Servicers Using US Bank as Shield From Liability in Fraudulent Foreclosures

The Core Problem: U.S. Bank “As Trustee”

Many foreclosure cases list U.S. Bank “as trustee” for a mortgage trust. But here’s the issue:

• U.S. Bank itself disclaims acting on its own behalf.

• It does not process payments, settlements, or modifications.

• Court records come only from third-party servicers, not U.S. Bank.

• U.S. Bank employees rarely appear in foreclosure proceedings.

In other words: U.S. Bank’s name is used, but it has no real involvement.

---

Why This Matters in Foreclosure Defense

If U.S. Bank isn’t performing trustee duties, then:

• There may be no valid trustee (a requirement for a legitimate trust).

• There may be no res (the assets a trust must hold).

• The foreclosure claim may rest entirely on a false representation.

Without a true trustee or a real trust holding assets, the foreclosure may lack standing.

---

A Sham Entity?

The conclusion is stark: U.S. Bank “as trustee” functions as a sham entity.

Its role appears limited to lending its name to foreclosure filings, while third-party servicers pursue claims:

• For their own benefit

• Not for any legitimate trust

• Not for beneficiaries or investors

This “layering” shields servicers from liability while keeping courts focused on an assumed creditor that doesn’t actually exist.

---

What It Means for Homeowners

If you’re facing foreclosure with U.S. Bank named as trustee, it’s critical to question:

• Does the trust truly exist?

• Did it ever acquire the loan assets?

• Is there a real trustee performing legal duties?

If the answer is no, the foreclosure claim may be invalid.

---

Take Action Now

If your foreclosure case involves U.S. Bank “as trustee”:

• Do not assume the bank has standing.

• Demand proof of trust assets, trustee duties, and payment history.

• Work with a local foreclosure defense attorney who can challenge sham trustee claims in court.

---

Important Disclaimer

This article is for educational purposes only. It is not legal advice. Always hire a licensed attorney for foreclosure defense or litigation.

---

⚖️ Bottom Line: U.S. Bank “as trustee” often has no real role in foreclosure cases. That lack of involvement can be a powerful defense for homeowners if properly challenged in court.

Tags: laddering, layering, trust, trustee, US BANK
Posted in foreclosure defenses, Uncategorized |