I am engaged as independent accounting analyst for the above referenced file and subject property tax payer. This correspondence is purely informational and not intended to represent a legal basis, modification request, securities audit, nor substitute for an attorney’s opinion. This correspondence is merely to ask you to assist my efforts for tax payers concerns and IRC rules for anticipated mortgage obligations purported to be in default.My concern is for the 1099 the client will receive at the culmination of the sale handled by you and your office. The sale I believe will result in an abandonment of claims and hence trigger the 1099A or 1099C
First, your office has asserted it is representing the current beneficiary’s interest in the subject collateral and defaulted mortgage. The claims by your client are purporting to be a lender, are not in line with whom issues the 1099 for income attributed to the post foreclosure.This is peculiar as your attributing the entire weight of the foreclosure on the lenders successors a New York Statutory Trust under a securities trust administrator. By your own admission the consumer household was told to contact the lender – who you listed as INDX Mortgage Loan trust 2006-AR27.
The lender is neither a mortgage lender nor servicing agent. The lender here is an indentures trustee operating solely in that capacity as securities and investment funds administrator.You may be forewarned prior to sale that the trustor shown on deed had never elected nor implied or was properly disclosed a willingness to abandon his fee simple rights to the estate identified herein and above.My professional opinion is held under CA CC 2924 et seq. Herein I can link the subterfuge for devisees deployed during a 12 month cooling off period subsequent to tracking a five year bond or debenture listed in the certain pooling and servicing agreements your office references. The debtor is tracking to a five year bond as of date of execution for the note and adjusted for the recording of the deed of trust. The bond or 12 month conversion of assets under GAAP has your office pulling the trigger on a foreclosure the day the fill meets its year seven anniversary.
If correct, you agree you’re firm will be held accountable for dual tracking these bond and securities offerings to a foreclosures statutory time frame in accordance with the state of California. I am a lay person making a professional opinion so your counsel and Trustor’s counsel may elect to review these facts in accordance with the claims.
Herein the situation will cause the Notices of Default and Notices of Sale to have been strategically backdated and calculated in advance of the bonds or assets release date. Something of this nature is not within the framework of the Emergency Economic Stabilization Act. The liabilities of the FDIC bank member appear transferred, as in sold and left to the holdings pledged on account with the Federal Reserve’s eastern branch who is the Bank of New York.
The One West FSB claims or other successor’s claims are an award from the receiver for an interest in equity and not debt. Therefore, no matter how badly duped at signing and during the entire foreclosure process, a consumer household cannot be held obligated under a power of sale for liabilities that extend to an obligor and beyond the terms of his promise.
Therefore how do you intend to deliver to the alleged beneficiary this so called credit bid whereby we anticipate the grantee to be the foreclosing beneficiary? And is this purported washing of assets and liabilities into a power of sale intended to explain why the notice of sale is dated before the first and not recorded? This is also the reason, I assume, the date of the sale coincides with the existing life of loan upon the deeds seven year anniversary?
Your office is triggering a taxable event caused by manipulated a reverse engineered sale and purchase back from the lender under a failed tax shelter scheme.
Your comments and status or update for the coming sale are kindly requested.