This is a simplified EXAMPLE for clarity purposes…
Here is the POA in the Powers Case. The Bank of New York Mellon FKA The Bank of New York, as successor to JP Morgan Chase Bank, NA as you can see upon the BANK of NY POA (click here) and upon the BONYM POA (click here) nearly all were made after the dissolution of Countrywide July 1, 2008. Further nearly every one of the SPV (Special Purpose Vehicle) REMIC's(Real Estate Investment Conduit) trusts were seasoned for a year before being Suspended/Terminated upon the Securities and Exchange Commission before being swapped out into another conduit.
The EXHIBIT A link goes direct to the SEC filings and the SEC suspension/termination along with the outline of proper jurisdiction to which these industry idiots fail to adhere to. If you can follow the SEC reporting history, the 10k report suggests they were required to file 15-D reports (translated into layman terms) this a recordation of a Termination of Registration under Section 12(g) of the Securities Exchange Act of 1934, per 17 CFR 240.12g-4 (b), by the use of double negatives entered upon these reports. These are violations of IRS Section 23301 , 23301.5 , or 23775 of the Revenue and Taxation Code as suspended/terminated REMICS per state Commercial Codes, meaning tax empt SPV were not designed to conduct business in the states let alone file a law suit without the shareholders awareness, meaning that the Board of Directors can be called forth in their involvements with these POA's being issued to dissolved banks to manage. All anyone really should be able to do is order the gold stamped attestation of the form 15-D from the Securities and Exchange committee on there website SEC.GOV to show the courts they hold no standing to foreclose. However being that these lower level courts were designed to conduct business by usurpation of our birth NAMES, to which we have exposed these criminal side civil RICO gigs.
Even if opposing council can convince the courts these investments continues on even if the investors dwindle down, he would need to provide a Majority Action Affidavit of 51% of all the shareholder's all of whom would need to be cross examined and if this was a CWALT REMIC, if opposing council could produce such a list and should that list pass then opposing council would have to explain prospectus outline certificate holders interest as "compound interest" basted upon the future value of the mortgage payments, not the property itself. If respondent council by some miracle could achieve this then he would have to explain why BNY MELLON was judicially instructed to settle the certificate holders interest under their settlement agreement. BNY MELLON Notice of Judicial Instructions
Beyond this, then the courts are accepting heresy wishing heresy as there is no council whom can attest as a witness holding direct knowledge to an emptied REMIC. An IRS audit would verify that the asset (the home) was never purchased by the bank, only tandem net advanced through the passing through of the funding received from the certificate holders in exchange for certificates issues, to which if you look closely you will see they were all attached to the manipulated LIBOR index in order to control the payouts to the investors, and by creating a market collapse, the value of the certificates were depleted to pennies on the dollar.
These Trusts, and all of them are classified with multiple tax exempt Special Purpose Vehicles under the Master Trust. The REMIC's under these POA are referenced under the trusts as “Classification REMIC I”. The pooled loans are classified under a Tiered System and labeled T1-T2-T3 which in turn corresponds to an attached Class of Certificate, or Component offerings. They are but one of three core REMICS under a Grantor Pass through trust all of which hold tax exempt status per the Polling and Service agreements, REMIC II constitutes the alleged assets of REMIC I. REMIC III constitutes Regular Interests of the assets of REMIC II and is considered the “Master” REMIC. This would be a consumer’s monthly payments to a sub-servicer who in turn passes it through to the Master Servicer of REMIC III who in turn issues dividends and interest payments to the Certificate Holders of the Mortgage Loan Trust Classification REMIC I on behalf of The Mortgage Loan Trust. The pooled loans were based upon the future value (or GFE APR approximate value) meaning they were divested because of the tax exempt status they held. Once collateral is divested (broken down into certificates in exchange for FIAT currency) there is no collateral (not that there is actual currency in circulation only promises to pay at some future date).
This is also why these (POA) REMICs were set up to be able to acquire "abandoned" property up front as to not violate this status. However under the 1933 HJR ongoing state of emergency the properties almost never left the property of the Social Security Administration only the NAMEsake was swapped out. (AKA human beings). That is defalcation and misappropriation of Government Assets and a violation of the 80th Articles of War under a national state of emergency. (in laymans terms "Piracy") That aside.. If you look at the the POWERS CWALT flowsheet (click here) you can easily see these are all Special Purpose Entities (SPE) being used to solicit these transactions on behalf of the Master Servicer as a sponsor (not a lender) These SPE are your wholesale mortgage broker agreements. Meaning that "IF" these were in fact securities then these Wholesalers would have to cough up their securities license, and since these were passthrough Grantors trust (meaning they used MEMBER BANKS (AKA your NAMEsake by usurpation of your signature) there was no sale of the asset from the Sponser to the Depositor to the Trustee to the Trust, it means they went straight into collatorilization, they were seasoned for a year, then they were swapped out into another tax exempt conduit then terminated/suspended upon the SEC. Once the collateral is divested in this manner, it ceases to exist. So what you have here is no collateral, no security instrument, and certainly no mortgage. What instead transpired was the passthrough of the certificate holders fundings to tandem net fund the sale, meaning the HUD-1 issued from escrow were actually bill of sales to the consumers "NAMEsake" making it the perpetual property of the S.S.ADMIN under 31 USC 5118 (HJR 192-10). Further it means that no Mortgages could ever exist regardless if they were under the 1933 BK or not because there is not actually currency, only promissory notes. (which fall under Article 3 jurisdiction)
Bottom Line.. in order to prove standing of the REMIC they would have to prove the REMIC purchased the asset prior to its termination date, meaning they would have to provide proof the IRS FORM 8594 asset acquisition was properly filed with the IRS and that they property filed a statement as required under treasury regulation 1.856-6 to enact these foreclosures. To date the IRS has not been able to provide the evidence that proper requirements were met under Title 24 Part 27 under Title 24 to which a Delegation order was issued upon these foreclosures, as any foreclosing party must also file a statement Under Treasury Regulation 1.856-6 et seq. and seeing that these are REMICS to which held shares these foreclosing parties would have to further provide a copy of the majority action affidavit holding contact information for cross examination 51% of the shareholders signatures.
Further… since these REMICS are tax exempt SPV this means that WE THE PEOPLE hold the right under 26 U.S. Code § 856 for a copy of the REMIC's tax returns for further inspection and review and a complete list of the intellectual properties and REO properties contained therein, they were never designed to hold the note or the deed. AND because they are now being used as foreclosing entities acting as holders in due course, this now calls into question the tax exempt status of the REMIC under IRS Code US 26 section §860D. Meaning under 26 U.S. Code § 4975 these attorneys, and the players assisting in these foreclosures are disqualified parties or persons whom engaged in the embezzlement of an estate that did not qualify as lawful recapture of a mortgage (see IRC 26 US Code Sec 1250 and 1245 recapture rules and disallowance). Translated to laymen terms, per these codes they can be held Privately and personally responsible by the implementation of IRS Code 224 for a 100% Penalty for violations of tax exempt SPV status off the undisclosed partnership arrangement to which in turn means that a 100% PLUS a 15% penalty on top, will be the responsibility of these players to repay the IRS on behalf of the Social Security Administration because according to the code… the private individual whom engaged as a disqualified party to an "unqualified recapture" under an improperly conducted foreclosure is directly responsible for such penalties.
This also means we cannot only pull the property address to which were foreclosed upon, we can also pull these "intellectual property master files" to see exactly where these BORROWED monies went and exactly how the Government NAMEsakes were used.
