http://market-ticker.org/akcs-www?post=168923
We keep hearing that these "lost document" affidavits and similar are just "sloppiness."
They are not. They are hard evidence of fraud, with the only decision left to be made being one on exactly where the fraud happened.
I'm going to show you a document - a Pooling and Servicing Agreement - from one MBS Trust. There are literally thousands just like this. I've read dozens. Those that were sold to the public are all filed on the SEC's web page, and can be found either on EDGAR or SECINFO. Every single one that I've read contains a certification that is, in form and substance, identical to that below.
This specific example is one that others have picked on and happens to be right from the top of the bubble around 2006 - and it also happens to be from our favorite Vampire Squid, Goldman Sachs.
It is GSAMP Trust 2006-FM1
Here is the CERTIFICATION form that the Trustee, post-closing, covenants and represents he will execute for the benefit of the buyers of these MBS (that is, your pension fund, your insurance company that is funding your annuity, your retirement account's bond fund, etc):