
Securitization is the process by which residential and commercial real property mortgage loans are bundled and sold to investors. Securitization can occur months after origination, or it could occur immediately after origination. However, not all loans are securitized.
Investors such as Goldman Sachs, DeutscheBank, Countrywide, Wells Fargo, etc. routinely sell or purchase large blocks of loans and place them into trusts or REMICs (Real Estate Mortgage Investment Conduits). Shares of those are then sold to other investors.
Knowing what happened to a particular loan, where it went and which investment vehicle it ended up in, can be important in foreclosure defense and litigation against lenders, especially for properties located in judicial-foreclosure states.
In non-judicial foreclosure states, this research can be useful in bankruptcy defense, and it can provide the basis for directed discovery or evidentiary hearings, and is especially useful in defense in Unlawful Detainer Proceedings as a complete defense.
Here is a list of judicial foreclosure states:
Florida, Indiana, New Mexico, Kansas, North Dakota, Iowa, Illinois, Louisiana, Alabama, Kentucky, Ohio, South Carolina, Delaware, New Jersey, Pennsylvania, New York Connecticut and Maine.
Other states, including California, Oregon, Washington, use either non-judicial foreclosure methods or a combination of both.
THIS INFORMATION IS NOT TO BE TAKEN AS LEGAL ADVICE AND SHOULD BE EVALUATED BY YOUR ATTORNEY FOR CLARIFICATION AND ADVICE.
If you're a real estate attorney or otherwise have need to obtain documentation on the holder of your client's mortgage Note and/or its securitization history, Certified Forensic Loan Auditors, LLC can provide you the most comprehensive documentation available.

We provide two tiers of Securitization Memorandums:
Tier One: Identifying the most likely candidate investment vehicles. This is the entry-level product that clients choose in order to determine whether a loan was securitized and which avenue it likely took into the securitization market. Our researchers look for typical characteristics with appropriate cut-off dates to narrow the ballpark and provide a basis for a Tier Two Memorandum. View Sample
Tier Two: Identifying the Note holder and the specific investment vehicles into which your client's loan was securitized. This is not always possible due to SEC regulatory limitations, however, the Tier Two Memorandum can provide a much more complete and detailed account of where the loan went and, in many cases, which investor purchased it and who the last holder of the Note was reported to the SEC. View Sample
Public Records Research and Report: Our experienced and dedicated team will comb through County records to obtain evidence of fraud or unauthorized transfers and assignments of property. A comprehensive report details our findings.
Certified Forensic Loan Auditors, LLC is not a law firm and does not give legal advice. We are a business to business litigation support company and our work product is only performed on behalf of licensed Attorneys. |