UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-K/A
FOR ANNUAL AND TRANSITION REPORTS PURSUANT TO SECTIONS 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
| | |
(Mark One) |
| | |
[X] | | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
| | |
| | For the fiscal year ended December 31, 2002 |
| | |
[ ] | | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from __________________ to _________________
Commission file number 333-97457
Wachovia Asset Securitization, Inc.
(Issuer in respect of the Mortgage Pass-Certificates Series 2002-1)
(Exact name of registrant as specified in its charter)
(Exact name of registrant as specified in its charter)
| | |
Delaware | | 56-1967773 |
| |
|
(State or other jurisdiction of | | (I.R.S. Employer Identification No.) |
incorporation or organization) | | |
| | |
c/o Wachovia Bank, 401 S. Tryon Street | | |
9th Floor, Charlotte, North Carolina | | 28288-1179 |
| |
|
(Address of principal executive offices) | | (Zip Code) |
Registrant’s telephone number, including area code: (704) 383-9568
Securities registered pursuant to Section 12(b) of the Act: None
Securities registered pursuant to Section 12(g) of the Act: None
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 of 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes [X] No [ ]
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (Section 229.405 of this chapter) is not contained herein, and will not be contained, to the best of registrant’s knowledge indefinitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. [ ]
INTRODUCTORY NOTE
The Registrant is the issuer of the Mortgage Pass-Certificates Series 2002-1 (the “Bonds”), issued under a Pooling & Servicing Agreement dated as of September 27, 2002 by and between the Registrant, Wachovia Bank, as Servicer, Master Servicer and Certificate Administrator, and JPMorgan Chase Bank as Trustee.
This Form 10-K has been prepared with modified disclosure in accordance with past exemptions from the reporting requirements granted by the Securities and Exchange Commission under the Securities Exchange Act of 1934 for issuers substantially similar to the Registrant. Items designated herein as “Not Applicable” have been specifically omitted in reliance on such prior exemptions.
B-2
PART I
| | |
Item 1. | | Business |
| | Not Applicable. |
| | |
Item 2. | | Properties |
| | Not Applicable |
| | |
Item 3. | | Legal Proceedings. |
| | The Master Servicer is not aware of any material pending legal proceedings involving the Registrant, the Trustee, the Master Servicer, Certificate Administrator or the Servicer with respect to the Bonds or the Registrant’s property. |
| | |
Item 4. | | Submission of Matters to a Vote of Security Holders. |
| | No vote or consent of the holders of the Bonds was solicited for any purpose during the year ended December 31, 2002. |
PART II
| | |
Item 5. | | Market for Registrant’s Common Equity and Related Stockholder Matters. |
| | To the best knowledge of the Certificate Administrator, there is no established public trading market for the Bonds. As of the date hereof, Cede & Co., the nominee of the Depository Trust Company (“DTC”), was the only holder of record of the Bonds. DTC holds the Bonds for the accounts of others. |
| | |
Item 6. | | Selected Financial Data. Not Applicable. |
| | |
Item 7. | | Management’s Discussion and Analysis of Financial Condition and Results of Operation. |
| | Not Applicable. |
| | |
Item 7A | | Quantitative and Qualitative Disclosures About Market Risks. |
| | Not Applicable. |
| | |
Item 8. | | Financial Statements and Supplementary Data. |
| | Not Applicable. |
| | |
Item 9. | | Changes in and Disagreements With Accountants on Accounting and Financial Disclosure. |
| | None. |
B-3
PART III
| | |
Item 10. | | Directors and Executive Officers of the Registrant. |
| | Not Applicable. |
| | |
Item 11. | | Executive Compensation. |
| | Not Applicable. |
| | |
Item 12. | | Security Ownership of Certain Beneficial Owners and Management. |
| | The Certificate Administrator is not aware of any Schedule 13D or 13G filings with the Securities and Exchange Commission in respect of the Bonds |
| | |
Item 13. | | Certain Relationships and Related Transactions. |
| | None or Not Applicable. |
| | |
PART IV |
| | |
Item 14. | | Exhibits, Financial Statement Schedules, and Reports on Form 8-K. |
| | | | |
(a) | | The following documents are filed as part of the report |
| | | | |
| | (1) | | Financial Statements |
| | | | Not Applicable. |
| | | | |
| | (2) | | Financial Statement Schedules |
| | | | Not Applicable. |
| | | | |
(b) | | The Registrant filed the following current reports on Form 8-K for the fourth quarter of 2002: |
| | |
Date of Reports | | Items Covered |
11/8/2002 | | Statement to Certificateholder |
| | | | |
12/9/2002 | | Statement to Certificateholder |
| | | | |
1/7/2003 | | Statement to Certificateholder |
| | | | |
(c) | | Exhibits* |
| | | | |
| | 99.1 Annual Statement to Bondholders for the period ended December 31, 2002 |
| | | | |
| | 99.2 Annual Statement as to Compliance |
| | | | |
| | 99.3 Annual Accountant’s Report |
| | | | |
B-4
| | | | |
(d) | | Additional financial statements |
| | | | |
| | (1) | | Separate Financial Statements of subsidiaries not consolidated and fifty-percent-or-less persons. |
| | | | |
| | | | None. |
| | | | |
| | (2) | | Affiliates whose securities are pledged as collateral. |
| | | | |
| | | | None. |
| | | | |
| | (3) | | Schedules. |
| | | | |
| | | | None. |
| | | | |
B-5
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Master Servicer has duly caused this report to be signed on behalf of the Registrant by the undersigned, thereunto duly authorized.
| | |
Dated: April 3, 2003 | | By: Wachovia Bank, National Association, as Master Servicer |
| | |
| | By: /s/ Joseph M. Devine Name: Joseph M. Devine Title: Vice President and Assistant Secretary |
WACHOVIA ASSET SECURITIZATION, INC.,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2002-1
I, Joseph M. Devine, certify that:
| |
| 1. I have reviewed the annual report on Form 10-K, and all Monthly Form 8-K’s containing Distribution Date Statements filed in respect of periods included in the year covered by this annual report, of the Wachovia Asset Securitization 2002-1 Trust (the “Trust”); |
| |
| 2. Based on my knowledge, the information in these reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the last day of the period covered by this annual report; |
| |
| 3. Based on my knowledge, the distribution or servicing information required to be provided to the Certificate Administrator by the Servicer under the Pooling and Servicing Agreement, dated September 27, 2002 (the “Agreement”), among Wachovia Asset Securitization, Inc., as depositor, Wachovia Bank, National Association, as servicer (in such capacity, the “Servicer”), master servicer and certificate administrator (in such capacity, the “Certificate Administrator”), and JPMorgan Chase Bank, as trustee for inclusion in these reports is included in these reports; |
| |
| 4. I am responsible for reviewing the activities performed by the Servicer under the Agreement and based upon my knowledge and the annual compliance required under the Agreement, and except as disclosed in the reports, the Servicer has fulfilled its obligations under the Agreement; and |
| |
| 5. The reports disclose all significant deficiencies relating to the Servicer’s compliance with the minimum servicing standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure as set forth in the Agreement that is included in these reports. |
| | | | |
| | | | |
| | By: | | /s/ Joseph M. Devine |
| | | |
|
| | Name: | | Joseph M. Devine |
| | Title: | | Vice President and Assistant Secretary |
B-6
INDEX OF EXHIBITS
| | |
99.1 | | Annual Statement to Bondholders for the period ended December 31, 2002 |
99.2 | | Annual Statement as to Compliance |
99.3 | | Annual Accountant’s Report |