FED FINES WELLS FARGO FOR FALSIFYING ORIGINAL LOAN DOCUMENTS

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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

The fact that the homeowner MIGHT still have a balance due on their loan is NOT a reason for awarding money or house to anyone who wants it. — Neil Garfield

EDITORIAL ANALYSIS: Why would a “bank” falsify loan origination documents? Why would they overstate the borrower’s income without the borrower knowing it? Why would they steer the borrower into loans that they borrower was least likely to repay?

Unless you are willing to answer the real questions, you will never understand what happened to you or the country. Wells Fargo was not acting as a bank when it closed those loans. It was using its name to pretend to be THE bank when the borrower sat down at the closing table. Wells Fargo was in fact acting as an unregistered mortgage broker without disclosing it to the borrowers. Wells Fargo compensation was based solely on whether they closed the loan — i.e. got the borrower’s signature. Wells Fargo was not lending the borrower anything. Wells Fargo had no risk. It didn’t make any difference whether the borrower repaid the loan or not.

Wells Fargo was not taking an excessive risk by underwriting the loan. It took no risk because it did no underwriting or funding of the loan. Since the Fee for Wells Fargo was for the transaction in which it pretended to be the lender, and since it was under pressure to produce more borrower signatures  without regard to the risk of loss for non-payment, Wells Fargo changed the borrower’s application to reflect higher income than was true, changed the description of the borrower as to where the borrower earned money, fabricated the rest of the documents and then went to the closing table with the borrower thinking that this venerable institution was their lender.

“Yeah, but they still took the money and they still owe it,” right? My answer is how would you know whether they still owe the money and how do you know who the money should go to? Doesn’t it matter to you that houses are going to Wells Fargo when they never loaned any money on the transaction and they never purchased the obligation? Why did Wells Fargo get all those free houses? Why are they still getting free houses, based upon robo-signed documents which is only a nice way of saying they are continuing to forge and fabricate documents just as they did when the loan was originated?

The fact that the homeowner MIGHT still have a balance due on their loan is NOT a reason for awarding money or house to anyone who wants it. Is there an amount due? We don’t know — the amount is unknown because the banks won’t tell us how much they received from taxpayers, servicers, counterparties and insurers, et al. They won’t tell investors either, because the money received by the banks should have gone to investors, and THAT would clearly have reduced the amount due to those investors.

Reducing the amount due the investors means reducing the amount due from the borrowers.  So the middleman here is taking all the benefit and laying off all the losses on the investor and the borrower. It is now very obvious that this is the case.

And as for the documents, I hate to beat a dead horse. If neither the identity of the lender, the purpose of the pretender lender, nor the terms of the transaction were disclosed to the borrower there is something wrong with the loan. If the note and mortgage recite that they are evidence of an obligation to Wells Fargo when in fact Wells Fargo loaned nothing, then the note is wrong and the mortgage securing the note is fatally defective. If the note leaves out essential terms of the transaction like the fact that the real lending party that SHOULD have been named on the note received “terms” (false promises) from Wells Fargo and others that were different than the terms shown on the note, then the note is not acceptable evidence of the obligation nor a correct description of the obligation.

If the note is not evidence of the transaction and the mortgage is invalid, does that give the homeowner a free house. NO. But if the investor decides not to go after a piece of property worth a fraction of the loan, and not to pursue a homeowner who is already broke, and instead go after Wells Fargo and the other cronies who started this mess, then the homeowner could end up with his house without any mortgage or encumbrance. That doesn’t mean they got it for free. At least the homeowner has put money into the place through down-payments, improvements, furnishings, maintenance etc.

The pretender lenders put nothing into the house. Who should get a “free house? Is it Wells Fargo or the defrauded investors and homeowners?

Fed fines Wells Fargo over US subprime mortgages

(AFP) – 1 day ago

WASHINGTON — The US central bank slapped Wells Fargo with an $85 million fine on Wednesday for allegedly “deceptive” practices in selling subprime mortgages before the financial crisis.

The Federal Reserve said its fine against Wells Fargo — the second-largest US bank in terms of deposits — was the biggest penalty it has imposed on a bank for consumer-protection violations.

It was also the first action taken by a US bank regulator over unsavory sales tactics in which banks duped borrowers into taking out costly subprime loans during the US housing boom, the Fed said in a statement.

The Fed’s penalty was due to alleged actions taken between 2004 and 2008 by Wells Fargo Financial, a subsidiary of the bank which is no longer active.

“Sales personnel steered borrowers who were potentially eligible for prime interest rate loans into loans at higher, subprime interest rates, resulting in greater costs to borrowers,” the Fed said.

The employees also “falsified information about borrowers’ incomes to make it appear that the borrowers qualified for loans when they would not have qualified based on their actual incomes.”

Wells Fargo Financial’s failure to rein in its salespeople constituted “unfair or deceptive” practices, the central bank said.

San Francisco-based Wells Fargo did not admit wrongdoing, but pledged to strengthen internal controls over its lending practics.

“The alleged actions committed by a relatively small group of team members are not what we stand for at Wells Fargo,” Wells Fargo chairman and chief executive John Stumpf said in a statement.

Before the collapse of the US housing market in 2007 and 2008, lenders sold billions of dollars’ worth of risky subprime mortgages, often to poorly qualified borrowers.

The subprime mortgages were bundled into complex mortgage-backed securities which were resold to investors. A plunge in the value of such securities led to the global financial crisis in late 2008.

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  1. [...] FED FINES WELLS FARGO FOR FALSIFYING ORIGINAL LOAN .Jul 22, 2011 FED FINES WELLS FARGO FOR FALSIFYING ORIGINAL LOAN DOCUMENTS. Posted on July 22, [...]

  2. NOTES and ACCELERATION OF SUBORDINATED ‘NOTES’ AND ‘SECURITIES’? (Norwest Trustee)

    NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
    “Authenticating Agent” means any Person authorized to act on behalf ofthe Trustee to authenticate Securities pursuant to Section 8.14
    IRS#41-1592157
    SIXTH STREET AND MARQUETTE AVENUE
    MINNEAPOLIS, MN 55479
    STANLEY S. STROUP, GENERAL COUNSEL
    AGENT FOR SERVICE
    621-667-1234

    $225,000,000 AGGREGATE PRINCIPAL AMOUNT OF ITS UNSECURED DEBT SECURITIES.

    Silverleaf Resorts
    The Notes will be issued pursuant to an Indenture (the “Indenture”) among the Company, each Subsidiary of the Company, as guarantors, and Norwest Bank Minnesota, N.A., as trustee (the “Trustee”).

    S-3 3/31/1998 Wilmington Trust Corp
    Registration Fee $66,375
    Incorporated by reference to exhibit number 25 filed with registration statement number 333-47427

    “Person” means any individual, corporation, partnership, joint
    venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.

    “Trustee” means the Person named as the “Trustee” in the first
    paragraph of this instrument until a successor Trustee shall have become such pursuant to the applicable provisions of this Indenture, and thereafter

    “Trustee” shall mean or include each Person who is then a Trustee hereunder, and if at any time there is more than one such Person, “Trustee” as used with respect to the Securities of any series shall mean the Trustee with respect to Securities of that series.

    (iii) No provision of this Indenture shall be construed to relieve the
    Trustee from liability for its own negligent action, its own negligent failure to act, or its own wilful misconduct, except that

    “Principal Corporate Trust Office” means the office of the Trustee,
    at which at any particular time its corporate trust business shall be principally administered, which office at the date of execution of this instrument is at the address set forth in the first paragraph of this instrument.

    “Responsible Officer”, when used with respect to the Trustee, means any officer of the Trustee with direct responsibility for the administration of this Indenture and also means, with respect to a particular corporate trust matter, any other officer of the Trustee to whom such matter is referred because of his knowledge of and familiarity with the particular subject.

    WILMINGTON TRUST CORP (OBLIGOR SPECIFIED IN CHARTER)
    IRS 51-0328154

    Wilmington Trust Corp · 8-K ·
    For 5/13/11 · EX-3.1
    Filed On 5/19/11 5:12pm ET
    · SEC File 1-14659
    · Accession Number 950123-11-52123

    “corporation” includes corporations, associations, companies and
    business trusts.

    “Depositary” means, with respect to the Securities of any series
    issuable or issued in the form of a Global Security, the Person designated as Depositary by the Company pursuant Section 3.01 until a successor Depositary shall have been appointed pursuant to
    Section 3.05, and thereafter “Depositary” shall mean or include each Person who is then a Depositary hereunder, and if at any time there is more than one such Person, “Depositary” as used with respect to the Securities of any such series
    shall mean the Depositary with respect to the Securities of that series.

    THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
    OF WILMINGTON TRUST CORPORATION
    1100 North Market St
    Rodney Square North
    City of Silminton
    County of New Castle, DE 19890

    Wilmington Trust Co and MTB One, Inc.
    Articles of Incorporation or By-Laws Ex.3.1 and Ex 3.2

    Article I
    Offices:
    Registered office of MTB One, Inc. shalle be established and maintained at the office of
    National Registered Agents,Inc.
    160 Greentree Dr, Suite 101
    Dover, Kent County Delaware 19904

    PRESS RELEASE 7/23/2010
    Wilmington Trust Co losses primary cause provision for loan losses following increases in nonperforming loans, loan charge-offs, and loans with unfavorable risk ratings. Other contributing factors millions of credit-related expenses and millions of securities losses.

    Donald E. Foley, Wilminton Trust’s Chairman and Chief Executive Officer fully committed to working through out credit issues and relying on robust risk management tools and analyses.

    CORPORATE CLIENT SERVICES ANOTHER QUARTEROLY RECORD HIGH

    NON-INTEREST INCOME ACCOUNTED FOR 59% OF TOTAL REVENUE FOR 2ND Q AND FOR FIRST HALF OF 2010.
    Total revenue is the combination of net interest income (before the provision for loan losses) and noninterest income (after amortization and excluding securities gains/losses).

    ABOUT WILMINGTON TRUST (2010)
    Wilmington Trust Corporation (NYSE: WL) is a financial services holding company that provides Regional Banking services throughout the mid-Atlantic region, Wealth Advisory services to high-net-worth clients in 36 countries, and Corporate Client services to institutional clients in 89 countries. Its wholly owned bank subsidiary, Wilmington Trust Company, which was founded in 1903, is one of the largest personal trust providers in the United States and the leading retail and commercial bank in Delaware. Wilmington Trust Corporation and its affiliates have offices in Arizona, California, Connecticut, Delaware, Florida, Georgia, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Pennsylvania, South Carolina, Vermont, the Cayman Islands, the Channel Islands, London, Dublin, Frankfurt, Luxembourg, and Amsterdam.

    WILMINGTON TRUST CORPORATION
    The Company was incorporated under Delaware law in 1985. Its executive offices are located at Rodney Square North, 1100 North Market Street, Wilmington, Delaware 19890 and its telephone number is (302) 651-1000

    The Company is the holding company of Wilmington Trust Company (“WTC”), a Delaware-chartered bank and trust company, and is also the holding company of a Pennsylvania-chartered bank and trust company and a Federal savings bank with banking offices in Maryland and Florida (together with WTC, the “Banks”). WTC is the largest full-service bank headquartered in Delaware and one of the nation’s largest personal trust companies. At December 31, 1997, WTC had over $100 billion in assets under management or custody on behalf of customers in all 50 states, the District of Columbia and 17 foreign countries. Subsidiaries of WTC engage in the distribution of mutual funds sponsored by WTC, investment advising, the sale of securities and insurance and related activities. At December 31, 1997, the Company had approximately $6.1 billion of total assets, including approximately $3.9 billion of loans. At the same date, the Company was well-capitalized, with $541.0 million of qualifying capital for risk-based capital purposes, representing 12.38% of risk-weighted assets, and $486.3 million of “Tier 1″ capital, representing 11.13% of risk-weighted assets and 8.58% of average assets during 1997.

    The Company is a legal entity separate and distinct from the Banks and WTC’s nonbanking subsidiaries (collectively, the “Affiliates”). Accordingly, the right of the Company, and thus the right of the Company’s creditors and stockholders, to participate in any distribution of the assets or earnings of any Affiliate is necessarily subject to the prior claims of creditors of the Affiliate, except to the extent that claims of the Company in its capacity as a creditor may be recognized. The principal sources of the Company’s revenues historically have been dividends from the Affiliates.

    SUBORDINATION: (Subordinated Securities)
    Notes will be unsecured
    Notes will be subordinated and junior in right of payment to Wilmington Trust CO in Baqse Prospectus

    The Subordinated Indenture does not prohibit or limit the incurrence of Senior Indebtedness or General Obligations by WIlmington Trust Co, including Senior Indebtedness or General Obligations held by AFFILIATES.

    LIMITED RIGHT OF ACCELERATION
    Payment of principal of the NOTES may be ACCELERATED only in the case of the bankruptcy, insolvency or REORGANIZATION of WIlminton Trust Co. There is no right of acceleration in the case of a default in the payment of principal, premium, if any, or interest on the Notes or in the performance of any other covenant of Wilmington Trust Co in the Subordinated Indenture or in the Notes.

    THe NOTES initially will be represented by GLOBAL SECURITIES deposited with DTC and registered in the name of the NOMINEE of DTC.

    DTC has advised Wilmington Trust CO. that it is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve Syste, a ‘CLEARING CORPORATION” within the meaning of the New York UNIFORM COMMERCIAL CODE, and a “CLEARING AGENCY” registered pursuant to the provisions of Section 17A of the Exchange Act.

    DTC created to hold securities for its participating organizations and faciliate the clearnance and settlement of securities transactions between Participants through eBook entry changes in accounts of ‘ITS’ participants, thereby eliminating the need for physical movement of certificates.

    Participants include securities brokers and dealers, banks, trust companies and clearing corporations and may include certain other organizations (including the UNDERWRITE

    INDIRECT ACCESS to DTC available to banks, brokers, dealers, trust companies and other entities that CLEAR THROUGH or MAINTAIN A CUSTODIAL RELATIONSHIP WITH A PARTICIPANT eith directly or indirectly.

    REGARDING THE TRUSTEE (NORWEST BANK MINESOTTA, NATIONAL ASSOCIATION) 1998

    Wilmington Trust Co. has agreed to indemnify the TRUSTEE for, and to hold it harmless against, any loss, liability or expense incurred without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of its duties under the INDENTURE including the costs and the exercise or performance of any of its powers or duties thereunder. In addition to its TRUSTEESHIP under the SUBORDINATED INDENTURE, Wilminton Trust Co maintains other business relationships with the TRUSTEE.

    UNDERWRITING
    The Notes are a new issue of securities with no established trading market.
    Wilmington Trust CO does not intend to apply for listing of the NOTES on a national securities exchange, but has been advised by the UNDERWRITERS that they presently intend to make a market in the NOTES as permitted by applicable laws and regulations.

    The UNDERWRITERS and certain of their affiliates and associates may be customers of, have borrowing relationships with, engage in transactions with and/or perform services, including investment banking services, for the Wilmington Trust CO and its subsidiaries in the ordinary course of business.

    In connection with the offering the UNDERWRITERS may engage in stabilizing transactions, syndicate covering transactions and penalty bids in accoradance with Rule 104 under the Exchange Act.

    Stablizing transactions permit bids to purchase the NOTES so long as the stablizing bids do not exceed a specified maximum.

    Syndicate covering transactions involve purchases of the NOTES in the OPEN MARKET AFTER THE DISTRIBUTION HAS BEEN COMPLETED IN ORDER TO COVER SYNDICATE SHORT POSITIONS.

    PENALTY BIDS PERMIT THE UNDERWRITERS TO RECLAIM A SELLING CONCESSION FROM A SYNDICATE MEMBER THEN THE NOTES ORIGINALLY SOLD BY SUCH SYNDICATE MEMBER ARE PURCHASED IN A SYNDICATE COVERING TRANSACTION TO COVER SYNDICATE SHORT POSITIONS. SUCH STABLIZING TRANSACTIONS, SYNDICATE COVERING TRANSACTIONS AND PENALTY BIDS MAY CAUSE THE PRICE OF THE NOTES TO BE HIGHER THAN IT WOULD OTHERWISE BE IN THE ABSENCE OF SUCH TRANSACTIONS. THESE TRANSACTIONS, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.

    No NASD member participating in these offers and sales of securities may execute a transaction in the NOTES in a discretionary account without the prior written approval of the member’s customer.

    “Affiliate” of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing

    $5.5 Million increase for transfer by Rodney Square Management Corporation, an indirect subsidiary of the Corporation
    (“RSMC”), to PFPC, Inc., an indirect subsidiary of PNC Bank, N.A., of its interest in certain agreements under which RSMC provided accounting, administrative, custody, distribution and/or transfer agency services to mutual funds.

  3. Wilmington Trust Corp : 3/12/1908-12/31/1996

    “The bank serves as ‘Trustee’ in asset securitizations.
    Trustee – Norwest Bank Minnesota, N.A.

    3/2/1908 Bank originally incorporated as
    THE DELAWARE GUARANTEE AND TRUST COMPANY.

    [ 1,102 SEC Filings (from 1/29/96 to 5/26/11) EXHIBIT 25.1 ]

    SECURITIES AND EXCHANGE COMMISSION
    Washington, D.C. 20549
    —————————–
    FORM T-1

    STATEMENT OF ELIGIBILITY
    UNDER THE TRUST INDENTURE ACT OF 1939 OF A
    CORPORATION DESIGNATED TO ACT AS TRUSTEE
    —————————–

    CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO
    SECTION 305(b) (2)

    NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
    (Exact name of trustee as specified in its charter)

    A U.S. NATIONAL BANKING ASSOCIATION 41-1592157
    (Jurisdiction of incorporation or (I.R.S. Employer
    organization if not a U.S. national Identification No.)
    bank)

    NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
    “TRUSTEE’
    SIXTH STREET AND MARQUETTE AVENUE
    Minneapolis, Minnesota 55479
    (Address of principal executive offices)

    Stanley S. Stroup, General Counsel
    NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
    Sixth Street and Marquette Avenue
    Minneapolis, Minnesota 55479
    (612) 667-1234
    (Agent for Service)
    —————————–

    WILMINGTON TRUST CORPORATION
    (Exact name of obligor as specified in its charter)

    DELAWARE 51-0328154
    (State or other jurisdiction of (I.R.S. Employer
    incorporation or organization) Identification No.)

    1100 NORTH MARKET STREET
    RODNEY SQUARE NORTH
    WILMINGTON, DE 19890
    (Address of principal executive offices)

    —————————–
    SUBORDINATED DEBT SECURITIES
    (Title of the indenture securities)

    The Corporation is a bank holding company and
    a thrift holding company, and
    therefore is subject to, among other things,
    the provisions of the Federal Bank Holding Company Act (the “BHCA”), the regulations of the Federal Reserve Board Under the BHCA, the FRB’s approval is required before a holding company may acquire “control” of a bank.

    A bank holding company and its subsidiaries generally may not, with certain exceptions, engage in, acquire or control, directly or indirectly, voting securities or assets of a company engaged in any activity other than

    (1) banking or managing or controlling banks and other subsidiaries authorized under the BHCA and

    (2) any BHCA activity which the FRB determines to be so closely related to banking or managing or controlling banks as to be a proper incident thereto. These include any incidental activities which are necessary to carry on such activities, provided the bank holding company has obtained the FRB’s prior approval for the activity. Under the FRB’s regulations, bank holding companies and their subsidiaries generally are permitted to engage in such non-banking activities as:

    (1) making, acquiring and servicing loans and other extensions of credit (including issuing letters of credit and accepting drafts) similar to that which might be done by consumer finance, credit card, mortgage, commercial finance or factoring companies;

    (2) operating an industrial bank, Morris Plan Bank or industrial loan company;

    (3) performing certain functions and activities which may be performed by a trust company;

    (4) acting as an investment or financial advisor;

    (5) leasing personal and real property and acting as agent, broker or advisor in leasing that property;

    (6) making equity and debt investments in corporations and projects designed primarily to promote community welfare;

    (7) providing to others data processing and data transmission services, facilities, data bases and access to those services, facilities and data bases;

    (8) performing certain insurance agency and underwriting activities;

    (9) owning,controlling or operating a savings association which engages only in deposit-taking activities and lending and other permitted non-banking activities;

    (10) providing certain courier services;

    (11) providing management consulting advice to certain nonaffiliated bank and nonbank depository institutions;

    (12) issuing and selling, at retail, money orders and similar consumer-type payment instruments having a face value of not more than $1,000, selling United States savings bonds and issuing and selling travelers’ checks;

    (13) performing appraisals of real estate and tangible and intangible personal property, including securities;

    (14) acting as an intermediary for the financing of commercial and industrial income-producing real estate;

    (15) providing certain securities brokerage services; (16) underwriting and dealing in government obligations and money market instruments;

    (17) providing foreign exchange advisory and transactional services;

    (18) acting as a futures commission merchant for unaffiliated persons;

    (19) providing investment advice as a futures commission merchant or commodity trading advisor with respect to certain commodity futures contracts and options;

    (20) providing consumer financial counseling services;

    (21) providing tax planning and preparation services;

    (22) providing check guaranty services to subscribing merchants:

    (23) operating a collection agency; and

    (24) operating a credit bureau. A bank holding company also may file an application for the FRB’s approval to engage, directly or through subsidiaries, in other non-bank activities which are so closely related to banking as to be a proper incident thereto. The Corporation has not determined which, if any, of the activities described above it might seek to engage in other than those in which the Banks and the Bank’s subsidiaries presently engage. There is no assurance that the Corporation will seek to, or acquire any subsidiaries which, engage in any of such other activities or that, if the Corporation does so, its efforts will be successful.

    In September 1994, the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (the “Interstate Banking Act”) was enacted. Under the Interstate Banking Act, adequately capitalized and managed bank holding companies were permitted, subject to obtaining regulatory approval and regardless of certain state law restrictions such as reciprocity requirements and regional compacts, to acquire a bank in any state beginning on September 29, 1996. In general, no such acquisition will be permitted which would result in the acquiring bank holding company owning 10% or more of insured deposits nationwide or 30% or more of insured deposits in any state. Certain state law restrictions, such as minimum age-of-existence requirements for targets of up to five years, will continue to apply. States cannot “opt out” of these interstate acquisition provisions.

    SUBSIDIARIES (12/31/1996 listed towards bottom):
    The Bank was originally incorporated by an Act of the General Assembly of the State of Delaware, entitled “An Act to Incorporate the Delaware Guarantee and Trust Company on 3/2/1901.

    State of Delaware invited out of state bank holding companies to organize banks in DE. Non-bank phenomena of the 1980’s five of Delaware’s indigenous banks were acquired by entities which were not bank holding compaies.

    Wilminton Trust CO. 12/31/1996 is the largest indigenous bank holding company in DE providing full range of commercial and personal banking services which is not controlled by out-of-state interests.
    On 3/12/1903, an amendment was filed with the office of the Secretary of State to change the Bank’s name to Wilmington Trust Co.

    RESIDENTIAL MORTGAGE LOANS:
    In general, the Banks directly originate or purchase residential first mortgage loans. These are secured principally by properties located in Delaware, Pennsylvania, Maryland and Florida. The Bank generally services loans which it, Wilmington Trust of Pennsylvania or Wilmington Trust FSB originate or purchase and which are not subsequently resold.

    The Banks maintain excellent relationships with correspondent brokers in their market areas from which they purchase residential mortgage loans.

    The banks foster public awareness of their residential mortgage loan products through television and newspaper advertising and direct mail.

    OTHER Activities:
    Deposit Accounts represent the most important source of the Banks’ funds for use in lending and investmenet activities, and for general business purposes.

    The Banks also derive funds from, among other sources, borrowings, the amortization and repayment of loans outstanding, earnings and maturities of investment securities.

    Interest and dividends on investmenets provide Banks with significant soure of revenue. Investment securities including securities purchased under agreements to resell 23% of total assets.

    Wilmington Trust Corp through its subsidiaries also perform corporate trust and custodial services for both institutional and individual clients.

    The bank serves as Trustee in asset securitizations.

    Each of the Banks acts as trustee, executor, administrator, guardian and custodian. The Bank provides fiduciary services for employee benefit trusts of its clients.

    Wilmington Trust Co also assists corporate clients in establishing and maintaining Delaware-chartered investment holding companies.

    The Bank provides investment management services to corporate and institutional clients managing 12/31/1996 over $6.1 billion in assets.

    Wilmington Trust Co through its subsidiaries also performs corporate trust and custodial services for both institutional and individual clients. Substantive subsidiaries listed 12/31/1996 10K:

    Wilmington Trust Corp · 10-K · For 12/31/96 · EX-21

    EXHIBIT 21

    Wilmington Trust Corporation has only three direct subsidiariesWilmington Trust Company, a Delaware-chartered bank and trust company,Wilmington Trust of Pennsylvania, a Pennsylvania-chartered bank and trust company, and Wilmington Trust FSB, a Federally-chartered savings bank
    headquartered in Maryland. Wilmington Trust Company has the following subsidiaries:

    NAME / JURISDICTION

    1. Brandywine Insurance Agency, Inc.Delaware

    2. Brandywine Finance Corporation Delaware

    3. Brandywine Life Insurance Company, Inc.Delaware

    4. Compton Realty Corporation Delaware

    5. Drew-I, Ltd. Delaware

    6. Drew-VIII, Ltd. Delaware

    7. Delaware Corporate Management, Inc. Delaware

    8. Holiday Travel Agency, Inc. Delaware

    9. 100 West Tenth Street Corporation Delaware

    10. Rockland Corporation Delaware

    11. Rodney Square Distributors, Inc. Delaware

    12. Rodney Square Management Corporation Delaware

    13. Siobain VI, Ltd. Delaware

    14. WTC Corporate Services, Inc. Delaware

    15. WTC Pennsylvania Corp. Pennsylvania

    16. W.T. Investments, Inc. Delaware

    17. Wilmington Brokerage Services Company Delaware

    18. Wilmington Capital Management, Inc. Delaware

    19. Wilmington Trust Commercial Services Company Maryland

    12/31/1996 10K ‘Business’
    Wilmington Trust Corporation, a Delaware corporation(the “Corporation”), was incorporated under the laws of Delaware in 1985, but remained inactive until 1990.

    On August 22, 1991, the Corporation became the parent holding company and the principal subsidiary.

    Wilmington Trust Co
    1100 North Market St
    WIlmington DE 1980 (302) 651-1000

    The Corporation organized primarily to become the holding company of the Bank. Principal role at present (12/31/1996) to supervise and coordinate banks activities and provide it with capital and services.

    Virtually, all of the Corporations income is from dividendes received from the bank.

    The corporation from time to time utilizes the banks support staff wihtout payment of any fees.

    October 1993, the Corporation acquired Freedom Valley Bank, a PA chartered commercial bank with 4 branches. January 1994, Freedom Valley Bank acquired trust powers and in February 1994, its name was changed to Wilmington Trust of PA. The Corporation supervises and coordinates the activities of Wilmington Trust of PA.

    In June 1994, the Corporation formed Wilmington Trust Federal Savings Bank, a Federally-chartered savings bank with trust powers headquarterd in Salisbury, MD.

    During 1994, Wilmington Trust FSB acquired one branch of former John Hanson Federal Savings Bank and 2 locations of former Second National Federal Savings Bank from the
    RESOLUTION TRUST CORPORATION.

    In November 1995, Wilmington Trust FSB merged with Wilmington Trust of Florida, National Association with trust powers headquartered in Florida which previously was a subsidiary of the bank.

    Wilmington Trust FSB operates trust agency offices in Easton, .. Marylsand and Las Vegas, Nevada.

    The Bank, Wilmington Trust of PA and Wilmington Trust FSB sometimes are hereinafter collectively referred to as the “Banks.”

    SUBSIDIARIES:
    The Bank has 19 wholly-owned subsidiaries, formed for various purposes. Those subsidiaries’ results of operations are consolidated with those of the Corporation for financial reporting purposes. Those operating subsidiaries provide additional services to the Corporation’s customers. Among those subsidiaries are the following:

    1. Brandywine Insurance Agency, Inc., a licensed insurance agent and broker for life, casualty and property insurance;

    2. Brandywine Finance Corporation, a finance company;

    3. Brandywine Life Insurance Company, Inc., a reinsurer of credit life insurance written in connection with closed-end consumer loans which the Bank makes;

    4. Delaware Corporate Management, Inc., which maintains and provides custodial and other services for Delaware holding companies holding intangible assets in Delaware;

    5. Rodney Square Distributors, Inc., a registered broker-dealer;

    6. Rodney Square Management Corporation, a registered investment adviser which performs mutual fund investment advisory, administration, accounting and transfer agency services for the mutual funds described below and other, non-proprietary, mutual funds;

    7. WTC Corporate Services, Inc., a sales production office for trust customers in the western United States; and

    8. Wilmington Brokerage Services Company, a registered broker-dealer and a registered investment adviser.

    The Bank also is involved with the following mutual funds, for which Rodney Square Distributors, Inc. serves as the distributor:

    1. The Rodney Square Fund, a fund consisting of a money market portfolio and a United States government securities portfolio;

    2. The Rodney Square Tax-Exempt Fund, a fund investing in short-term municipal obligations whose interest income is principally exempt from Federal income tax;

    3. The Strategic Fixed Income Fund, a fund consisting of the Diversified Income Portfolio, which invests primarily in investment grade,fixed-income securities, and the Municipal Income Portfolio, which invests primarily in municipal securities exempt from Federal taxation;
    and

    4. The Rodney Square Multi-Manager Fund, a fund consisting of a growth portfolio.

    As a bank holding company, the Corporation is required to conduct its operations in a safe and sound manner. If the FRB believes that an activity of a bank holding company or control of a nonbank subsidiary, other than a nonbank subsidiary of a bank, constitutes a serious risk to the financial safety, soundness or stability of a subsidiary bank of the bank holding company and is inconsistent with sound banking practices or the purposes of the BHCA or certain other Federal banking statutes, the FRB may require the bank holding company to terminate the activity or the holding company’s control of the subsidiary.

    As wholly-owned subsidiaries of the Corporation, the Banks are subject to Section 106 of the Bank Holding Company Act Amendments of 1970 (“Section 106″) relating to tying arrangements. Under Section 106, the Banks may not extend credit, sell or lease property, furnish any service to a customer or fix or vary the consideration for any of the foregoing, on the condition or requirement that the customer (1) obtains additional property, services or credit from the Corporation, the Banks or any other subsidiary of the Corporation, (2) refrains from obtaining any property, credit or services from any competitor of the Corporation, the Banks or any other subsidiary of the Corporation or (3) furnishes any credit, property or services to the Corporation, the Banks or any other subsidiary of the Corporation. Under the FRB’s regulations, a bank holding company and any non-banking subsidiaries conducting activities authorized by those regulations also are prohibited from engaging in transactions involving tie-in arrangements which would be unlawful under Section 106 if imposed by a bank.

    Sections 23A and 23B of the Federal Reserve Act, applicable to the Banks, establish standards for the terms of, limit the amount of and establish collateral requirements with respect to, any loans or extensions of credit to and investments in affiliates by the Banks. The Banks are “affiliates” for Federal Reserve Act.

  4. WELLS FARGO BANK NA ‘TRUSTEE’ c/o Wilminton Trust Co.

    The TRUSTEE responsible for the recordings of the SEC transactions and documents and forms including the S-3 Registration Statements and S-3/A Registration Statement Amendments, and related prospectus and prospectus supplement governed by PSA documents.

    All transactions relate back to “pre-funding” agreements inside S-3 and S-3/A governing the forward selling.

    Transactions originated by Mortgage Brokers’ Correspondent eLENDER in Agreement with “Trustees'” Corporate Treasury Services of Wells Fargo Bank NA.

    Pre-funding evidence is the escrow funding payable and issued to the individual settlement agent, the mortgage brokers’ closing agent for every real estate transaction related to the retail consumer loans.

    Many related transactions assigned electronically to one ‘Issuing Entity’ c/o Registrant’s pass through agency.

    The “HANDLER” the “Trustee’ responsible for all of the related transactions on behalf of 2 or 100 (INVESTORS).

    ‘Mortgage notes are assets and as collateral are traded and transactions are recorded incorporating the actual ‘remitters’ (ORDERS) in which the TRUSTEE secured an unrelated third party in the CREDIT FACILITY to pre-fund, the commitments, and handle the origination (sales) and (purchases) of the underwriter/lenders, appraisers, insurance agents, mortgage brokers, real estate agents, warehouse lenders, etc.

    Transaction by transaction fully documented by TRUSTEE. So how come the TRUSTEE Wells FArgo Bank NA in all of the great Jeff Barnes Esq. discussions reveals the TRUSTEE purposefully lies to the court and files falsified documents and falsified statements are recorded in court and NO ONE IN THE DOJ can investigate.

    How many times have I heard defendants state we can’t get a copy of the Escrow, or if they have a copy of a check they can’t find the related entries and Wells FArgo claims they are oppsssieeee lost.

    Wells Fargo hides evidence as one of the owners of the eRegistry including TD Services, as an owner of the CREDIT FACILITY, MERS, etc.

    Electronic transactions now we need legislation for to provide what a check use to provde accurate business document is not longer found to be accurate! when the benefit will be to the TRUSTEE.

    Deutsche Bank Trust ‘TRUSTEE’ dba Bankers Trust Co of California, National Association, handling the ‘SASCO’ pass hrough deposits 2002/2003 choosing the more valuable ‘tradename’ Deutsche Bank Trust Company of Americas’

    Read the ‘S-3’ and ‘S-3\A’ Agreements regarding TRUSTEE and PRE-FUNDING.
    PRE-FUNDING is ‘Escrow’ provided by members of credit facility part of the nationwide network of bank attorneys, real estate attorneys, closing agents, settlement agency, title companies, lenders as underwriters of loans and as aggregators.

    Example ‘Collateral’ and’ Remitters’ transactions recorded by Wells Fargo Bank NA TRUSTEE include transactions of ‘Sellers’ of discounted loans ESCROW deposits funded by unrelated third parties c/o individual settlement agent, deposit safe & snug inside of Wells Fargo Asset Securities Corp c/o Wells Fargo Bank NA ‘Trustee’ for (Wilmington Trust Co) Indenture.

    CTS-Link Wells Fargo Bank NA Trustee
    Frederick MD integrated to

    Wells Fargo is a leading (third party) administrative agent of ‘credit facilities’ where it is not a participant in the facility and a provider of successor debt trustee services.

    Wells Fargo developed our services to address liquidity needs of credit markets. Typically engaged when INVESTORS need to find an ALTERNATIVE provider, or when the current provider is in a conflict situation or is not longer a participant in the credit facility.
    Wells Fargo Bank NA TRUSTEE (c/o Wilmington Trust Co?)

    TRUSTEE works proactively with external counsel, advisors and other parties, with both lending participants and investors. Wells Fargo utilizes dedicated INTRALINKS site for each of the loans that we ‘service’ including all communications, documents requiring dissemination to participants and lender calls, posting financials, amendments and supplements., (Filing Agent? 25,837 transactions using dubious fictitious invalid name of Norwest Asset Sec…..Trust 1998-1 (which is terminated) and hiding the real name c/o Norwest Minneapolis Bank National Association dba Wells FArgo Bank NA as ‘Trustee’.

    Wells Fargo Bank NA Trust Professions review Amendments, consents, waivers, and act upon commercial borrower requests to ensure commercial borrowers as clients receive excellent services. Wells Fargo calculates, collects, distributes debt service amounts to participants. To assit in LOAN’s secondary market, Wells Fargo maintains LOAN SYNDICATIONS AND TRADING ASSOCIATION (“LSTA”) standards for processing your TRADE ASSIGNMENTS. Wells FArgo Bank NA serves as collateral agent, depository, control account, and secured party representative if the existing administrative agent is unable to perform stated roles.

    GLOBAL BANK
    When you work with Wells Fargo Bank NA TRUSTEE, one of the worlds largest banks youll be able to access expertise from within the Wells Fargo groups in addition to our comprehensive suite of corporate trust products including:

    Account bank
    Cash Manager
    Disbursement Agent
    Exchange Agent
    Loan Facility agent
    Security Agent
    Successor Loan Facility Agent
    Successor Security Agent/Trustee
    Trustee

    Corporate Trust Services is a division of Wells Fargo Bank NA and its subsidiaries including Wells Fargo Bank International and Wells Fargo Securities International Ltd, Wells Fargo Bank International is regulated by the Central bank of Ireland and Wells Fargo Securities International Ltd is authorized and regulated by the United Kingdom’s Financial Services Authority. (copyright) 2022 Wells Fargo Bank NA All rights reserved MC-2503 6/11. The TRUSTEE transactions c/o Norwest Minnesota Bank, NA dba Wells Fargo Bank NA, do their commercial business eLENDING when trading real estate.

  5. What is best way to find out if your loan was fraudently done with Wells ?

  6. notify me of new posts

  7. carie, since FHA/HUD insures the loan and pays it off when it defaults they then ‘own’ the debt. Guess they are having problems now, paying off all those loans to the investors, via the Servicers of course, they are running out of money from their fund which is probably empty (full of IOU’s) The investors most likely don’t have a clue. Perhaps the FHA is having trouble getting all those missing Notes back from the Trusts to get themselves in title and sell their FHA Repos. The Servicers have it made, they are making money off of everything..for now. The VA is most certainly having problems too as they guaranteed the loans and must pay them off too, wonder where that money is coming from. They don’t appear to care about the title, they use ‘special deeds’ exempting them from title problems. I am so glad the world is waking up to the state of the u.s. economy.

  8. that was directed at ANONYMOUS, Martha. This Clark Kent routine is dated.

  9. I know this news is a little old, but—

    SPEAKING OF INSURANCE FRAUD:

    http://nreionline.com/finance/news/federal_government_sues_deutsche_bank_0504/

    “The U.S. Department of Justice has filed a civil mortgage fraud lawsuit against Deutsche Bank AG and its subsidiary, MortgageIT Inc., for allegedly making “false certifications” to the U.S. Department of Housing and Urban Development (HUD) related to mortgage origination and certain practices by the subsidiary.

    According to the Justice Department, the Federal Housing Administration (FHA) paid insurance claims on more than 3,100 mortgages, totaling $386 million for mortgages endorsed by MortgageIT. MortgageIT was shuttered years ago and no longer originates mortgages.

    The Justice Department suit seeks damages and civil penalties under the False Claims Act for the alleged misstatements in connection with residential mortgage origination.

    “We don’t tolerate fraud in FHA’s mortgage insurance business,” said HUD General Counsel Kanovsky. “Each and every lender has a responsibility to properly underwrite mortgages not only to protect FHA’s insurance fund but those families who depend on the FHA mortgage insurance program to provide them safe and sustainable mortgage financing.”

    Hmmm…my “servicer” told me “Deutsche Bank” owns my “loan”—“it’s in a trust”…

    LIE, LIE, LIE….

  10. usedkar guy, who are you talking too? I am curious.

  11. I have no connections. It is you who professes to have “connections”. My name is all over this blog. Yours is not. Enough with the bullshit.

  12. Please delete the first. Had a name change,(sprat to straw) and thought I had not posted it. hit post again

  13. Neil, People, You just don’t get it.

    All the talk about why the “borrower is not being credited” and all.

    The fed just fined Wells Fargo not, for deceiving “Borrowers” but for the STRAW MAN scheme.

    The bad loans that are being litigated on, and I use this term loosley, as they settle almost as fast as the suits are filed, the bad loans were to the STRAW MEN.

    The Builders built two homes.

    Jack Straw came along and wanted to buy one.

    They said, “Wait! Mr. Straw, we will sell you TWO for the price of one.

    We will even help you rent it, and we will pay the payments. We will handle it all! Why you’ll soon be a millionaire Mr. Straw!”

    JUST SIGN HERE, AND OH ABOUT YOUR “PICKY ABOUT TERMS” WIFE, don’t tell her! Our little man-secret, Mr. Sprat!

    The home Mr. Straw will live in is sold with the loans as JPMORGAN CHASE as the Servicer on the first at 80%and COUNTRYWIDE on the 2nd 20%

    The home down the street, That is sold with WELLS FARGO on the first, and INDYMAC on the 20% 2nd.

    After 2 months the builder defaults, and tells Mr. Straw man-
    fuggit about it, no harm no foul- why no damages TO YOU!

    MEANWHILE WELLS FARGO FORECLOSES ON THE SECRET HOME

    The fed starts to get wind, as a ‘PICKY ABOUT TERMS” Wife, (and others) is causing a commotion, and complaining she had her name forged on that SECRET HOUSE.

    They made a big, big, big, mistake, why they let her have a copy of the ENTIRE NOTARY JOURNAL that shows over 25 other STRAW LOANS!

    Why would they do something so, so stupid?

    Because they thought if they gave it to her on an INVALID SUBPOENA, That she would be stupid, and introduce it to Court, thereby its OUT.

    She was not stupid.
    She has all the names.

  14. Neil, People, You just don’t get it.

    All the talk about why the “borrower is not being credited” and all.

    The fed just fined Wells Fargo not, for deceiving “Borrowers” but for the STRAW MAN scheme.

    The bad loans that are being litigated on, and I use this term loosley, as they settle almost as fast as the suits are filed, the bad loans were to the STRAW MEN.

    The Builders built two homes.

    Jack Sprat came along and wanted to buy one.

    They said, “Wait! Mr. Straw, we will sell you TWO for the price of one.

    We will even help you rent it, and we will pay the payments. We will handle it all! Why you’ll soon be a millionaire Mr. Straw!”

    JUST SIGN HERE, AND OH ABOUT YOUR “PICKY ABOUT TERMS” WIFE, don’t tell her! Our little man-secret, Mr. Sprat!

    The home Mr. Straw will live in is sold with the loans as JPMORGAN CHASE as the Servicer on the first at 80%and COUNTRYWIDE on the 2nd 20%

    The home down the street, That is sold with WELLS FARGO on the first, and INDYMAC on the 20% 2nd.

    After 2 months the builder defaults, and tells Mr. Straw man-
    fuggit about it, no harm no foul- why no damages TO YOU!

    MEANWHILE WELLS FARGO FORECLOSES ON THE SECRET HOME

    The fed starts to get wind, as a ‘PICKY ABOUT TERMS” Wife, (and others) is causing a commotion, and complaining she had her name forged on that SECRET HOUSE.

    They made a big, big, big, mistake, why they let her have a copy of the ENTIRE NOTARY JOURNAL that shows over 25 other STRAW LOANS!

    Why would they do something so, so stupid?

    Because they thought if they gave it to her on an INVALID SUBPOENA, That she would be stupid, and introduce it to Court, thereby its OUT.

    She was not stupid.
    She has all the names.

  15. ANONYMOUS- you and I have gone back and forth regarding insurance fraud in this mess, and one thing which I have never seen addressed in print, msm, or here or anywhere for that matter, is: What role (if any )did reinsurers have in this? It is industry practice to lay off part or all of the risk by purchasing reinsurance, but I can find no evidence that this was actually the case. I know that credit default swaps acted as insurance, but were quite different from a reinsurance policy. Do you have any information or leads for me to follow, am looking at this from a different angle.

  16. Carie,

    Propublica. I think your right. Anyway, yes. It took two years just to get this Wells Fargo story out and you almost never found a topic on the origination. It’s all been the foreclosure.

    If you are looking for a lawyer. Handle on the law is a popular reputable talk radio. They do refer you to a lawyer for free and they do a follow up call to see if a lawyer called you back.

    http://www.handelonthelaw.com/home/

  17. Martha Raysik,

    Very interesting what you write.

    usedkarguy,

    Drama?? That is exactly what we need more of.
    Settlements have been routine on issues we have long known about.
    Civil actions block additional investigation – all about a money settlement.
    .
    What we need is criminal actions — then you will get the drama.

    Last time I looked, insurance fraud is criminal.

    But, as I recall, we have been over this before, what are your connections – again???

  18. To all those people who filed complaints with the OCC, or sent their evidence off to the state AG, the Fed, Carl Levin, DOJ, FDIC, ASPCA, or anybody they thought would help, GIVE YOURSELF A NICE ROUND OF APPLAUSE! Every one of you who took Wells Fargo to task on a bad loan, you brought this action forward. This is big if you’re pleading a fraud case. They can’t look in the camera anymore and say “we didn’t do a whole lot of that subprime stuff”.
    If you are still in your house, you better get on the stick. don’t sit there and look out the window waiting for the process server to show up. Talked to a lady last week, smart gal, just didn’t know what to do. The phone stopped ringing so she thought it would be okay. She did nothing. MSJ and she’s gone. Another smart guy I know, paid lawyers tens of thousands, and the bank abandoned the property; he’s stuck with the bill (after moving a couple states away).

    Guys like Bernanke and Geithner, Boehner and Gingrich, they’re not going to be happy until they make the whole country look like Detroit. And then there won’t be any need for “community organizers”. That’s a good thing.
    I mentioned Marco Rubio. Listen to this man. I never heard anyone so quick on his feet, mentally, emotionally, RATIONALLY, before in my lifetime. He comes into the theater with an (R) after his name. Could that stand for “(R)ealist”? We need to get him involved in the foreclosure fraud debacle. His state has been ravaged. He sees it first hand. Drop him a letter (e-mail won’t work if you’re an “out-of-stater”) and push him to look into the Attorney General. Remind him that there is no more room for machine politics. The country is at the edge of the cliff. Their could be no greater transference of wealth than that which would occur with the destruction of the RMBS market. “Their is no equity gained without extinguishment of debt”. It’s become a criminal enterprise manipulated by the system itself.
    I’m watching in amazement while Mr. Rahm “Never Let A Good Crisis Go To Waste” Emmanuel is taking away City of Chicago cars and credit cards and laying off Streets and San workers like it’s the coolest thing since tax increases. In Wisconsin, Walker has put the brakes on expanse of government, making it ground zero for the deficit wars. My friends, we live in tumultuous times. Look to no one other than yourself for protection. And let the congressmen and women know what you think.
    Most of government is in a feeding frenzy of fees and regulations and manipulation of the currency forcing everyone under. And so are the “rentiers”. They are the invisible hand that rules the market. And the media. MAKE SOME NOISE. Put them on notice. You are paying attention.

  19. usedkar—thanks for sharing…

    and thanks, ANONYMOUS…nothing wrong with a little drama…

  20. sorry I see its carie, with one r.

    My Grandmother was Carrie, (short for Elizabeth-oddly enough) so its just a habit
    sorry

  21. Carrie, I actually am in a bizarre novel being written real time. It’s my book, “Born in the Cuckoo’s Nest”
    FREE to read- this is no ad. google it.

    I started the book when I found out the Builder fraudulently increased my sales price by $40,000 and my husband did NOT CARE.

    He said “what is 40, when we just lost 200?”

    Sorry, I could not let it go. He deceived me I think.

    Now, I am getting secret anonymous letters, and I live every day with the creepy feeling somebody is watching me.

    I feel like I am in…..The Matrix!

    I must really by crazy….Then again, I have the documents to back this up.

  22. and one more thing:

    MARCO RUBIO FOR PRESIDENT!

    Get him in the loop on foreclosures.

  23. careful, as some states no longer allow “civil conspiracy”: Wisconsin being one. Unfair and deceptive acts and practices can be pleaded. And it’s called “theft by conversion”.

    Carie, no two circumstances are the same. Commonality, yes, but prime/subprime, arm/fixed. purchase/refinance, state/Fed, statutes of limitations, all this stuff is state specific. And then try to find an attorney who knows what the heck is going on. Tough, tough battle. Search out local legal aid societies or university law projects. Marquette University, Harvard School of Law, I had evidence obtained via discovery in the prior foreclosure case; I believe it gave me leverage.
    1) fraud in the inducement re: inflated appraisal, fraud in the underwriting w/bad asset statement (doctored docs in loan level files)
    2) judicial estoppel/collateral estoppel (false affidavits of ownership)
    3) negligent supervision of employees (bogus application/underwriting/closing instructions)
    4)breach of fiduciary duty/aiding and abetting breach of f-d
    5) WOCCA Wisconsin Organized Crime Control Act (State RICO) for affidavits, bogus assignment of mortgage

    I think I boxed them in with an admission from the PMI provider that there was never a claim filed; only reported defaults marked cured. Hence, no need for all the default servicing charges if no default existed. who knows? this could be another stall. Still no notice of appearance filed by any of the defendants (Wells and 4 d/b/a’s, HSBC, Gray Assoc.

    again, big problem with this blogging format is that many state-specific laws and procedures keep attorneys from providing advice. Someone recommended long ago that we break this up into groups, but look at loansafe.org. we’re headed for the same mess. problem is this costs a lot to maintain without advertising. now the other stuff (LUMINAQ) makes this place a side job. Kudo’s to Neil for not selling out, however, he needs help here with the content. There was a time when this was the only game in town. I think we’ve passed our prime here. Somebody, PLEASE, prove me wrong.

    not legal advice, I’m a nitwit. consult an attorney licensed in your state. then ask him a bunch of questions, and when he gives you that blank stare, go find another attorney. the best are already busy and networking with others. find them.

    Harry, I’d like to chat off site sometime. You’re a stand up guy. don’t pay any mind to the ninnyhammer (I know you don’t). and ANONYMOUS, enough drama.

  24. Go, Martha!

    Don’t you feel like you’re in some bizarre reality tv show—or some novel that is being written in real time—so surreal to know things like this are happening right in front of our eyes in a daily unfolding situation…

  25. Steve, I think the only other place I post regularly is Propublica, and for some reason they STILL aren’t getting to the heart of what happened…I wish they’d REALLY earn their Pulitzer Prize and start reporting on the TRUTH of the mortgage fraud…somebody must have gotten to them…

  26. The only reason I found this STRAW MAN scam of WELLS FARGO out is I JUST got an anonymous message that said
    “your husband bought another house. look at the checks”
    this is when I found a check made to another lot number, and it suddenly all tied together.

    why Loanstar said Wells Fargo had a loan, when CHase was supposed to be the Invest/servcr.
    why I found DOUBLE loan numbers, that the FBI confirmed.

    The as I hit the public records the pattern became clear.
    I even found “internal Grant deeds” on other people, that I rember signing myself.

    Its a very complicated scam, and I will post more on my website I am just re-starting. http://www.HouseFraud.com.

    Give me a week or so, as I am scrambling to write a TAC.

  27. Martha,

    That sure is news. Do you have any links to any of the FDIC v. K.HOVNAIAN, PULTE, or KB ?

  28. Today, I went the recorders office. I wanted to look up five names in the straw buyer scam. I alloted myself two hours. I thought my own search would take 30 minutes.
    The rest of the time I would devote to OTHER PEOPLE searching, who were beginners, who did not know the FFFd UP computer system designed to THWART people.
    Suddenly– The sheriff’s were standing there. “Ma’m” they said. “You cannot take photos of the computers” I Said ” Oh yeah, what law is this? These are PUBLIC RECORDS” they said, “Its just a rule” I said “The Government can’t make RULES, they can make LAWS, but not arbitrary rules.”
    He went to get help.

    They left me alone after this, and I shoved my Ipad into my purse. I wanted to get some Kung pao later, so thought I better not press the issue on a Friday evening.

    Then as I started helping others, they stood closer so they could hear what I said. And they told us we had a 30 minute limit to search public records.
    Conspiracy…ah shucks, that’s just crazy!

  29. Carie,

    It is a full time job and I love a good comment challenge at Huffington Post. when it comes to those bankster articles. I use to be here everyday since Obama took office. They stole mine in 2009. And when you crash a mans occupation, steal his home, his hard work, his savings and then call him stupid or a liar then you just don’t rest. To let you know how heavy I’m into this I been on other websites reading article comments from a Carie directing people to educate themselves at livinglies and I wonder who that could be? Makes me laugh. Probably wouldn’t hurt to change the stage name up a bit.

    I think your in Calif. so if the lender starts playing the games the best I managed is the A.G. website directing you to the Department of Corps. Don’t know your case but they do open communications with the lender. But check in, my lender found ways to ignore me and them, so your case gets closed. Twice this happen. Last I heard, it got moved over to special investigation. But watch, I’m betting the case was closed again. Elisabeth Warren just said she doesn’t believe any investigation is getting done. Neither do I.

    Plus, if you haven’t got all copies of your signed originals and you closing agent who’s suppose to have them plays the I can’t find them paper shuffle over the phone then there’s the Dept. of Insurance. I regret to agree but the whole financial industry are all fraudsters.

    From the Fed, to the SEC, to the Investors everyone one of these lenders settle out of court admitting no guilt. Someone ought to make a list of every settle out of court case just to let everyone know how it works.

  30. Martha Raysik,

    Ah — those settlements. No admission — ceasing of investigation — and who benefits??? Not the victims – at least not as they should.

    INVESTIGATE — CONTINUE TO INVESTIGATE— INVESTIGATE — that is the government obligation.

  31. If you read the FDIC v. K.HOVNAIAN- just settled, you will see that American Home Mortgage, American Brokers conduit, and American Mortgage were all ALTER EGOS of THE BUILDERS.
    You need to put two and two together, but thats how the did the scams!

    I just found out about the American Home Mortgage, American Brokers conduit, and American Mortgage. had no idea it was related to KHAM until recently.

    HOVNANIAN
    PULTE
    KB,
    They shared the names like a junkie sharing needles.

  32. Marie,

    The Fed has information — and this “settlement” does not tell the whole story. Settlements?? Most often to block additional investigation. That is the name of the game.

    Insurance, insurance — and not just origination — many, many types of insurance. Mortgage title?? destroyed. .Victim homeowners — will never recover unless the truth is fully exposed.

    Neil is missing this. Neil, do not be so focused — branch out. Trees beyond the forest (or whatever the saying is).

    Neil — start digging — beyond the deep sea —

    Know not helping, Marie — But, all for now. Asking Neil for his help. Cannot understand why not. Hate to beat a dead horse myself — but investors (not security investors) are not the victims — they are the culprits. Money?? and who it goes to??? Lets go back to accounting BEFORE the bogus refinance.

    Neil – believe you are smarter than this.

  33. Steve—I like your last sentence…it’s a full time job trying to fight to expose THE GREATEST FRAUD OF ALL TIME. The fact that your “loan” was fraudulent at origination—right from the start—why would we want to modify and pay on fraudulent unsecured debt—when the fraudsters are the very entities that destroyed our country and made everyone jobless…So, if we DON”T FIGHT BACK—we are perpetuating the fraud…and they will never learn…and they will destroy the planet…Don’t believe me? Just look at the headlines…

  34. Anonymous where art thou

    Everywhere I read about mortgages that never made it to the trusts. Only a few seem to know that the loans were set to default pdq without transfer? I m having glimmers but still don’t quit get it.

    But it seems to me that as long as these transactions are described in terms of the trusts the landscape might as well be charted by blind men

    ???

  35. American Brokers Conduit/American Home Mortgage did the same thing. Soliman pointed this out two years ago in his link:

    http://borrowerclaims.blogspot.com/2009_08_02_archive.html

    The loan application is missing from closing documents. There’s a page in my docs. – Addendum B -Alta Policy.

    The following items are required Prior to Funding:

    1. Broker to provide final 1003. Signed by borrower and interviewer.

    This never happened. To prove it I had to get Dept. of Insurance to letter demand Title Co. closing agent to respond. I got a copy of loan app. signed 07/03/2006. The 1st day I went in for pre-approval. All closing docs signed 08/02/2006.

    All state and fed agencies were either not interested or past the buck. Heck, even Elisabeth Warren just recently said she even thinks there’s has not been an actual investigation.

    Everyone of these lenders got away with settlements admitting no guilt.

    Thank you once again Neil and Soliman for bringing this to light. Otherwise, I would of have played the modification game trying to hold onto to an Option-Arm designed to fail loan looking for a job in a system they crashed.

  36. Ever see the Clint Eastwood movie “Pale Rider” The township built a fake city and painted everything red. The bad guys rode in and found nothing. Now Clint is back in town, this time the bad guys live within Wall Street and the banks. So the bad guys built my neighborhood out of nothing. Wells Fargo and the builder were the joint venture. Their concept is sell a poorly constructed card board box (the façade), loan the home owner nothing, collect all the money and run without being reported as the robber.
    We need more state and federal judges to ask the question if these banksters and team of attorney feel lucky . Not so any more…
    .

  37. wait, usedkarguy—can you please list ALL of the causes of action you used? It would be helpful…thanks.

  38. i’m actually not messing with you today Martha – look up civil conspiracy. it’s a tort also and can help you tie the acts of some parties to the others. i think you’ll need it due to the forgery. the defense will go like this “i’m not liable because X forged her name, not me, so I haven’t wronged her”. look up intervening act as a defense. use the conspiracy to tie them all up together in it. this won’t be easy to do

    as always – watch out for the black helicopters…

  39. TN, its a tort, just a very rarely used one.
    As far as I can see they will claim I am not damaged, but they did interfere with my rights, as they foreclosed on it with a forged spousal release.

    Never mind the payments were “defaulted”
    Had I known, I could have made the payments, is my claim.
    Are you pulling my leg on calling this a “conspiracy”, what should I say, that the “freemasons” are behind all this.LOL.

    And the Recorders office is letting them create “Placeholders” with instrument numbers they append later. purposely not indexing the buyers names into the computer system.

    The HOA even knows, as the payments records would of course show no HOA payments coming in, and did they care? No sir-ree.

    I even went to the house of the subsequent “good faith buyer” who freaked out! and said three days ago. “NO! They LURED me into the scheme!”

  40. never heard of that tort Martha. you should add in conspiracy also and consider conversion. the intervening act of the forgery could be a problem as to other defendants unless you show it was part of the overall conspiracy

  41. godspeed usedkarguy. good luck

  42. this has been my life story for the last 3 and a half years. I did not give up. File your lawsuit with the proper causes of action, don’t let the statute of limitations lapse, and you, too, will obtain relief, now that the truth is out there.

    I think I’m done here. By all.

  43. Is anyone going to ask the question where is all the money that the Federal Reserve fined Wells Fargo going to?

    How about a FOIA to ask for all the documents pertaining to the investigation.

    How about the names of all the borrowers whose loans were audited!

    Who gets the money? What was the deception?

    Forensic Mortgage Audits and Foreclosure Defense
    Quiet Title Action
    Student Loans
    oliver@ipa.net
    john

  44. I forgot, The most important thing is damages. this is were ALL cases will fail in the pleading they will attempt to claim. My cause of action on this is not equitable- plead NOTHING equitable is my motto. I want a JURY!
    My cause of action in Torttious Interfence with Property.

  45. lets see… the banks PAYS… because there was NO wrong doing??
    They felt like paying …something!?
    we PROMISE not to fuk you guys anymore, unless your not looking,
    in which case “when I tell ya Norton…start fukin”.
    how preposterous..

  46. This is where my case comes in. Wells Fargo KNEW the builder HOVNANIAN was letting my husband buy multiple homes, of that would then fail the income test.
    They knew that the loans would default, as they knew the loans were being written up in a STRAW MAN SCAM of that the builders would make the payments for two months, and then tell my husband the renters backed out.

    The PROBLEM with these STRAW MAN LOANS BY WELLS FARGO and INDYMAC and HOVNANIAN WAS THAT all the SPOUSAL RELEASES were forged in the wives names, and the homes were being conveyed as SOLE AND SEPARATE PROPERTY.

    I might be just the first wife to say “Hold those horses on that coach there Wells”
    “You foreclosed on a home in my husbands name, but the spousal release of my name is forged!”

    I can identify SIX other homes in this HOVNANIAN development called Stetson Ranch, with straw men, all with WELLS FARGO involved. I also have identified the “indicators” of the scheme.

    1. All the homes are sold as sole and separate property.
    2. All the homes have a FAKE short sale for $455,000 about a year later.
    3. All the INSTRUMENT NUMBERS have little asterisks next to them.
    4. all the homes have the number “86” in a circle on the grant deeds.

    NOW MR G.MAN, are you listening?
    or did you already know?

    The number 86 was something I discovered, and could not figure out why it was popping up, but then i figured it out.

    86 means to hide something, and during Prohibition, when a raid was imminent, a cop on the take would call and warn the boss to ‘eighty-six it’: hide the booze and get the customers out. This lingo evolved into different industries, and in the loan industry it kept the meaning of “To hide it.”
    This is a code they have used in the scheme and ALL Documents and Deeds of Trust that show this “86” are part of the STRAW MAN SCHEME.

    I had my name forged, and they conveyed that home to someone else who also had no intention of living in it, to make it seem like they were Good Faith Buyers, but they were not.
    A forgery of the Spousal release = a wrongful foreclosure.
    I want my house back.

  47. Feds fine Wells Fargo. I cannot believe it. Feds always stand behind the banks unless they had an investment. The banks can do no wrong in the Government’s eyes.

  48. to Neil i understand they are fining banks to help the deficit but what about the homeowners how are they going to get helped. i was dfrauded by wells fargo at origination. appraisal fraud, falsifing my income ect. but i was out in a 30 year fixed. how can they distinguish that subprime homeowners were hurt but conventional were not. we were all frauded. new when i saw my appraisal there was no underwriting. and she increased my salary not by thousands but by 700$ just enough so i would not notice and i would be approve. now i know why i could not afford the house from day one. all i merely asked by sending my paycheck stubs was can i afford this house??? not i have to have this house , sir there were 2500 homes in my county for sale i am sure i could have found another home affordable to us. again all i did was ask. not knowing wells fargo needed signitures to fund these loans, wells fargo was in the office of the real estate agent. so we used them. on my mortgage and note is just wells fargo not the trust or investor whom actually loaned the money.

    so why is the rest of the home owners being included we have all been frauded by wells fargo. the subprime problem tanked they economy caused job loses and then the result are the people with the conventional mortgages can not pay. actually wells fargo told us not to pay. so i am not in default.

  49. Why would a bank robo sign. It’s all the same thing. Why make these distinctions

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