why discrepency in assignment date is important
Kingsman Funding
From another case:
As a consequence of these facts affirmed, this will be prima facie evidence whether or not the assignment to this present claimed holder of rights to this contract is invalid if not fraudulent or illegal. Or that No Assignment actually took place on the date stated.
The record in this case shows this. The Debt instruments of this contract were not assigned by JPMorgan Chase Bank National Association, successor in interest by purchase from the FDIC as Receiver for Washington Mutual Bank (successor in interest to Long Beach Mortgage Company), to Deutsche Bank, as Trustee for Long Beach Mortgage Loan Trust 2005-WL2, until October 2, 2012.
Over 7 years had gone by since the trust would have been closed August 30, 2005 . It had been over 7 years after the closing date of the trust for the REMIC start-up period and of the Pooling and Servicing Agreement, as confirmed in the prospectus for this investment vehicle, having August 30, 2005 the closing date of the asset trust.
Therefore, based on the documentation and expert testimony of these authorities in other cases herein cited in Affidavit A3 with the documents in this case, this is prima facie evidence that the assignment of the mortgage in dispute to Deutsche Bank, as Trustee for Long Beach Mortgage Loan Trust 2005-WL2,to enforce the rights of contract in this mortgage is shown not to have taken place at the time set forth in the assignment recorded if, in fact it ever took place at all for the Plaintiff and successor to Deutsche Bank, as Trustee for Long Beach Mortgage Loan Trust 2005-WL2,to enforce the mortgage in this dispute, which fact is fact is called into question by these findings.
Does the court believe such an assignment, of a non-performing loan, after the trust Closing Date could be valid when to receive it would cause the entire TRUST to lose its IRS REMIC status subjecting its cash flow to double taxation or at a minimum to be taxed at 100% on this loan, and violate its governing instruments and Federal law, breaching its contract with all its investors for which its officers could be prosecuted?
Given these additional facts, the Plaintiff could receive no valid title to the mortgage if the assignor themselves, Deutsche Bank, as Trustee for Long Beach Mortgage Loan Trust 2005-WL2, did not have one. Which, if proven, acts to voids Plaintiff’s claims to be the actual legal, titled owner of this mortgage or for any other party to act in any way in their behalf relevant to this loan in trying to enforce it in their behalf.
And at a minimum whether Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2005-WL2, Asset-Backed Certificates Series 2005-WL2, successor to the assignee of the assignment related above, has received valid title to Defendant’s loan, to enforce it against him in this foreclosure action clearly is a fact in dispute in this case, and a MATERIAL fact where, the court must view the facts in the light most favorable to the nonmoving party. Deli v. Hasselmo, 542 N.W.2d 649, 653 (Minn. Ct. App.1996) (citing Bennett v. Storz Broad. Co., 270 Minn. 525, 531, 134 N.W.2d 892, 897 (Minn. 1965)). And draw all inferences from circumstantial evidence and all doubts in favor of the party opposing the motion without judging credibility. Forsblad v. Jepson, 292 Minn. 458, 459–60, 195 N.W.2d 429, 430 (Minn. 1972); And the summary judgment must be overturned with a reopening of the case and rehearing of the summary judgment motion allowing for these issues to be resolved on the facts and evidence that may be a presented.
There is more to show . But you can see what one can turn up if they only know what to look for whether in documents or in the pleadings of the other side that come with it. If there are questions on how to find this or what might be in your note or mortgage assignment etc. I will be glad to discuss it with you.
Dr Weatherly
On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 41 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 662-489-6554. I just wanted you to know that.
