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triciae_gw

Determining Price...(Thread #2)

triciae
16 years ago

Started a new thread for this ongoing story...I've linked to the first thread below.

We spent most of yesterday working on tracking down the owners of the 1825 colonial house we'd like to purchase & made some progress. I've started a spreadsheet to track the mortgage & securitization life of the house.

The Saga of a Bankrupt Mortgage Company & Its Subsidiaries:

OK folks, remember back in August when we all heard about American Home Mortgage filing for BK as the credit liquidity crisis first erupted & 7,000+ people lost their jobs? Well, who knew (certainly not us!) that 'our' colonial would become part of this tangled web. But, that is the case.

Here's what we know...

1.) The builder of 'our' colonial purchased in August 2005 for $542K from an elderly widow;

2.) American Brokers Conduit provided the builder with a $650K mortgage in May '06. OK, here's where it starts getting wild. American Brokers Conduit (ABC) is/was a wholly-owned subsidiary of American Home Mortgage (aka AHM). ABC is/was what's known as a 'Special Entity Company" (aka SEC). An SEC, among other things, is a warehousing company for AHM. To make it more simple...AHM transfers loans it originates to ABC. ABC then pools them, arranges for rating by Moody's, S&P, Fitch, etc., & arranges for a trustee to handle the assets of the to-be-sold security known as an MBS (mortgage-backed security). In our case, the warehousing company originated the builder's loan direct without it passing through AHM;

3.) The trustee handling the pool that 'our' colonial ended up in is/was Bank of New York/Mellon. The trustee is responsible for, among other things, transferring money to the owner(s)/investor(s) of the above MBS as people make their mortgage payments each month;

4.) With that as background, we're learned that AHM filed for BK in the Delaware court, Wilmington. I registered for the PACER system so I could track AHM's BK filings online. Whew, what a process that was!;

5.) From the PACER system & various other sources, we've learned who the BK trustee is, who provided the debtor-in-possesion financing, & who the BK judge is. Now, all of this pertains to American Home Mortgage. Remember, 'our' builder's loan is with American Brokers Conduit which is wrapped into the same BK case. There are also several other AHM-owned companies wrapped in. What a mess.

6.) We spoke with an adjacent property owner yesterday morning. He told us that he couldn't figure out who was responsible or what had happened. But, he did give us a couple more names to work with that we didn't know about before. Those are Merrill Lynch & Mayer Brown (the largest law firm in the world with 1,500 attorneys worldwide!). He didn't seem to know about AHM's connection or the BK & we didn't want to give our hand away so we remained quiet & just asked questions. He indicated he thought there was a law suit (could be the BK...or, a suit filed within the BK?). He also told us that we were "not alone in wanting the house" & that there were "others" (hmmm?);

7.) I came home & used zillow.com & the town's websites to get the name/address of this neighbor. We don't think he's as dumb about the whole situation as he came across. I discovered that the man graduated from Ohio State's law school in '67. So, he's an attorney! Most likely, retired based on when he graduated;

8.) Then, we went to work Googling under: American Home Mortgage/American Brokers Conduit/Merrill Lynch/Mayer Brown & were able to confirm that Merrill Lynch does use Mayer Brown to do MBS (motgage-backed securities) with AHM....remember those? That's what American Brokers Conduit does with Bank of New York/Mellon;

9.) So, right now we're working off of an assumption that the mortgage on 'our' colonial went into a CDO from American Brokers Conduit & was sold to Merrill Lynch with ABC retaining servicing.

10.) So, who's responsible & what do we do next? Well, it would seem that Bank of New York/Mellon is probably out of the loop except for trustee duties arising from ongoing servicing of ABC's loans. But, we're pretty sure they won't/can't make liquidation decisions. In any event, Bank of New York/Mellon denies that they are trustee for 'our' colonial despite THEIR NAME BEING ON THE FORECLOSURE DEED! Remember the, "It's not in our data base" conversation I had? Oh, my head hurts...

11.) On Tuesday, we're going to phone the BK trustee. Right now, we're not even sure completely what to ask? How on earth do they find one single house in this mess? Remember, AHM & ABC have sold thousands of these CDOs with tens of thousands of properties wrapped into them. It's like looking for a needle in a haystack amongst the larger picture of this BK. We found several notations that the AHM bankrkuptcy filing is one of the most complicated in our country's history & will likely take years to unravel.

And, if the trustee named on the deed to 'our' colonial doesn't even know they have it...well, how is anybody else supposed to know?

Here's what we 'think' may have happened...

The foreclosure was June 2, 2007. AHM filed for BK on August 6, 2007. After the foreclosure auction, local counsel would have held onto the file here in CT, forwarded the deed to the town for recording, & waited for the deed to be returned. That process takes several weeks to a couple months. Somewhere in America sat a lonely ABC loan officer who knew where this particular file was but his employment was severed on/before August 6, 2007. Hey, he'd just lost his job. He probably didn't tell anybody about the mid-stream, ongoing foreclosures he had outstanding at the time his company imploded? Heck, he didn't even get paid for time worked. (Eventually, we read on the PACER system that the BK judge authorized employee compensation but that was weeks later.)

Now, the attorney who handled the foreclosure auction (he worked for CT, BTW) says that his "contact" is unavailable. Well, NO SH*T! So, he can't help us.

My DH is an attorney. But, he's a smart one. So, that means that he can't/shouldn't either give himself advice and/or represent us. So, on Friday, we contacted a CT attorney who has performed some other legal stuff for us & gave him our sob story. After telling DH that he may never take another phone call from him (intended as a joke!)...he & DH discussed adverse possession & its consequences. Our attorney is not immediately opposed to the idea. But, we've got a lot of attempting to locate the owners to do first.

Shhhh, don't tell anybody; but, we've got access to the house. So, no break & entry is necessary. We can just simply walk in the door.

While DH & I continue our efforts to locate somebody who believes they own 'our' colonial...our counsel is going to look for case law to support quieting title after adverse possession in similar situations. He said he thought there'd been a couple back when the S&Ls went bust in the 80s.

So, there you have it.

Oh, I also learned that FannieMae seized assets intended to pay mortgage payments, homeowners insurance, & property taxes. So, there are hundreds of Americans out there now who made their house payments just like they were supposed to do & now are delinquent on taxes & insurance! Can you imagine? I'd be soooo mad!

If anybody's just starting to read about my saga to purchase this house, here's the link to the first thread.

Oh, and one more tidbit...it's quite possible that whatever MBS 'our' colonial ended up in did not stay with Merrill Lynch. Merrill Lynch may have subdivided up the pool into new MBSs & sold them to ever more investor(s)...maybe even in Singapore for all we know.

We remain open to any & all suggestions to help us track 'our' house! Please offer up anything you can think of that we should be doing...

/tricia

Here is a link that might be useful: Determining Price When There Are No Comps.....

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