10-K/A 1 mlc010wm1.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A Amendment No. 1 (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, 2001 OR / / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number: 333-39127-15 Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates Series 2001-WM1 (Exact name of registrant as specified in its charter) New York 36-4473282 36-4473284 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) c/o Wells Fargo Bank Minnesota, N.A. 9062 Old Annapolis Road Columbia, Maryland 21045 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (410) 884-2000 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 or 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 ___ This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Annual Report on Form 10-K (the "Original Form 10-K") filed on March 27, 2002 on behalf of Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates, Series 2001-WM1 established pursuant to the Pooling and Servicing Agreement among Merrill Lynch Mortgage Investors Inc as Depositor, Washington Mutual Mortgage Securities Corporation as Master Servicer, and Wells Fargo Bank Minnesota, N.A. as Trustee pursuant to which Merrill Lynch Mortgage Investors, Inc., Mortgage Pass-Through Certificates, Series 2001-WM1 registered under the Securities Act of 1933 (the "Certificates") were issued. Item 14 of the Original Form 10K is amended in its entirety to read as follows: Item 14. Exhibits, Financial Statement Schedules, and Reports on Form 8-K. (a) Exhibits (99.1) Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.2) Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.3) Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.4) Aggregate Statement of Principal and Interest Distributions to Certificate Holders. (b) On February 8, 2002 reports on Form 8-K were filed by the Company in order to provide the statements for the monthly distributions to holders of the Certificates. No other reports on Form 8-K have been filed during the last quarter of the period covered by this report. (c) Not applicable. (d) Omitted. Filed herewith. Previously filed. SIGNATURE Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized: Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates Series 2001-WM1 (Registrant) Signed: Wells Fargo Bank Minnesota, N.A. as Trustee By: Kwan Lee, Vice President By: /s/ Kwan Lee, Vice President Dated: December 16, 2002 Sarbanes-Oxley Certification I, Kwan Lee, certify that: 1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containing distribution or servicing reports filed in respect of periods included in the year covered by this annual report, of Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates Series 2001-WM1. 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 trustee by the servicer under the pooling and servicing agreement is included in these reports. Date: December 16, 2002 Kwan Lee ________________________ [Signature] Vice President ________________________ [Title] Exhibit Index Exhibit No. (99.1) Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.2) Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.3) Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 2001. a) Washington Mutual Bank, F.A., as Servicer (99.4) Aggregate Statement of Principal and Interest Distributions to Certificate Holders. Filed herewith. Previously filed. EX 99.1 (a) Deloitte & Touche (logo) Deloitte & Touche LLP Suite 4500 700 Fifth Avenue Seattle, Washington 98104-5044 Tel: (206) 292-1800 Fax: (206) 343-7809 www.us.deloitte.com INDEPENDENT ACCOUNTANTS' REPORT ON COMEPLIANCE WITH UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS Audit Committee of the Board of Directors Washington Mutual, Inc. Seattle, Washington We have examined management's assertion about Washington Mutual, Inc.'s (the Company) compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's Uniform Single Attestation Program for Mortgage Bankers (USAP) as of and for the year ended December 31, 2001, included in the accompanying management assertion. Management is responsible for the Company's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about the Company's compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the minimum servicing standards. In our opinion, management's assertion that the Company complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 2001, is fairly stated, in all material respects. March 6, 2002 Deloitte Touche Tohmatsu (logo) EX 99.2 (a) Washington Mutual (logo) As of and for the year ended December 31, 2001, Washington Mutual, Inc. (the Company) has complied in all material respects with the minimum servicing standards set forth in the Mortgage Bankers Association of America's Uniform Single Attestation Program for Mortgage Bankers. As of and for this same period, the Company had in effect a fidelity bond and errors and omissions policy in the amounts of $110 million and $25 million, respectively. Craig S. Davis President Home Loans & Insurance Services Group Anthony T. Meola Executive Vice President Home Loans & Insurance Services Group March 6, 2002 EX 99.3 (a) Washington Mutual (logo) P.O. Box 1093 Northridge, CA 91328-1093 Officer's Certificate The undersigned Officer certifies the following for the 2001 fiscal year: A. I have reviewed the activities and performances of the Servicer during the preceding fiscal year under the terms of the Servicing Agreement, Trust Agreement, Pooling and Servicing Agreement and/or Seller/Servicer Guide and to the best of this Officers' knowledge, the Servicer has fulfilled all of its duties, responsibilities or obligations under these Agreements throughout such year. B. I have Confirmed that the Servicer is currently an approved FNMA of FHLMC Servicer in good standing: C. I have confirmed that the Fidelity Bond, the Errors and Omissions Insurance Policy and any other bonds required under the terms of the Servicing Agreement, Trust Agreement, Pooling and Servicing Agreement and/or Seller/Servicer Guide are in full force and effect: D. All premiums for each Hazard Insurance policy, Flood Insurance Policy (if applicable) and Primary Mortgage Insurance Policy (if applicable), with respect to each Mortgage Property, have been paid and that all such insurance policies are in full force and effect: E. All real estate taxes, government assessments and any other expenses accrued and due, that if not paid could result in a lien or encumbrance on any Mortgaged Property have been paid. All Custodial Accounts have been reconciled and are properly funded: and F. All annual reports of Foreclosure and Abandonment of Mortgage Property required per section 6050H, 6050J and 6050P of the Internal Revenue Code, Respectively, have been prepared and filed. Certified By: John Mac Lean Vice President Title March 25, 2002 Date