Park Place Securities, Inc.
A Florida USA Corporation


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Before getting into what we do and how REMIC trusts work, if you are visiting this site because you are interested in purchasing a property that is part of a Park Place trust and has been bought by the bank at a sheriff's foreclosure sale, then click Buying Foreclosed Property. If you have an issue with the condition of a foreclosed property, also see that page. Thank you.

In a nutshell, if your mortgage/note is in a trust and in a judicial foreclosure state, we can show you how to fight the banks and likely win the foreclosure action. Ultimately, you might even be able to get your home free without ever making another mortgage payment, under some circumstances and if you do it right.

(Chances are the bank that is foreclosing has no legal right to do so and it never paid a dime for your property promissory note. They are the ones that want a free house.) We know how and we can do things even your lawyer can't. There are some things your lawyer can do, but won't, because he doesn't want to rock the boat. We are in the business of rocking the boat until the bank imposters fall overboard!

However, we do much more than just rock the boat. We provide the one thing that home owners lack and even a high priced attorney can not provide and that is Admissible EVIDENCE in the form of Affidavits, Depositions and Live Trial Testimony.

Just as importantly, in the face of all the loan modification and other real estate scams, we are a real company with real people. We provide lots of free help and what we charge for specialized services is very reasonable. More importantly, we deliver what we say we will.

The bank has evidence but it is almost always fake. Most mortgage assignments purporting to transfer your property into a REMIC trust are complete frauds produced for purposes of litigation. They are fake on their face, but courts usually accept them unless you know how to properly defend your case. We can prove it with evidence standards accepted by the courts. The bank can get people to write affidavits to say whatever they want them to say, and have them testify in court. What do you have? We provide lots of good advice but we can provide you what you must have: admissible evidence. Nobody else in the country is doing this for you.

Many times there is no bank foreclosing. The foreclosure complaint will be in the name of a trustee bank, but that bank will have nothing to do with the foreclosure and will know nothing about it. Many times it is not even the Master Servicer named in the REMIC trust agreement, but instead some hired Sub-Servicer that has absolutely no rights at all. We will show you how to expose this cheat. This also provides you with a great advantage we explain in our Confidential Book.

What few judges or even homeowners understand is that the trustee bank whose name is on the foreclosure complaint as well as every entity involved in the trust did not pay a single solitary dime for your promissory note. They did not lend you any money and they paid nothing for the promissory note or mortgage. In fact, the last entity that actually paid anything for the note was the Depositor, the creator of the trust. Every foreclosure totally ignores the Depositor as do the fake mortgage assignments.

We have found operating in Florida (and other states I am sure) smaller mortgage servicers that are neither registered in Florida as foreign corporations or licensed to provide financial services. Select Portfolio Servicing and Ocwen are large servicers than generally follow the law, but many others do not. Loan brokers, originators and servicers all have to be licensed. If the corporation or LLC is not registered with the Secretary of State and thus does not legally exist in Florida, it can't be licensed, that is a legal impossibility.

To find out if any financial services company is licensed in your state, click NMLS Consumer Access. You can also Google your state's financial licensing agency and check their database.

If the mortgage sub-servicer does not legally exist it can not conduct business in your state. If it does not have a state license, it can't conduct business in your state. In other words, it has no standing or capacity to sue in a judicial foreclosure or to foreclosure or otherwise non-judicially act on a deed of trust. It had no right to collect mortgage payments, much less to declare the mortgage note in default. It can't testify either. If your state requires the foreclosure complaint to be Verified and it is verified by such a sub-servicer, the verification is a fraud and the court has no subject matter jurisdiction. Even if you have already lost the foreclosure action, you can file -- in Florida and most states -- a Motion to Vacate the Judgment and Sale. On the basis of fraud or new evidence it is usually limited to a year or less. (1 Yr. in Florida for example). However, when a court lacks subject matter jurisdiction, that can be attacked at any time.

However, these days most Sub-Servicers like Ocwen are licensed in all states. Still we see cases with small Sub-Servicers operating illegal. In addition, there might be issues with the original note. For instance, Choice Capital Funding, Inc. (a Georgia corporation) was writing loans in Florida during 2003 before it was registered as a corporation in Florida. Those loans are null and void. There are allonges signed (discussed in another article) signed by a person claiming to be the vice president who was never an officer of the corporation.

After Reading Our Site, Get the Full Plan with Our Book

Home Owners Can Win REMIC Foreclosures

Everything you need to know to win a summary judgment motion or a foreclosure trial with or without our help.

Virtually none of this book is available on the internet. Click title for full info, read the Table of Contents and the first 12 pages. A Virtual Foreclosure Law School in a Book. Over 300 Pages.

We can save you a great deal of grief. It may not be necessary to file for bankruptcy to stop the foreclosure. Running to the bankruptcy attorney should NOT be your first step, it should be the very last. If you want to save your home, prepare to spend some time here. Even if you have an attorney, chances are there are things the attorney is overlooking. You need to be educated and prepared to keep an eye on things and understand what is going on.

Leaving it all up to the attorney is going to be very expensive and may well be a complete waste of money. There are things that attorneys just aren't going to do unless you make them. As they say: "The best consumer is the educated consumer." So grab your favorite beverage, settle into a comfortable chair, and prepare to be educated.

Who We Are
We tell you exactly who we are. Our president has a long business history with lots of legal experience, plus other corporations you can easily look up. His businesses include manufacturing security products, professional registered agent for many dozens of other corporations and LLCs, publishing, audio/video production and equipment rentals, plus a bunch of other stuff. Our VP is a licensed real estate agent in Florida. She speaks Spanish if you are more comfortable in that language. Our Corporate Counsel is a member in good standing of the Florida bar. No matter how good your attorney or how smart you think you are, we provide what nobody else can in a custom package for your case: ADMISSIBLE EVIDENCE! My books also provide a legal education you will get nowhere else. Even lawyers regularly purchase my books.

Are you current on payments, but need to refinance? Is your title history in shambles and you can't refinance? Do title insurance companies avoid your property like the plague? We might be able to help. See the index to the left for more information.

Who Owns What and Who is Who?

A Note in a Trust Often Can NOT Be Re-Established.

If your property is in a Trust and the Trustee bank is trying to re-establish the note because it is lost, this is more than likely a TOTAL FRAUD. Your property is probably NOT in the trust and never was.

If the Master Document Custodian does not have it, it was never in the trust. Trying to re-establish a lost note is a fraud on the court, and you. The ONLY time a note in a trust could be re-established is if the MDC appeared before the court and explained to the court how it managed to lose the note, such as a nuclear bomb went off or something. Even the trillion dollars worth of instruments in that 3 story underground vault in New York that were underwater, thanks to Tropical Storm Sandy, are not lost or destroyed. They might be damaged, but there are lots of people working diligently to save them you can be sure.

Most notes were scanned into computer files when they were sold to a trust sponsor. It is possible that the physical notes were never delivered to the trust custodian or the trustee for any number of trusts, but generally they come up with the oiginal note when they have to.

The PSA provides very specific instructions on how everything is to be handled. Violating it to the point of losing the trust's property, if admitted, would open the Trustee and the MDC to millions of dollars in civil actions and void all of their authority to do anything.

The bank is saying the note is lost or destroyed because it NEVER was part of the trust and they never had standing to foreclose. Neither did the Servicer ever have the legal right to collect the interest payments.

So, in a nutshell, if a Trustee or Servicer is trying to re-establish a note that belongs to a REMIC trust, it is a complete fraud. The property was NEVER part of the trust or the Trust is, in effect, admitting to a massive fraud on the investors.

However, what is usually going on is that the sub-servicer that is foreclosing, such as Select Portfolio Servicing, does not have the note or access to the note at the time of filing, and they are covering their butts. The sub-servicer has no actual relationship with the Trustee and there is a convoluted process they have to go through to get the original note which is supposed to be in the hands of the Trust's Document Custodian.

To re-establish a lost note takes a very specific affidavit and other evidence. I have seen many cases where they filed defective affidavits and other evidence that can be attacked, regardless of anything else.

Banks & Servicer's Achilles Heel: No Standing to Foreclose.

Wells Fargo and the other pretenders often do not have standing to foreclose. Many notes and mortgages were never accepted into the trust. There are many notes/mortgages that are off-books that unauthorized Servicing Agents have been collecting payments on that they all purport to be in a REMIC trust when they are not. The mortgage assignments are often frauds from foreclosure document mills and we can help you prove that in court.

In truth the REMIC Trustee has never appeared in any foreclosure case. Our book explains what you can do about this. In point of fact, they will NEVER put anyone on the stand to testify in a REMIC foreclosure. The sub-servicer is used to provide a cushion for the Trustee and Master Servicer. The reason the sub-servicer forecloses in the name of the trust is so in that way it can keep the PSA out of the case. If the sub-servicer or Servicer foreclosed in their own names, then they would have to plead how they have authority to foreclose, which is by contract and the PSA. If they pled that, they can be forced to prove it, and those documents then become elements of the case. This opens the door to challenging the PSA in court.

Mortgage Assignment May Be Fraudulent

Virtually every mortgage assignment in private label REMIC trust foreclosures are fraudulent and were produced by foreclosure document mills in anticipation of foreclosure, not in the normal course of business or out of a legitimate desire to protect the trust. There are many factors that reveal them to be fake, but there is a real simple one you can point out to the judge. The judge is more likely to believe it, of course, if you have an Affidavit from us. The court needs reliable admissible evidence it can legally rely upon. The judge is never going to believe you versus the big bank attorneys.

The biggest tell-tale sign is if the assigment is from the originating bank directly to the trust. In the WCW1 trust the originating bank for 90 percent of the paper was Argent Mortgage Corporation and the other 10 percent was Olympia Bank. Thus, for example, if the transfer is from Argent Mortgage to Wells Fargo Bank, N.A., a trustee for the certificateholders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WCW, it is a fraud. The original lender is not a party to the trust and never has any authority to deposit anything into a trust. ONLY the Depositor can deposit anything into a trust. There are no exceptions. Often the document purports that this was done long after the original lender ceased to exist and long after the trust is closed. There is no such thing as an open trust -- an open trust is a trust that does not exist.

Even if the real parties in interest were memorializing what they really intended to do, though after the fact, it still fails as a fraud because the property is not legally conveyed to the trust. They could have done it right, with the proper endorsements and the proper steps, but for expediency or whatever reason (mostly to save money), chose to take an illegal and invalid path.

Now they manufacture assignments, allonges and powers of attorney to convince the courts they have standing.

The Trustee Wells Fargo of the Park Place trusts is the only party with standing and they will never testify that a mortgage assignment is true. Wells Fargo or any other trustee will never admit, much less under oath, that they have violated the PSA. They will not admit this in a million years. Okay, I exaggerate for effect. To be specific, they will not admit such a thing until the trusts expire in 2036 and 2038, plus ten years for the statute of limitations.

The Banks Cheat! Stop Them.

If the loan is legally in the trust (which is more unlikely then likely because most of the trusts are empty) the Trustee must provide information in the foreclosure complaint how the plaintiff came to hold the mortgage contract. If the Servicer is the real plaintiff, the complaint must also provide the source of the power of the Servicer to foreclose in the Trustee's name. I would argue they have to quote the exact language from the Pooling and Servicing Agreement and then provide the agreement in discovery. In the complaints we have seen, they almost never do that. We'll tell you more about this elsewhere on the site.

To repeat, all the authority comes from the PSA, a contract and trust document. The banks break the contract with their left hand, and then with their right hand waving the contract, they claim the right to foreclose on the borrower. But, they have broken the contract and as it is their own source of authority, they have no authority. They have betrayed their trust duties, ripped off the investors, and then want the protection of the PSA/trust contract. This is inequitable conduct and unclean hands besides a plain lack of authority.

We Separate the Truth from the Crap!

We provide a lot of free accurate information. There is a vast amount of material on the internet, much of it wrong or they leave out the critical fact that would make it work for you. They tell you enough to make it sound good but leave out the one or two vital issues or neglect the limitations. Even if it is a good idea, it is usually based on something not on the face of the complaint. In other words, it is something that is going to take law and admissible evidence. You can forget about the judge paying any attention to what some pro se deadbeat borrower has to say about what they found on the web.

The above assumes that you even get the chance to tell the court about it. You have very limited opportunities to talk to the judge or to present evidence. You can present evidence at a summary judgment hearing primarily in the form of affidavits and exhibits. You get to argue law that supports your position about why the bank should not be granted summary judgment, assuming you have the knowledge and skills to do that.

Otherwise, the only other time will be at a trial and by then it might well be too late. We explain to our clients how to get issues before the court with motions to dismiss and other tactics to present your case to the court under your terms. When you are a passive defendant, you are just playing the game on their terms.

There are differences in cases and state law where some things won't work for you and others will. There is a lot of false information that can send pro se litigants on wild goose chases which causes them to loose critical time and this destroys their credibility with the court. Most people aren't legally sophisticated enough to be able to filter the useful stuff from the crap. We filter out the crap. Our focus is property notes that is in or is purported to be in a private label trust, however, we have lots of free information that will work regardless.

Judicial Foreclosure v. Non-Judicial Foreclosure.

There are major differences between judicial foreclosure (22) states and non-judicial foreclosure (28) states. Slighly over half the country consists of non-judicial foreclosure states. Among non-judicial foreclosure states there are major differences. Basically, in a non-judicial foreclosure state, the note holder can foreclose and sell off your property without ever going to court. To stop the sale, the borrower has to commence a civil action for injunctive relief. In Colorado, that option is not even available. Our focus at this time is with judicial foreclosure states. However, we can provide Affidavits that could prove critical in an injunction action. The down side is, very few people who are being foreclosed have the funds available to conduct a civil action for an injunction.

In California fighting a foreclosure is especially difficult. Due to recent court decisions it has become a bit easier in Massachusetts. Trying to reverse a foreclosure auction is the most difficult thing of all and is virtually impossible in California. There are so many differences and the road is so steep, non-judicial foreclosure states are beyond our field of competence, although the civil action you must mount is very similar to a judicial foreclosure and our book will certainly help you navigate the process and reveal all the weaknesses in the bank's defense case.

Judical v. Non-Judical Foreclosure Explained

Techniques, Law & Arguments that Work.

We have also discovered techniques and law that virtually nobody else has or they aren't publishing it on the internet. Due to our position, we also have what you might call proprietary techniques using the law. We have an unique standing nobody else does. We provide things nobody else can, such as admissible evidence, amicus briefs and forensic evidence. These things are not free, but our pricing is very reasonable and we will get results.

Our services are inexpensive to fairly expensive, but far cheaper than any lawyer. Use them as you need them. You'll see that we know what we are talking about, and our techniques and services work. Use our general help or have custom solutions designed just for you.

The PSA is public record and is available online at Edgar, the SEC website. It is a LONG read. However, that is not the whole story. The prospectus and offering circular are also important in many cases. The Master Loan Schedule is not public record and must be obtained in discovery. This document will list the loans and you can determine conclusively if your property is even in the trust.

Remember: NEVER walk away from your home!

Always respond to the Foreclosure Complaint. Read our book for details on how to respond. You don't necessarily need to file an answer right away; you can file a Motion to Dismiss. The law does not require an answer, it only requires a responsive pleading. Do NOT send a letter to the court, that is not a responsive pleading.

You can be in your home for many months or years before there is a foreclosure, living there for free. The bank might never take your home legally. Don't become a Vampire foreclosure. Many times people move out and the bank never follows through on the foreclosure. The home owner remains responsible for all the costs that result. We talk about this in detail in my book. I would stay until the sheriff shows up at your door with an order to evict you. (You get lots of notice of course, so naturally put your property into storage first so you are not paying the sheriff's movers to move and store it, with high service fees. Plus you have to deal with damage and good stuff is always missing. Some states might just kick you out without moving out your property. Common sense should rule.)

If you live in a recourse state, walking away is shooting yourself in the foot. Chances are your home is worth less than what you owe on the mortgage. That is called "being underwater", like we need to tell you that? It will be auctioned off, for even less than it is worth now. The difference between what the property sells for and the amount you owe is a deficiency and if you live in a recourse state (or the mortgage allows) the bank can come after you for it. If the bank does not, they will send you a form listing the amount, which will be considered as capital gains income for you subject to income tax.

If you walk away from your home, it is entirely possible the bank will not finish the foreclosure. They may not get a judgment of foreclosure at all. That means you still own your home. If your home is not occupied, it will get damaged and run down and be worth much much less whenever you or the bank tries to sell it. If you are up north, pipes will freeze and break. Then when they thaw, water will run everywhere destroying the house. You will owe the water bill too. The property taxes, condo association fees, and other things will all accumulate. Ultimtely the condo association could foreclose for the fees which would be a real double-whammy. If it is a house, the grass keeps growing and trash accumulates. So the city will have to come along and have to take care of it. The city will bill you at your home address.

Sooner or later this will all catch up to you and you will owe many thousands of dollars for being stupid and not living in your home mortgage payment free. Chances are, you thought you were smart and filed for bankruptcy. But guess what? The bank never got a judgment so it was not included in the bankruptcy. The deficiency is much bigger now. The house is worth much less. You owe a fortune to a whole bunch of entities and that wasn't in the bankruptcy either. You can't file for bankruptcy again for many years. You think a foreclosure action is bad, wait until this hits you. The moral, don't leave your home and don't rush into bankruptcy.

Are you an investor/certificate holder in any of the Park Place Securities REMIC offerings? We want to hear from you. Please visit the investor relations site: ParkPlaceSecuritiesInc.com

Are You a Homeowner in Foreclosure? We can help, if you are pro se or with counsel.

We are not a law firm. What we do is even better and more important. We provide you and/or your attorney with ADMISSIBLE EVIDENCE, resources and research.

Admissible Evidence means, in part, Affidavits sworn under oath. We will also make a telephonic appearance in your hearing if necessary to provide a testimonial foundation for its admission. We will have a Notary Public in our office to provide the Oath. We have multiple notaries on our staff. If you like, and can afford it, I can appear in person to testify as an expert witness. Our rates will be very reasonable, unlike most expert witnesses.

We can also provide other types of documents, such as from the web, with evidence and testimonial support to get them admitted. We can provide documents for Judicial Notice and other things a pro se litigant and even some lawyers couldn't manage. We will also provide accompanying outlines and notes in support of all of our filings, so you can stand your ground in oral arguments. We even plan on producing visual aids of various types you can use in court to not only impress the judge but be able to explain it so the judge understands.

Our corporate secretary is a licensed real estate agent/broker in Florida.

Why do we want to do that?

In a sense we want to preserve the purity of the trusts. Moving property into a trust after the grace period (90 days) destroys the pass-through tax benefits of the trust, exposing the certificate holders and even the bank to a 100 percent tax penalty. It exposes the Trustee bank to a massive civil action. We want the Trustees to clean up their act.

We believe that many Servicers are holding property off-books by claiming it is in a trust when it is not. They are ripping off everyone. We want to end that fraud.

We believe that many Trustees and Servicers are ripping off the certificate holders and pocketing interest and foreclosure income that should be going to the trust investors.

We want to prevent foreclosures in the name of Park Place Securities for as long as we can while we purchase or otherwise secure voting rights to the Certificates in these trusts.

These trusts mainly used loans originated by Argent Mortgage Co., Orange, CA. Argent was the wholesale arm and Ameriquest was the retail part of ACC Holdings which was the sponsor of these trusts. J.P. Morgan & Co. was the underwriter. Park Place Securities, Inc. was the Depositor

Ameriquest, the seller of the loans to Park Place, was the first to originate the "stated income loan" which allowed borrowers to simply state what their income was without any verification. These stated income loans, i.e. subprime loans and ALT1 loans, became the cataylst for the failure of Ameriquest and a key factor in the 2008 subprime mortgage financial crisis.

What everyone in the foreclosure industry has missed is the power and importance of the Depositor. MERS and all the law firms doing fake mortgage assignments in back rooms have made critical and massive blunders that nobody in any published case law has ever recognized and which makes said assignments totally null and void.

Read the book and you will see this is completely true. I admit it is pretty incredible that a businesman in Key West, FL has discovered this previously unrecognized fatal error. All the lawyers doing foreclosure defense have been going around in circles, apparently oblivious to the perfect defense staring them in the face.

If you have already lost your foreclosure case and are waiting for the sheriff, we might still be able to help. Send me an email with any questions and to order my special report. We will send you an invoice you can pay online. We don't get your card information and you are protected by PayPal and of-course by your card issuer.

I have provided tons of free information and spent hundreds of uncompensated hours with telephone calls and emails back and forth with people, some of whom have become our early clients. I will still answer questions, but we now have a more formal process and we do ask that you purchase my book before any extensive discussions. I have realized it makes no sense explaining the same things in email to people over and over again. Please order the book so that we have a common base of knowledge to have a meaningful conversation about saving your home.

Thank You.

Resources & References
Resources & References Continued

David Stern, Stern Law Firm, Countrywide Trusts, Countrywide Trust Listing,

Dan F. Schramm
President
Park Place Securities, Inc.
2011 Flagler Avenue, Suite 501
Key West, FL 33040-3732

Contact Us: support@parkplacesecurities.com

ParkPlaceSecurities.com is a Florida corporation. All Rights are Reserved. Copyright (c) 2018 by Dan F. Schramm and Park Place Securities, Inc.

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DISCLAIMER: Because of the generality of the information on this site, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Readers are advised to seek professional counsel before acting upon the information provided here. Information on this site is for educational purposes only and should not be construed as legal advice. Information on this site is not legal advice for your specific circumstances but is based on general issues that arise in foreclosure cases involving private label REMIC trusts. No legal relationship is established between you and Park Place Securities, Inc. by visiting this site or ordering our book.

We do not offer legal services to the public. We do not appear before courts representing third parties.
Providing affidavits, participating in depositions, providing trial testimony, expert testimony, preparing court exhibits, research and amicus curiae briefs is not the practice of law.

The corporation and Dan F. Schramm also have Constitutional Rights under the 1st and 32th Amendments to the Constitution of the United States and further under state constitutions which sometimes offer superior protections.

In cases wherein Park Place Securities, Inc. is the trust Depositor, we have our own interests and can provide services and guidance to protect our interests, officers and employees. We also reserve the right to intervene in such cases and to become a party. Further as our interests are impacted through foreclosures by unauthorized parties and in violation of Trust Pooling and Servicing Agreements we reserve the right to commence our own civil actions to protect our rights. The fact that it benefits the home owner/borrower is immaterial. The corporation will be represented by an attorney admitted to the practice of law in that jurisdiction. The corporation is permitted to provide guidance and legal services to bona fide officers and employees of the corporation and this is not the unauthorized practice of law.

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