.
The originator and Trust Fund, Trustee and Master Servicer appear in a fog as to the conduct of the Sub Servicer, securities platform sponsors and key management. No one in our view is insulated however, from your reporting responsibility including accountants and the attorney’s handling the disposition effort against consumers such as myself. These unlawful business practices fall under SEC criterion for using questionable servicing practices to accomplish a foreclosure in lieu of offering a meaningful workout to borrowers’ such as myself.
The new administrations Troubled Asset Relief Program is a made to be mockery as evidenced by your efforts and deceptive practices. Please provide me with your best offer no later than July 20th to avoid a costly action against your firm. I would entertain cash for keys after sale in lieu of the meaningful workout and modification I was promised and never received.
Samantha Joseph /Senior Counsel /
AM Trust 1111 Chester Avenue Cleveland Ohio 44114