“LSF9 Master Participation Trust” Falsely Claims “Merger” In Pennsylvania Court

For those of you who follow my posts, I have been exposing the sham entity “U.S. Bank Trust, N.A. as Trustee for the LSF9 Master Participation Trust” for a number of years now. It seems that in every case I get called into regarding this entity, the stories and the documents presented through counsel change like the wind. Here is yet another example.

The following foreclosure action in Pennsylvania was originally filed in 2014 by the Plaintiff “Bank of America, N.A. successor by merger to BAC Home Loan Servicing, LP f/k/a Countrywide Home Loans Servicing, LP.” On April 4, 2018, a substitution of Plaintiff was filed as follows:

 

 

 

 

 

This case, like every case with LSF9 I’ve been involved, is rife with serious issues, mostly fraud. Though I believe I know why this tactic was done, it is clearly a false representation intended to gloss over the defects in this case. Since I have exposed the fake trustee name “U.S. Bank Trust, N.A.” as being the trustee for LSF9, the trustee for this sham trust is now routinely left out in assignments and plaintiff captions. Now we have a fake “merger.” This plaintiff was not substituted in by virtue of any assignment, as is typical. This substitution comes by way of a stated “corporate merger” to which my investigation found no such merger having occurred. The LSF9 Master Participation Trust is registered in Delaware as a Statutory Trust. To assist in understanding the machinations of a Delaware Statutory Trust (DST), the following article was written by “The Delaware Counsel Group, LLP, attorneys at law.” (See: The Delaware Statutory Trust). The following is provided on P. 11 regarding trust mergers:

Merger and Consolidation; Conversions.

 

1. Merger. The Delaware Act provides that a statutory trust may merge or consolidate with another business entity under the laws of Delaware or any other jurisdiction. 12 Del. C. §3815. Unless otherwise provided in the governing instrument, all trustees and all beneficial owners must approve a merger. In order to effect a merger, the statutory trust must enter into a merger agreement with the constituent entities to the merger and file a certificate of merger or consolidation with the Secretary of State. The Certificate of Merger must set forth the name and jurisdiction of the merging entities and the name of the surviving entity, that an agreement of merger or consolidation has been executed, that it is on file at the place of business of the surviving entity and that it will be furnished to any interested person. If no Delaware entity survives, the Certificate of Merger must also include the surviving entity’s consent to process, an appointment of the Secretary of State as agent and an address to which the Secretary may mail a copy of such process. The agreement of merger or consolidation may effect any amendment to the governing instrument or adoption of a new governing instrument if a statutory trust is the surviving entity. The 2004 Amendments added a new paragraph (4) clarifying that a name change to the surviving trust due to a merger is effected by the merger. §3815(b)(4). In addition, the 2004 Amendments provide that no further action is needed to amend a certificate of trust when a certificate of merger sets forth any amendment in accordance with the new §3815(b)(4). 12 Del. C. §3815(e).

No Certificate of Merger has been filed in Delaware, nor is there any merger mentioned in any SEC filings for BofA, nor has this merger been announced publicly by BofA per my research. The merger story is simply fake.

Each week, I field phone calls from folks in the upper northeast area of the country, mostly in Pennsylvania, seeking information about properties that appear to have been foreclosed and abandoned by this LSF9 entity. If you have found this article researching the LSF9 Master Participation Trust, please do not call my office if inquiring about the condition or status of one of these properties, as I have no interest in these properties, or knowledge of who to contact. Thank you.

 

Bill Paatalo

Private Investigator – OR PSID# 49411

bill.bpia@gmail.com