Bear Stearns Trust 2007-HE4 Series 1 may be in big trouble.
A review of the Pooling Service Agreement (PSA) indicates the master servicer is EMC Mortgage. It indicates the requirements for the mortgage loans to be in the pool. Here is where it is dirty.
Investors in the 2007-HE4 Certificates acted on the prospectus provided by Bear Stearns and EMC Mortgage. They bought into these securities knowing they were all sub-prime mortgages. There was supposed to be criteria for each mortgage to pass before it was to be included in the pool. But this is where the fraud begins.
Many of the mortgages in the Trust were not registered on MERS as required. Many of the lenders were not even members of MERS. There was in fact no agency representation between the lender and MERS. As such naming MERS as nominee was never intended or became an agreement between the lenders and MERS. Subsequently, MERS had no right to make assignments in the name of the lender as nominee.
But more importantly, many of the promissory notes backing the mortgages in the Bear Stearns 2007-HE4 Series 1 trust, were not endorsed properly in blank. Some were not endorsed by the original lender at all. Somewhere along the securitization process when this was discovered, employees of the intermediate holders put the notes in copy machines and copied fake endorsements on the backside. The signatures of the alleged endorsers are not wet ink. These endorsement stamps were copied from other notes and then copied on the back of notes missing endorsements. In some cases companies such as DOCX and LPS fabricated fraudulent endorsement signatures for many now defunct lenders. These were placed on the back of notes at the request of lawyers for plaintiffs in foreclosures. As such the pleadings in foreclosure included the "lost note" count and asking for reinstatement. What was the purpose of this "lost note" pleading? It was to keep from presenting the original note into the court file and denying the defendant's a right to do forensics on the endorsement and signature. They did not want this to take place because they knew the endorsement was a fraud. And to think, the investors in these pooled mortgages and notes were led to believe each of these securitized instruments were valid.
Well, now, we are learning that millions of mortgages and notes in these securitized trusts are in the pool against the very rules of the PSA. Thousands of these are in the Bear Stearns 2007-HE4 Series 1 trust. Investors need to make a mad dash to a lawyer. They were bamboozled, swindled, and the banks and mortgage companies involved are in fact some of the biggest ponzi schemes in history. We think Bernie Madoff was a ponzi master magician, well take a look at these Banks and their CEO's who are behind massive ponzi schemes a thousand times greater than ole Bernie boy. But, so far Obama has bailed them out. He is sending his hacks to investigate these banks but in the final public statement we will hear they found no wrong-doing only a few employees acting rouge.
Bear Stearns 2007-HE4 Series 1 trust is a complete fraud. It is time for investors to demand to have a review of every mortgage and note in the pool. If they do not, they can expect their certificates to have the value of used toilet paper.
I send this warning to all you investors, if you do not cover your investment with an investigation, you deserve to lose every dime you gave for these fraudulent certificates. They will be like Confederate money in a short while. Be warned.
For those of you facing foreclosure and your mortgage and note were supposed to be in the Trust, challenge this claim. Demand to see the original note and mortgage. Make sure all signatures are wet ink. Do not allow these shysters slip in a photo shopped copy of your color signature or the endorsement on the back of the note. Check each and every assignment on the back of the note for being copied. Challenge the note and deny you signed it. Make them bring the original into the court file. You can file a motion to compel production of the note and mortgage. In the event the lawsuit against you has a lost note count, you may be entitled to a jury trial of this count. Check your state laws. If you are entitled to a jury trial where lost note is pled, make sure you include a demand for a jury trial on the count naming the lost note claim.
Bear Stearns 2007-HE4 Series 1 trust is a complete fraud. Google 2007-HE4 and select the SEC link. Register as a user. Then scroll down to find prospectus. Click. Then begin reading the information. Pay attention to the Pooling Service Agreement. Pay also attention to the closing date of the Trust. After the closing of the Trust nothing can be assigned into it. So any assignments by MERS or someone else to a Trustee for one of the securitized trusts are invalid.
We will win. Draw out all money from all banks and use cash and or money orders. Make them pay for this fraud. Vote out all judges and Republicans and Democrats who refuse to call for the fraud to be investigated.