Judge Romanchak shared that the Hawaii judiciary are very aware of the rising number of these foreclosure and ejectment cases that are coming up in the courts, that some jurisdictions are overwhelmed by these actions and that the appellate courts are trying to get these cases immediately into mediation.
The hearing closed with the Judge stating that there would be no eviction unless he made such a ruling between now and next month. Don’t you wonder if Wall Street is already hedging bets?
While the courts appear to want settlements – it’s apparent that there is a disconnect between the judiciary, the lawmakers and a comprehensive understanding of the shadow banking scheme. The Phillips-Tehiva loan is alleged to be in a trust – but never timely entered the REMIC trust and by New York trust law which governs the trust, any assignment AFTER the trust closes is void.
The Phillips-Tehiva loan was originated by Option One aka Sand Canyon which is no longer in the mortgage real estate business… and Option One was already paid by someone… possibly the Depositor for the Trust – but failed to record the sale and transfer of the loan in the Hawaii Bureau of Conveyances until 3 years after the Trust closed – and 2 years AFTER it went OUT OF BUSINESS. Now, by New York statutes it appears that the assignment is void.
In most trusts, in order to make modifications, the servicer must buy the loan out of the trust at face value; and in order to reduce the principal or modify the loan they have to be willing to take a loss. This is complicated by the fact that on Bloomberg Terminal the loan in the 1A1 tranche of the Trust [where it is allegedly located] is current – fully paid to date.
Even if the Tehiva loan were lawfully in the Trust – the loan is apparently paid – the tranche history show no losses. Nearly half of the loans and tranches have been closed out – the assets are rapidly depleting as the Trust is apparently winding down What the courts need to realize is that, for example in this case, Wells Fargo is merely the Trustee on behalf of the certificate-holders of a Trust and it doesn’t want another toxic asset on its books.
In fact, its doubtful that they have room to hold another loan if the regulators were to assess these Trust loans as assets of the bank.
Wells Fargo is stuck with the position of protecting the certificate-holders from thousands of $$$ in litigation, possibly another $3 million judgment or maybe just walking away to pay for the sins of its predecessors. They certainly do not want a jury trial on Maui.
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