MCCO Brief v5
MCCO Brief v5
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3820 S. Pine Tacoma, WA 98409 253-475-9000 www.MortgageClaimCenter.com Mortgage Claim Center Outreach is not a law firm and is not licensed to give any legal advice. Any information discussed should not be considered legal advice at any time. All legal situations should be consulted with a licensed attorney if available. Terms and conditions subject to change. All rights reserved.
ABOUT MORTGAGE CLAIM CENTER OUTREACH WHO WE ARE: Mortgage Claim Center Outreach is a Washington Registered non-profit corporation. We are an independent, non-profit organization, not affiliated with any bank, real-estate broker, mortgage broker, debt collector or government agency. We do not provide loan modifications, assist with short sales or provide foreclosure relief. MCCO MISSION STATEMENT: Our mission is to help homeowners preserve homeownership and assert their right to protect their assets. We do this through a forensic loan investigation helping preserve a homeowners claim with regard to their property. HOW WE GOT STARTED: Mortgage Claim Center Outreachs mission carries forward decades of experience of TopExperts in the mortgage, real estate, and legal industries. In addition our experience includes real estate investors whose investments have taken them to a peak in 2007 and a subsequent economy crash in 2008, when mortgage funding became generally unavailable. Through changes in the real estate market and a downturn on Wall Street, many of our staff have personally learned the reality of foreclosure as many of the properties previously purchased at foreclosure auction found their way back on the auction block. In the process of losing homes to foreclosure many of our staff have learned more from experience about why so many foreclosures were happening nationwide, and how an industry that, over a 15 year period, created more millionaires than all other industries combined, could go so wrong. For more information regarding Securitization, Mortgage Fraud, and the other relevant topics, read the posts, and watch the videos located at MortgageClaimCenter.com. With the information gained through the priceless experience of losing so much, our experienced staff, through co-op, has been able to discover the secret to stopping foreclosure in its tracks. Through the use of the techniques and tools utilized exclusively by Mortgage Claim Center Outreach, our staff has been able to field test, and prove effectiveness by getting State and Federal Courts to agree that many homes are protected and exempt from sale or foreclosure by any other parties alleging the right to the homes. Many of our staff are clients and still retain their homes today, without fear of foreclosure ever again, and continue to offer their assistance to homeowners all over the nation that are privileged to share the same outcome of remaining in their homes indefinitely. WHAT THE SOLUTION CONSISTS OF: A. MCCO CONDUCTS A FORENSIC LOAN INVESTIGATION: 1. TILA/Disclosure/Appraisal/Public Records/Securitization Audit: We provide an extensive investigation into the truth regarding a homeowners loan documents/transaction, and includes information indicating whether or not the transaction should have been done in the first place and other elements of fraud. In addition we find out whether or not numbers were inflated, figures were manipulated or other improper processes took place in the appraisal and related documents. This is only a partial list of criteria that we scrutinize for each situation. We discover the truth of the matter and establish it as evidence in the form of an affidavit creating the prima facie case.
We often discover the following and much more: the identity of the securitization trust all parties involved the insurers and policies for said parties evidence that the mortgage is unenforceable evidence that the foreclosing party has no right to do so
Certified Forensic Loan Investigators for Mortgage Claim Center research, review, investigate, and verify the alleged Loan Documents submitted, along with comprehensive searches that include Federal and State public database records of: County(Recorder/Auditor/Tax Assessor/Clerk) SECURITIES AND EXCHANGE COMMISSION BUREAU OF LAND MANAGEMENT SECRETARY OF STATE And other relevant proprietary public data sources.
Through supplemental Forensic Searches, the investigator has incorporated into the results of their investigation the data reported from the Securitization Trustee of record for the referenced SPV investment vehicle that is identified to have received the alleged mortgage loan in its pools. We Investigate and research to Identify and compare: Root of title Paramount Title Claimant Alleged Loan Originating Lender Alleged Beneficiary Alleged Originating Trustee Current Servicer Special Purpose Vehicle Deal Name Securitization Trustee Depositor
Mortgage Claim Center Investigators are not attorneys, and as such, nothing in the investigation shall constitute legal advice or legal opinions. The investigation is provided to support diligent discovery, interrogatories, and a concise assessment of damages, and other claims for the hands of a licensed legal professional. 1. While further details should be sought through discovery, evidence indicates that Federal taxpayer bailout money may have been directly used toward the reimbursement of any successors in interest, eliminating any alleged debt obligation that if rights of enforcement of the obligation, were subrogated, it would have been to the Taxpayer. While many seek the identity of the Owner of the Loan Documents, evidence indicates that this is not possible, that many claims of ownership are merely claims to contracted Servicing Rights of a paid-off-in-full obligation. It is interesting to note that many Underwriting Agreements for SPV investment vehicles like that described above include for example a Mortgage Trust Bulk Supplemental Policy which have provisions that state inter alia:
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LOAN MODIFICATION PROHIBITION Loan Modifications Unless advance approval is provided by, or obtained from, the Company, the Insured may not make any change in the terms of a Loan including the borrowed amount, interest rate term, or amortization schedule of the loan except as such change is permitted by the terms of the Loan without the approval of the Insured; not make any change in the property or other collateral securing the loan nor release the borrower from liability on a loan. i. You cannot modify a loan that has been paid off and terminated in full. Thus the prohibition.
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UNSECURED MORTGAGE BALANCES If a Default occurs on the Loan, the Insured has acquired Good and Merchantable Title to the Property as required by this policy, and all other requirements for filing of a claim are complied with, the Insured will be entitled to include in the Claim Amount (a) the amount of the principal balance of the Loan which was deemed unsecured under applicable insolvency or bankruptcy law i. i.e. foreclose on a property without the lawful right to, and we will still pay the insurance to you.
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LAWFUL RELEASE OF OBLIGATION Release of Borrower; Defenses of Borrower - If, under applicable law, the Borrower successfully asserts defenses which have the effect of releasing, in whole or in part, the Borrowers obligation to repay the loan, or if for any reason the Borrower is released from such obligation, the Company will be released to the same extent and amount from its liability under this policy i. Beat them at their own game, and you win, they lose!
B. WE CONDUCT A SEARCH FOR THE ROOT OF TITLE: We discover the root and origin of land title stemming from an international treaty, land grant, homestead grant or land patent, enabling the land owner to accept the federal protections provided by these original archived instruments and preserving their land ownership rights long term by establishing the most superior claim available. C. WE PROVIDE A COMPREHENSIVE REPORT (AFFIDAVIT OF INVESTIGATOR): At the end of the investigation we provide a comprehensive report to the homeowner reflecting the findings of the Forensic Loan Investigation and we provide a certified copy from the Federal Government of the original land grant or patent. This report is compiled by a certified investigator and comprises the evidence supporting the facts of the matter, admissible in court establishing the prima facie case. PROGRAM GUARANTEES: We are proud to offer a 100% money back guarantee if the results of the investigation reveal no claim for the homeowner to pursue. Our service helps homeowners abate proceedings, providing for effective protection of assets. While we cannot guarantee any specific outcome of your case, we do guarantee that we will do our best to assist you in preventing foreclosure by giving you the evidence you need to beat the bank in court with or without the assistance of an attorney.
HOW LONG DOES IT TAKE? The investigation is completed within 30 days, from the time we receive all documents/payment, until we deliver the final investigation report to you. *Tip: One little known fact is that there are MULTIPLE insurance policies in effect for securitized loans, with many of the beneficiaries of said policies having nothing to do with the transaction. [These policies are not dissimilar to an automobile liability insurance policy. When a car accident takes place an insurance settlement is paid out in accordance with the terms of the coverage of the policy to the beneficiaries of the policy. No car accident = no payout of settlement $. Conversely, NO FORECLOSURE AUCTION = NO SETTLEMENT PAYOUT]. The multiple policies in effect often payout 7-10 times the original value of the mortgage note! (The needs of the many outweigh the needs of the one). Many believe that these policies are the only thing propping up the U.S. economy at this time. The beneficiaries of these policies, often times, include municipalities and pension funds held by judges, states, and counties, that explain why many fraudulent foreclosures are allowed by our court system to continue. Our Forensic Loan Investigation is especially appropriate for homeowners who have already lost their home to assist in seeking damages!
For Information on how you can earn $ referring homeowners to our service, please call our office at 253-475-9000 and ask about our affiliate program. FORMS OF FRAUD WE LOOK FOR: Mortgage Related Fraud is defined by MORTGAGE CLAIM CENTER OUTREACH as intention to obtain a homeowner's property and equity by using any of the following tactics: o o o o o o o o o o o o o o o o o Falsely claiming to be the owner/holder of the mortgage; Falsely claiming standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc.; Fraudulently invoking the jurisdiction of the court; Preying on the ignorance of the court and homeowner; Falsely claiming Pooling & Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law; Entering on-time payments as late, to exact illegal and unauthorized fees; Manipulating account records; Charging force-placed insurance when the homeowner already has full coverage; Falsely reporting a default to the credit bureaus when it is the servicer creating the default; Paying property taxes late, then charging the late penalties to the borrower; Paying taxes and insurance on the wrong property; Refusing payments to guarantee default; Adding thousands of dollars in unearned legal fees to create a default; Ignoring customer complaints and "qualified written requests"; Arrogantly violating numerous laws and regulations; Coercing the homeowner into signing a forbearance agreement to strip away their legal rights; Falsifying records and documents;
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Committing fraud upon the courts by stating they are the Holder and Owner of the Note - when in fact - they do not own or hold the "original" Note; Intentionally causing delays to run up your legal expenses; Forging documents; Creating fictitious documents (Lost Note Affidavits, Power of Attorney, etc.); Triggering the terms of the Deed of Trust without the debt instrument; Apply to the trust for reimbursement after deducting the fees from the borrowers p&i payments, (Known as double-dipping) Rounding up ARM rates when on a downward trend; Not adhering to the terms of the loan documents; Creating additional false deficiencies through a variety of questionable practices; Adding misc. fees to purposely create a deficiency with the borrower's next payment; Not applying payments to principal and interest; Committing perjury through misrepresentations; Withholding or redacting discovery evidence; Tampering with court transcripts and removing evidence from the record; Conjuring up events that never happened while refusing to provide documentation to support their fallacies; Refusing to cooperate with attempts to refinance and stop the illegal foreclosure; Using abuse of litigation, appeals and malicious prosecution to litigate forever; Payoffs to the consumer's attorney, law enforcement officials, judges, court personnel and government officials; Threats & intimidation; Electronic surveillance; Wire Fraud / Mail Fraud; Conspiracy; Fraud in the inducement; Unjust Enrichment; Embezzlement; Racketeering - RICO; Vexatious Litigation; Abuse of Process; Violation of ethics; Grand Theft; Extortion; Tax Fraud; Public Corruption; Notary Fraud; Evidence Tampering; Theft of Government Services; Perjury; Felonious Influence of Public Officials; Money Laundering; Insurance Fraud; Securities Fraud; Constitutional and Civil Right violations; and many others.
Provide Findings Report o Once the process is complete, we provide a comprehensive findings report in the form of an affidavit to the homeowner detailing the uncovered fraud and results of our investigation. This report is filled with materials that explain the full extent of the transaction detailing what happened. We provide documentation regarding what we have researched.
Memorandum re: Data Collection, Integrity and Quality Assurance Procedures Mortgage Claim Center investigates and provides forensic evidence and data with quality unmatched by any other source of loan level data in the world. To accomplish this, Collection and Quality Assurance procedures have been put in place to ensure integrity. Accurate data starts with ensuring that effective mapping and processing techniques are in place in order to eliminate manual intervention and provide clients with normalized data across myriad sources. Upfront Mapping: o Core loan level data from all sources are mapped to our data model o The appropriate mapping definitions are specified by Sr. Business Experts with significant industry experience o Applicable conversions, normalizations and calculations are included as part of the mapping code logic. Data Processing: o Data is received electronically from various sources (TXT, XLS or through PDF scraping technology) o Updated files are loaded through automated sourcing programs
A variety of automated quality assurance procedures are executed on the Loan data monthly prior to release to our database: Automated Queries: Loan data undergoes myriad automated queries to look for potential source data problems in the aggregate including validation of loan counts, changes in balance, etc. These queries flag possible issues, which are then reviewed, researched and addressed by Sr. Experts prior to release to the database. Automated Range Checks: Individual loans are automatically reviewed to ensure fields fall within plausible ranges (e.g. FICO less than 850, Coupon within valid range, etc) Auditors review any suspect loans and determine based on the appropriate research whether the outlier is valid or an error. If the latter, the value is either corrected at the source, flagged as an issue or put as a null for the questionable period. Loan to Pool Reconciliation: Identifying which pool contains a specific loan depends upon the aggregated pool level data reported by trustees in database format. Our investigation reconciles key loan level variables to their counterparts on the trustee remittance reports and flags any outlying data.
The following Documents, available from the SECURITIES AND EXCHANGE COMMISSION are included in the course of the investigation: 1. 2. 3. 4. 5. 6. 7. 424B5 8K 10K 10D 15-15D Pooling and Servicing Agreement Free Writing Prospectus
We unravel the securitization scheme by providing a summary of events documented by the bank We prove how the Mortgage became unsecured from the property We prove how the Promissory Note was paid off, terminated, and destroyed by the Depositor. We perform Truth in Lending analyses, along with RESPA, HOEPA and other Federal guidelines We search for indicators of Predatory Lending, Deceptive Lending Practices, Bait and Switch, broker practices violations, consumer protection act violations, fair debt collection practices act violations, Yield Spread Premiums, P.O.C., Robo-signer identification, payment shock, prepayment penalties, income falsification by broker, lack of disclosures mandated by federal and state law.
In addition we analyze the documents and instruments placed into the county public records by the bank. In closing, we provide the most comprehensive Affidavit of facts in the country to make your prima facie case for you. Thus making your litigation to fight for your home a cakewalk. Get started with your Forensic Loan Investigation today!
BENEFITS OF OUR PROGRAM: Sleep better knowing you have taken action to preserve the ownership of your home. Live in your home without fear, knowing the facts regarding your loan transaction. Identify your vested interest in the property; protect your greatest investment. Discover how mortgage fraud as seen in the news applies to you and your family. Gain a foundation of understanding to the nature of modern money mechanics. Learn why most mortgages are invalid and unenforceable; why it cannot be fixed. Experience how other homeowners have retained their home free and clear with us.
FULL PROGAM INCLUDES: The facts regarding the loan transaction. The parties claiming interest in your home. Records of certified evidence to support the facts identified. rd 3 party sources of information. Referral to attorney for available options in preserving homeownership. Support for homeowner in asserting private property rights Determination of fraud on mortgage documents. Identification of chain of ownership of original mortgage note. Certified copy of original land patent from Federal Archives. A team of professionals with decades of experience for answers you can count on.
Payment Form
QWR
Affiliate Agreement
Original Loan Closing Documents (For Each Loan, If More Than One) Original Loan application (Form 1003) Signed Promissory Note Final Copy of Settlement Statement (HUD-1) Final Truth & Lending Statement (For Each Loan) Good Faith Estimate Notice of Right of Rescission or Right to Cancel Current Documents Mortgage Coupon / Statement 1ST and 2ND Mortgage County Property Tax Statement Notice of Default / Notice of Trustee Sale (if applicable) Warranty Deed or Grant Deed Deed of Trust / Mortgage [Acquire From County Clerk/Recorder] All Other Documents Recorded with County Clerk/Recorder Assignment of Deed of Trust, Appointment of Successor Trustee /Substitution of Trustee, Trustees Deed (if post foreclosure sale) Any Court Documents filed or served / Attorney Communications Once we receive the COMPLETE package we will send (Via Email) a confirmation of receipt. Please send all correspondence and documents via USPS or other with tracking number to:
MORTGAGE CLAIM CENTER OUTREACH P.O. Box 110669 Tacoma, WA 98411 YOU MAY SCAN AND EMAIL YOUR DOCUMENTS TO: [email protected], Fax: 206-866-1799 Office: 253.475.9000 Work will not begin until payment is received in full. Deposit JPMorgan Chase Acct# 942027111 (Wire instructions on payment form) Visa/MasterCard/PayPal please call office.
Thank you for choosing MORTGAGE CLAIM CENTER OUTREACH, a registered Washington Non-Profit Corporation, hereinafter referred MCCO to assist the homeowner, hereinafter Client. Our Forensic Loan Investigation Professionals agree to utilize technologies to protect your homeownership rights. It is important for us to follow ethics rules governing assistance in this matter encouraging us to explain to a client, in detail, in writing, both the financial aspects of the MCCO-client relationship, and the responsibilities and expectations of both parties to the relationship. Please examine this agreement carefully and let our organization know immediately if you have any questions or concerns. No relationship is established until you have both signed and returned this agreement, along with your payment. 1. Processing your Documents. MCCO agrees to investigate your Mortgage including Loan Documents and provide a detailed report that summarizes findings upon completion. 2. Our investigation and reporting of the facts regarding your loan provides for certified official establishment of facts and evidence for use in litigation and foreclosure defense. 3. Method of Payment. MCCO will only accept Personal Check, Certified Check, Company Check, Direct Deposit, or Wire Transfer as payment. For major credit cards please call 253-475-9000. 4. Fees. The One-Time Fee for our Residential Certified Forensic Loan Investigation includes all costs. 2nd mortgages are a separate file requiring separate payment. Call for more details. The Fee will be immediately disbursed to the parties as compensation for the initial consultation, and 3rd party expenses such as copies of needed documents, long distance telephone charges, orders for certified copies of documents, interaction with governmental agencies, etc. 5. Guarantee. MCCO agrees to provide a 100% refund only in the event that no claim against the banking parties is discovered. Although MCCO cannot guarantee any specific outcome of your matter, you will be in a stronger position with regard to the security of the ownership of your property due to the information and knowledge gained. MCCO agrees to provide you this technical and tactical information for you to use as others have used successfully, so that you may continually evaluate the best strategy for you and your home. MCCO DOES NOT PROVIDE LEGAL REPRESENTATION, OR ADVICE AND AT NO TIME SHOULD ANY SERVICES OR COMMUNICATION BE CONSIDERED AS SUCH. MCCO may make referrals to outside third party law firms upon availability for legal advice after completion of the MCCO Forensic Loan Investigation, however to comport with rules of ethics regarding attorneys we cannot include Legal services as part of the investigation. It is important to note that our investigations are 100% effective when litigated properly, due to the fact that our investigation results only represent the truth and nothing more. Essentially, the Homeowner is ultimately responsible for the outcome of fighting to retain their homeownership/seek damages. 6. What you can expect from us? INFORMATION and RESULTS. MCCO will work diligently on your matter and will keep you informed regarding your matter only as details emerge over the 30 day period required for the investigation. We will provide you copies of all documents we acquire. You should expect to be treated with respect and courtesy from all members of MCCO and you should promptly inform us of any failure on our part to meet this expectation.
7. What we expect from you. In order for our relationship to work effectively, you must be truthful in all discussions with us, even if, and especially when, you think the information is hurtful to you and your cause. In order to help you, we need to have all information in a timely manner. While we can accept your file with absolutely no documentation, If we are missing part of the picture, we cannot as effectively assist you. MCCO can make available referrals to legal professionals for ongoing customized support and consulting for complicated situations such as Bankruptcy and Litigation / Enforcement. Through referral to third party Law Firms, ongoing legal support may be provided separately at an additional expense billed pro rata at the rate of $500 per hour payable directly to said Law Firms. 8. Hours of Business. The business hours of MCCO are from 9 A.M. to 5 P.M. P.S.T. Telephone calls to the private residence of any member of MCCO or their cell phones that are not an emergency will result in a charge of $100 per occasion. A l l inquiries should always be made to 253-475-9000. 9. Files and Records. All client materials submitted will be returned to you if expressed in writing. We always take careful custody, security, and protection over your confidential information. You may obtain additional copies of your file, other than those originally provided, at a charge of $1.00 per page in addition to a retrieval fee of $25.00. 10. Account Balances. If you have an outstanding balance with MCCO, M CCO hereby advises you that we reserve the right to pursue remedies for said balances until paid in full. MCCO reserves the right to maintain the Clients closed file electronically, even after the situation is resolved and any time once the file has been successfully scanned and electronically stored as required and regulated by law. 11. I NDEMNIFICATION. Client hereby agrees to indemnify and hold MCCO harmless from any action or litigation brought against client by any third party. _(INITIALS) Client also agrees to the following: (a) MCCO is not acting as an advocate, agent, or representative of either (or any) parties; only an investigator offering non-legal assistance in the form of public records information. (b) The parties involved have the right to legal counsel of their own selection for advice in any legal matters. (c) The MCCO consultant cannot (and will not) offer any legal advice as to the manner in which the documents and remedies affect the parties legal rights. (d) Client agrees to notify MCCO immediately upon vacating the property. Failure to do so constitutes breach of this agreement. 12. Discontinuing or Withdrawing the investigation (Termination). You have the right to discontinue and terminate the account with MCCO at any time within 72 hours. All fees are non-refundable, as services are considered rendered in full upon completion of investigation results. MCCO reserves the right to withdraw from these services if any outstanding balance due to MCCO is not paid within a reasonable and timely basis or f o r c a u s e o f inability to communicate with the client. Termination of account does not affect your responsibility to pay unpaid balances. Bottom line: We will work for you in good faith and only expect the same in return. We appreciate the opportunity to provide assistance in this very important matter regarding your home and we look forward to working with you by providing you the information you need to protect your homeownership/seek damages. Signature(s) below indicates acceptance of the terms herein and is binding as of the date subscribed. Client: Client: MCCO use only below: MCCO Acceptance By: Date: Print Name/Title Date: Date:
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Cashiers Check 2
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2. ) Customer Information (To be completed by customer) Customer / Company Name: DBA (if different): Email (where paid sales receipts should be sent): Phone: Address: City: Federal tax ID if Corporation: For Wire or Direct Deposits: State: Zip: Date business established if Corporation: JPMorgan Chase Routing # 325070760 Seattle, WA 98101 Acct# 942027111 Fax:
4. ) Amount Paid: $ Check Deposit Check # Date of Deposit: Bank: Deposit Confirmation # EXPIRATION DATE CVV (3 DIGITS ON BACK) _
CREDIT CARD # NAME ON CARD CARD BILLING ADDRESS (IF DIFFERENT FROM ABOVE)
5. ) Customer Signature (To be completed by customer):
I authorize Mortgage Claim Center Outreach to bill the card listed above as specified.
Customers Signature
Todays Date
Having contracted a third party forensic loan auditing/investigation company to assist me in this matter, you are demanded to provide:
(1) A summary of the loan history including all payments made, all fees incurred, balance of suspense accounts, proceeds paid out of escrow account(s), and the identification of all parties who have received beneficial interest payments in the loan referenced. This information should cover the entire life of the loan.
QUALIFIED WRITTEN REQUEST (v2)
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(2) Copies of all documents pertaining to the origination of the alleged mortgage and note in your possession including: my (a) loan application(s), (b) Right to cancel, (c) Deed of Trust/Mortgage, (d) Certified copy of Original Promissory Note Instrument (Front and Back including allonges with all Endorsements and attachments),(recently dated certified copy, vs. copy certified at signing/closing), (e) addendums to note, (f) Truth in Lending statement, (g) Good Faith Estimate (GFE), (h)HUD 1, (i) Appraisal, and (j) all other state or federally required disclosures and rate sheets associated with this transaction for the above referenced loan. The copies should be legible and all documents shall be copied in their entirety including all pages. PLEASE ALSO PROVIDE A VERIFIED PAYOFF STATEMENT VALID FOR 60 DAYS. Failure to provide copies of all of the following in your possession constitutes admission of their nonexistence providing for collateral estoppel for introduction as evidence at a later date during discovery: a. b. A certified copy of the Master Pooling Service Agreement that names the servicer and the seller of the structured finance transaction. Also indicate the sales price if not detailed. Pursuant to 17 CFR 240.12g5-1 provide documents indicating the name of the real record holders and/or the names of each person who is identified as the owner of such securities on records of security holders maintained by or on behalf of the issuer. Documents confirming whether the Original Note was or was not in fact sold to a Special Purpose Entity (SPE) and registered as a security. Documents confirming the Indentured Trustee over the Mortgage backed security is not in conflict of interest as codified in the Trust Indenture Act of 1939. Documents confirming no willful and reckless acts in violation of the National Bank Act, which would put me in the zone of interest, have been committed by bank or any of its agents or successors in interest with regard to this loan. Documents confirming the note was not sold to the (SPE) since they were not registered at the time of sale but consolidated on the weekly FR2900 form of this institution as all time deposits on line F1. Documents confirming respondent did maintain the proper reserves in its master account during its computation period since the notes could not be sold. The Call Reports and RC-S schedules reflecting they were filed accurately since the notes could not have been sold. Documents confirming the notes were not sold illegally and do not constitute a true sale. Documents confirming entitlement to recoupment by virtue of the fact that on the FR2046 form the accounts payable and accounts receivable are the same amounts which means (What is owed by the Debtor to the Lender) is the same amount that is (Owed by the Lender to the Debtor). A certified copy of the Registration Statement(s) as that term is defined under 15 USC 77b(a)(8), i.e.; Form 8-A(short form) and Form 10 (long form) Registration Statements under the 1934 Act, Form S-1 and S-3 Registration Statement under the 1993 Act; If no registration statement pursuant to the 1933 Act is available or otherwise required, please provide a comprehensive description that meets the General Statement of Regulation S and satisfies the conditions applied to the Safe Harbor rule. Documents confirming compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) Pub. L. 97-248, 96 Stat. 324, where a bearer debt security generally must be issued under arrangements reasonably designed to ensure that such obligation will be sold only to a person who is not a United States person and must satisfy certain other conditions identified in the Tax Code 163(f)(2)(B), and as such please provide: (1)The Identity of all parties with ownership interest who have met the criteria as adopted by Treasury Regulation 1.163-5(c)(i)(D) TEFRA D and 1.163-5(c)(i)(C) TEFRA C (2)Certified copies of all statements on a U.S. Form W-8 or substitute thereto certifying the owners nonUS status where the obligation issued is registered from and is not subject to the TEFRA rules and considered portfolio interest. (3)Completed IRS FORM W-9 which identifies the name and address of all recipients of interest and original issue discount that meets the provisions of a U.S. obligor making payments to a foreign person under the Tax Code 871(a)(1), 881(a), 1441(a), 1442(a) and 6049.
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Documents confirming whether the pooling securities issued are required to register under the statutory or statistical definition of the 1940 Act i.e. pursuant to 17 CFR 2703a-7 and if exempt, describe the characteristics that define the exception and avoids all requirements; A Bonafide complete and detailed explanation in affidavit form by authorized officer of respondent of exactly how Allegedly In FACT Recipients obtained alleged Right to enforce the Instrument, signed under penalty of perjury. Affidavit further detailing the known existence or lack of insurance, third party guarantees, credit enhancements, credit default swaps, reserves, cross collateralization/over collateralization, assumptions, satisfactions, bailouts, subrogated rights, and/or other derivatives and policies relevant to the life of the subject transaction. Documents affirming bonafide establishment of the above and: chain of securitization documents, true party in interest/standing, allocation/application of 3rd party payments, chain of ownership to note/security instruments, current status of loan, and current balance due.
REQUEST FOR ADMISSIONS: (3) Respondent agrees they do NOT currently OWN the referenced note obligation as a True Holder in Due Course, or holder, nor does Respondent have any real, beneficial, or other interest in the Negotiable instrument. (If incorrect state affirmatively by providing the correct spelling of said Holder in Due Course and its address for correspondence.) (4) Respondent agrees they are merely a Servicer, or Debt Collector with no rights of a Holder, or Holder in Due Course. (5) Respondent agrees Maker/Issuer deposited a Promissory Note Negotiable Instrument with Originating Lender. (6) Respondent agrees and accepts as truth Modern Money Mechanics published in 1992 by the FEDERAL RESERVE BANK OF CHICAGO, that states in pertinent part: Any deposit received is new money, regardless of its ultimate source. (page 8) Of course, they [banks] do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do is to accept promissory notes in exchange for credits to the borrowers transaction accounts. (page 6) These receipts, which became known as notes, were acceptable as money since whoever held them could go to the banker and exchange them for metallic money. Checkable liabilities of banks are money. These liabilities are customers accounts (page 3) (7) Respondent agrees that in order to have balanced books in accounting, for every asset, there must be a corresponding liability entered, via deposit account opened in the Maker/Issuer name that was not disclosed by making false presumptions authorized by UCC 1-201.31 that the Maker/Issuer would subordinate his paramount claim of ownership as Maker/Issuer, would abandon the note and deposit, has no intention of using deposit to pay off loan. (8) Respondent agrees that Maker/Issuer of the Negotiable Instrument was never given a receipt for the deposit of such, nor was disclosure made about the true nature of this transaction as an exchange, and not a loan. (9) Respondent agrees in accordance with public policy, the issuance of a Money Order in lieu of Federal Reserve Notes for payment discharges this debt dollar for dollar. NOTE: Issued under the Authority of, and in Accordance with the official definition of the United States Code,[legal t ender], 31 USC392. 31 USC 5103. [Except as voided, precluded, excluded, prohibited, or disqualified as a legal tender obligation of The United States by federal or state statute or regulation] And Issued in Accordance with 31 USC 3123, HJR-192 (1933) and successor enactments, as Public Policy, without expansion of credit, debt or obligation upon THE UNITED STATES, for the discharge of every obligation, for all debts, public charges, taxes and dues TO THE UNITED STATES and/or its sub-corporate chartered entities as remedy f or equity interest recovery upon the full faith and credit of THE UNITED STATES for Obligation OF THE UNITED STATES and subcorporate chartered entities to the discharge and recovery of the public debt, dollar for dollar, to the Principals, Prime-Creditors, and Holders in Equity over THE UNITED STATES as Sureties for its
QUALIFIED WRITTEN REQUEST (v2) Page 3 of 4
obligations, currency and credit. [12 USC 411, 18 USC 8, 12 USC; ch. 6, 38 Stat. 251 Sect 14(a), 31 USC 5118, 3123. with rights protected under the 14th Amendment of the United States Constitution, by the U.S. Supreme Court in United States v. Russell (13 Wall, 623, 627), Pearlman v. Reliance Ins. Co., 371 U.S. 132,136,137 (1962), The United States v. Hooe, 3 Cranch (U.S.)73(1805), and in conformity with the U.S. Supreme Court 79 U.S. 287 (1870), 172 U.S.48 ( 1898), and as confirmed at 307 U.S. 247(1939).] (10) Respondent agrees that pursuant to Uniform Commercial Code 3-105, An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. (11) Respondent hereby waives all claims against the Negotiable Instrument, and agrees that Maker/Issuer is authorized to maintain private administrative action pursuant to the administrative procedures act, to claim the rightful value of the deposit of the negotiable instrument, having never been provided a receipt for the credit on Deposit Account with originator that may have been previously presumed to be abandoned by the depositor/issuer to the originating institution. (12) Respondent agrees that the Grantor Beneficiary, as current beneficiary of the Deed of Trust / Mortgage, Nunc pro tunc to origination, is authorized to instruct the current Trustee to reconvey the Security Instrument in full to the party of Beneficiarys exclusive discretion as Plenipotentiary, and perform any other actions by necessity to correct and update the public records as Attorney-in-fact for Respondent. The above Demand is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 2605 (e)(1)(B) (e) and Reg. X 3500.21(f) 2 of the United States Code as well as a request under Truth In Lending Act [TILA] 15 U.S.C. 1601, et seq. RESPA provides substantial penalties and fees for non-compliance or failure to answer ALL requests / demands provided in this letter within sixty (60) days of its receipt. As such, provide to the address above, copies of the documents requested above as soon as possible. Provide the documents requested and a detailed answer to each of my questions within the required lawful time frame. Upon receipt of the documents and answers, an exam and audit will be conducted that may lead to a further document request or correspondence with answers to questions under an additional Qualified Written Request. Failure to satisfactorily and timely respond and rebut this document point for point will result in the express stipulation and agreement that the above admissions are admitted as fact, and Respondent has no further interest in the collateral private property, and further agrees to the terms of a re-conveyance of the Deed of Trust to Grantor/Beneficiary, the real man/woman via power of attorney to sign in the name and stead as attorney-in-fact for Respondent. Any action to the contrary shall be a trespass on the express agreement of the parties, and the fees in the fee schedule will apply. Respondent agrees to accept the terms of any commercial lien against their business and/or personal property as collateral to satisfy default lien.
All replies to: The Presenter in accompanying documents ONLY. Under full commercial liability the foregoing is sworn to be presented as true and correct to my knowledge. Awaiting your timely response. By: /S/Authorized Representative Authorized Representative
QUALIFIED WRITTEN REQUEST (v2) Page 4 of 4
MCCO is proud to offer an affiliate program to facilitate the referral of other homeowners that could benefit from MCCO services. We pay a 30% referral fee per paid file. For volume affiliates (50+ referrals per month), we pay up to 50% referral fee. This is a great program no matter your current occupation, whether you are a Real Estate/Mortgage Professional, or a homemaker. Simply refer homeowners to our videos and this packet, or provide their name and phone number to one of our professionals in our office to follow up with them. Please complete and return the following attached forms to our office: This page [which has your contact information] Private Affiliate Agreement & Contract W-9 [Taxpayer Identification Number and Certification]
Become an Affiliate:
Affiliate Contact Information Name: Address: Phone: E-Mail : Fax to 800-552-9313 or Scan/Email to [email protected]
MORTAGECLAIMCENTER.COM, LLC.
GENERAL PROVISIONS
A. Independent Contractor is to provide Equipment, tools and supplies necessary to fulfill the obligations of this Private Agreement and Contract. B. It is agreed that the Independent Contractor under the terms, conditions and obligations of this Private Agreement and Contract is merely an independent Contractor and not an employee of Principal. C. The Independent Contractor may be held out to the General Public as being an Independent Contractor only for other work or Contracts as seen fit by the Independent Contractor. The Independent Contractor may advertise services to the general Public using any medium the Independent Contractor sees fit to use upon approval in writing by Principal including the use of business cards. The Independent Contractor is not allowed to share proprietary information of Principal with men, women or entities who have not agreed to all terms and conditions of Principal via Private Contract in writing. D. It shall be understood that this Private Agreement and Contract is only exclusive with regard to Principals proprietary information and that the Independent Contractor has the right to enter other non conflicting Contracts as seen fit by the Independent Contractor. E. The Independent Contractor shall, after receiving the initial details and instructions from the principal on the duties and responsibilities of the Independent Contractor, fulfill the terms, conditions, and obligations of this Private Agreement and Contract under the supervision of the Principal for the full and complete term of this Agreement and Contract. F. The Independent Contractor may be removed by
Page 1 of 4
Principals executive officer(s) at any time, without cause and the Independent Contractor shall receive all consideration due at the time of said removal, subject to any unpaid costs, fees, claims, chargebacks or refunds. G. The Independent Contractor is not authorized and may not release the Principals books or Records, user names and passwords, or any electronically stored data in possession of or managed by the Independent Contractor to any Person, organization, or Government Entity of any jurisdiction including courts of law that may issue subpoena or court orders without unanimous written approval signed and notarized by the Principal. H. The Independent Contractor shall not at any time, receive service from any party on behalf of the Principal. In the case of a dispute between the Principal and any Person, Organization or Government Entity, the Independent Contractor may only reveal that the Principals contact information regarding the Principals information of Public Record. I. The Independent Contractor is Responsible for all actions, communications, representations and misrepresentations, in addition to any liability resulting from the same. The Independent Contractor
shall be responsible for all Personal applicable, local, State, or Federal taxes. The Independent Contractor shall be responsible for personal liability, medical, dental, life, or any other desired insurance coverage. The Independent Contractor shall hold the Principal harmless of liability for nonpayment of any of the Independent Contractors obligation in this section. J. The term of this Private Agreement and Contract shall be ongoing until terminated in writing or upon the demise of the Independent Contractor or the removal of the Independent Contractor by the Principal. K. The Independent Contractor understands that the information technology developed by Principal required years of study, research and experimentation to produce. The Independent Contractor stipulates and agrees that trying to utilize this information technology outside the terms of this Private Contract and Agreement may cause extreme financial damage to Principal, and further agrees that using or attempting to use Principals information technology outside the terms of this contract will be construed as a trespass on this Private Contract and Agreement, and will enjoin trespass fees (see Waiver of Tort following).
L. Each referred Client shall be assigned an in house coach, to guide through the process. CONSIDERATION
The Principal agrees to compensate the Independent Contractor for services rendered under the terms, conditions and obligations of the Private Agreement and Contract: 30% commission for signed and paid in full contracts referred by Independent Contractor. 50% commission for vendors with 50+ referrals per month, prorated for entire month. Payments will be paid on the 1st and 15th of the month to Independent Contractor Independent Contractor agrees to payment on the 1st and the 15thof each month. Refer a sub Affiliate and receive $100.00 per file bonus for each client submitted to MCC, LLC, by sub Affiliate.
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PROTECTION OF LAW
The authority of the Principal and the Independent Contractor to enter this Private Agreement and Contract and to execute the duties under the Terms and Conditions and Obligations of this Private Agreement and Contract is protected under the provisions of Article 1:10, Clause 1 of the constitution for the united States of America, the supreme law of the land, wherein no state shall pass any laws impairing the obligation of Contracts. The Principal, Independent Contractor, and the terms, conditions and obligations of this Private Agreement and Contract are not subject to federal or state legislative or Regulatory Control. SEE. USC 42 1981, 1983; Hale V. Henkle, 201 U.S 43; U.S V. Dickerson. 413F 20 116.; Hill V. Phillpot, 445 F2nd 144, 146; Stuart v. U.S. 416 F 2nd 459; U.S v. Kleckner, 273 F Supp 251; Mattos v. U.S,. 156 U.S 237 at 243.: U.S v. Wong Kim Ark, 169, 18.s Ct. 456 State v. Simmons. 2 Spears 761,767 (1884) Justice O Neal.; Taylor v. Porter. 4 Hill 140, 146(1834) Justice Bronson.: Marbury v. Madison. 2 Cranch 95 U.S) 137.76.177 (1803) .; Dred Scott v. Sanford. 19 How. 393; Reid v. Convert 354 U.S 1 (1957) , 1.1 Ed. 2nd 1148 Miranda v. Ariz 384 U.S 436 at 491(1966). USC 5 sec. 30I, 533 Note 3, 556, 566(d), 558(b).;USC 28 sec. 2072 at Clause 2.; Standard v. Olsen, 74 S. Ct 768. 48 Am. Jur. 2nd. Sec. 2 at Pg 80.; Coppage v. Kansas, 236 U .S. 1, at 14.; Elliot v. Freeman 20 U.S. 1787 (1911); Butchers union Co. v. Cresent City Co.; Smith v. Morse, 2 CA 524.; Cooper v. Aron, 358 U.S. 1.
NOTICE: Any Person, Federal, or State Administrative Agent(s), Law Enforcement Officer(s). Judicial Officer(s), who by act or omission or under color of law impair or abridge any or all terms, conditions or obligations of this Private Agreement and Contract or impair the actions of the Principal or Independent Contractor Named herein or their successor while in the performance of their duties stated herein shall be subject to fine up to $10K as well as civil penalty. WAIVER OF TORT
This Private A greement an d C ontract and Waiver of T ort is a Private Contract; said agreement being: (a) Independent Contractor will honor all promises to uphold all of Principals rights and not allow any third-party interference in Independent Contractors duty to Principal; Independent Contractor will fulfill all of the terms and conditions stipulated herein; Independent Contractor will dismiss with prejudice any claims against Principal or Principals collateral; Independent Contractor will not use or attempt to use the proprietary information technology of Principal outside this Private Agreement and Contract. Independent Contractors autograph below establishes Independent Contractors unconditional acceptance and express approval in his/her unlimited Commercial liability for the foregoing terms, and the foregoing contract will stand as final judgment.
Definition of terms: Any tort is enforceable by all lawful means and it is agreed that an immediate lien
will attach against the assets, wages and property of Independent Contractor(s), in favor of: Principal, its successors and/or assigns.
ACCEPTANCE & RATIFICATION The Independent Contractor named herein accepts the position of Independent Contractor subject to the exclusive terms, conditions, and obligations in this Private Agreement and Contract and agrees to act and perform in said fiduciary capacity with the Principals best interest as the Independent Contractors discretion deems advisable. Any changes to this Private Agreement
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and Contract are to be in writing and agreed to by all parties. The Principal thereupon ratifies all acts carried out by this Private Agreement and Contract, and is intended as a final expression in a record as the exclusive agreement of the parties. Effective
Signed _day of month,
day of
month,
Signed PRINCIPAL day of
Year
month,
INDEPENDENT CONTRACTOR
(Signature)
(Signature-Title)
Page 4 of 4
Form
W-9
January 2011) of Treasury Service
Name (as shown on your income tax return) Business name/disregarded entity name, if different from above
Check appropriate box for federal classification (required): Individual/sole proprietor C Corporation S Corporation P artnership Exempt payee
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
Other
instructions)
List account
here (optional)
Part
Enter your TIN in the appropriate box. The TIN provided must match the name given on the Name line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.
Part
Certification
Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4.
Sign Here
Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requesters form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income.
Form W-9
1-2011)
Page 2
The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: The U.S. owner of a disregarded entity and not the entity, The U.S. grantor or other owner of a grantor trust and not the trust, and The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the Name line. You may enter your business, trade, or doing business as (DBA) name on the Business name/disregarded entity name line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the Name line and any business, trade, or doing business as (DBA) name on the Business name/disregarded entity name line. Disregarded entity. Enter the owner's name on the Name line. The name of the entity entered on the Name line should never be a disregarded entity. The name on the Name line must be the name shown on the income tax return on which the income will be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name is required to be provided on the Name line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the Business name/disregarded entity name line. If the owner of the disregarded entity is a foreign person, you must complete an appropriate Form W-8. Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the Name line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the Name line is an LLC, check the Limited liability company box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter P for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter C for C corporation or S for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the Name line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the Name line.
Form W-9
1-2011)
Page 3
Other entities. Enter your business name as shown on required federal tax documents on the Name line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the Business name/ disregarded entity name line.
Exempt Payee
If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the Exempt payee box in the line following the Business name/ disregarded entity name, sign and date the form. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for . . . Interest and dividend Broker Barter exchange transactions patronage Payments over $600 required to reported and direct sales over $5,000 1
1 2
THEN the payment is for . . . All exempt payees for 9 Exempt payees 1 through 5 and 7 through 13. Also, C Exempt payees 1 through 5 Generally, exempt payees 1 through 7 2
See Form 1099-MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency.
Form W-9
1-2011)
Page 4
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requesters trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Give name and SSN of: The The actual owner of the account if combined funds, the 1 individual on the The minor The grantor-trustee The actual owner
The organization
The
List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that persons number must be furnished. Circle the minors name and furnish the minors SSN. You must show your individual name and you may also enter your business or DBA name on the Business name/disregarded entity name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
2 3
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. *Note. Grantor also must provide a Form W-9 to trustee of trust.