377 Responses

  1. Does anyone know if Wells Fargo participates in the hamp program. On my notice from chase my servicer: They denied my application for hamp told me the investor who is wells doesn’t participate. I thought they had to.

  2. This revealing video of a Wells Fargo victim just posted on VeteransToday.com :

    FDIC and Treasury Aided Wachovia Money Laundering, Murder of Judges, Maiming of Me
    ————————
    —-

  3. The latest (January 2014) case in AZ on the blog made me think that having some form by the feds as evidence to show that WF was most likely paid the first time they sold my home at trustee sale would be good. What does (or did) WF get in 2010 from feds, insurance, etc. (third party payment) for trustee sale after they refused my payment? I can’t find anything on TARP/Treasury site.

    They nullified NOD and “sale” to Freddie Mac in 2011, after I beat them in eviction court in 2010, only to refile the NOD this year. It is clear they must have kept all types of third party payments, because neither they, nor their lawyers would reverse the 1099-A they sent me in 2011 before they nullified NOD and trustee sale. When they sent 1099-A, I was making court-ordered payments to a bank account, but they refused to take them.

    What types of third party payments were feds making for each f/c/trustee sale to WF in July of 2010? Where is this information online, so I can include it as evidence?

    Thanks in advance!

  4. Ok, so I can’t find anything about that, but I’ll keep looking.. WE SENT 3 COMPLAINTS to the AG after WF put us on the HAMP program TWICE.. ours is a Second home WITH A SECOND HOME REVISION in the DEED of Trust clearly on the second page.. that eliminates us Immediatly from the HAMP.. Treasury says WF or Freddie most qualify us BEFORE placing us on the program.. we paid into it like we Qualified, putting us INTO default BY THEM.. We told WF they ignored it and Foreclosed anyway.. AG sent letters to WF and they DID nothing else.. WF responded ONLY BY ADMITTING THE MISTAKE?? Clearly stating they made the mistake? But that was it.. we still got foreclosed on BECAUSE we were in default 6 months because of it. and WF expected us to make up the difference of 12k for their mistake. AG did NOTHING!! and NO lawryer here thinks it was wrong??? hey mistakes happen they say? a 12k mistake .. HOW IN THE WORLD CAN THEY MAKE A MISTAKE LIKE THAT AND NOT BE LIABLE? I DON’T GET THAT? THEY CHANGED MY ORIGANIL CONTACT PAYMENT ARBITRAILY.. THE BS trial period I should have NEVER been put on? how is that NOT WRONG?? what the flyin F&$K is a contact for? if it can be broken that easy and have no issue? I’m a t a lose with these lawyers here..

  5. James, find your state statutes that set forth the powers and responsibilities of the AG. When the statute says “shall investigate any crimes that are statewide in nature” you have them. The next step is to file a Writ of Mandamus against the AG through the courts in your capitol, essentially suing the Governor and your state AG for dereliction of duty, or failure to discharge their duties under the statute.
    That will get their attention.

  6. As a realist, I do not believe that Wells Fargo, Office of the President, Mortgage Servicing, is any better than talking to the phone pole outside your garage. The only thing these people understand is litigation. I don’t know what claims you may have, but you may consider bankruptcy and an adversarial action within the BK if you have any claims. Or, file your BK and stretch them out as long as you can and save your dough. Selling everything you own to catch up will only provide a short-term fix. When this happens “next time”, you won’t HAVE anything to sell or take with you. I know, easy for me to say. I’ve been doing this for 6 years now. Wells has not given one inch, and now that their attorneys are charged with fraud and racketeering, they still don’t care. They fight to the end whether they’re right or wrong. Especially when they are in the wrong.

  7. Thank you all for your responses. I knew they were true crooks when they told me this past summer, and I quote, you were already given a bank mod ( which by the way the payment was higher than our original mtg ) and the Hamp 1 , your lucky we approved you for that most people don’t even get that , so your not going to get approved for hamp 2. Of course they didn’t record that conversation. This is in the president of Wells Fargo office now cuz I Had sent a long letter to our president ( one of my crazy moments when feeling hopeless ) the white House actually escalated it there. But the head of Wells Fargo office has led me down the worst path. Telling my husband don’t worry if we can’t get you into the hamp 2 , there are so many other options. And now they say, oh no , there are no other options .. Why would we do it for you and not someone else ??? Maybe cuz it’s the right thing and your finally getting a conscience … ( I didn’t say to them but I thought it ). So if you’re turned down by the top exec office, you know they are not willing to work with you and just want your house. They can get paid nice money between what they collected over the past from us, the foreclosure insurance they have on the property I read about on different forums , and investors willing to shell out bucks for these properties. It’s amazing. I just need a fresh start with the arrearages. I have a job interview on Wed morn. They actually requested to meet with me , so I’m hopeful that I can get a job back in my field ( which I have been in for 35+ yrs ). But the bank wants my house and doesn’t care that it’s not just a piece of property , it’s a home . A home where my children have and still are growing up. Where a family lives , loves , not too much lately… Laughs. The AG doesn’t care , the Gov doesn’t care. I called his office back in the summer told them I was going to end up living in Walmarts parking lot, they said ok be careful. He won’t get my vote for President. The White House was the only one to respond to me and sends follow ups. Maybe they have some extra rooms for rent ( a little humor ) . Anyway, I appreciate all the comments. I agree with all, and my heart goes out to those who have lost already and those who are in the midst of it all. If I won the big lottery I would make it my mission to help as many people as I could to stay in their homes. Perhaps someday I will figure out what the lesson was in all of this ..the past few yrs have been a nightmare for me and this is only part of it. At this point the only fight I have left is to sell everything I have collected , accumulated , and my children’s old toys n such , on eBay to try to raise the arrearages. Wish me luck cuz I believe that is truly the only hope we have left. Thanks again everyone. Lori

  8. THE AG’S WON’T EVEN STEP OUT OF THE WAY.. THEY ARE AS USELESS AS ANYTHING ELSE. NO MATTER HOW MANY COMPLAINTS YOU WRITE, THEY DO NOTHING. WHY DO WE EVEN HAVE THEM? WHY DO OUR HARD EARNED DOLLARS GO TO PAY FOR SUCH USELESS PEOPLE? YOU WOULD HAVE MORE ATTENTION PAID TO YOU IF YOU WERE A MASS MURDERER. THEY WOULD SPEND COUNTLESS HOURS TO FIGURE OUT WHY YOU DID SUCH A BAD THING, MILLIONS OF PEOPLE GET SCREWED AND NOTHING? NOTHING? MILLIONS OF AMERICAN CITIZENS, NOTHING. THEY KNOW THE BANKS ARE DOING IT! THE COURTS ARE FULL OF IT, I HAVE 3 YEARS LEFT TO FILE FOR THE BREACH OF CONTRACT AND I CAN’T GET A LAWYER WHO WANTS TO BOTHER WITH IT, THEY’LL TAKE YOUR MONEY BUT TELL YOU THE BANKS HAVE ALL THE MONEY, YOU CAN’T WIN? NICE!

  9. I’ve got news for you: the attorneys general think everything is just fine since the 49-state AG settlement. The WI AG’s office was SURPRISED to learn that the fraud is still ongoing. Assignments, affidavits, notes, all forged. “Really?” she says. They are clueless, or willfully blind.

  10. How about attorney general’s suing them for what the banks did to “US” and they get to collect the money because of our cases and we don’t get any of it or them help us???? They will “help” you by giving you up to 4000.00 only to go to….storage of your belongings, first last security deposit on something of an apartment (if you can afford apartments) or moving with a moving co they can get a 1090 form. You can only do those things. If you want to move yourself too bad they control it, and without your case they would not get anything. Think they will at least give you a job with that money???? Think again. We loose no matter what and no body cares. I started trying to get help in 2007, attorney general, legal services the free ones, senators, occ, banking commission… NO BODY CARED… We are the little dot……. I gave up.. I fought and fought even got a forensic and went down to broke and I still have to be out of my home by 1/31/14 and no where to go. Its not worth another penny

    Good luck

  11. lori, you can’t negotiate with terrorists. sue them.

  12. THERE AREN’T ENOUGH 4 LETTER WORDS TO SAY ABOUT WELLS FARGO. I ONLY HOPE BEFORE I DIE THEY GET WHAT’S COMING TO THEM. IMAGINE GETTING $300. FROM THE SETTLEMENT AND CALLING IT A FAIR DEAL? AFTER LOSING YOUR HOME TO CROOKS LIKE THAT WHO WILL LIE AND CHEAT HONEST PEOPLE. NOT ENOUGH 4 LETTER WORDS..

  13. Another denial on hamp 2. First we were at the affordability rate and did not qualify as such. When my husbands pt job ( within his company ) was terminated ( the whole extra $50 to $75 per week ) we reapplied. Now they say our debt to income makes us unable to afford the mortgage and we need to earn more income , but if we earn more income then we won’t be eligible because be will be at or over the affordability rate. There is no inbetween here. So … Our state no longer has a program which we didn’t qualify for anyway , and I can’t come up with the back payments. So do I become homeless and a burden to tax payers. I could go to a homeless shelter when they throw us out , but I have pets I have rescued and a daughter in highschool who might be bullied by this , and a son who will walk.away and hang his head in shame and forego and college in order to help out. Cuz I am not going to move into a bad neighborhood but seriously , I’m going to have more debt and problems as a result. I won’t be able to work living on the streets. Is this what is to become of the 50+ people who lost their jobs due to downsizing and can’t find a job , or are under employed and unable to get a break. I don’t want to lose my home and am going to sell everything I own to try to come up with the back payments. No one at that bank has been honest , no one can help me , and I refuse to die on the street and suck the life out of children and fellow tax payers. If u know any philanthropist willing to help ( heck im not that proud ) send them my way. Thanks for listening. Lori

  14. This message is for Lori, the one that can’t get a modification. Call your attorney general. They got a lot of money from the banks when they won their case of illegal foreclosures. We got nothing even though they got the money cause of people like us. (By the time this happen, the say they could not help) but they should be able to help you. They took the money for attorneys, people to help with a total of 4,000 but a lot of bull to make you not try to get it. Call the AG and fight to get help.

    Good luck

  15. To the lady that wrote to me and anyone else considering PAYING to join a class action suit: DON’T DO IT!

  16. James
    As I told you over the phone and for the benefit of others. I was able to offer Wells Fargo $7500 for payment in full on a delinquent second mortgage of some $35,000.00
    Good luck
    Stanley Putra

  17. Does anyone know how Carbonite made out. I wish I could have helped her in some way. That is very sad, especially since it did not have to go that way with her. I think they know who they can push the limits and take advantage of and when they see the opportunity they pounce on it. So sad.

  18. I would love to see copies of the modification documents

    James A. Smith 443-677-2799

    >

  19. Can someone here help me out. I am having the same problems with WF and getting closer to Foreclosure. Can someone guide me in the right direction, maybe and attorney. What is the significance of the documents with Julie Ann Prieto on them. I have the same documents signed back in Sept 2011. Sounds like others have uncovered a great deal. My email is jsmith5915@msn.com or you can call me at 443-677-2799. Thanks James Smith

  20. Wells Fargo Dismissed with Prejudice
    thanks to Donna for getting this to me. You’re the best!

    Reed Peterson pounds one nail in the coffin at a time.

    http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=102125

  21. Help .. I have been turned down for the Hamp 2 mortgage appeal on the same reasons I was initially denied the Hamp 2. Affordability. Which is not true since there was a change in circumstances in the our monthly income and we sent 3 or 4 paystubs plus a letter from my husbands employer stating he was cutting off the part time additional work as of 8/1/2013. My husbands salary went way down and we sent in the proof – along with the NPV evaluation form that proved we were way qualified for – and not at the affordability line they said we were at. In addition, when I spoke with our rep, who was less than helpful, he said well you got a mod from Wells Fargo years ago ( that was not even a mod – it was more money than our original mortgage) and a Hamp 1 which is more than most people so you probably wont get the Hamp 2. He bascially said that since I didnt do well with the other two and I was lucky enough to get them, it was doubtful I would get the Hamp 2. He immediately started trying to sell me on Short Selling my home. I am unemployed and searching for a job … The job market is just starting to bounce back a little in New Jersey but it is taking its time in the Insurance Industry (P&C) which I have been employed in for over 30 years. I am going to be homeless with my family and pets – will have to go live in my car .. I am not sure what to do next – I am 7 months behind, and do not have the money to catch up. My unemployment ran out, plus I am not the bread winner in our home, so the forebearance thing is out. I just need to get these payments to the back of the mortgage and start paying fresh … how do I get the bank to stop these lies and nonsense. Who can I turn to? My state has the hardest hit funds, but our mortgage is over the limit of what they have capped it at. Any suggestions ? Should I hire an attorney or is it too late for that ? Thanks .. Lori

  22. If any one would like copies of my loan modification documents that were fraudulently issued to me from Wells Fargo, I have copies. This was pre-foreclosure, my case ended and it has now been 1.5 years and nothing has or is happening. I have copies of a lot of things, including a file of documents that show the referral from the bank to the trustee foreclosure attorney and the real dollar amounts they make. Some things are redacted. BUT, I do have some things of interest for sure.

  23. BEANS: Got the google alert yesterday after the close of the news cycle.
    ALL: There is your cause of action. It can’t be denied. HAMP is NOT a settlement, either, when it is procured by fraud and extortion.
    Throw in Glaski, and if you have an unrecorded mortgage and fraudulent assignments post-closing-date, the door is closing quickly on the banks. I know, California, I know, but you can certainly cite to it wherever you live.
    It is interesting to note that the most common defense of bank attorneys to the court nowadays is that “You’re Honor, this will affect thousands of foreclosures already completed! A ruling for the homeowner here would create chaos and another flood of litigation!”
    Tough break, huh? But this is the situation the banks put themselves in. Knowingly, willfully, and without regard for every other party involved who would suffer a loss: borrower, investor, insurer, counterparty, etc.

    And do not expect a call from any bank attorney looking to “settle”, They will fight to the end. And you can also move to disqualify the bank attorneys who submit the forged documents. Crime/fraud exception.
    As for jumping into a class-action, you have to make that decision, I, personally, will choose to continue independently.

    I slept better last night after getting that google alert.

    As the gravatar denotes (I hate that word-it’s so “new agey”), I am not an attorney, do not dispense legal advice, but I sure as hell have a lot of opinions on this subject!

  24. I need a lawyer in Wi. and Fla. I can’t get anyone to respond in Garfield’s Fl. office.
    Does anyone know about a mortgage by Wells Fargo that requires a $50K draw at closing?
    Stanley Putra
    Racine, Wi.

  25. All Wells Fargo they specialize in delaying. They are specialist in this field. They also have Mr Stumpf behind them all the way, that pay lots of money to….delay, and, more delays. They then hire a group of people that they title, “Home Preservation Specialist of Wells Fargo”. I do snicker at this as, they are trained well in this job. Mr Stumpf might of even led the training of this group of people himself. They continue to make lots of money on me, having me fill out my paperwork saying they care about me and my sick husband. While they have me fill out paperwork on top of paperwork, that goes somewhere..possibly even to the same place as my orginial note. However, nothing gets done or accomplished. They do however make a bundle on sending to the Obama act to get paid for submitting and creating this phasage that, they are helping me. Up to the hour before my auction is to take place, and inbetween meetings at work …. I try to find some comfort in hope, while at the same time thinking, how am I going to move my sick husband who is on oxygen fulltime if it is not stopped? How am I going to tell him that we lost everything we invested our life into. They cannot say, your auction has been postponed. “We are not able to confirm, however it might have been”. What Mr Stumpf fails to understand, or aknoweledge is, we are customers who have been wronged by their very own system. I have had my loan for 20 years and never been late, however just very unfortuanate to have been led down the wrong path by one of these,,,so called specialist, and right into well… what the notice is referred to as, default. Now, how did I go from paying on time for 20 years to ….default in one phone call with a WF representative? They are very good at their jobs.
    I called and asked them if I could make my payments with copies of $100.00 bills. I mean, that is what they have … is a copy of my note. They told me when asked for it to be presented, they are not required to do so, and a copy is all they need to provide me for documentation. And, they could not however take copies of $100.00 bills from me.

    Long short of it is, my auction is on Friday 6/28/13 and I do not know if it has been stopped and they..WF cannot tell me.
    Best to you all,

    House/2013/Mers/Fraud/Errors on my loan/could of quailifeds for a lower rate of loan without default insurance on my loan due to my credit score. However, they placed me on the more expensive one with default insurance. Now,due to all this foreclosure… my credit is so bad I probably could not by a toaster.

  26. guys, gals, Multi=Level=Mom
    First, some words of encouragement. It’s a Davis vs. Goliath kind of battle that takes a high level of intestinal fortitude. Everybody suffers: mom, dad, the kids, but you have to accept that the battle for many is being waged by the very few. If anybody wants a copy of the fraud suit I filed POST-FORECLOSURE AND POST MODIFICATION, e=mail me. You can’t really do it alone. Keep contacting attorneys until you find one that is good and pissed off because he KNOWS the banks are stealing these houses. I interviewed twenty attorneys, paid and fired two, and was blessed to find the one I have now. Could not get where I am without her. Don’t kid yourself thinking you can do it. successes are rare.
    TIRED: we all are. Five years of litigating and researching to find the answer to this riddle wrapped in a conundrum surrounded by an enigma, plus three years dealing with criminal servicing and debt collection, intimidation, lies, and fraud. I was ready for them when they came. Lucky me. Many are not. If I can help with any questions, write me: usedkarguy@yahoo.com. send a phone number.
    The judges are (generally) pulling rulings out of their collective asses to protect banks and their retirement plans. Only a few concerned jurists have come forward with the groundbreaking logical decisions enforcing the REMIC trust laws and governing documents. MERS can flip or fly either way depending on the state, and that issue is soon to be taken up in Wisconsin by my counsel.
    The procedural railroading of homeowners in civil courts battling a criminal conspiracy and racketeering operation conducted by banks and foreclosure firms is a tough battle in a civil court. Judges taking notice of unauthenticated documents and summarily dismissing homeowner claims without evidentiary hearings is a constitutional violation.
    and finally, do NOT begrudge the attorney who tells you this is a $10-20-25 thousand case. They certainly can turn into these kinds of legal extravaganzas. The banks work to tire out your attorney, torture you, and hope you give up. This is a psychological battle as much as a legal and financial one. Call their bluff. Force them to foreclose. file a bankruptcy. Go Chapter 7 and convert to a Chapter 13 five weeks later and watch them twist in the wind. Check your county records for ALL the filings against your property. DO YOUR HOMEWORK, DUMMY! No “deed in lieu” for you FUCKERS! Come and get me!

  27. It’s not actually true you can’t fight WF. You just have to know how to fight them properly.

  28. No point in fighting Wells Fargo. You can show proof upon proof and it really does not matter. They will always win. Well I guess as I do not have a mortgage anymore I will spend every extra dime I have bringing them down. I have phone records, a robo signer on assignment, no paper trail of mortgage for 3 years, yet I am the one lying. Whatever Wells Fargo.. Watch out here I come!

  29. A recorded substitution of trustee after WT Capitol r”Trustee”refused. James Wood loan agent.signed as “jvp” daisy ngottie loan agent as” notary ”
    Wlin maricopa county Wells Fargo business. Direct AZ and SF. This was the last of every instance of fraud start to finish. Bi

  30. A federal appellate court ruled that Wells Fargo Bank must face a Massachusetts consumer protection law claim that entails possible triple damages, plus additional claims, for its conduct toward a homeowner under a federal loan modification program.

  31. FATAL BREAKS IN THE CHAIN!!

    this is a new class certification re: Wells Fargo serving as trustee of the Carrington Mortgage Loan Trust Series 2006-NC3. All loans originated by New Century Mortgage.

    http://www.scribd.com/doc/139269861/Class-Certification-against-New-Century-Mortgage-and-Wells-Fargo-Mortgage-as-trustee-for-Carrrington-Mortgage-Loan-Trust-and-Tom-Croft-May-2013

  32. A WELLS FARGO CELEBRATION:

  33. @carbonnite; finding a qualified attorney is a job in itself. $1000-$1500 down, 800-1000 per month, plus the filing fees and expenses, this is what it costs. These are lenghty, costly battles. If the attorney can keep a roof over your head, you’re winning. If you cannot afford to fight with counsel on your side, you should start reading and start saving your money. file your answer with counterclaims, and hold on tight.

  34. okay everybody, it’s time to put up or shut up. As you SHOULD know, Joan Mills, rubber-stamp endorser without authority, as supported by the Kennerty deposition in “Geline v. Northwest Trustee Services”, has appeared on many notes. Everybody contesting the notes or mortgages on standing in a Wells Fargo directed foreclosure by any named plaintiff (HSBC, US Bank, or any other prior endorsee/endorser) with a Joan M. Mills note:

    Send money orders/checks for any reasonable amount, blank payee or cash, to:

    22311 121st Street
    Bristol, WI 53104

    funds will forwarded to attorney trust account

  35. Loosing The American Dream
    Correction……
    There are many people who say they can help for 1000.00’s of dollars with no guarantees. It always comes down with submitting paperwork every 60 days, putting me further behind and no real valid reason of denial.

  36. Loosing the American Dream 2013
    Thank you for your comment. Are you indicating the bank is foreclosing wrongfully? If the answer is yes. Who can assist? There are so many people out there that day they can help, however wanting 1000.00 of dollars in the process within guarantees. I would like to file injunction, but need help. I am coming up to the sale date of April 5..It maybe that I loose my home. My husband and I are tired of fighting a lost cause. It seems.the banks direction and intentions were fasle at the beginning.
    We do not want to loose our home, but there us time to say goodbye

  37. and that testimony also references a Joan Mills endorsement.

  38. since we’re gong back in time……..I recall the depostion of H. John Kennerty in Geline v. Northwest Trustee Services. Somewhere around pages 48-52 he states that THE FORECLOSING ATTORNEY REQUESTS THE DOCUMENTS NEEDED TO FORECLOSE. Wells doesn’t have anything done relating to the securitization documents. Nothing is endorsed or transferred.
    That makes it a secured borrowing.

  39. Loosing the American Dream 2013

    They (WF) tell me at Mediation to resend in paperwork. Then at the Mediation they stated prior to this I was missing paperwork. However the attorney at that time stated, this document was never requested before so how is my client to know that is something they needed to send in? This was a new document requested at the Mediation. The bank said, your denied. I had to call and asked if I was denied or approved. They then were so kind to send me the response, Denied. I asked for what with Green Path on the phone. They stated, because you failed to send in paperwork. Really? I sent in all the documentation, paperwork etc. The Mediator found I was doing what the Bank had asked. Unfortunately, they (WF) caused further delays in requesting more paperwork again and utimately putting me further behind. My hope is they approve my loan so my husband can have some peace. This has been so hard on him. I lived their 20 years and always paid on time. They put me in harms way and are not willing to own up to their mistake.
    What kind of loan would this qualify me for? An error by the bank loan?

    The bank has so much money and help with bail outs it would be so nice if they would just fix my loan..me the little people.

  40. Looosing the American Dream 2013-
    This case is in Washington


  41. WELLS FARGO MASSIVE FORECLOSURE FRAUD TESTIMONY CONCEALED FOR 3 YEARS, BY U.S. CONGRESS:

    http://financialservices.house.gov/media/file/hearings/111/alan_jones111810.pdf

    Where is that case ??

  42. Loosing the American Dream 2013.

    I am still in my home with a current Sell date set for April 5, 2013.
    I went to Mediation in Sept 2012 with an Attorney.
    The Mediator found that both parties were doing what we where supposed to be doing. However, I still do not have an answer on my home?

    They (Wells Fargo) still has not provided the GOP as required by the Mediator, and Wells Fargo continues to Dual Tracking my loan.

    My husband in the meantime has been hosptialized again for urgent care and now is on Oxygen fulltime.
    They tell me that they are helping me, however if they really wanted to help me they would of fixed my loan that they made the error on that put me in harms way at the beginning. Now, I am behind and I was not when I called in to seek help. They told me I needed to be behind on my mortgage to qualify for a Modification. They told me I would be approved for a HAMP loan. and then 6 months later said, I was denied. I needed to pay back all the back fees accumilated plus interest. They have not provided me proof of the allonged wet note, orginial, and said in this state a copy is all they need to provide me. I just want my loan fixed so my husband can have some peace. Is there anyone out there with advice? An Attorney wants $5000.00 retainer fees and $350.00 an hour. Who has that money? Is there really any assistance from Obama Act for my case? Where are these funds? Why am I not eligible? All I get is, you did not return this paperwork and your denied. However, I send it every 60 days……….


  43. WELLS FARGO MASSIVE FORECLOSURE FRAUD TESTIMONY CONCEALED FOR 3 YEARS, BY U.S. CONGRESS:

    http://financialservices.house.gov/media/file/hearings/111/alan_jones111810.pdf

  44. I have been living in my house for twenty years. My assignment was handled my Mers. Dual tracking has been done on my loan.
    I have been trying to get my loan redone do to the customer service rep at Well Fargo advising me on Mortgage less and.regulation that put me and.my family in harms way.
    First…they told me I was eligible for.ag Modification
    I was not behind on my loan. To qualify I needed to be behind in my payments. I called to day I was going to make my payment asst the end of the months instead of the first so I could pick up my husbands meds. I was not behind ever and lived they 20 years. Now they accumulated interest and back Amy owing, while yelling me to send in paperwork Egbert 60 days. I have s sell date of 4/5/13. Question: What can I do? Nightstand.is very sick on oxygen fulltime.

  45. @MY and Mass Resident,
    PLEASE, PLEASE, PLEASE… respond to this message or contact me at theglobalnewsandviews@gmail.com
    Julie Ann Prieto, is the notary on my fraudulently signed Wells Fargo, MERS assignment in Washington State in Aug of 2011.
    Im trying to get my complaint written before my sale date of Feb 15. I need all the info I can get on this.

    Teri

  46. Wells Fargo Asset Securities Corp [ formerly Norwest Asset Securities Corp ]

    released on Friday, 8/10/12, a 3-document, 62-page ‘ABS-15G’

    Asset-Backed Securities Report — Section 15G

    for the period ended Saturday, 6/30/12

    filed as of Friday, 8/10 /12

    how can i get this info ?

  47. you need to file a motion to vacate for excusable neglect (is that right, counselors?) and retain local counsel. get your case together. it’s up to you now.

  48. massresident
    PLEASE send me the doozy you found with those robosigners from your assignment and or research, my Wells papers have those same names printed , Julie and Ryan. I am working with an attorney now and any evidence I gather would help my foreclosure case.laucaw@gmail.com

  49. I have been fighting wells Fargo for over 3 years. I hired an attorney named Dale Wiley (foreclosure law, llc). he is in Missouri and was collecting my money, was suppose to hire an attorney to work with in Massachusetts cause he was not licensed in Massachusetts.
    he screwed me royally. I had a court date that wells Fargo attorney sent the papers to my so called attorney. he did not show up. in between this I was dealing with my husband’ s cancer. he died 8/23/12. on August 3rd I get a sheriff’ at my door telling me I had 3 days to be out. I called the attorney Dale and his comment is, “I got 6 months.) wells Fargo won on Dale not showing up in court. he was told and hinted by the judge the one time he showed in court was said to file in superior court.
    he didn’t represent me like he was suppose to by law.
    any suggestions on what I can do???????

    remember do not hire foreclosure law, llc
    I also had a contract (pay 2500.00 rest on a congentency bases.

    can anyone help??????

  50. oops, that was old.

  51. WRONG: MERS won in MN. Better check yer fax.

  52. I’ll betcha these are all Wells Accounts.

  53. abby, had that conversation about a client code #708-kind of like a prefix to the loan number. these will refer to the holder of the certificates, the undisclosed holder-in-due-course. that is the mystery. let’s take my 708 code. subordinated certs in this series have CDS in ML1, from who know’s who?=Citi (Sec.Under.Seller)BearShit(CounterpartytoCDS), but that listing is only a partial. Bond insurer Triad. That cert matches a WF1999 Trust. other is in WFHET 05-2. email me with a number.

  54. ABBY IN CA – I can’t answer your question re: client codes, but if this is your property and the property is NOT abandoned, if I were you I would file a Notice of Non-Abandonment with the County Recorder ASAP. This is one of those tricks the banks use to try to prove they have an interest in the property.

    We’ve seen WF do all kinds of things … from notices such as this one to actually calling the Home Owner’s Insurance Company and claiming the property is abandoned and requesting the homeowner be removed from the policy!

  55. Need some help with this. Does anybody know what the Wells Fargo client codes equate to? such as on recorded satisfaction of mortgages it will state recording requested by ‘WF936′ Wells Fargo Home Mortgage. or ‘WF936′ Wells Fargo Home Mortgage…
    I need to know what the code numbers equate to—-

    review this document on wells fargo letterhead and towards the end they mention client codes….

    Thanks

    http://www.scribd.com/doc/118350466/WELLS-FARGO-CLIENT-CODE-NUMBERS-ON-LETTERHEAD

  56. Dear Mass.,
    Please email about your doozy, those robosigners are on assignment of mortgage, thank you wells fargo for dual tracking my loan=lcawthorn@live.com

  57. @MY I have been looking into that name and three other’s… a bunch of assignments came out in fall of 2011. Notaries: Matthew F Ryan Julie Ann Prieto Robert W Caruso Angela Marie Williams…This just adds to what you found, and yay for you/us. Good info. I would love to “talk” to you off screen. I don’t want to post anything here yet on what I found, but it’s a doozy. And it’s way worse than what you found. I think with what you found and what I found, we could ‘burn down the house”. :)

  58. Hello, Does anybody have any lawsuits that have been WON because of Wells Fargo’s actual MISTAKES? We need to know for our lawsuit..Here’s an Example: The HAMP program is for principal HOME owners according to FreddieMAC guidelines.. Wells Fargo placed us on the program TWICE and collected payments on our 2nd HOME.. Completely ignored or didn’t bother to check the guidelines. We ofcoarse LOST our home to foreclosure after MONTHS of making payments for NOTHING to be told OOPS! that was a mistake. Please send me any info, we THANK you much. and if you know of a Lawyer who might know this kind of case we are in Arizona.

  59. WELLS FARGO: If you have an Assignment of Mortgage from wells fargo trying to become your lender to foreclose, see if MERS INC. is the nominee and see if it is signed and notarized in the State of Minnesota, WHY? because MERS Inc does not exist in the state of Minnesota their licensed expired in 2009, and has not renew their license to conduct business in that state. In order to conduct a business you need a license no matter what state. Mers Inc does NOT have a business license in the state of Minnesota, check Minnesota Secretary of State. For any business you want to know if there is a legal business go to their Secretary of State website and do your search, it will tell you the date started and date expired. I was in court with wells fargo they wanted to foreclose, I am still in the process of fighting, they are not my lenders or the owner of my loan. Mers Inc permits any company to assign a title to anyone of their employees to sign the Assignment of Mortgage as Mers Inc.. I have went to Mers.org and study their manual, my Assignment of Mortgage had so many things wrong with it, not only that Mers Inc does not have a business license in Minnesota, but also with the notary Angela Marie Williams there are so many of her signatures out there, I found her different signatures in different states and they are all different. I did a search on Minnesota Notary for Angela Marie Williams and to my surprise she lives in a Condo own by Wells Fargo paid in full. Go to Minnesota notary website and check for yourself. Be thorough with the Assignment of Mortgage, check websites, check signatures, etc…

  60. Peter, it’s headed your way via e-mail. The links are there. Print all three of those documents in the filing. One is the filing, one is the “notes”, and then the trust schedules that show, well, that they’re all paid off.

  61. @ usedkarguy

    Okay, I’m usually good at finding stuff, but where did you find it? The only reports I can find are for individual trusts and not a source to purchase the document you’re referring to. We’ve been in touch by email before, but I can’t find your email address. :-( I’m Peter if you have email address still.

  62. All you Wells Fargo types: get these documents and print them down. It will be the best $20 you ever spent. It shows all the loan trusts with $0 balances.
    Have a nice day.

    Wells Fargo Asset Securities Corp [ formerly Norwest Asset Securities Corp ]

    released on Friday, 8/10/12, a 3-document, 62-page ‘ABS-15G’

    Asset-Backed Securities Report — Section 15G

    for the period ended Saturday, 6/30/12

    filed as of Friday, 8/10/12
    ______________________

  63. Not sure what to do. I’m having problems with ASC, sounds to me like a lot of you guys are in the same situation. Back in 2005 I got behind on my mortgage with ASC and when I called them to get caught up they said they would work a payment plan out with me so I sent them the paperwork they needed and they told me I should hear something in a couple months well they lied every time I called I was told it was still be looked at. I sent them payments but they refused them and sent them back and that they are still working on my payment plan. I never received anything in the mail or received any phones calls from them I called them at least once a week. Then in 2006 my neighbor saw that my house was in the paper for a sheriff sale, which was news to me so I called ASC to find out what was going on and they informed me that they were forceclosing on my house, but I thought they were working on a payment plan with me. The only way I saved them from taking my house was filing bankruptcy. So I filed Chapter 13 know that I owed them the money, but I was having the courts force them to take my payments. I thought this was all over and done with until I found out in April 2012 that they charged my loan off. Which I didn’t know until I tried to get my house refied and was asked about the charge off so I looked at my credit report to find out what was going on. I filed a complaint with the Ohio State Attorney’s office who forwarded it to the Consumer Financial Protection Office, who is looking into the matter. After I filed bankruptcy I made my payments on time now we’re making double payments to hurry up and pay these people off, but they won’t fix my credit because they say they don’t own the loan a private investor does. Well I want to know who this private investor is so I disputed the claim from ASC saying that they won’t fix my credit. I want to know who owns my loan and what I need to do to get rid of them. I’m trying to refi so I can get rid of them. They never sent us any paperwork and played stall tactics on us. I think this is wrong and our government needs to stop this big bank practice this is wrong. They get bailed out when they’re in trouble but when we ask for help we get scammed. If anyone can help me out that would be great. Thanks.

  64. To “looking for Julie Ann Prieto:.. check out my response on here dated Dec. 2011. Tedious work, but I went through random counties in MA, FLA, and Georgia registries and looked at all “assignments” from Wells Fargo. It is tedious work, but you will find what you are looking for. I thinnk this Stephanie woman is a newer signer, I did see that name recently. Google them too. The real proof though is in the land registries. What I can tell you that she is a mobile notary from info I found on the web, and her notary duties are for LPS and Wells. Is she actually employed by either? I don’t know. Some registires let you print them out for free, some don’t. I did pay some money to get what I needed. Note: I am not a lawyer or giving out legal advice, or accusing these people of anything. Everything I found is public record.

  65. DepotFlix said: Anybody have any info on a notary named Julie Ann Prieto who operates out of Minnesota or a “MERS Certifying Officer” named Stephanie Tautges, also out of MN?

    No, but it doesn’t matter. There are no “MERS Certifying Officers.” That’s what you need to attack. They simply don’t exist. The banks can’t prove that the person they claim is certified to robosign any docs actually HAS the authority.

    Please also consider joining our organization, http://afnetwork.org

  66. negative. Put some postings on “foreclosure fraud”, “whatsignature”, “loansafe”, and see if anyone else has something. Best way to get info.

  67. Anybody have any info on a notary named Julie Ann Prieto who operates out of Minnesota or a “MERS Certifying Officer” named Stephanie Tautges, also out of MN?

  68. Wells Fargo Loses Bid to Dismiss Homeowner Suit
    By CHRIS MARSHALL of Courthouse News Service

    SAN FRANCISCO (CN) – A federal judge dismissed part of a class action accusing Wells Fargo of offering temporary loan modifications without the intention of ever making the modifications permanent.
    U.S. Magistrate Joseph Spero found the class failed to state a claim for breach of contract or debt collection violations while allowing unfair competition claims to remain. Spero also gave the class leave to amend the complaint to allege damages from the bank’s alleged contract breach.
    Lead plaintiffs Vicki and Richard Sutcliffe claim Wells Fargo offered them a temporary home loan modification after they fell behind on their mortgage payments. The Sutcliffes made the required reduced payments but did not receive paperwork for a loan modification at the end of the trial period. Instead Wells Fargo sent paperwork indicating the loan was in default and another letter stating it was not going to permanently modify their loan. Over a month later Wells Fargo sent another letter offering them a “Special Forbearance Plan,” under which they would make more reduced payments. Plaintiffs made the payments, only to be sent another letter again stating the loan was in default. The bank returned one payment and told the Sutcliffes not to make any more. Soon after they received a letter from a law firm indicating they had been retained by Wells Fargo to initiate foreclosure proceedings. Plaintiffs asked Wells Fargo again to reconsider the loan modification. The bank responded by putting them on another forbearance plan. Plaintiffs accepted the offer and began making payments. They soon received another letter saying the property would be sold at a trustee’s sale.
    Plaintiffs filed suit on behalf of “all homeowners nationwide who received a trial loan modification proposal substantially similar to the TPP (Home Affordable Modification Program Trial Period) from any of the Defendants; made the payments set forth in the proposal; provided true information with respect to all representations required by the proposal; and were either (a) denied a permanent loan modification; (b) offered an illusory ‘modification’ on terms substantially similar to their unmodified loan; and/or (c) who received, entered into, and complied with the above described Forbearance Plans from Wells Fargo, consisting of the Offer Letter and Agreement, in substantially the same form(s) presented to Plaintiffs.”
    Plaintiffs accuse Wells Fargo of unfair competition, breach of contract and bad faith. Claims for rescission and restitution were rendered moot when the Sutcliffes recently accepted a permanent loan modification from Wells Fargo, according to the ruling.
    The court rejected Wells Fargo’s argument that the other claims were not ripe, finding their claims “turn on conduct that had already occurred at the time the action was filed, namely, Wells Fargo’s failure to offer them a permanent modification after Plaintiffs allegedly complied with all requirements of the TPP.”
    The court also noted that “the allegations were sufficient to show that denying judicial consideration would have imposed significant hardship on Plaintiffs because they had received notices that they were in default on their loan and that their file had been passed on to Wells Fargo’s counsel to initiate foreclosure proceedings.”
    Spero similarly refuted Wells Fargo’s argument that by offering a permanent modification, all plaintiffs’ claims are moot. According to the ruling, “claims that are related to a foreclosure but which are based on alleged wrongful conduct that goes beyond the wrongful foreclosure are not necessarily rendered moot where the foreclosure is vacated… The Court finds that is the case here because Plaintiffs’ claims are based on Wells Fargo’s alleged unfair and deceptive conduct in connection with the two forbearance offers and the TPP and not on wrongful conduct committed in foreclosure proceedings.”
    The court found Wells Fargo’s assertion that the relevant conduct in the case did not occur in California to be a factual question that may be suitable at summary judgment but does not support dismissal. Wells Fargo had tried to have plaintiffs’ allegations under California’s unfair competition law tossed on the grounds that the conduct did not occur in California.
    Concluding that the public would likely be deceived by communications from Wells Fargo that claim the borrower would be offered a modification if the borrower complied with the terms of the TPP and forbearance the court found the allegations sufficient to hold up at this stage of the litigation.
    While noting disagreements among courts about whether an enforceable contract was created when the TPP was sent to plaintiffs Spero ultimately found it was, at least for the purposes of surviving a motion to dismiss, rejecting multiple arguments by Wells Fargo, including that the TPP could not create an enforceable contract because it did not set forth the terms of repayment that would apply to the modified loan.
    According to the ruling, “As the court explained in (Wigod v. Wells Fargo Bank), while the TPP did not set forth the specific terms of repayment, Wells Fargo was required to offer a modification that was consistent with HAMP (Home Affordable Modification Program) guidelines and therefore, the agreement did not give Wells Fargo unlimited discretion as to the repayment terms… Because Wells Fargo was required to comply with HAMP guidelines in determining the terms of repayment under a modification agreement, the Court concludes, at least at the pleading stage, that the terms of the TPP are sufficiently definite to support the existence of a contract.”
    And since plaintiffs were required to submit financial documents not required under the original loan and agreed to go to credit counseling they adequately alleged consideration to survive a motion to dismiss.
    Spero did end up dismissing the claim for breach of contract, however, agreeing with the bank that the only alleged damages are the reduced payments made under the TPP and these payments do not constitute damages because plaintiffs had a pre-existing duty to make payments on their loan.
    The court gave leave to amend that part of the complaint, however, noting that plaintiffs represented at oral argument that they could allege other types of damages, including adverse credit consequences in an increase in the principal amount owed on the loan.

  69. MassResident said: Check your state laws regarding filing invalid/fraudulent docs on the land records… especially backdated, effective dated,” corrected ” assignments etc.

    ————————————————————

    Anyone in PA who needs these laws, I have them. Write to me at wendy@afnetwork.org. And in the meantime, check out http://afnetwork.org and consider joining. We share knowledge and resources and are looking for people anywhere in the country.

  70. there actually was a case named “Fugazy”

  71. Check your state laws regarding filing invalid/fraudulent docs on the land records… especially backdated, effective dated,” corrected ” assignments etc. fugazy… that gave me a chuckle….

  72. short update: check your county records. Wells has filed two assignments of mortgage post-foreclosure, and a mystery version with…….
    further evidence that robo-hobo fugazy documents are still being generated to steal these homes.

  73. Its like you learn my thoughts! You appear to know a lot about this, such as you wrote the ebook in it or something. I think that you can do with a few percent to force the message house a little bit, but instead of that, that is magnificent blog. A fantastic read. I’ll definitely be back.

  74. 2 Pirates Over 40 –

    I apologize if this gets posted twice ….

    You should be able to go to your court house and pull assignments signed by her. If your assignment was filed in your court house, there should be others. My understanding is it’s not that difficult to find them. We have over 30 posted on our site (http://afnetwork.org) for Judith T. Romano … most of them coming from one guy who went to his own court house and searched the records. They should be able to advise you how to do it.

    Just a thought.

  75. 2 Pirates Over 40 –

    You should be able to go to your court house and search for assignments signed by her. If yours was filed in your court house, there have to be others.

    Just a thought.

  76. 2 Pirates Over 40,
    I’m still looking for any affidavits signed by Dianne J.Proulx for Wells Fargo usually out of Hennepin County, Minnesota. She is now the replacement signer for Herman John Kennerty, and they are replacing documents signed by him with her signature now , usually called re-affirmed affidavits. I know there are docs out there with her signature on it, I have received one out of Duval Co.,FL. Come on people help me out here, there has to be be more than just 2 docs floating around with her signature on it.
    If anyone has her signature on docs, I would like to have a copy as well. You can e-mail me at stythomas@yahoo.com
    Thanks,
    2 Pirates Over 40

  77. See this decision on LEAGLE:

    WELLS FARGO BANK, NA v. deBREE

    2012 ME 34

    WELLS FARGO BANK, NA
    v.
    DAVID E. deBREE et al.

    Docket: Cum-11-337.

    Supreme Judicial Court of Maine.

    Argued: February 16, 2012.

    Decided: March 13, 2012.

    William L. Vickerson, Esq., Portland, for appellants David E. deBree and Lee Anne deBree.
    Mark A. Darling, Esq., Litchfield Cavo, LLP, Lynnfield, Massachusetts, for appellee Wells Fargo Bank, NA.
    Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

  78. HOLD ON THERE PARTNER!! INVESTORS THREATENING TO SUE OVER THE AG SETTLEMENT WITH BIG BANKS. THEY SAY THEY HAD NOTHING TO DO WITH THE ROBO-SIGNING SO WHY SHOULD THEY PAY!!

    SHORT VIDEO CLIP TOO

    http://www.scribd.com/doc/86174586/INVESTORS-THREATENING-TO-SUE-WE-DID-NOT-DO-ROBO-SIGNING-SO-WHY-SHOULD-WE-PAY-RE-THE-AG-BIG-BANK-25-BILLION-SETTLEMENT

  79. PROPOSED CIT AND WELLS FARGO CONSENT JUDGMENTS IN AG SETTLEMENT FILED MARCH 2012 IN FEDERAL COURT

    http://www.scribd.com/doc/85084966/AG-SETTLEMENT-PROPOSED-CITI-AND-WELLS-FARGO-CONSENT-JUDGMENTS-FILED-IN-FEDERAL-COURT-MARCH-2012

  80. AlvieC – Not having that problem on my end.

  81. Hi everyone,

    Is there an issue with this website or is it just the “post comment” is being hit multiple times? I enjoy reading the post, however when a post from “WELLS FARGO” comes in I get multiple emails for a single post. Not complaining, just wondering why I get so many emails on a single post. Peace be with you.

  82. My house is in Illinois though.

  83. http://www.minnesotaforeclosuredefense.com

    Please use the web page above to contact

    Dkjold-Parrington firm regarding the Mills issue and any Minnesota residents who need assistance. It sounds like these guys get it. Let me know it goes.

    Thanks

  84. KRUSE

    usedkarguy@yahoo.com with a phone#

  85. A while back I had lost my job, while on unemployment, we had called and attempted to start the loan modification process, after receiving an email, following the requirements, mailing and faxing All necessary papers  and calling to find out the paperwork was “never received” we sent it all in again, and again, and again. When we were finally accepted and three month in with the lowered payments. Wells Fargo sent us a letter stating that per our request, we will be removed from the loan modification.  As shocking as it was, I called wf and after Beating around a bush, they stated that they called us and we asked for them to stop the process, come to find out, they didn’t call us, but called my parents, who thought it was a sales call and asked WF to stop calling them, they are not interested. Well they sent us a letter and wanted all the monies that were lessened in the initial loan mod paid in full, or they would start forclosure process.
    We then had to close out my wife’s IRA just to pay it in full, claimed bankruptcy, kept the house in hopes to stay in the home without loosing it. In January of 2011, work was starting to get slow, my employer was starting to cut hours and raised our health insurance to a whopping $185 a week. I had to start looking for a new job. Found one out of state and finally we found a realtor to do a short sale, as we had no choice but to stop paying the mortgage, as we could not afford to stay in it. In June of 2011, we received our first short sale offer, a little on the low side, but let’s face it, the Illinois housing market was at a stand still. By October 12 2011, wells Fargo had counter offered wanting an additional 20k, so that buyer opted out of the contract. We received another offer on October 25 2011, this was the email I received from my realtor:
    Good morning. Attached is an offer for the Oakhurst property. The offer is for $95,000. I spoke to the bank last week and asked if this is something that would be considered. I was told that  the offer was high enough to send to the negotiator.

    On November 30 2011 I received this email from my realtor:
    HUD denied the variance for the low net. 

    Your file will be forwarded to the marketing department until a new fully executed offer to purchase is received. Please fax a new offer with an estimated HUD1 reflecting all seller fees & buyer’s preapproval letter to 866.969.0103. The offer will be reviewed to determine if it can be submitted to negotiations.  You may follow up with the liquidation phone team at 866.903.1053 for a status update.

    Essentially, they are not accepting the offer because they will not net enough money.
     
    I then received this email:
    I want to introduce myself.  I am the new Marketing Manager that will be working with you to get an offer on this property.  There are some key points and updates that I am requesting from you.  Please provide the below information in a return email.

    *Please advise on the current status of the property.  Please also confirm that the property is being maintained and the utilities are on.  Please note that per HUD guidelines, it is the Borrower’s responsibility to maintain the property during the PreForeclosure Sales Program period.  If the property is not being maintained, please provide a detailed statement as to why the Borrower is unable to maintain the property.  This statement will be provided to HUD for review and a decision will be made as to whether or not we can proceed with the program.

    *Please advise on the number of showings in the last month.  Is there any feedback from these showings?

    *Please advise on the current market conditions.

    *Please confirm the listing price.  Please note that per HUD guidelines the property needs to be listed at or above the fair market value.  Per our interior appraisal on file, the fair market value of the property is $110,000.  Please provide a fully executed listing amendment changing the listing price to the fair market value if the property is listed below this amount.

    Please note that the Approval to Participate in the PreForeclsoure short sale program expires on 12/12/11.  If an offer is received, you can forward the offer directly to me via email.  I look forward to working with you.

    Essentially, the key notes here are they want to make sure the property is being maintained. I responded that the water has been turned off and that I requested the bank to winterize the home a month and a half ago. You will need to ensure the heat and electric are at an okay level. The reason the utilities still need to be on is that if a buyer is not found by Dec 12 that is willing to pay what the bank is looking for (the $110,000) then Wells Fargo will move forward with the deed in lieu of foreclosure and in order to do that the property needs to continue to be maintained.
     
    The buyer is signing off on a cancellation agreement. Once I receive that, I will send over to you to sign.

    We were given a deadline of December 12 2011 to receive an acceptable offer. But somewhere in the mix, wells Fargo sent someone out to the property some where around November 15th to winterized the property and change the licks and remover the realtors key box on the front door, and turned every light on in the house. We had two other parties interested in the property at the beginning of December, and no way to get into the house.

    Even longer story short, they were not willing to work with the short sale and now I am facing forclosure, I could not afford to pay the HOA dues and had to cancel my hazard insurance, again, because I could not afford to pay it. Wells Fargo sent me a letter saying they will get the insurance at a cost to me and the quote is friggen outrageous. If I could not afford it on my own, how will I be able to pay their bs rate.

    I am lost at what to do, if anyone has any suggestions, please do, I can use all the help I can get.

  86. Here’s the attorney info to get that deposition of Joan M. Mills. Very qualified foreclosure defense litigators.

    Chris Parrington
    Skjold Parrington Business Attorneys
    Campbell Mithun Tower
    222 S. 9th St., Suite 3220
    Minneapolis, MN 55402
    Phone: 612.746.2560
    Fax: 612.746.2561
    Email: info@skjoldparrington.com

    Sorry this took so long.

  87. I dropped the ball with this Joan Mills deposition from Wells. Contacted an attorney this morning out of Minneapolis who can do this. He has done it multiple times already. Will post and contact all of you by the end of the day with his info.

  88. From the Trenton/Republican Times, Missouri

    CIRCUIT COURT

    Circuit Division
    Judge Jack Peace
    Wells Fargo Financial of MO, Inc. vs. Terry W. Leeper and Susan E. Leeper. The court denied the plaintiff’s motion for summary judgment and ruled that a foreclosure sale held May 22, 2009 be rescinded, that a successor trustee’s deed dated June 13, 2009 be voided, that all powers of the successor trustee are in effect and not extinguished and that the deed of trust dated June 17, 2006 executed by the defendants remain in full effect.

    Sounds like somebody got caught……

  89. @dcbingo said: Phelan Hallinan and Schmieg, foreclosure mill for BofA just recorded a bogus assignment on me on 2/2/12. Name of VP Yanaganiza Daniels who signed for Impac Funding and notarized in Denton, Tx. Impac Funding is in California. Assignee they allege is U.S. Bank but address for assignee is 7105 Corporate Drive, Plano, TX – BofA address. Anyone here heard of Yanaganiza Daniels?

    Everything I can find on Google puts her in TX. My guess is if you did some digging, you’d find she’s associated with US Bank, meaning Ms. Daniels acted as rep for Impac then assigned the mortgage to herself (her association) at US Bank.

    I’d call US Bank in TX and BofA in TX and see if she works there.

  90. Oh and Aida, you don’t need an attorney to file Quiet Title. I’m doing it for several people right now.

  91. Aida – first what you need to do is join the Anti Foreclosure Network (afnetwork.org). We are a bunch of pro se litigants. We discuss and share information and strategy and case law relevant to our cases. Many have connections with attorneys who are fighting for homeowners.

    Send me an email. I’ll tell you more. 4EqltyMom@gmail.com (copy and paste my email address – the 4th character is an “L” not an “i”).

  92. I can’t determine who is more corrupt and greedy among the following: Wells Fargo, Wachovia or the 10 inept and greedy attorneys that cost me over $70K in retainers and fees and still could not help me keep my house in which I had invested $107K down payment but was foreclosed on anyway even though my name was on title and I was making payments.

    I filed Quiet Title but dismissed it without prejudice because I ran out of $$ for legal fees but I am considering re-opening my case…statue of limitations has NOT run out.

    Any input would be appreciated especially from the legal community. If I win this case, it could be precedent-setting.

    I would appreciate a referral to a competent, knowledgeable attorney or lawfirm familiar with these type of cases which are more common now than when I originally filed.

    Thanks for taking the time to read this.

  93. George – What you need to do at this point is file a frivolous lawsuit complaint (with all the fraud, damages, etc. thrown in there) AND file for Quiet Title.

    Anyone who wants to get educated on this stuff, contact me. Join our national network. If we get enough people, we’re going to start suing their asses … everyone. And we’ll start lobbying for everyone’s rights – sorry, no. HOMEowners rights. OUR rights. Look down a few posts. My email is there. Please email me.

  94. These are the Federal Reserve Board orders on the monetary sanctions against 5 banks–Chase, Wells, BOA, Citigroup, Ally—

    http://www.scribd.com/doc/81651559/Federal-Reserve-Board-releases-orders-related-to-the-previously-announced-monetary-sanctions-against-five-banking-organizations-Release-Date-Februar

  95. Phelan Hallinan and Schmieg, foreclosure mill for BofA just recorded a bogus assignment on me on 2/2/12. Name of VP Yanaganiza Daniels who signed for Impac Funding and notarized in Denton, Tx. Impac Funding is in California. Assignee they allege is U.S. Bank but address for assignee is 7105 Corporate Drive, Plano, TX – BofA address. Anyone here heard of Yanaganiza Daniels?

  96. I had a foreclosure judgement against me. Almost a year later I filed a “petition to strike judgement. My attorney included “Right of Absolute” which I think made them respond within time frame. We entered 3 points in our “answer to foreclosure”. 1) They kept delaying modification. 2)Rob-signer Herman John Kennerty was on my foreclosure affidavit. 3) We stated that Wells Fargo was not the owner of my note/loan.
    After 28 days they requested for more time. We said NO. Next day they filed to vacate the foreclosure. But without prejudice. Meaning they can come back at me. But now its my turn to make a move and sue for all the fraud.

  97. I’m gathering assignments with Judith Romano signing / attesting to the Assignment and Eugene Jaskiewicz as the notary.

    If anyone has an assignment with Romano & Jaskiewicz, can you email me:

    4EqltyMom@gmail.com

    Thanks.

  98. Losing American Dream – send me an email:

    4EqltyMom@GMAIL.COM

    Copy and paste that email because you misinterpreted it when you addressed me in your comment.

  99. I also was and still are with wellsfargo and they auctioned off my home on Sept 19, 2010. I have been fighting them in housing court since may 2010. I also was trying to go through the hamper program and i the middle of still waiting for their decision they auctioned my home. And i also had never ever been late until one month i was 29 days and i went on line to pay my mortgage and they had shut my site down for me to pay. And of course same thing and wells kept telling me to hold my money.
    I know deep down the government is not going to do anything .
    Want info on what i have done…contact me at wellsfargoripoff@yahoo.com

  100. 4equity mom: I am currently in foreclorsure and my auction/sale date is 1/27/1012.

    I have had my auction postpone for a year. I have filed a default notice to the bank and also the courthouse. I asked them, Wells Fargo to provide the wet ink copy of my allonge note and GAPP accounting, and so far they advised they are not required to provide the orginial copy. GAPP accounting they just sent screen prints of something on the computer.

    I was paying on time for 15 + years on my house. I called my servicing agent “American Servicing Corporation” Company, ASC/Wells Fargo, to inquire if I can make my house payment at the end of the month instead of the 1st, so technically within 30 days. The servicer stated that would be fine and not reported as late as within 30 days. All what would happen is I would be accessed a late fee on my account. They told me that in review of my account I have never been late on my mortgage and would not be a problem. That information is correct. I lived at the address for 15 + years, and never been late.

    The lender proceeded to inquire about what was going on, and if they could help. I told them my husband is very ill and I just could not make the payment on the first and was concerned as I never have been late. They said,” Have you heard about our HAMP programs”? I was not familiar with these, but they convinced me it would be the best thing and it is offered by the government which they could clearly see I qualified for and would be approved. So, they moved my payment up as they told me that it would not start until the following month, so no payment would be due and I could skip a whole month? It would also reflect “modification” on my credit report as this was my concern as well.

    Six months later, they sent communication by mail that stated, I was not approved and that I owed around estimate $18,000.00 + in back interest? Payment due within 30 days. Question: How can they put you on a loan, and say you are approved, then several months’ later state you are not?

    What I did receive was information that was advised incorrectly from employees representing the company Wells Fargo. That is a misquote, which left my mortgage that was in a perfect shape and my family in a critical condition now with my loan. If a doctor made a mistake, it would be called malpractice. “Who are the these people who run the banks, and Why do they still have jobs”?

    If they validated my payment schedule they would visibly see a perfect payment record up until that phone call where I was misadvised by the Wells Fargo representative. How did they come up to a figure like that, when I was only paying maybe $200.00 less per month? How come they did not look at my record and state she was with us 15+ years paying on time, and never missed a payment, let us contact her. Then there is the question, “Why was I not approved?”

    My house is now being sold at an auction on the steps of the courthouse on Jan on the 27th day at 10:00 am. The sad irony of this is, I made my payments on time and never would of gone on this program if they (Wells Fargo) did not recommend it. I was fine before. I wish I could turn back time to not have ever made that call that day. Why are banks not held accountable or servicing agents for their mistakes? Even the controller of currency backs them without solid evidence of investigation into their error?

    I had a securitiazation audit completed
    FORECLOSURE LOAN INVESTIGATION REPORT COMPLETED 1/12/11.
    5 FAILS FOUND
    TILA APR TOLERANCE TEST –FAIL (3 VIOLIATIONS)
    TILA RIGHT OF RESCISSION-FAIL
    PREDATORY INDICATORS-FAIL (2 VIOLATIONS)
    FRAUD-POSSIBLE
    UNDERWRITING-FAIL
    RESPA VIOLATION-1
    Does anyone have any advice for me, it is so unfortunate of how this occurred and what it lead to for me and my family.

    It is now being reviewed by a commitee. This is what I was told on Friday. Does anyone know about this process?

    Thank you

  101. Mr I no a company that is run off a controller contract a pooling deed of trust , wants its active u can’t take it back . A iirovocable trust cannot be taken back , if u have a company and its run off a pool and services ,the only way it can be revoke is by a court of law . Most of the old companies like wellsfargo bank and other companies are 160 years old and better ,u a never no who running it , onles u request a tittle chain report , to see what is what .then u a never no , but from the look of it , a contractor don’t give a mess cause , they are just contractor , and just looking to be paid and that it , now no me if that the issue , it need to be hi yellow on the paper work , contractor worker , so u would no that a owner , the owner his self is not , treat anybody by mistreatment . But how can anybody makes laws to the land if they have never live a hard getto life ? In order to make real decision in life , u need to go throw a little hell first ,then , go to the top , like me I been throw hell , for 15 years , now I can set the laws u want in place because I no what u need I live the bull crap .! Most contractor has been throw hell , and now looking for the reward . Most of the people in the world are caught in the nets of these contractor because they never been throw nothing in life . I can tell u this , those contractor at wellsfargo and any other companies , is saying the same words I’m saying rite now to u – – – – * nobody gave me nothing . *- – – – – – . Oh 1 more thing for the little lady below , u no the trustee can use their” real “-name or (dba) so when u run their name in the edger data base , what if they are useing the dba name and u don’t no that name , what do u do then . I hate iirovocable trust cause it pretty much legal fraud .all u can do is sue them if much .

  102. Ms the sweet li lady below , quitymom , now u already no those companies are run by contractor iirovocable ones at that , why want u tell them people that , iirovocable contractor , look like a big load of fraud , and they are not fraud ,and the hold big picture here is that the contractor never was given nothing in life they had to work for what they have and that what they are doing , iirovocable trust contractor look like fraud , why u think no banker has gone to jail ! If u think I’m wrong ckeck it ya self ! See if any banker has gone to jail ,if they was fraud , the would have been jail with the county lunch to eat at about noon time every day for 60 years , now madoff fraud was real . And he got real time too . And from the looks of it those contractor are poor and now have paid them selfs to be rich , like I said before , they gone tell u , nobody gave me nothing , I’ve been poor al my life and now I have the chance to make it , get out of my way . ! And they are legal . But the contractor law says a judge can revoke them at any time , have u heard or saw a judge revoke any bank yet ? I’m putting the real blog here this time . Ckeck the blog out this the real one . I like to see the pretty little lady reply to this one .

  103. Mr I no a company that is run off a controller contract a pooling deed of trust , wants its active u can’t take it back . A iirovocable trust cannot be taken back , if u have a company and its run off a pool and services ,the only way it can be revoke is by a court of law . Most of the old companies like wellsfargo bank and other companies are 160 years old and better ,u a never no who running it , onles u request a tittle chain report , to see what is what .then u a never no , but from the look of it , a contractor don’t give a mess cause , they are just contractor , and just looking to be paid and that it , now no me if that the issue , it need to be hi yellow on the paper work , contractor worker , so u would no that a owner , the owner his self is not , treat anybody by mistreatment . But how can anybody makes laws to the land if they have never live a hard getto life ? In order to make real decision in life , u need to go throw a little hell first ,then , go to the top , like me I been throw hell , for 15 years , now I can set the laws u want in place because I no what u need I live the bull crap .! Most contractor has been throw hell , and now looking for the reward . Most of the people in the world are caught in the nets of these contractor because they never been throw nothing in life . I can tell u this , those contractor at wellsfargo and any other companies , is saying the same words I’m saying rite now to u – – – – * nobody gave me nothing . *- – – – – – .

  104. Hello everyone!

    I am looking for anyone that may have an Affidavit or anything else that was signed by “Michael Dolan” who is an Operations Analyst at Wells Fargo / Wachovia. I am compiling as many signatures as I can for a handwriting expert for an upcoming trial. We have in our posession various affidavits from Mr. Dolan that appear to be robo-signed in different states at the same time. Any and all help is appreciated and together we all benefit from this!
    You can email me directly: mike@radmoon.com
    Mike

  105. Where I’ve seen it is stamped or Photoshopped on a Note for Proof of Claim after a BK petition has been filed.

  106. WELLS FARGO BANK, N.A. v. BEIRNE

    2011 Ohio 6678

    Wells Fargo Bank, N.A. as Trustee, Appellee,
    v.
    Martin J. Beirne, Jr. et al, Appellants.

    C.A. No. 09CA0103-M.

    Court of Appeals of Ohio, Ninth District, Medina County.

    Dated: December 27, 2011. Foreclosure REVERSED!

  107. Mom, the endorsement shows up late in the game after the foreclosure is filed. Wells gave the BK court a different (altered) copy of the note than what was proffered in the foreclosure suit. I’t carrying a “rubber-stamped” endorsement in blank.

    “Pay to the Order of”
    ………nobody

  108. usedkarguy or Peter – where do we find this –>a “Joan M. Mills” endorsement in blank on your note?

    Is this somewhere on the original copy of the mortgage that we got at closing or is this on their copy that they claim is the “original” note that we might get at discovery or some other time in the process of foreclosure?

    Thanks. Sorry for being dense.

  109. I received two more Jennifer Robinson affidavits from Florida. Hmmmm. She travels, does she?

  110. As you know, I’m in on the Joan M. Mills depo usedkarguy. Times are tough, but if we can gather enough people at $50 each, we’ll make it. I’d like to suggest that we set up a trust with the attorney where we send in our documents along with our checks directly to the attorney. Perhaps we’ll find out just how many people use her stamp, if she even exists. This is gonna be a good one. Anyone that would like to participate, please contact usedkarguy and spread the word in blogs! Together, we make a stronger case. Let’s do it! Thanks usedkarguy!

  111. Thanks, mass resident. I receive two other sets of affidavits today from Florida cases. Still notarized by Jennifer Robinson of Frederick, Maryland. Deposition will require the travel itinerary from Maryland to Florida. She’s a busy lady! We’re gonna take these suckers down, mark my words!

  112. Take ‘em down Used Kar Guy!! I have looked through assignments from Georgia, Florida, and Mass. and have a few names to BOLO for
    ( I am not accusing these people of anything)

    Notaries out of Minnesota: Robert W. Caruso, Matthew F Ryan, Julie Ann Prieto, gee could it be Lender Processing Services????

    Wells Fargo Names/ MERS 20000 plus Corp. “officers” Ryan Amato, Chan Harris, Angela Marie Williams, Kate Johnson,Dan Flannery, Yen Nguyen, and there are more…

    Some names are mixed and matched….. but the time travel is what gets me…..

    These are some of the names on the newest batch I looked through…..and guess what, Minnesota doesn’t require notaries to keep a journal, how stupid is that? What a coincidence. Neither does Georgia. Not sure about Florida.

    Have a great Hoilday Weekend all!!

  113. okay, we’ve got two, and with me that makes three. There has to be more of you out there! Thanks for your responses! Let’s get these guys!

  114. Attention all you Wells Fargo victims who have a “Joan M. Mills” endorsement in blank on your note: I have an attorney who will depose Ms.Mills, but I need some help with the costs. My attorney is in Minneapolis, so there are no travel costs. I’m looking at around $600-700 in costs. Your donation will allow me to get this depostition and post it on SCRIBD for your use as well.

    Please help me help you!
    usedkarguy@yahoo.com PUT MILLS/LIVINGLIES/DEPO IN THE SUBJECT LINE, PLEASE. We’ll kibbitz online and you can send your check directly to the attorney. LET’S GO, PEOPLE. THE FIRE IS HEATING UP!
    THANKS.

  115. And I guess I should clarify, I’m not an attorney. ;)

  116. Mel, I was their lawyer. :-) You can do this …. If you need help, email me. 4EqltyMom (<– copy and paste that because you got it wrong in your comment) [at] gmail [dot] com.

  117. 4eqitymom, can you please tell me the lawyer you used info ca for your parents thank you

  118. If you are facing foreclosure, the FIRST thing you need to do is get a securitization audit. 83 or 84% of loans are securitized. A good expert WILL find the fraud, which you can then use in court.

    Just a friendly tip. :)

  119. I believe this is among the most vital info for me. And i am happy studying your article. However should statement on few normal things, The web site taste is wonderful, the articles is really excellent : D. Excellent job, cheers

  120. Hi Everyone,

    Just wanted to update with GOOD NEWS!!!

    The law firm withdrew their complaint in mortgage foreclosure!!! Now I’m looking into Quiet Title Action.

    To recap (even though a lot of this is somewhere below), here’s how it went down.

    July 2009 – my parents stopped paying their mortgage
    June 2010 – mortgage complaint filed with court
    July 2010 – my dad answered the complaint without talking to me, admitting nearly everything in the complaint
    Sept 2010 – receive PL petition for summary judgment – dad finally consults me for help
    Oct 2010 – we answer petition and I throw everything including the kitchen sink at them
    Oct 2010 – receive answers from them and I continue answering (even though that’s probably not the correct court procedure) –>interestingly, they only answer one of my accusations, that of standing. They very conspicuously did not answer robo-signing, inconsistencies in Assignment, etc.
    Nov 2010 – we request to Produce the Note (at this point I’m not sure if discovery is closed or not b/c they filed the motion for summary judgment, but I did it anyway)
    Nov 2010 – shortly after the Produce the Note request, summary judgment found AGAINST my parents
    Dec 2010 – Law firm requests an extension to produce the note (even though we already have a summary judgment!)
    Dec 2010 – we hire an atty and file a Motion for Reconsideration and notice of appeal
    Jan 2011 – Appeal filed
    Mar 2011 – PL files objections and responses to Appeal
    April 2011 – Judge issues opinion in favor of reconsideration

    **as a side note here before I go on, we included everything I had brought up in previous pleadings in the Appeal. The reason we hired an atty to do the Appeal is b/c I have never written one before and don’t know how they work. Appeals are VERY specific and have to be bound and tabbed and filed in a particular way. And the language has to be written in a certain way with particular formatting and whatnot. Atty’s need to do this, not pro se litigants.

    Meanwhile …. also in
    April 2011 – Law firm says they “found” the note
    Very late in April 2011 – we request to inspect the note
    SURPRISE ….
    May 2011 – PL files to vacate motion for summary judgment and never responds to request to inspect the note
    June – Oct 2011 – our Atty continues to check to see if they found the note (why? I have no idea. I would have preferred he keep his damn mouth shut)
    Oct 2011 – we receive notice they “found” the “original” note
    Nov 2011 – we delay for a few weeks before going to inspect the note

    **as a side note here, I’ll tell you what we saw. The note was on crisp white paper that has clearly never been handled. There is no signature page that has my parents’ full signatures – just 5 pages “they” initialed. My mother’s initials are inconsistent. On page 4 of 5, her initials look right. But on pages 1,2,3&5, her “A” is different – signed in a way I have never in all my life seen my mother make her middle initial “A”. There is a notarized page attached at the back that is clearly printed on different paper and those signatures were definitely originals. You can tell by the ink. Whereas with my parents’ initials, you can’t tell whether they’re wet ink or not.

    **I inform our atty that wherever we go from here, I want a forensic review of everything, including the securitization process.

    **I don’t know if our atty informed them we want a forensic review … BUT … 5 days ago THEY WITHDREW THEIR COMPLAINT!!!

    It’s kind of dumbfounding to me. The PL atty insisted (a little too vehemently and too many times during the inspection) that this WAS the “original” note. Maybe they noticed that I noticed my mother’s initials were inconsistent as I pointed it out to my dad. Maybe our atty mentioned the forensic review. I don’t know.

    So now, as I said, my next step is to file a Quiet Title Action. I know I’ve read about this, but I have no idea what I’m doing. Any thoughts are appreciated.

    P.S. a copy of my response and brief in support of my response to Motion for Summary Judgment is on Scribd. Let me know if you want the exact URL and I’ll dig it out for you.

  121. you heard it here, second……..

    Wall Street Journal sez State of Illinois can Sue Wells Fargo…..

    By RUTH SIMON

    In a blow to the nation’s fourth-biggest bank, a state court judge has ruled that Illinois can move forward with a lawsuit alleging that Wells Fargo & Co. steered minority borrowers into risky mortgages at the height of the housing bubble.

    The court didn’t find that Wells Fargo engaged in discriminatory lending. But the Illinois action is the first fair-lending lawsuit brought by a state attorney general against a national bank to reach discovery, attorneys familiar with the case said. After discovery, Illinois may be able to bring the case to trial.

    Wells Fargo defended its lending practices as fair, responsible and not discriminatory. The judge’s ruling “doesn’t in any way address the merits of the claim,” said Paul Hancock, an attorney for Wells Fargo.

    Cook County Judge Carolyn Quinn ruled last week that the state may present a case contending that Wells Fargo’s lending practices between 2005 and 2007 hurt minority borrowers.

    Please go to the Wall Street Journal for the complete story.

  122. Pete, what was the name of the Certificates?

  123. peter, contact me off site

    flag it Wells Fargo
    usedkarguy
    @yahoo.com

  124. Usedkarguy, what did you find out about the number 708? I’ve seen that number associated with my loan number.

  125. The trustee of deutsche bank & ing bank , never sign in for work , he or she 3rd party the benifiary owner soon as they took office 2002 . Which is a flag if u 3rd party its a onto flag on a trustee contract to default , and the benifiary owner go right into action as a owner full charge . But like I said beofre if he look and didn’t find then that control fraud , from what the report is saying he don’t even no his trustee agent name . So the young lady below would be right none of the stuff is legal . Vitims, of, all this, mess is crying up into the sky on all of this hell . Here is the big bang , how do u get the real owner of the company in and them out ? When control fraud is huge and don’t look stop able . But on other hand if u tell the benifiary owner on how to hunt his trustee down that is running his company for him deutsche bank na ,I’m pretty sure he a take ya step to do so . So tell him how to hunt down a corp trustee for a corp benifiary ,with out nowing his or her name . He don’t even no the benifiary agent name or he no nothing that means all the trust of the banks to the owner is fraud .

  126. @usedcarguy – thanks for the clarification re: standing and jurisdiction. That makes sense.

    So basically, if you argue lack of standing, which I did, then by default there’s lack of jurisdiction, right? Or do you have to specifically point that out?

  127. @usedkarguy

    I have found some info and interesting things about Wells Fargo
    708. Also following this thread as am in same boat. Is there a way to contact you?

  128. The trustee of deutsche bank & ing bank , never sign in for work , he or she 3rd party the benifiary owner soon as they took office 2002 . Which is a flag if u 3rd party its a onto flag on a trustee contract to default , and the benifiary owner go right into action as a owner full charge . But like I said beofre if he look and didn’t find then that control fraud , from what the report is saying he don’t even no his trustee agent name . So the young lady below would be right none of the stuff is legal . Vitims, of, all this, mess is crying up into the sky on all of this hell . Here is the big bang , how do u get the real owner of the company in and them out ? When control fraud is huge and don’t look stop able . But on other hand if u tell the benifiary owner on how to hunt his trustee down that is running his company for him deutsche bank na ,I’m pretty sure he a take ya step to do so . So tell him how to hunt down a corp trustee for a corp benifiary ,with out nowing hir or her name .

  129. The trustee of deutsche bank & ing bank , never sign in for work , he or she 3rd party the benifiary owner soon as they took office 2002 . Which is a flag if u 3rd party its a onto flag on a trustee contract to default , and the benifiary owner go right into action as a owner full charge . But like I said beofre if he look and didn’t find then that control fraud , from what the report is saying he don’t even no his trustee agent name . So the young lady below would be right none of the stuff is legal . Vitims, of, all this, mess is crying up into the sky on all of this hell . Here is the big bang , how do u get the real owner of the company in and them out ? When control fraud is huge and don’t look stop able .

  130. the PLAINTIFF would lack STANDING

    if so,

    the COURT lacks JURISDICTION

  131. If you are being sued by a Trust:

    Go to SEC website and search the trust in the Edgar database. http://sec.gov/edgar/searchedgar/companysearch.html Put the trust name in the search box. If you don’t find the trust, it never existed (and therefore lacks jurisdiction).

    Similarly, if you’re being sued by your SERVICER, not the holder of your mortgage, there is no jurisdiction.

    One thing I don’t understand that I’m learning from the radio show I just posted is, what’s the difference between lacking standing and lacking jurisdiction? Is there a difference?

  132. Has anyone come across the name Michelle Gill?

  133. Here’s another radio broadcast that you need to listen to. http://media25.podbean.com/pb/5101b39e38e0a9215ea69c270437608d/4eaedc2a/blogs25/355820/uploads/Citizen-Warriors-August-13-2011.mp3

    If the link doesn’t work, go to http://4closurefraud.org/radio-shows/ and listen to the August 13th show.

  134. Former Assistant Attorney General Theresa Edwards and colleague June Clarkson had been investigating Florida’s so-called “foreclosure mills,” uncovering evidence of legal malpractice that also implicated banks and loan serv­icers. This is a copy of the presentation they were asked to put together summing up their findings prior to being forced out of the Atty Generals office. Maybe it will help some of you.

    http://pdfserver.amlaw.com/dbr/Foreclosure-Report-from-Florida-AG080311.pdf

    Apparently some judges (outside of FL) have used this presentation as grounds for dismissing foreclosure lawsuits. I don’t hold any hope that most judges are so savvy, but at the very least, one or two are (I believe they’re in NY – Judge Shack maybe?).

  135. Okay, one more time, I’m updating the link to the radio show that talks about securitization and how when your note is sold to a trust, neither the original mortgage house nor the trust have possession of your note. The implication is, when no one holds your note, you own your home free and clear.

    http://media25.podbean.com/pb/c2756d88e769bc4ce341a7d5a7f22d14/4ea825ec/blogs25/355820/uploads/CitizenWarriorsJuly92011.mp3

    If you can’t follow that link, go to http://4closurefraud.org/radio-shows/, scroll down and choose the show from July 9, 2011.

  136. I’m still looking for any affidavits signed by Dianne J.Proulx for Wells Fargo usually out of Hennepin County, Minnesota. She is now the replacement signer for Herman John Kennerty, and they are replacing documents signed by him with her signature now , usually called re-affirmed affidavits.
    If anyone has her signature on docs, I would like to have a copy as well. You can e-mail me at stythomas@yahoo.com
    Thanks,
    2 Pirates Over 40

  137. D.E.A. backs Wachovia/ Wells Fargo Drug Running by letting them operate:
    http://www.justice.gov/dea/pubs/pressrel/pr031710.html
    The Fed’s Only Treason cure is UPSIDE-DOWN CRUCIFIXIONS, as in:

    U.S. BANKRIMES date back to 1760. Incredible 1967 TESTIMONY:
    http://100777.com/myron

  138. so it looks like thr Courts won’t even listen to the complaint.. electroni signature is acceptable it seems?

  139. No I have not. On another note, I can tell you that news is happening at such lightening speed about the mega-banks that I might just sit back for a while and see what transpires (THE FED will probably pull another rabbit out of the hat) shortly. The mega’s are in deep poop right now and the latest is CA has officially pulled out of any settlements. This should get very interesting…..I see the Administration coming up with mandatory resolutions for everyone (homeowners) before this spirals out of control. Just saying

  140. Yes, Harry! Hi! Didn’t realize that was you. Sorry they were a bust. That’s a shame. Have you talked to the citizen warriors – hosts of the show? I wonder if they have any contacts ….

  141. Hi Wendy, I think you and I have spoken before by telephone. if i remember correctly. As for the radio show….if it is the two hour show a listened to a while back, then I can tell you that I communicated with the male and female attorney team on the show. End result: I was not impressed, sorry.

  142. @Harry,

    Listen to the link I posted a few down from here. Listen at least long enough to grab the names of the guests. Maybe they would have referrals for you. I think at the end of the program they list where the lawyers are from. So maybe forward it to the end and listen to the last 10min or so ……

  143. Peter, thank you I appreciate that. Which begs the question once again. Any trustworthy lawyers that anyone knows. I hate to paint them with a broad brush, but we all know what the majority of them do…….over promise, under deliver and take your $$$. I know, I am a professional and I have met and dealt with a lot of lawyers and referred my clients to lawyers and many of my clients have been very disappointed.

  144. @Harry

    Whatever you do…do NOT hire Tom Bayard or Walter Hackett. See Bayard’s BAR suspension.

  145. Hi everyone, I have been battling the crooks at WFC like most of us here for quite a while. I am current with my payments and I decided to embark in a correspondnet battle since 2009 and have gotten no where. I guess the only thing left for me to do is to sue for quite title.
    Need to find a lawyer who is trustworthy in So. CA preferably in the Inland Empire area, Riverside County. I, like most, have contacted several government agencies and nothing has been done. I have a 6 inch file of information and correspondence.

  146. Wells Fargo Home Mortgage – listed as defendant will likely be ‘Premier Asset Services’ aka PASREO their real estate owned Broker, Dealer, Agent, Distributor

    Wells Fargo Home Mortgage aka RELS Title Services does Originations: Underwriting, etc.

    Wells Fargo Bank NA named as Plaintiff can be any affiliate of Mortgage Servicer national bank

    Probably represents RELS as Plaintiff and PASREO as Defendant

  147. For everyone trying to listen to the radio show I posted a link to several times, HERE IS THE UPDATED LINK to the radio show.

    This is a MUST LISTEN for everyone struggling with foreclosure.

    http://media25.podbean.com/pb/575d5466765c1af1d4ad90cc71a1fb17/4e834269/blogs25/355820/uploads/CitizenWarriorsJuly92011.mp3

    I apologize. I didn’t realize the video had been removed from the other link I posted. I spent about an hour this morning on the 4closurefraud.org website listening to their archives to find this particular show.

    They have a lot of great information on their shows – mostly related to foreclosure. Here’s a link to the archive of the Citizen Warriors radio shows: http://4closurefraud.org/radio-shows/

  148. neidermeyer –

    Have you seen the link I posted to a radio show (see maybe 10 posts down from the top)? The program talks about paperwork chains and I believe documentation inconsistencies (it’s been a while since i listened, sorry).

    Might be worth taking the time to listen.

  149. UsedKarGuy,

    Is there ANYTHING ELSE INTERESTING in that deposition? I am interested in “documentation specialists” ,, I have WF Bank N.A. as plaintiff… They can’t possibly be the real party and I can’t wait to see what they filed as a reply (filed today ,, I can see it was filed but not the contents.. gotta go to the courthouse or wait for my lawyer to get it in the mail and forward a copy) . any way they spin it they will entrap themselves.

    Is this a Cindi Ellis or Theresa Esposito? (AHMSI) deposition?

    If you can send me a scan I’m brian_tracy AT cfl.rr.com

  150. I am holding in my nicotine stained fingers an affidavit of one Jennifer Robinson that states in part:
    “Wells Fargo Home Mortgage merged into Wells Fargo Bank, N.A. in 2004 and, accordingly, no longer exists as an independent entity but rather functions as an unincorporated division of Wells Fargo Bank, N.A.”

    These people are playing a shell game extraordinaire. It’s all “Wells Fargo”. Any trustee named in a foreclosure suit is totally unaware of anything Wells Fargo does regarding foreclosure actions.

  151. Usedkarguy – Did you catch that? “Wells Fargo formerly Wells Fargo Home Mortgage”

    Did they change their name so that they can put the checks in any of their divisions they want? Nice.

  152. Wells Fargo accused of forging loan documents

    BY DOUG MCMURDO
    LAS VEGAS REVIEW-JOURNAL
    Posted: Sep. 22, 2011 | 2:02 a.m.
    A Las Vegas attorney who represents people facing foreclosure has accused Wells Fargo of forging loan documents. The allegation is the latest sign that efforts to hold mortgage lenders accountable are escalating in Nevada.

    In court papers filed this month in Clark County District Court, attorney Dave Crosby alleged bank employees committed forgery and fraud in making a $350,000 loan to a father of four who was unemployed at the time.

    “They forged signatures, they backdated documents,” Crosby said. “We’ve got them cold.”

    Crosby said the bank has presented two deeds of trust for the same property. One bears the signature of Olivia A. Todd, who on Jan. 27, 2010, was identified as an assistant secretary with MERS, Inc., a mortgage servicer from the Phoenix area and a co-defendant in the lawsuit.

    But on Feb. 16, 2010, Todd’s signature appears on a second deed of trust, where she is identified as the firm’s president. Both assignments were notarized as authentic, Crosby said in court papers.

    Crosby made his allegations in a request to have a judge review three failed mediations between him and his clients, Ryan and Mical Henderson of Las Vegas, and lawyers with Wells Fargo, formerly Wells Fargo Home Mortgage.

    Attempts to contact bank attorney Kevin Soderstrom were unsuccessful. Calls to Wells Fargo also went unreturned.

    Nevada Foreclosure Mediation rules allow for a judicial review of failed mediations. In Clark County, District Judge Donald Mosley hears all such reviews.

    The Legislature created the Foreclosure Mediation Program in 2009 to help thousands of troubled homeowners in the state, considered ground zero of the U.S. housing crisis, where tens of thousands of homes have been abandoned or foreclosed and a staggering 80 percent of homeowners owe significantly more than their homes are worth.

    But banks and title insurance companies have not always been able to prove they own the mortgage and have the right to foreclose.

    The Henderson case is the latest shot across the bow of mortgage lenders. The Nevada Supreme Court has issued rulings favoring homeowners in several recent cases on appeal. Nevada Attorney General Catherine Cortez Masto is expected to file criminal charges against bank and title company employees, as well as notary publics, over allegations of robo signing.

    The term applies to a practice of signing affidavits attesting that bank officials have reviewed documents and found them proper even without making any review.

    When the robo-signing scandal erupted last October in Florida, bank employees admitted to signing 10,000 documents a month without knowing whether they are legitimate.

    Masto’s office declined comment on any plans for criminal action against robo-signers. She has taken an aggressive approach to holding banks accountable, and the Legislature earlier this year enacted new laws regarding robo signing.

    Crosby said he suspects robo-signing is widespread in Nevada. One of his cases was the subject of an appeal filed with the state’s high court, and he used the lender’s own words against it.

    Supreme Court justices found in favor of Crosby’s client, Moises Leyva, ruling unanimously that lenders have an absolute duty to strictly follow foreclosure mediation rules exactly as written.

    More important, the high court ensured lenders couldn’t simply provide a sworn statement, often from their own employees, that they were the lender even when they failed to provide a verified copy of the deed of trust.

    “They admitted how disorganized they were, that they lost paperwork,” Crosby said.

    In court papers, Crosby accused Wells Fargo of continuing to play outside the lines. He alleged that a document the bank produced during mediation was backdated and bore a style of notary stamp that didn’t exist at the time it was signed. The document is included in the court file.

    He also alleged that two documents bore the name of a bank employee and “are notarized by the same notary, (but) both signatures do not belong to the same person.”

    Crosby wants Mosley to rule that Wells Fargo acted in bad faith, to award sanctions for the “obvious forged, backdated and falsified documents” and to award cash sanctions.

    Crosby will ask Mosley to fine Wells Fargo an amount equal to the difference between the loan and the home’s current value.

    The Supreme Court in its recent decision has made it clear to judges that such sanctions are appropriate when lenders are found to have acted in bad faith. A hearing has been scheduled for Oct. 6.

    Review-Journal writer Chris Sieroty contributed to this report. Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 224-5512.

  153. Caj-

    It would probably be helpful for people here if you told us where in the US you are located. No one can recommend attorneys unless we know where you are.

    It would also be helpful (for me anyway) if you clarified why you think you have a case. I’m not clear from your explanation what the original lawyer was going after.

    Also, in cases of foreclosure, you are best served by doing your own research. You should be looking for the law the first attorney was talking about that says it’s illegal to undervalue the property. Start with “property law” +yourstate.

    I would also suggest trying to contact your original lawyer. Tell him the referral he gave you didn’t pan out. Ask him if he has any other referrals for you.

    Finally, you asked if you should have just settled with the collection agency when you had the chance. You can’t change the past. What you need to figure out is where to go from here. So don’t waste your energy on things you can’t change.

    That being said, based on my (very) limited knowledge on the subject of second mortgages, regardless of foreclosure, you are still responsible for that debt. I don’t know what happens to the debt if you file for bankruptcy.

  154. I need help.

    We built a house on 8 acres in 2003. We had a first mortgage of 263,000 and a second mortgage of 100,000 both with Wells Fargo, both secured by the property.
    The house was appraised at 385,000.

    A law allowed us to split after 5 years into two four acre parcels creating more equaty in the property. The house w/four acres was tax assessed at 308,000 and the other parcel at 98,000.

    I had the mortgages paid down to 240,000 and 93,000 in 2009.

    My husband lost his job of 28 years in Oct 2009. I am a stay at home mom.

    We used our severance money to pay the mortgage and then realized he wasn’t going to replace his income in this economy. After being advised by a broker that a short sale would be hard and hurt our impecable credit just the same we walked from the house.

    WF forclosed Nov. 2010.

    We then started getting collection notices from some shark collection agency for 100,000.

    With a lot of research we’ve discovered that WF valued our house at 240,000 for the forclosure sale and then sold it on four acres for 287,000. In turn unsecuring the second mortgage and sending it to a collection co.

    June 2011 we spoke with the realtor handling the sell and she said there was a boundary dispute holding it up. I went to a Lawyer and explained that they were selling the house on four acres and the other parcel was missing.

    The Lawyer said they had broken the law in our state by undervaluing our property and he could clear this up in two, three weeks at the most.

    The lawyer wrote a letter to WF and to the Collection people.

    2 months go by, it get a message from the lawyer saying he’s too busy for my case and he’s refering me to someone else. Nothing has been done.

    I look up the county website, the party that purchased the house now owns both parcels for the initial 287,000 and we still owe.

    I wait another week to get into this new lawyer. Which was today. He informs me that there is a confict of interest (he knows the people that bought the house). He also informed me that there are a lot of lawyers that work for the companies who do the forclosing, but very few that work for the people, and he had to generate income for his firm so he wouldn’t have taken the case anyway.
    Thanks.

    Where do I get a Lawyer?
    Do I really have a case?
    Should I have just settled with the collection agency when I had the chance?
    Someone give me some advise, please

  155. Well a tree fell on our house recently…the neighbors rotten tree…our insurance came out gave us a 12000 damage estimate… when our insurance mailed the check they sent it to Wells Fargo since they are the mortage company…We had a chaper 13 and are only 2 years away from completing it. In the process we were one payment behind a year and a half ago…By the time Wells Fargo’s attornies and the chapter 13 trustee arranged for us to add our house payments into our chapter 13, we were now 4000…behind in payments!! Our trustee and attorney said no to make payments while waiting for all this to go through…Well, here is what I am complaining about…Wells Fargo will not let my husband who is a licensed contractor and insured do our home repair!! They said we can’t self contract!! Here we sit with a hole in our roof and further damage from the rain!! Because, they don’t want us to make the repairs and save money!! So, of course we have a friend who is doing it and I can just bet they won’t let him either they are digging up all they can to keep that money!! What is going on here!! They are playing a game with us…I definitely think they are the most vial mortgage company anyone could use!! Don’t ever go through Well Fargo!! They are evil!!! You get a different person everytime you call in there and no one even knows what they’re are even talking about!! It is enough to make me let this house just deteriate and walk away!! I need my attorney to look into this bunch of b.s.!!!!!!!!!! They keep saying you need a licensed contractor but you can’t self contract!! Okay fine…but in our particular county you don’t need to be licensed!! They are so ignorant!!!!!!!! I just want my house fixed!!! We make our payments through our chapter 13~~ and the only reason it is 4000 behind is because we were instructed by the trustee not to make any payment while wells fargo’s attornies get the house payment into the damn plan!!!!!!!!!!!!It took 4 months!! We were only 600 dollars behind in the beginninG! And wells fargo won’t release the tree service removal guy his money!! 1300.00!!! wtf!!!!!!!!1

  156. Denise –

    Take a look at this radio show: http://www.livestream.com/powertalk/video?clipId=pla_d1a08494-c3cb-4a5f-b200-0abe0f574e2d

    It may help.

    Also, hire a public adjuster to get the stuff fixed in your house. It will come with a 33% reduction in what you recover, but they’ll go to bat for your damages way harder than the insurance company will. It’s worth it IMO.

  157. I have 3 daughters and disabled a widow i bought their bull. They took care of me alright, they sold me two pick a payment loans and after a year and a half my payments almost doubled oh and they forgot to add the taxes and insurance so I had another 800.00 a month ooops they forgot to put in.

    They wouldnt let me modify my loan or take cash out they basically held my feet to the fire, eventually taking over the insurance which was doubled to 1500 and only covered them ie structural only.

    I had a fire in the kitchen, come to find out their inspector didnt catch the open flame burners by law must be vented to the outside,, the fan worked like it supposed to but unfortunatley,,was never vented anywhere but to the back of the cabinet where after two years, caught on fire.,.. ( no suprise drrrr ) the insurace co gives me 10k , which was a joke, … cotractors without looking would =say 30K and wouid walk away saying its too much work to get more money… while that was going on a 70ft pine tree falls on 1000 sq feet taking out my bedroom bathroom and hallway,. the insurance gives me 29K to fix it and pays a crane 4k to take it off the house and tarp the area as it was raining. It was a joke I told them after they ran me around gettting different bids now for both damages the fire snd tree and picking out appliances I get served a ulawful retainer.?? I called wells fargo who said to ignore the process server that they didnt know what was going on ?? with all the foreclosures.. there were mistakes and to ignore it..

    I dont trust ANYTHING they say so I checked the tile myself and saw they auctioned it and bought it themselves for 400K

    I bought the house for 825K in 2006 with a deposit of 350K and paid on it for 4 years with a average payment of 4K a month i inc. tax and ins and they kick me out with nothing after they appraised it at 650K ? and I forgot to mention the insurance has raised their amount from 28K they gave me to 84K but that goes to the bank along with my house.

    Im disabled, im a widow with minor children on Soc Sec. I have a disabled renter here and im considered a federal emergency victim in march, . I just about had half my house outside for sale when I decided to take a second look at what they were trying to do. and i have several reasons they are in violation of our federal law which says,

    the pick a payment settlement by the feds says they have to modify my loan revalue the property and forgive the past due .

    I had 2 of them and saw they never reimbursed me my 15K early payment penalty that should have been refunded since i mortgaged my new property through them.

    Ive had a fire and tree fall, thats a hardship and a half which they new took out my telephones and red tagged the house while they sent notices they new I wouldnt get or get in time anyway

    And the FEDERAL LAW STATES THAT THEY CANT FORECLOSE ON A FEDERAL DISASTER VICTIM!! WHAT ARE THEY THINKING?

    i suffer from ptsd severe anxiety and depression from my daughters father was charged for incestual rape and died a week after being releasaed in 2006. I thought our nightmares were over and then came Wachovia, Wells Fargo .

    The office of the president through the help of keep your home california a lady (angel) by the name michelle bendor heard my story and contacted the president of wells fargo and I sent my RMA last night, He has 24hours to reply….

    we shall see? Ill let you all know. rains coming this way and since i live in the suburbs rats and mice are moving in on us its not safe and its not healthy but we have no where to go so im praying for help

    Im a federal disaster victim,

  158. YES!!!! The radio show that 4EqltyMom referred to on July 20th IS A MUST LISTEN TO! Wow! You want to learn about the securitization game? If you can find it by the link, Google “Warrior Citizens Securitization.” Even learning all that I have from this blog, it still blew me away! This is something that all judges and politicians should here…tho they may not want to.

    THANKS FOR THE HEADS UP ON THAT ONE!

    Post a link to that on every local online newspapaer you can thing of!

  159. TO USERGUY:
    HI AND THANK YOU FOR RESPONDING TO MY QUESTION. THIS WAS A NON-JUDICIAL FORECLOSURE. THE ONLY HEARING I GOT WAS A KANGROO COURT HEARING IN A UNLAWFUL DETAINER COURT WHERE YOU CAN NOT QUESTION TITLE, EQUITY, ECT. THIS IS WHY FORECLOSURE DO NOT BELONG IN UNLAWFUL DETAINER COURT. UNLAWFUL DETAINER COURT IS A TENANT/LANDLORD MATTER.
    I AM PRETTY SURE I WILL HAVE TO BE THE MOVING PARTY AND FILE A MOTION OF SOME SORT. SINCE MOST FORECLOSURES ARE THE HOMEOWNER’S PROPERTY HAS LOST VALUE MAKING THE PRINCIPAL BALANCE MORE THAN WHAT THE HOUSE IS WORTH

  160. laurie, I believe the judge executing the confirmation of sale would be returning your equity to you. That’s how it’s supposed to work. You have to attend and make yourself heard. laurie, I’m not familiar with California Statutes, as this is not legal advice.

  161. WOULD ANYONE HAVE ANY INFORMATION ON “POSITIVE EQUITY FORECLOSURE”? ALSO HOW A PERSON IN THIS POSITION PROCEED IN COLLECTING ON A MATTER OF THIS KIND. I LIVE IN CALIFORNAI AND ON THE 1099A SENT TO ME BY THE BANK, WACHOVIA, SHOWS THAT THE HOUSE WAS WORTH MORE THAN THE UNPAID PRINCIPAL BALANCE OF THE MORTGAGE. THERE IS AROUND $30,000.00 OVER THE BALANCE OF THE UNPAID PRINCIPAL.
    THANKYOU TO ALL
    LAURIE MENDOZA
    ldmendoza2003@yahoo.com

  162. July 20th, 2011 03:30pm
    Fed fines Wells Fargo $85 million
    by Wayne Faulkner
    The Federal Reserve has ordered Wells Fargo to pay a penalty of $85 million, saying Wells Fargo Financial employees steered potential prime borrowers into more costly subprime loans and separately falsified income information in mortgage applications.

    The $85 million civil money penalty is the largest the Fed has assessed in a consumer-protection enforcement action and is the first formal enforcement action taken by a federal bank regulatory agency to address alleged steering of borrowers into high-cost, subprime loans.

    Hey, and around 3:30 today, my phone rang!
    Truth IS stranger than fiction!

  163. If you haven’t listened to this radio broadcast, you NEED to! It’s two hours long, but it is well worth the time.

    http://www.livestream.com/powertalk/video?clipId=pla_d1a08494-c3cb-4a5f-b200-0abe0f574e2d

  164. YOUR DAILY DOSE OF DEFAULT SERVICING NEWS WED JUL 20, 2011
    DSNEWS.COM

    Foreclosure Litigation Cost Wells Fargo $428M in Second Quarter
    Wells Fargo says its second quarter expenses included $428 million of operating losses, substantially all driven by litigation accruals for mortgage foreclosure-related matters. Loan losses, though, were down substantially, supporting a 29 percent increase in net income to $3.9 billion for the three-month period. The company says credit quality continued to improve, marking its sixth consecutive quarter of declining loan losses and third consecutive quarter with fewer nonperforming assets.

    To one and all: “KEEP UP THE GOOD WORK. I’M DOING MY SHARE.”

  165. I don’t know whether this will help anyone on here or not, but I’ll throw it out just in case.

    I pay my mortgage every single month, on time. I submitted a claim to my insurance company for some damage we had to the house over the winter. We got a settlement check that needs to be indorsed by Wells Fargo in order to cash it.

    Wells … Fargo … Cannot … Find … My … Loan!!!

    Seriously, I’m not kidding. We have called every number we can find and they have NO RECORD of our loan!!!

    We pay WF every single month. So tell me, what are we paying for if our loan doesn’t exist in any of their systems????

  166. anybody with affidavits of Jennifer Robinson, or notary Joseph Cariola, please forward them to me at usedkarguy@yahoo.com. I am collecting these for the Wisconsin AG.

    Thanks for your help.

  167. I’m looking for any affidavits signed by Dianne J.Proulx for Wells Fargo usually out of Hennepin County, Minnesota. She is now the replacement signer for Herman John Kennerty, and they are replacing documents signed by him with her signature now , usually called re-affirmed affidavits.
    If anyone has her signature on docs, I would like to have a copy as well. You can e-mail me at stythomas@yahoo.com.
    Thanks ,
    2 Pirates Over 40

  168. Wells Fargo & Co. agreed to pay $125 million to settle accusations by investors that the bank misled them about the risks of mortgage-backed securities it sold. The plaintiffs in the class action include the General Retirement System of Detroit, New Orleans Employees’ Retirement System and other public pensions, according to the proposed settlement filed in federal court in San Jose, Calif. The bank and the underwriters deny wrongdoing. “The proposed settlement agreement … is intended to avoid the distraction and expense of litigation,” said Ancel Martinez, a Wells Fargo spokesman.

    I want to see them avoid the distraction and expense of ME!

  169. hello , anyone here from Pa. please email me at willwin26@yahoo.com

  170. Re: California. World Savings Pick-A-Payment Loan. And Wells Fargo having to pay restitution to those who have already lost there homes. Has anyone in California heard when this restitution is suppose to be paid out and who do we in California contact to make sure that the crooks at wells fargo dont overlook us. I have read that we in California were suppose to be notified in June 2011. Well here it is almost July 2011 and i have not seen or heard anything. So if anyone here in california can help me out i would be very thankful.
    sincerey
    laurie mendoza
    ldmendoza2003@yahoo.com

  171. Wells Fargo watchers: Any affidavits of “Jennifer Robinson” out there?? Please advise
    usedkarguy@yahoo.com

  172. Oh, and one more thing, James. You and everyone here have gotten yourself into this predicament. It does no good to blame others for the situation you find yourself in, my father included (and I have said that to him many times). The question is, do you have it in you to do what you need to help fight the injustices you now face as a result of what you have gotten yourself into? I’m not even in your predicament and I found it within myself to fight this with everything I have. And I’m not a lawyer. Every argument I made I found on the web.

    And you can too. YOU JUST NEED TO MAKE THE EFFORT AND STOP BLAMING EVERYONE ELSE.

  173. James, please stop SHOUTING IN ALL CAPS. It makes it very difficult to read, let alone to take you seriously.

    We haven’t completely won yet. As I said, what we got was an order to vacate the original summary judgment. We still have to file a Motion for Summary Judgment against plaintiff on the basis they are not the legal holder of the note and therefore have no claim to foreclose.

    You can find everything here:
    Case #2010-16706
    http://webapp.montcopa.org/PSI/Viewer/Search.aspx?c=CaseSearch&panel=CaseNumber

    Mainly I used the arguments outlined here on this LivingLies blog and other places where I found arguments. I used the fact that Kennerty or whatever his name is (the robosignor) admitted under oath that he is a robosignor who doesn’t have personal knowledge of what he is signing. I attached his affidavit where he made those statements. I used the argument that a partner in the firm suing my parents (Phelan, Seligman, et al.) also signed as an officer of Wells Fargo. I believe I argued at one point that there was no seal attached to something that was notarized. I argued standing. I argued against their claim that my parents didn’t take the required steps to try to rectify their situation and provided the proof of such. I argued that while the legal process was going on, WF was still trying to settle the debt directly with my parents as if the property was not in foreclosure (thus further calling into question why US Bank National Trust on behalf of GSR Mortgage Loan Trust 2005-AR4 was suing to begin with). I argued Truth in Lending violations due to the fact that the loan was transferred and no notification was made. I argued that the amount owed was incorrect (too low, but I didn’t point that out!), which also calls into question Kennerty’s affidavit in this case. Oh, I argued that “Plaintiff” didn’t send the notice of foreclosure to my parents, Wells Fargo did. I insinuated (quite heavily) that there were deep inconsistencies in who was responsible for what and who was doing what and tied that to the news around what is happening with foreclosures and other courts in this country. I brought up other judges who were nailing mortgage companies to the wall for their “paperwork inconsistencies” and insinuated that it is an abuse of court for these mortgage companies to make a mockery of our justice system. I made other arguments that I can’t remember right now.

    I know there’s a place on the web where you can upload documents in kind of a sharing environment (squid-something???). If someone can explain to me how to do that / where to do it, I’m happy to upload what I have.

    FYI – this is my PARENTS’ case. Please do not contact them. If you want to talk about the details of this case, email me at 4EqltyMom [at] gmail [dot] com. My name is Wendy.

  174. IF YOU WON SOMETHING THEN LET US KNOW WHAT IT WAS?? I PERSONALLY DONT BELIEVE ANYONE HAS BEEN ABLE TO GET ANY JUSTICE! IF YOU HAVE PLEASE SEND A CASE SO WE CAN LOOK AT IT AND SEE WHAT YOU’VE DONE, I WOULD IN A HEARTBEAT TO HELP ANYONE WHO HAS BEEN RAPED BY THE BANK WELLS FARGO. IT’S SO UNJUST TO HAVE YOUR HOME TAKEN BY THE VERY BANK YOU TRUSTED FOR 30 YEARS AND HAD THEM LIE TO YOU TO YOUR FACE REPEATEDLY THEN STEAL YOUR HOME WITHOUT ANY REMORSE. THERE IS A LOT OF GUM FLAPPIN ON THIS SITE BUT WHO HAS ACTUALLY GONE UP AGAINST THESE THIEVES AND MADE THEM PAY FOR THEIR MISTAKES?? WHO? ANYONE??

  175. @James – you don’t need to know a lawyer to fight this. You just need to do your homework. Everything you need to fight this is out there. You just need to spend the time and have the patience to find it. That’s what I did for my parents.

  176. PA – Wells Fargo

    We just got done challenging a summary judgment on appeal and concurrently were waiting for proof that they owned the note. Finally got word they had the note and at the same time, the case was remanded back to lower court.

    Here’s what you NEED TO DO when they say they have the note – REQUEST AN IN-PERSON INSPECTION OF THE NOTE.

    As soon as we did that, they requested that the summary judgment be vacated and we withdraw our appeal. (IOW – they don’t HAVE the note!!)

  177. is anyone here from Pa. who has world savings , wachovia , wells fargo

  178. forget about it? you can’t win! the banks have the cards, they are the house, nothing we can do can stop the lies and straight out BS that they can get away with. They break laws every day and no one will win UNTIL someone BIG decides to step in and help, and WE ALL KNOW THAT’S NOT GOING TO HAPPEN. THE Prez is full of SH!& and the banks have all the money in the world ( our money) to defend themselves against us? how’s that? They can lie in court and get away with it because the court doesn’t want us to win either. think of the backlash it would cause if we proved them wrong, banks would go under so fast. All the property they STOLE from us illegally and we just let it happen because we can’t fight it, we don’t know how? if it was insurance fraud we’d have a zillion lawyers jumping in since theres a lot of money to be made. but so far unless you have a cousin, or son or brother who’s a lawyer?? your screwed! i couldn’t even PAY someone to take my case? they all said, forget about it and MOVE ON? how about that? good luck and God bless, at least you have your health!!!

  179. Also, if anyone has a document signed by Joan M. Mills at Wells Fargo, could you PLEASE contact me at KPPI2U@gmail.com? Thanks! I don’t think she truly exists.

  180. Suggestion: Compare your Deed of Trust as originally recorded at the Recorder’s Office with any “copies” that you have received since. See if the original loan number has been whited out. Not really a true copy of the original then, is it? Check the Note as well. Contact me at KPPI2U@gmail.com if you’d like to compare or discuss.

  181. Wells Fargo loses because it didn’t prove it was the owner of the note. Appeals ruled that the trial court was correct.
    Read the case on Leagle:
    http://www.leagle.com/xmlResult.aspx?page=5&xmldoc=In+TXCO+20110512737.xml&docbase=CSLWAR3-2007-CURR&SizeDisp=7

    WELLS FARGO BANK, N.A. v. BALLESTAS
    WELLS FARGO BANK, N.A., AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004 ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WHQ2, Appellant,
    v.
    LAUREANO A. BALLESTAS AND HERMINIA BALLESTAS, Appellees.

    No. 01-10-00020-CV.

    Court of Appeals of Texas, First District, Houston.

    Opinion issued May 12, 2011.
    Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

    The judge kicked them to the curb!
    God Bless TEXAS!

  182. Folks its chain of title, A, B, C, D, or your gonna not be able to cast shawdown on the authenticy of the documents the plaintiff is presenting to COURT.

    SCARY,
    NYC COURT RULING CONFERS ‘BROAD POWERS’ UPON MERS

    COURT RULED IN FAVOR OF BANK OF NEW YORK IN FAVOR OF MERSCORP INC

    HOMEOWNER BROUGHT A LEGAL CHALLENGE TO THE ROLE OF MERSCORP IN THE FORECLOSUE PROCESS.
    JUDGE LUCINDO SUZREZ (NOT THE REAL SUPREME COURT ONLY IN NY IS CIVIL COURT CALLED SUPREME COURT)

    DID THIS JUDGE HAVE ‘JURISDICTION’ TO RULE ON FIRST IMPRESSION LAW? AS RELATED TO A STATUTORY LAW NOT BEING FOLLOWED? IS IT TRUE THAT ONLY THE ATTORNEY GENERAL HAS JURISDICTION TO BRING SUCH A MATTER?

    ANY HEY ANYWAY, WHEN CAN A CONSUMER BRING BEFORE A COURT ANY MATTER INVOLVING A NATIONAL BANK ?

    BANK OF NEW YORK SOMEHOW PROVED TO BE IN POSSESSION OF SOMETHING THE COURT ACCEPTED AS EVIDENCE.

    REPORTED IN LOCAL TOWN JOURNAL.

    THE DEFENDANT OFFERED NO OTHER PROOF THAT THE MORTGAGE AND NOTE WERE NOT PROPERTY ASSIGNED!

    SEE HOW IMPORTANT EVIDENCE IS. THE DEFENDANTS MAY NOT HAVE REALIZED THEY WOULD LOSE TO FALSIFIED DOCUMENTS BECAUSE THEY ARE NOT IN POSSESSION OF THE EVIDENCE TO CASE SHADOWS!

  183. check this out…

    SEC in the matter of Wells Fargo

    http://www.sec.gov/litigation/admin/2011/33-9200.pdf

  184. I JUST CAME ACROSS THIS BLOG AND IT HAD ALOT OF INFORMATION. THIS LAW FIRM IN L.A. HELPS HOMEOWNERS FIGHT BACK WITH A MASSIVE LAWSUIT AGAINST WELLS FARGO/WACHOVIA (FINALLY). THE LAW FIRM NAME IS KRAMER-KESLOW. THE BLOG CAN BE FOUND AT:
    http://wfhmcaught.blogspot.com.
    HOPE THIS WILL HELP SOME OF YOUR READERS. I LOST MY HOME TO FORECLOSURE ON SEPTEMBER 6, 2010. LIFE HAS BEEN BUMPY BUT IM SURE IT WILL GET BETTER.
    I ALSO WANT TO SAY SHALOM TO ATTORNEY GARFIELD. TODAY ON APRIL 19, 2011 MAKES A DAY OF PEACE AND BLESSINGS. HAPPY PASSOVER.
    SINCERELY,
    LAURIE MENDOZA

  185. Please, someone explain How we the people are allowing these banks to get away with this??? We know that the banks are wrong, we know the banks cannot produce the original note, we listened to 60 minutes and the government knows the banks are wrong and they still get away with it. And people that are so afraid just leave their homes and the banks make even more money on the houses.
    WHAT ARE WE DOING? WHY CAN’T WE GET ANY ATTORNEYS TO HELP US? IF WE HAD THE MONEY WE WOULD NOT BE IN THIS MESS. WHY WHY WHY???

  186. In continuance of my first email, the lender of which I speak of is, Wells Fargo. I have recently asked them to produce the note to prove that they are the legal owners of my property. They told me that, in the state of wa they are not required, and that I can be assured the orginal is on file.

  187. Hello, my story is this. I was paying on time for 15 years on my house. I called my servicing agent to inquire if I can make my house payment at the end of the month instead of the 1st, so technically within 30 days. The servicer said, that woiuld be fine and not reported as late as within 30 days. All what would happen is I would be accessed a late fee. They told me that I have never been late on my mortage and would not be a problem. That information is correct. I lived at this address for 15 years and never been late. The lender proceeded to inquire about what was going on and if they could help. I told them my husband is very ill and I just could not make the payment on the first and was concerned as I never have been late. They said,” Have you heard about our HAMP programs”? I was not famiilar with these, but they convinced me it would be the best thing and it is offered by the government which they could clearly see I qualifed and would be approved. So, they moved my payment up as they told me that it woiuld not start until the following month, so no pymt would be due and I could skip a whole month? It would also show modication on my credit report as this was my concern as well. Six months later, they said I was not approved and that I owed around b$18,000.00. Payment due within 30 days. Question: How can they put you on a loan, and say your approved, then several months later state you are not? How did they come up to a figure like that, when I was only paying maybe $200.00 less per month? Well, long story short. My husband is not better, my house is being sold at an auction on the steps of the courthouse in washington in June. Sad irony of this is,I made my payments on time and never would of gone on this program if they did not reccommend it. I was fine before. I wish I could turn back time to not have ever made that call that day. They continue to send me modifcation paperwork but not doing anything with it. Is there any attorneys out there that can make sense of this litigation nightmare? Who are these people and why does the govermernment not put controls in place, for, WE THE PEOPLE,… Thank you for listening

  188. LITIGATION SEALED! INVESTOR CLAIMS ARE BROUGHT IN SECRET SO AS TO CONCEAL THE FRAUD COMMITTED BY WELLS FARGO!

    If you needed more evidence of the collusion between state officialsand big banks committing “fraud on the market”, this is it.
    THEY MUST KEEP THEIR OWN KNOWLEDGE OF THE FRAUD A SECRET, OR IT WOULD CONFIRM THE SUSPICIONS OF THE GENERAL PUBLIC: IT’S THE HOMEOWNER/BORROWER/TAXPAYER THAT’S GOING TO BEAR THE LOSSES.

    IN RE WELLS FARGO MORTGAGE-BACKED CERTIFICATES LITIGATION.

    Civil Action No. 09-cv-01376-LHK (PSG).

    United States District Court, N.D. California, San Jose Division.

    March 22, 2011.

    ——————————————————————————–

    ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS IN CONNECTION WITH LEAD PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
    [CIV. L. R. 7-11, 79-5]
    LUCY H. KOH, District Judge.
    The Court, having read and considered the Administrative Motion of Lead Plaintiffs, Alameda County Employees’ Retirement Association, Government of Guam Retirement Fund, New Orleans Employees’ Retirement System and Louisiana Sheriffs’ Pension and Relief Fund, to File Under Seal Materials In Connection With Their Motion For Class Certification, and the Declaration of David R. Stickney filed in support of the motion to file under seal, and good cause appearing, the motion is hereby GRANTED.
    The following materials filed in support of their Motion For Class Certification shall be filed under seal:
    a. Exhibits 3, 4, 5, 7, 8 and 18-20 attached to the Declaration Of David R. Stickney In Support Of Motion For Class Certification (“Stickney Declaration”);
    b. Portions of the Memorandum Of Points And Authorities In Support Of Lead Plaintiffs’ Motion For Class Certification and the Stickney Declaration which quote or refer to materials claimed to be “Confidential” or “Highly Confidential.”
    IT IS SO ORDERED.

  189. Monday, February 28, 2011 1:39 PM

    Wells Fargo Foreclosures Under Investigation

    Government agencies are investigating Wells Fargo & Co.’s foreclosure practices, and the company says it will likely face penalties from how it handled many foreclosures.

    The investigations center on whether the bank violated fair-lending laws and if it followed proper procedures with its foreclosure affidavits, according to filings with the Securities and Exchange Commission.

    “With regard to the investigations into foreclosure practices, it is likely that one or more of the government agencies will initiate some type of enforcement action against Wells Fargo, which may include civil money penalties,” Wells Fargo said in its filing.

    The bank also faces seven class-action lawsuits as well as several individual-borrower lawsuits, which mostly accuse Wells Fargo of submitting fraudulent affidavits or other documents to foreclose on homes.

    Wells Fargo says it may face as much as $1.2 billion in losses from the lawsuits.

    Source: “Wells Fargo Says Being Investigated, Could Face Penalties on Foreclosures,” Associated Press (Feb. 25, 2011)

  190. Hagens Berman Joins Class-Action Suit Against Wells Fargo as Co-lead Counsel
    SEATTLE, Feb 25, 2011 (BUSINESS WIRE) — Hagens Berman, a nationally recognized law firm with extensive experience in home foreclosure lawsuits, has joined a suit against Wells Fargo /quotes/comstock/13*!wfc/quotes/nls/wfc (WFC 32.40, +0.96, +3.05%) as co-lead counsel in a case alleging that Wells Fargo extracted payments from defaulted mortgage customers by falsely promising them the opportunity to retain their homes through an illusory forbearance-to-modification program.

    The case, filed on April 19, 2010 in the United States District Court for the Northern District of California, claimed that the nation’s fourth-largest bank duped thousands of Californians into agreements that were designed to give the impression that the bank was offering a trial loan-modification program to assess their ability to make regular, reduced payments. In fact, the lawsuit claims that the bank never intended to modify the loan.

    According to the suit, the vast majority of those who participated in the program lost their homes to foreclosure despite following the terms of the agreement.

    The forbearance-to-modification program was offered to homeowners, who submitted financial information to Well Fargo, in form letters saying the bank had “good news” about their loan. The letters contained other language designed to convince homeowners that the plan could save their homes from foreclosure, the suit states.

    “We are representing thousands of homeowners who fell victim to all sorts of nefarious lending practices, and this has to be one of the worst,” said Steve Berman, co-lead counsel for the plaintiffs and managing partner of Hagens Berman. “We intend to show that this forbearance program is nothing more than a sham, a way for Wells Fargo to extract revenue with no intention of providing homeowners the opportunity to hold on to their homes.”

    On Jan. 3, 2011, United States District Court for the Northern District of California Judge Joseph C. Spero ruled against Wells Fargo in its motion to dismiss the suit.

    Hagens Berman seeks certification of the lawsuit as a class action. Eligible class members include Californians who received a form letter from Wells Fargo, which offered the “opportunity to retain [their] home … [b]ased on the financial information [they] provided.” The letter also came with an agreement, which offered a modified payment plan for several months as “a trial period showing you can make regular monthly payments.”

    Members of the class include Californians who signed the agreement and made the monthly payments on time, only to have their property foreclosed upon by Wells Fargo.

    The case was originally filed on April 19, 2010, by the Law Office of Peter Fredman and the Law Office of David Pitvorak. Steve Berman and Tom Loeser of Hagens Berman are joining the suit as co-lead counsel.

    Hagens Berman believes the letter and agreement that Wells Fargo sent homeowners were misleading and seeks restitution of the payments they made as part of the agreement. Hagens Berman also seeks the recovery of all other funds or property lost as a result of Wells Fargo’s alleged illegal activities.

    If you signed a forbearance agreement with Wells Fargo, paid your payments on time and in full, and your home was then foreclosed, contact Hagens Berman at WellsFargoMortgage@hbsslaw.com or call 206-623-7292 for a free consultation.

    About Hagens Berman

    Seattle-based Hagens Berman Sobol Shapiro LLP is a national class-action and complex litigation law firm founded in 1993. The firm fights to protect the legal rights of consumers, investors, employees and whistleblowers in large, multi-state lawsuits. More about the law firm and its successes can be found at http://www.hbsslaw.com.

    SOURCE: Hagens Berman

    Firmani + Associates Inc.
    Mark Firmani, 206-443-9357
    mark@firmani.com.

  191. I have only one day left to figure out how to answer! A summary judgement will be given to Wells Fargo even though we had a Pick a Payment and they settle for fraud in the state of NJ…how are they winning? We, like everyone else, can get no help from Legal Services and can not afford a lawyer or even get a call back! We had a court date but their lawyers pushed for default judgement from our Answer. We OBJECT but how do we file the paperwork?!?!? S.O.S.

  192. Here’s The REAL Reason CFO Howard Atkins Abruptly Left Wells Fargo
    Courtney Comstock | Feb. 16, 2011, 10:25 AM |

    It turns out that there might have been more to the “personal reasons” that Wells Fargo cited as the reason Howard Atkins, the former Wells Fargo CFO, abruptly left the firm last week.

    Chris Whalen, an analyst, wrote in his recent report on Wells Fargo, in which he downgrades the bank from “neutral” to “negative,” that the CFO left because he’s involved in an “ongoing internal dispute” regarding financial disclosure, according to the Street.

    The dispute has, according to Whalen:

    “[Caused] some officials of [Wells Fargo], increasingly uncomfortable with the bank’s aggressive public disclosure regime, [to reach] out to regulators because of concerns regarding accounting issues.”

    The accounting issues are related to the bank’s mortgage-related loan loss exposures, according to the analyst, who writes:

    “While [Wells Fargo's] peers among the largest banks have increased written and oral disclosure regarding loan losses and related data during the past three years, [Wells] consistently has stonewalled the investment and analyst communities.”

    Whalen is said to have written a “strongly worded” 4 page report on the bank and said that its “public behavior suggests significant problems in the bank’s internal systems and controls as defined by the Sarbanes-Oxley law.”

    He suspects that Wells Fargo is reporting loss rates that are far too low.

    “Simply stated, the loss rates are far too low compared with loss experience visible on RMBS and whole loans.”

    This sounds an awful lot like the kind of stuff that went on pre-crisis. Click here to check out 11 examples of crazy things that happened inside banks before the financial crisis >

    Read more: http://www.businessinsider.com/howard-atkins-fo-left-wells-fargo-because-accounting-dispute-2011-2#ixzz1EAafeluv

  193. If you live in California and signed into a Special Forebearance Agreement from Wells Fargo, please contact me at KPPI2U@gmail.com.

  194. Yo yoyoyo.. don’t even answer this BUM! thats all he wants is to get a rise out of us. the best thing is to ignore it! and it will go away, just like a pile of shit in the rain.. later..

  195. What a loser that FedUp person is. Definitely, that is someone who is working for the banks.

  196. Hey fedup if we are so irresponsible how come my tax dollars and we’re talking billions went to bale out these big banks like Freddy mac Fanny may, Oh and they were asking for more money for your information. You are a class a dip shit. Wake up and look around you fool. If these banks weren’t so greedy and let so many people get these loans when it was evident that it was a bad risk to do so. Why should my hard earned tax dollars go to baling them out when they skrewd the pooch. I got my mortgage before all this crap and made sure I could pay and I still went bankrupt. I am still paying my mortgage but its always late and I wind up with a late fee. Oh lost my job at the end of 08 because I need hip surgery. A condition that was brought on from my service in Desert storm. So tell me its my fault and I’ll tell you to stick it fool.

  197. guys, Guys, GUYS! don’t give this schmuck the time of day. I’m just glad I was first. He’s nobody.

  198. And oh, by the way, FedUp, I highly doubt you’ve done your best to try to understand ANYthing, let alone where borrowers are coming from.

  199. FedUp,

    Wow, I’m so impressed by how you really seem to have your finger on the pulse when it comes to why people end up in foreclosure. Seriously, REALLY impressive!

    You’re right, people get into trouble because they took out a loan they couldn’t afford. You’re right, there is NO possibility they’re in foreclosure because they took out a 650,000 loan with $4mil in the bank and one bad business deal later, they’re bankrupt. And their property is worth well over a mil at this point, but hey, there’s so many of those kinds of buyers out there right now, they can just sell that property lickety-split and move on. People are beating down their door trying to buy the property. NOT.

    Or that stupid person who has a $300,000 loan and a $250,000/yr job and suddenly, a month or two after closing, finds themselves laid off because, well, in this economy, that $200mil project they were in charge of suddenly loses funding. So they’re sent packing. And getting another job, well, gee, not too many companies out there willing to pay that kind of money. And even if the unemployed is willing to take a much lower paying job, they’re over qualified and no one will touch them with a 10′ pole for fear they’ll leave when the next better-paying gig comes along. So now they’re stuck, going through savings … and maybe they’re involved in a nasty custody dispute in addition to everything else going on. They’re bled dry and can’t get a job to save their life. And their ex is threatening to take their kids … and they still have to pay alimony because, after all, they’ve proven they’re capable of obtaining a $250k job. Even if they’re willing to take a hit on the capital gains taxes, a year or two later, they still can’t sell the house because, oh, by the way, the state decided to announce their plans to build a bypass that practically bisects their backyard. People are chomping at the bit to pay what the property was worth before the announcement. Yeah, right!

    Or that irresponsible borrower who has a $100k job and a $150k mortgage when he gets diagnosed with a rare cancer. He can’t work and disability is barely cutting it. He finds out they’re having success treating his rare cancer clear across the country, but the insurance company isn’t going to pay for the treatment because it’s only a trial – 3 years into the trial, but still. He has a wife and 4 kids to support. His medical bills are through the roof. Yeah, you’re right, the bank never should have given him that loan.

    FedUp, how about you go spout your amazing intellectual prowess where people actually give a sh!t about what you have to say … and where your opinions actually matter. I’m sure your dog would love to hear all about it.

  200. hey guess what! the Holy Wars were totally necessary? no such thing as a Dishonest Cop? Vietnam was fought for freedom? You can trust your kids with the Priest? the Gov’t would NEVER lie to you? Guns don’t kill people? Put your money in the bank, it’s the safest place? I’ll still respect you in the morning? JUST THOUGHT I’D ADD SOMEMORE BULL S&%T TO READ.. wish i had as much CRAP to say as that other JACKA$$ .. I wonder how the air is UP there where you are?? OOPs! my joint is going out?? I need a match!

  201. FED UP, thanks for the proof that most people (like you) have your HEAD UP YOUR ASS when it comes to the whys and whats. The loan was made to fail. Pure and simple.

    There would be no need for falsified asset and application statements if the loan was made to run to fruition (30 years). There would have been no need for fraudulent appraisals if the values were really there.

    Thanks for your input. Now go have lunch with Steve Forbes.

  202. I have done my very best to try and understand where borrowers are coming from in this day and time, but it’s getting so out of control, I can’t take it anymore.

    We live in a country full of “entitlement”. Everyone wants to point the finger at someone else and NO ONE wants to take responsibility for their own actions.

    Did it ever occur to you people even once, that the reason your homes are getting foreclosed on is because YOU DIDN’T PAY YOUR BILL? But people attitude now a days is that they shouldn’t have to pay their mortgage to remain in their home. Well, isn’t that a sweet deal!

    let me let you in a little secret…YOU sat down at the attorneys office for closing and read over your mortgage, outlining the loan amount, terms of the note, and YOUR OBLIGATION to repay the loan. If you chose not to repay the loan, you SIGNED an agreement the mortgage company could take possession of the property to secure their interest against the note.

    What likely happened is you took out a loan far too large for your income, based on what you anticipated happening in the future, i.e. raises, new job, increased income, increase in property value, etc…and when it didn’t work out the way you planned, you are not grown up enough to accept YOU made a mistake, NOT the lender or anyone else. That’s the problem with this country, no one owns up to their mistakes. Instead they start crying “the lender loaned me too much money, it’s not my fault they loaned me more than I could afford.” Here’s a wild thought, TAKE SOME RESPONSIBILITY FOR YOUR OWN ACTIONS. Instead of crying that the lender is in the wrong for allowing you to borrower too much money, how about owning up to the fact that YOU took out a loan that YOU couldn’t afford.

    Or another of my favorites, i see this mostly in bankruptcy cases, ” Motion to value collateral – my property isn’t worth as much as I owe on my loan, therefore i don’t believe i should have to pay the entire loan, and i want the court to make my lender reduce my balance to the current market value.” Are you **** kidding me? Please try to call the NYSE and tell them that your current shares of XYZ Corp are less than what you bought them for, and you don’t believe you should lose money, so you want them to either raise the price of the shares so you can get your money back. PLEASE so that, and then tell me how fast you get laughed off the phone. Purchasing a home is an investment just like a stock, it may go up or down in value, thats the risk you take when you sign the mortgage. You do not have the right to cry about your investment decreasing in value and now you want your lender to reduce your obligation so that you’re even again. Wow, I;m at a loss for words, thats all I can really say without sounding obscene.

    And finally, the article above…Wells Fargo “duped” me into a loan mod to stop foreclosure. You are so correct on this one. Your lender cared enough about the American homeowner that they doubled, and sometimes tripled or more their loss mitigation staff in order to try to save borrowers homes. I’m sorry if it offends anyone, but you people make me sick physically. Your lender has NO OBLIGATION to offer you any type of loan modification. In my personal opinion, if this is the thanks they’re going to receive I wish all lenders would simply stop offering mods, and start foreclosing on all you deadbeats who don’t want to take responsibility for your own actions.

    Just a little fun fact for you who think that your mortgage companies are evil and only want to take the poor american’s home away and laugh while doing so: The average delinquency of a property foreclosed on by Wells Fargo was 16 months behind in payments. That means, on average, Wells Fargo gave homeowners 1 year, and 4 months to either complete a loan mod, pay their mortgage current, or sell the property before foreclosure. Let’s look at it another way, Wells allowed the average borrower who lost their home to live in their property free for 1 year, and 4 months before FINALLY giving up and foreclosing. I’m sure you wacko’s will find a way to spin that to the negative as well, so whatever.

    Last fun fact…your mortgage company does NOT want your house back. banks are in the business of lending money, not flipping real estate. This is exactly why Wells Fargo gives the avg foreclosure 1 year, 4 months to work something out before taking the house. THEY DON”T WANT YOUR HOUSE! What they do want….is for your to take responsibility as an adult and PAY YOUR BILLS. But that’s clearly too much to ask of the average american homeowner now a days.

    instead, you look for every single little random detail and try to pick it apart an exploit it to your benefit. Guess what Pick-a-payment customers, you knew that choosing the least amount you could pay was not going to satisfy your mortgage, that option was meant to HELP YOU OUT IN A BIND if you came up short one month, (again bad, bad, evil lender for offering borrowers some help in a bind) but instead of using it the way it was designed, YOU chose to pay the lowest you could every month, likely because you took out a mortgage that was too much for you, and based your ability to pay it back on what the lowest amount you could pay every month without going into default. And then when you noticed you’re property value going down, and your payment going up (because you haven’t even been paying the interest amount each month), you start crying unfair lending practices. Boohoo. How about you take responsibility for the fact that you took out a loan too big to handle, and made a bad decision.

    Just wait for the day when lenders stop loaning money to anyone without an 800 credit score and never missed a single payment, and the mortgage payment not to exceed 20% of their income. That’ll just give you cry babies something else to cry and sue about. Good Luck.

  203. From “Courthouse News Service” January 7, 2011

    Wells Fargo Loses Bid to Dismiss Fraud Claims
    By MATT REYNOLDS

    (CN) – Homeowners who say Wells Fargo Bank duped them into loan-modification programs to stave off foreclosure survived a legal challenge to their case in San Francisco federal court.
    U.S. District Judge Joseph Spero pared the class’s suit on Monday, rejecting claims for breach of contract but upholding allegations that the bank’s debt-collection practices were unfair, deceptive and fraudulent. He also permitted the plaintiffs to seek restitution for an installment payment they made in March 2010, since the bank had already foreclosed upon them by that point.
    Lead plaintiffs Gustavo Reyes and Maria Teresa Guerrero claimed that, after they defaulted on their mortgage payments, Wells Fargo offered to freeze foreclosure proceedings against them if they signed a modified loan agreement.
    But after they signed the loan and made payments over four consecutive months, the bank still foreclosed on their home.
    Wells Fargo asked the district court to throw out the suit, arguing that the homeowners’ breach contract and fraud claims were fatally flawed.
    Spero instead found that the homeowners may be entitled to damages under California’s Rosenthal Act, which protects consumers from improper debt-collection practices.
    “The court cannot say, as a matter of law, that the statements made in the offer letter would not have been misleading to the least sophisticated buyer in light of: the words ‘good news’ at the beginning of the letter; the language in the letter indicating that the agreement was being offered based on a review of the recipient’s financial information; the statement that foreclosure counsel would be instructed to delay foreclosure proceedings as long as the recipients made timely payments under the agreement; and the use of the words ‘trial period’ to describe the agreement,” the ruling states.
    While Spero tossed the homeowners’ contract claims for failure to state a claim, he upheld the homeowners’ claims under state law for unfair, unlawful and fraudulent business practices.
    “Because plaintiffs in this case made payments to Wells Fargo as a result of the business practice that is the subject of their unfair competition law claim, the court concludes that they have standing to assert such a claim,” Spero wrote.

  204. Pulled this down a few minutes ago:

    Wells Fargo pays $71 million in settlement arising from “pick-a- payment” toxic mortgages

    Chadbourne & Parke LLP Scott S. Balber and J. Carson Pulley USA December 21 2010
    Wells Fargo Home Mortgage (Wells Fargo) recently entered a settlement with New Jersey’s Attorney General and Division of Consumer Affairs stemming from allegations of fraudulent mortgage sales practices. Under the settlement, Wells Fargo agreed to pay approximately $71 million in loan modifications to an estimated 900 New Jersey residents, restitution, and payments to state programs to fight mortgage fraud and prevent foreclosures. The settlement concludes a New Jersey investigation into Wells Fargo subsidiaries Wachovia Corp., Golden West, and World Savings (collectively, the “Subsidiaries”) for potential violations of the New Jersey Consumer Fraud Act arising from allegedly deceptive marketing of the Subsidiaries’ “Pick-a-Payment” mortgage products. The settlement is part of a wider settlement that Wells Fargo has reached with regulators in Arizona, Colorado, Florida, Illinois, Nevada, Texas and Washington relating to the Pick-a- Payment products. Pursuant to the settlement with the eight states, it is estimated that loan modifications will be offered to more than 8,700 borrowers at a total economic value of over $770 million, with more than $400 million in overall principal forgiveness.

    The Pick-a-Payment Mortgages and the Consumer Fraud Act

    The mortgages at issue, referred to as the Pick-a-Payment products, allowed customers to select one of three payment options: (1) a fully amortizing 15- to 30-year interest and principal payment; (2) an interest-only payment; or (3) an even lower minimum payment. The Subsidiaries’ Pick-a-Payment mortgages were typically advertised by emphasizing the lowest minimum payment option feature. The Subsidiaries allegedly did not advise potential borrowers, however, that the minimum payment option was often insufficient to cover the interest on the loan. When borrowers’ payments did not cover the interest, it caused the outstanding principal balance of the loan to increase and to sometimes balloon out of control as the required minimum monthly payments also increased proportionally. As recognized by Wells Fargo in the settlement agreements: “In light of the Pick-a- Payment mortgage loan features, the dramatic declines in home prices, and rising unemployment, some Pick-a-Payment mortgage loan borrowers are unable to meet their mortgage obligations.” As a result, some borrowers lost their homes to foreclosure.

    The Subsidiaries’ alleged failure to notify potential borrowers of the effects the lower minimum payment feature could have on the outstanding principal balance was the basis of the New Jersey Consumer Fraud Act investigation. Section 56:8-2 of the Act states in relevant part:

    The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice. . . .

    Following its acquisition of the Subsidiaries in 2008, Wells Fargo began efforts to modify certain borrowers’ loans and, as of August 2010, the Subsidiaries’ Pick-a-Payment customers across the United States had already been granted almost $3.4 billion in principal forgiveness. Notably, Wells Fargo itself never offered Pick-a-Payment mortgages, and it has admitted no wrongdoing under the settlements with the eight states.

    The Settlement with New Jersey

    On October 5, 2010, Wells Fargo, the New Jersey Attorney General and the Division of Consumer Affairs entered an “Assurance” in which the parties agreed:

    New Jersey and Wells Fargo share concerns regarding the ability of troubled Pick-a-Payment mortgage loan borrowers to repay their loans. This Assurance sets forth a framework through which Wells Fargo will offer distressed Pick-a-Payment mortgage loan borrowers affordable loan modifications that include significant principal forgiveness.

    Under the settlement, Wells Fargo will pay $67 million in the form of loan modifications to an estimated 900 New Jersey residents who borrowed from the Subsidiaries under the potentially fraudulent Pick-a-Payment mortgages. The modifications will vary based on the unique circumstances of the mortgagee. Such modifications may include principal forgiveness, loan extension, interest rate reduction and principal forbearance. To incentivize borrowers to remain current on their loan repayments going forward, additional principal forgiveness may be awarded to those borrowers who stay current over a three-year period. In addition, qualifying borrowers will have the option of converting their mortgages into fixed-rate loans, and Wells Fargo has agreed to waive modification fees and prepayment penalties.

    An additional $2 million is to be paid by Wells Fargo towards restitution for qualifying consumers forced to leave their homes due to foreclosure or short sales between January 2, 2005 and December 18, 2010. Finally, another $1.98 million is to be contributed to programs designed to prevent deceptive sales practices by mortgage companies operating in New Jersey. In total, Wells Fargo is required to pay $24 million to the eight states to combat consumer fraud relating to mortgages.

    In addition to the settlement payments and expected loan modifications, Wells Fargo has promised to make various commitments to Pick-a-Payment borrowers to assist them with the modification process. These concessions include supplying telephone hotlines to assist consumers, deciding whether consumers are eligible for modifications within 30 days from completion of the application, and providing an official appeals process for consumers who are denied modifications, among others. The associated cost of these services will be borne by Wells Fargo.

    Implications for Mortgage Companies

    In the wake of the “toxic” mortgage-backed securities collapse and related economic recession, regulators remain focused on potentially fraudulent sales practices and associated investment and mortgage loan products. Such practices and products pose liability risk not only to the companies that offered them to consumers, but also to successor companies, like Wells Fargo, that acquire the risk as part of a corporate acquisition. The Wells Fargo settlements highlight the importance of pre-acquisition due diligence with respect to consumer investment and loan products, and the need to identify, understand, quantify and adjust for these risks prior to closing.

  205. PETER –

    If you’re still out here, I sent you an email yesterday. Sorry it took me so long. Explanation in the email.

  206. Just in case anyone is looking, here’s some info on the latest with SEC filing against Wells Fargo and other home mortgage companies.

    I searched Wells Fargo +SEC investigation +foreclosure.

    Wells Fargo Exec Admits Faulty Doc Review 10/4/2010 http://bit.ly/gknXTS

    SEC Goes Deeper in Foreclosure Fraud Exam 12/17/2010 http://bit.ly/h92VR9

    SEC Ramps up Foreclosure Investigation 12/17/2010 (Fox Business) http://fxn.ws/evRz5C

    SEC Sends More Subpoenas in Mortgage Probe 12/17/2010 (MSNBC) http://on.msnbc.com/hH734e

    SEC Sends More Subpoenas in Mortgage Proble, Big Banks Targeted 12/17/2010 (Huffington Post) http://huff.to/hw83S6

  207. JimmyJohn, I sent the affidavits to the Maryland Secretary of State, NOTARY DIVISION. That’s from where they originated (Wells Fargo, Frederick, MD). I also have the Wisconsin Attorney General taking my over-the-phone testimony on Wednesday. Hopefully this will lead to wire-fraud charges for those involved. And when the plaintiff attorney stated “Yes, your honor, the signatures are from ‘one and the same person'”: he stepped into it big time (SARBOX).

    If you have affidavits with different signatures, send them to the SOS from where they came. These States are not playing the same game the Feds are.

  208. what did you mean “I personally sent off my pleadings and the fraudulent affidavits today.
    who did you send it to? Please share, we can use all the help we can get .. Wells fargo needs to get all we can throw at them. I can’t believe what they have done to us and thousands of others.. thanks in adavance and have a GREAT holiday, at least best you can anyway .. I know we are gonna get through this somehow. I wish I had a lawyer in the family!

  209. EquitableMom, google “SEC” and “Wells Fargo” and there are several articles from different sources. I personally sent off my pleadings and the fraudulent affidavits today.

  210. usekarguy – can you point me to evidence that Wells is being investigated by the SEC?

  211. Wells Fargo home loans are being investigated by the U.S. Securities and Exchange Commission. The SEC wants to know how large banks process and secure home mortgages in the initial stages. Regulators have sent subpoenas to Wells Fargo, Citigroup, Bank of America, Goldman Sachs and JP Morgan Chase to disclose their mortgage practices in what has become an expanded probe of major players in the mortgage industry. Just a few months ago, financial regulators launched an investigation into the banks’ foreclosure processes after reports came out that they were churning out incomplete and ill-prepared foreclosure documents — forcing many Americans out of their homes. The current probe on Wells Fargo home loans looks at how the bank and others like it sold mortgages to investors. The SEC also wants to look deeper into the role of “master servicers”. These are financial entities that supervise and direct the selection and maintenance of mortgages like Wells Fargo home loans which are included in mortgage-backed bonds.

  212. Wells Fargo Owns 12.1% of SunTrust Preferred Stock

    December 14, 2010

    By citybizlist Staff

    ATLANTA — Wells Fargo (NYSE:WFC) disclosed through an SEC filing that it owns 12.06 percent or 832,225 shares of SunTrust Banks preferred stock.

    Wells Fargo, headquartered in San Francisco, is a financial services company that provides retail, commercial and corporate banking services through banking stores located in 39 states and the District of Columbia.

    SunTrust Banks, Inc. is a diversified financial services holding company which, through its principal subsidiary, SunTrust Bank, provides deposit, credit, and trust and investment services. Additional subsidiaries provide mortgage banking, asset management, securities brokerage, capital market services and credit-related insurance.

    As citybizlist reported, the company announced net income of $84 million or $0.17 per share for the third quarter 2010, compared to a net loss of $377 million or $0.76 per share for the third quarter 2009.

  213. Wells Fargo Settles Pick-A-Payment Suit For $50M

    Wells Fargo & Co. has agreed to pay $50 million to settle a class action claiming that so-called pick-a-payment home loans offered by its Wachovia unit violated the Truth In Lending Act.

  214. One would think that would constitute fraud. Oh, but it’s Wells Fargo, and their hands are clean. That works in a non-judicial state though. Heck, they can have two-year-olds sign. What a joke…a very bad one.

  215. I am contesting affidavits from one Jennifer Robinson, one (1st) notarized by Robin Notnagle, and another (2nd) notarized by Joseph J. Carriola. Just one problem, the signatures (squiggles) of the affiant don’t match. I guess my motion to vacate was strong enough to have them refile the 2nd one. This is fun, isn’t it?

  216. Wells has modified a lot of loans that are destined to default. They’ve only created delay. However, I find it VERY difficult to believe that they have a low default rate. The Alt-a loans are coming that were written in 2007.

    I might also add that the writer has stock in WFC as stated at the bottom of the article. I think Wells is in bed with a LOT of “higer ups.”

  217. The propaganda is what proliferates the darkess. Remember, Wells was the largest supplier of subprime capital to the secondary market. The opinions vary on the real exposure Wells faces as the deals unwind. Time will tell.

  218. Tonight’s forecast: dark, very dark, and then it will be followed by widely scattered light.

    http://www.bloggingstocks.com/2010/11/26/chasing-value-banks-barrons-and-buffett/

  219. how do I join the nationwide lawsuit against Wells fargo?

  220. STATE OF WISCONSIN
    DEPARTMENT OF JUSTICE
    Ms. Nelle Rohlich
    Assistant Attorney General
    17 W. Main Street
    P.O. Box 53707-7857
    Madison, WI 53707-7857

    Here’s some for you to contact in Wisconsin.

  221. My brother purchased a foreclosed home in 2009 in California. He has gone through difficult financial times and now is in foreclosure himself. He received an ‘substitution of trustee’ by MERS as the original beneficiary.
    The ducument is signed by none other than the infamous CHINA BROWN, VP of Loan Documentation and Carolyn M. Evans as the Notary out of South Carolina. The recording is requested by Servicelink, a division of Chicago Tilte Insurance Co and when recorded, mail to NDEx West, LLC in Addison TX. Anyone can help on this and what we can do would be greatly appreciated. Thank you. email micand04@verizon.net

  222. Re John Kennerty Carolyn Evans

    These are both wells fargo robo signer robo notary

    John Kennerty aka Herman John Kennerty gave a deposition where he stqates no knowledge of the papers he signed also he has 100s of job titles. Evans notary jurat is almost never filled out .indicates presigned notarization.
    Search Foreclosurefraud.org and get the depositions and job titles

    Ca pro se

  223. Hello Mr Garfield, I have been trying to work with my lender for almost 2 years. I have never been late on my house in the 14 years I have lived there, until my husband experienced health issues. I asked for a modification which the stated I would be approved for, but failed to qualify after 9 months of them bouncing me around with all these different payment amts. Now, this modification has gotten me behind, oweing several thousand of dollars which in my current situation, is not possible to pay back. I am a little perplexed and frustated withg my lender as I fill this was all done with the intentions on foreclosing anyways, when all along they kept telling me it looked like I would be approved. I found they are also inconsistent on the information they are requesting and down right lieing. Thank you for any assistance. My lender is ASC which is Wells Fargo. Our 2nd Mortgage is Beneficial. We are trying to fnd out the best course to take as they have sent me an accelerated letter recently and they are not applying my payments. Any help would be appreciated….

  224. 4EqltyMom,

    Can you please email me at KPPI2U@gmail.com? I’ve got all the same players and have been collecting docs, info, etc. I’m very familiar with Kennerty and have different signatures on Evans. Thanks.

  225. hey everyone! so I went on the site for the lawyer who is having my sale. The sale date has moved, but the really strange thing (and this is really strange) I went through 23 pages of sale listings and MY house is the only one LISTED TWICE and the only thing different is in the file ID which is the NOTS they added a couple of letters after the Original NOTS number? nothing is recorded with that new number in the county? ANY BODY GOT A CLUE ON THIS ONE? SemperFI happy vets day to all.. from a former Marine… 69-71

  226. I have Carolyn Evans notarizing an affidavit from John Kennerty. I think it’s one of those robo-signed affidavits because the info is incorrect.

    Does anyone know where Kennerty resides? Is he in SC (that’s where Evans is located)?

    Does anyone know, can a lawyer representing the Plaintiff (bank) also act as the representative for the original loan owner (WF) in the mortgage assignment? So essentially, she’s the VP of somethingorother for WF on the mortgage assignment (the Assignor), but she is also an attorney of record for GSR, the Assignee. Is this legal? Didn’t she essentially assign a mortgage she was responsible for … back to herself?

  227. I’m in Arizona and not sure of Robo-signers? it’s a SECOND HOME, wells put us on the HAMP program twice and WE DON’T QUALIFY FOR IT.. we made all the payments NOT KNOWING we didn’t qualify for it till after then they told us WE DIDN’T QUALIFY FOR THAT MOD.. imagine if you will ” WE PAYED 3 PAYMENTS IN A MOD WE SHOULDN’T EVEN BELONG IN” and still they win?? $3600. wasted for NOTHING? then they put us in it again? then we told them “WAIT” we don’t belong in this? we asked, WHAT ELSE YOU GOT? is it FRAUD? who knows? can we prove it? did they do it on purpose? just to get more money out of us? sucks to not have enough money to defend yourself, and then THEY WIN! ALL WE CAN HOPE FOR IS A CLASS ACTION SUIT… did I say hope? I mean, PRAY FOR ONE..

  228. I can completely understand your anger. But in light of all the fraud with the robo-signers…this might be evidence of the truth for later use. To be at that auction and SEE who is the TRUE seller and WHO is the TRUE buyer. It will be interesting to see if it’s the bank that buys it and outbids everyone and actually only pays $100 if anything. Are you in California? Did you try to Quiet Title? Also, if you know you have robo-signers, you might mention at the house that this house will be litigated, so buy at your own risk. This might dissuay potential buyers.

  229. Alex, I’ve got Carolyn Evans as a Notary. Do any of your assignments involve Pite Duncan? If so, please contact me at KPPI2U@gmail.com. Who was she notarizing for? Anything on Anna Wanta or John Kennerty or Joan Mills?

  230. can you tell me the reason? I can do it but will it make any sense to me to see this travisty of justice?? hopefully i would be able to contain myself and not nuke the whole place! 5 years of my life will go up in smoke at that auction, and 200k of our savings .. and we still feel it was fraud and pure robbery. 25 years we did biz with the F%$# bank! this is how they repay us?

  231. James, go video tape the auction and see who is selling and who is the buyer is if you can.

  232. Hey Guys, you know fri. they sell my house at auction, i I did the research it’s sure the whole investor thing is crap.. the deed of trust crap is BS.. even if they lie their ass off they will win.. I can’t afford a lawyer and they know that. Even though THEY ARE REALLY WRONG ON EVERYTHING, they will win! the system is designed so they win! the whole Covenent BS instead of a Contract BS is designed so THEY WIN! FREDDIE MAC says on thier website ” WE OWN YOUR MORTGAGE” and they will still win?? try proving the ” holder in due coarse” BS?? even when FREDDIE admits they own it? THEY WIN? with NO transfer on record? THEY WIN?? how is this possible? HOW IS IT POSSIBLE?

  233. Thanks Pete. look at some of the investor lawsuits and you will see what securities are involved. Wells was THE biggest supplier of capital to the worst of the subprime originators.
    The banks are unwilling to divulge that THEY are the investor, which kinda short-circuits the “holder in due course” protections afforded to the trustee bank-co-venturers. That’s why the investor is kept “confidential”. ‘D!(kS’

  234. Usedcarguy…LOL, well, you’re in a much better place there! Why is Wells skating by all the officials? In 2007, they were taking on 10-year interest only loans like crazy! Th Alt-A’s haven’t even hit yet! If I were to create a petition, does anyone have any ideas about what to include in it? I’d like to make it specific to Wells.

    I also have this idea of a place online where people can register their loan numbers and an email address for investors since the banks are unwilling to give them that info.

    I think it’s time we work together with them directly.

  235. Pete baby! I’m in Wisconsin. I’m a cheesehead now.

  236. Hey Usedcarguy, let’s get a movement going in California. You’re Wells, I’m Wells and we’re both in California. I’m amazed at how many people don’t have a clue about what’s goint on. Let’s get a petition going or something. Contact me at KPPI2U@gmail.com.

  237. To everyone who is a NEWBY, GREEN PEA, freshly defaulted, just unemployed and trying to head a problem off at the pass, OR you really, really believe that you can somehow, someway, make a good-faith effort to WORK THIS OUT with a mortgage servicer who is handling your loan: FUGGETTABOUTIT! There is no “good faith” in anything the banks are doing. NONE! Don’t try to negotiate, don’t believe anything you are told.! THERE IS NO HELP FOR HOMEOWNERS. Let me illustrate.

    I’m about 30 minutes into a phone call with an “Office of the President” representative (sounds impressive enough, huh? “I’m getting somewhere now” I think to myself, for about 3 seconds). As the call gets longer, the music-on-hold gets more and more “low key” (good thing, because I almost rubbed the fur off the top of the cats’ head I was so, you know, anyway)……. we’re just about to hear that “Windham Hill Sampler” music that makes you feel like committing suicide, and then……..

    Hello, Sir? Thanks for holding, I appreciate your……..

    “Madam,” I said, “please, before we go any further, please don’t lie to me anymore”

    I didn’t lie to you!

    “Well, you just told me there was no insurance on that loan.”

    There is no insurance product on this loan.

    “Yes there is! It’s in the SEC statements. It’s for 35%. You have been dinging the mortgage insurer since the December 06 notice of default!”

    WELL, YOU’RE NOT PAYING FOR IT!

    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _
    LET ME REPEAT! I know people like you. Mamby pamby, always “nice” to everyone, you want to believe in your fellow man, pure as the wind-driven-snow, you go to church, you’re paying your bills, but the budget just got too tight. If you could just get them to drop a little…., you know, for awhile. Things will get better and then……….., then maybe we can go back to……..

    STOP! STOP RIGHT THERE! THINGS WILL NOT GET BETTER! THAT’S NOT THE SUN ON THE HORIZON, THAT’S THE NEIGHBORHOOD 2 MILES AWAY BURNING DOWN!!!!

    Nothing will be done. It’s in your hands.

    THAT’S IT A-MAN. I’M GOING ALL-CAPS FROM HERE ON OUT!

  238. OK, so my Complaint is filed! we are going after Wells for putting us on a HAMP and they were aware IT WAS A SECOND HOME and NOT eligable for that. and they accepted ALL 3 PAYMENTS.. Then after told us OOPS! we shouldn’t have done that? what do you think? to add to that they put us on a a HAMP A SECOND TIME? can you say BREACH OF CONTRACT? any other IDEAS? we love to hear from you.. we wish we had a lawyer for this one?

  239. Affiant Jennifer Robinson, who has her signature notarized in Frederick, Maryland, is the Database administrator in Baton Rouge, Louisiana. Hmmmm. She must travel a lot. My state AG will like this one.

  240. I wonder if anybody can help us. We’re in Michigan. We missed three payments with WF when my husband lost his job last year for six months. He got it back in Jan 2010 and informed WF we would need to work on a repayment plan to pay back the three we missed.
    We received a letter asking for $1378 to be “considered” for a loan modification. We sent the money, they sent it back saying that it wasn’t the full amount outstanding and filed for foreclosure after only three payments.
    We retained a housing counselor and filed all the financial information they requested FIVE different times. They called us ten times a day, refused to talk to me, but were given our housing counselor’s number and husband’s cell phone.
    Our foreclosure was postponed in May, June and July. WF called demand $3953 in four days again to “consider” us for a loan mod. They wanted us to wire the money to them on Sunday August 1st., no paperwork, receipt or guarantees that we would get a mod. We didn’t send the money and they sold the house three days later.
    We filed complaints with our AG, with the OCC and numerous congressmen and agencies. WF responded to the OCC complaint, saying that they couldn’t get a hold of us and we never filed the correct paperwork. That’s why they sold our home at the sheriff’s sale! Oh and they claim they have no record of the requests for money. We were told by an attorney locally that it was “blood money”.
    My question is: can they request money to be considered for a loan mod? Or is it only for HAMP that it’s illegal?
    I also need any and all help and/or suggestions to save our home before the redemption period is up in February.
    We are ABLE to pay our mortgage payments and more if they would just spread out the outstanding amount.
    They told us we could reinstate the loan if we could come up with the $20,000 outstanding but of course can’t find someone to lend it to us with ruined credit.
    HELP!!

  241. Thanks, Bloomberg News:

    A bankruptcy judge in Manhattan refused to allow Wells Fargo Bank NA to foreclose on a homeowner because the bank couldn’t prove it owned the note and mortgage.

    The homeowner, an individual in Chapter 7 bankruptcy, admitted owing $355,400 to San Francisco-based Wells Fargo on a first mortgage on her home. The bank filed a motion seeking a modification of the so-called automatic stay to permit foreclosure.

    U.S. Bankruptcy Judge Martin Glenn held a hearing on Oct. 20 and denied the motion in a written opinion on Oct. 27, saying Wells Fargo failed to prove it owns the note and mortgage.

    The mortgage originally was made in favor of Lend America. There was evidence that the mortgage note was assigned immediately after it was made to Washington Mutual Bank FA. Glenn said there was no evidence to show the note had been assigned to Wells Fargo.

    To foreclose requires proving ownership of both the note and mortgage. For lack of evidence of ownership of the note, Glenn refused to allow Wells Fargo to foreclose.

    Although Glenn said the bank “arguably” proved it owned the mortgage, there were problems with the mortgage as well.

    While the mortgage was initially assigned to Mortgage Electronic Registration System Inc. as agent for Lend America, Glenn said there were “issues” regarding the assignment of the mortgage by MERS to Wells Fargo. An officer of MERS signed the assignment in Florida while his signature was notarized by a notary in South Carolina.

    At the hearing, Glenn queried the bank’s counsel about the mortgage assignment. Glenn’s opinion said the bank’s lawyer “was unable to answer any questions about the supporting documents.”

    While Glenn denied the motion to permit foreclosure, he is allowing Wells Fargo to return to court when the documentation is cleared up.

    The case is In re Mims, 10-14030, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

  242. http://www.bloomberg.com/news/2010-10-27/wells-fargo-finds-foreclosure-lapses-will-file-more-affidavits.html

    Can anyone sing “SEND LAWYERS, GUNS AND MONEY! THE SHIT HAS HIT THE FAN! YEAH!”

    Uh, yerronnnerrrrrr, Respectfully submitting this here Motion to Dismiss and Motion to Reopen for Claims Maturing After Pleading.

  243. Kristin – I did get your e-mail and have sent a reply. E-mail me back if you need anything else.

    Steve

  244. RE the comment from: Steve, on September 14, 2010 at 4:56 am

    Hi,

    My name is Kristin and I just wanted to let you know that I sent you an email to your direct email address you listed in that post (desrste@gmail.com). I don’t know if you will see this comment on here or not but I figured I would post it so if you did and then you saw my email you wouldn’t just delete it ;-)

    Just a question regarding what you posted. Hope you can respond.

    Thanks,

    Kristin

  245. How does one apply for the class action lawsuit?

  246. I filed a suit pro se for declaratory and injunctive relief against World Savings bank, fsb which had been bought out by Wachovia and became Wachovia Mortgage fsb claiming that the power of sale provision was unconstitutional. The district court dismissed my case for failure to state a claim. I appealed to the Ninth Circuit applied for a pro bono representation and was denied. The court did not render an Opinion for 14 months. Meanwhile I sought a preliminary injunction pending determination but was denied 2 to 1. Wachovia Mortgage moved to remove me using the trustee sale provision scheduled September 10th. No one purchased it. October 10th the bank purchased the property and moved to evict me. During the eviction proceedings the Ninth Circuit rendered it’s decision dismissing my case stating that Wachovia Mortgages was a private corporation not subject to the 5th amendment restraint. I could not compete with the coercive tactics. If I were evicted I could not rent anywhere. The issue of damages could not have been raised in the declaratory and injunctive phase until I was foreclosed on. Question: Does a subsequent suit for damages for deprivation of property without due process considered barred by res judicata? Does California Code of Civil Procedure 1062 allow me to sue for damages based on the same facts? California code of Civil Procedure states:

    The remedies provided by this chapter are cumulative, and
    shall not be construed as restricting any remedy, provisional or
    otherwise, provided by law for the benefit of any party to such
    action, and no judgment under this chapter shall preclude any party
    from obtaining additional relief based upon the same facts.

    Let me know.
    Question:

  247. James. this is the “standing” issue we all talk about. My loan recorded in county records under Wells Fargo Home Mortgage. HSBC as Trustee comes along to file the foreclosure, even though Wells is “behind the curtain” of holder in due course. Motion to Dismiss for lack of standing.
    I am not a lawyer, but I used to play one around the house. Get a real lawyer to work your case.

  248. One question and PLEASE if you know the real answer PLEASE respond. Freddie mac OWNS my loan, Wells fargo services it, shouldn’t Freddie Mac be filing a foreclosure on me? if title of my loan was transfered to freddie Mac from Wells fargo shouldn’t it be recorded in the County recorders office? if it isn’t then does Wells Fargo have the right to foreclose on me? PLEASE, I’m tryin to write a complaint to file and I really don’t know what I’m doin but seems to me if Freddie Mac “SAYS” I own your loan, somewhere they must have take title and signed power to Wells to foreclose on me? Does this seem wrong to you? THANKS IN ADVANCE.

  249. Mortgages, I certainly hope you’re not trying to sell us on Wells Fargo. I’ve got more than a few fraudulant documents I could show you. One of the most guilty, but appears to be in bed with the government.

  250. Wells Fargo is one of the major Bank in US and its has various sectors in the service which they provide to the customer with the low interest rate.
    ——————-
    Taylor

  251. This is a wonderful opinion. The things mentioned are unanimous and needs to be appreciated by everyone.
    I appreciate the concern which is been rose.
    ——————-
    Taylor

  252. Found some interesting facts on Dana Heisel..if anyone needs a great example case I’ve got one.

    Anyone, keeping a running list of Notary names and which bank they are signing or have signed for? I’m starting to compile on….if anyone wants to work on this with me I’m down.

    :)Alex
    Paralegal for The Thomas Law Firm PLLC
    Falls Church, VA

  253. Anyone heard anything further on Carolyn Evans…Notary Public form SC. I’m getting a bunch of sale assignments from her for Wells Fargo???

    Thanks!

    Alex

  254. WE HAVE BOA-WELLS FARGO BAD PAPERWORK CALL THE LAW OFFICE OF GEORGE E.BABCOCK AT 401-274-1905. WE WILL SHOW YOU THE PROOF. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  255. Forget the class action, go get a contract/real estate attorney and get your suit filed on your own.

    Listen up, kiddies!

    These lawyers and judges have been hearing that “BLAME THE BORROWER” shit for three or four years. It took a long time for the truth to even START to emerge.

    If you have been foreclosed upon starting with a fraudulent loan through predatory servicing and subsequent fraudulent foreclosure, YOU HAVE AN AUDIENCE! The lawyer

  256. hey everyone!! I am in NEED of a template or help to be able to file a complaint in AZ to get a lawsuit started.. any help would be greatly appreciated..

  257. Wells Fargo is claiming that they have no problems with their documents. I have proof otherwise with all the same robo-signers. Perhaps they’re trying to sell as many homes as they can in foreclosure to pocket all the money.

  258. Where do apply for the class action lawsuit?

  259. Having a problem with my WF HAMP program….need someone to talk to. I’m a single mom, working part-time now.

  260. HAVE A GREAT WEEKEND! MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  261. I wonder if anyone would be able to verify my suspicions regarding foreclosure by Wells Fargo. I helped the owner write up letters to the CFO, in an attempt to create a contract with him, privately, by claiming “is it not true that I am the grantor of the trust? Is it not true that as grantor, I have the power to transfer Power of Attorney, to modify the note, etc? Your failure to respond with proof to the contrary will constitute your agreement to the above.” She went thru a process entailing three letters, witnessed by a notary, who issued a certificate of non-response. Then she added ‘any attempt or threat of foreclosure without a court order will incur a fee of $XXX (US silver) per occurrence.’ It’s been 20 months since she made a payment, and they have not attempted a foreclosure in 15 months (at which time we stopped them with the threat of court action in the nature of an injunction to halt the sale, permanently.) I don’t know if this is what actually worked, but aside from the law firm making occasional, bogus foreclosure threats, so far, so good. It required a good bit of learning about contracts, notary mailings, and trusts, but it’s straightforward, and apparently, it works! It would be a great defensive strategy if you’re NOT in foreclosure, or in earlier stages, but you need about 60 days to complete the process.

  262. Thanks Jeff! I actually did and printed out every document. Wells just transferred title. To HSBC out of date order and it’s not been assigned to the Trust name that it was put into…it’s a similar name, but not the same entity. The Trust is no longer reporting, but I’ve found several if the funds that purchased the certificates or bonds. One is Morning Star. So, we now have title issues.The lender was not licensed to lend in California when we got our loan. We got the Robo-signers, etc but can’t find an attorney who will take on the case on a contingency basis in California. I thought Stewart Title was supposed to cover legal fees surrounding all of this, but the attorneys say no.

  263. Peter,

    Go to sec info site. Type in Wells Fargo Alternative Loan 2007-PA3. You should find all the info there.

  264. I’m looking to find out the same information on Wells Fargo Asset Backed Secuities WFALT 2007-PA3 Certificates. The original Trust name was Wells Fargo Alternative Loan 2007-PA3 Trust. Also in California.

  265. Has anybody successfully challenged “Mortgage Pass-Through Certificates” to foreclose on their property? My understanding is that these certificates and their investor lack the title ownership therefore they cannot foreclose. This is the same situation as MERS. Is there a class action lawsuit against them?
    I am specifically interested on Wells Fargo Asset Securities Corporation certificated. My loan is part of WFASC 2005-AR10. My property is located in California.

  266. Here we go, Stan! It’s starting to blow up in their faces! This is what I’m waiting for to occur:

    Wells Fargo Hit With Mortgage Class Action

    A couple have accused a Wells Fargo Bank NA unit in a putative breach of contract class action of extracting payments from defaulted residential mortgage customers in California by promising them a chance to keep their homes through a bogus forbearance-to-modification program.

    This is the extortion I’m talking about.

  267. EVENING,is there any benefit of me accidently having the ORIGINAL DEED OF TRUST that was accidently sent to me instead of the bank after recording? anybody know? thanks

  268. If your property is in Massachusetts, e-mail me and I can give you the name of an attorney that might be able to help you. I went through the same thing and it took me over 2 months to find an attorney that would take my case.

  269. OK! I’m in arizona and I’ve been on the phone and on the internet for months, I’ve spoke to a half a dozen lawyers and it’s like they have NO interest.. paid $150. for a consult and got NOTHING but bad news.. went on 3 free consults.. spoke to many more on the phone.. NO one wants to bother and if you think i can spend 1k on a guy who is just gonna say ‘ the bank can do whatever they want” which is what they all have said so far?? I can’t believe i can’t find someone who might have some interest in doing something? seems like their all too busy to bother? I HATE HEARING ” YOU SIGNED A CONTRACT, YOUR BREAKING THE CONTRACT” but the bank HAD ME DO IT? i wasn’t late but couldn’t get help unless I was? and now I am and can’t get help? it’s a lose for them to take my home, NOTHING IS SELLING unless they give it away. sure I’m way upside down on it, but who cares.. we just want to stay in it. i’m preparing ANOTHER PACKAGE to send in AGAIN. I may lose it but I’m goin down fighting, SO I HOPE THERE WILL BE A CLASS ACTION SOME DAY FOR PEOPLE LIKE ME WHO LOST THEIR HOME EVEN AFTER FIGHTING TO KEEP IT.. i hate that they gave us the MOD we made the payments and then took it away.. that really hurt! and they blame the INVESTOR. FreddieMAC.

  270. Guys, forget the Comptroller of the Currency. They are the problem. As said on another thread, the problem is that they are not enforcing the laws already on the books (UCC, real estate, Securities and Exchange Act, etc.).

    St. James, you must scrape together $1000 and retain a bankruptcy lawyer/litigator. Get on the phone and talk to some of these guys/gals. What state are you in? Did you already get foreclosed on? Listen to me when I tell you Wells Fargo has no intention of granting ANYONE a loan mod that makes sense. Without principal reduction there is no modification. As they continue to extract (read EXTORT) monies out of you, they only intend to take your property and buy back that loan and then wash the title with a sheriffs sale. If you abided by the terms of the trial plan, refusing to grant a permanent mod may provide a cause of action for an attorney to pursue.

    What state are you in, James, other than the state of misery?

  271. Reuben / James,

    Reuben – I agree anything is worth a shot I wasn’t implying it was a waist of time (at least that was not my intention) but was more interested to hear if you had some info that would help and as you described it seems it has worked for some. AND anything is worth a shot!

    James, I was in the same boat as you and it was not until I got ahold of the Wells Fargo Office of the President Customer Service group that I made any headway. I don’t have the number in front of me but if you need it feel free to e-mail me directly at desrste@gmail.com. In addition to sending an e-mail to the White House as well, I also contacted my local and state rep’s as well as my state Attorney Generals office. I don’t know if anything played a part but I did end up with a modification. I’m 100% upside down and probably will never be able to sell my house but at least I got to keep the house and avoid a massive disruption to my families life…which ultimately was more important to me in the long run. If I can help please don’t hesitate to ask.

    Steve

  272. James, do you have any assignments that they sent to you? If so, who are the signors and Notary Publics? Who exactly is foreclosing on you…Wells Fargo? HSBC as Trustee for a certain Trust? Also, who is their attorney? You can email me at KPPI2U@gmail.com if you like. Perhaps we can compare notes.

  273. yoyoyoyoy I sent in the complaint! i will try almost anything! I don’t want to lose my house! I’ve even written the president of the US! NOTHING!! I’ve tried everything I can thnk of? I have NO IDEA what I can do? and if they (wells fargo) didn’t tell me to stop making payments 11 months ago I wouldn’t be losing my house.. NOW I CAN’T MAKE IT UP! and even if i did I still face a payment that’s too high for me NOW! a year from now who knows? but I don’t think I’ll get to find out with a sale date in 2 months from now! I’m 61, NEVER MISSED A PAYMENT ON ANYTHING IN MY LIFE! losing my job was one of the toughest things that has happened to me, I have recovered a lot in the last year.. it’s NOT FAIR! I watch my wife of 33 years cry to bed some nights? we may lose our home, Wells Fargo may take it from us, but 40 years ago in Vietnam all I looked forward to was going home. thanks for your support guys..

  274. Steve,

    The same issue was brought to my a real estate agent in which Wachovia mortgage was stonewalling her on a mortgage modification. I told her to complain to the Office of Thrif Supervision. She got her modification. What harm would it do james if he did complain to the Office of the Comptroller. He won’t get help if he doesn’t complain to them.

  275. Sorry I meant to direct that to Reuben.

  276. James – I had a similar issue and did file with the Office of the Comptroller and that did nothing. Is there anything you can share where you have seen some success getting help from that agency?

  277. James,

    File a complaint with the Office of the Comptroller of Currency. If they have acted in bad faith then the agency could do something.

  278. it’s james, well the sale date for my home is in Nov. I don’t have money for a lawyer if I did I wouldn’t be in this position! the bank will really lose money in taking my house, we have just short of begged to keep it.. made the HAMP payments, still no response from the bank other than ” please send in updated records and fax in more paperwork” to be considered for any review? 11 months now weve done this? talk about a catch 22? i wanted to get help, the bank said no way your on time with the loan, you need to be 3 months behind before they will even talk to us! then 3 months of HAMP payments and the rest tring to make sense of the bad situation were in NOW we have a TON of late money to make up.. heres the RUB! suppose I make it up, I’m still in trouble with a payment i can’t afford, AGAIN I’d have to start all over in a program, be late again! and no promise they they will do anything so I would just feed the bank more money and still wind up in forclosure down the line? THERE GONNA LOSE MONEY IN THE SALE OF OUR HOUSE? where is the sense of that.. I just hope someday that we’ll get a chance to be in a CLASS ACTION SUIT because of this action on the bank and maybe get satisfaction in the end! it’s really Criminal what they are doing to us and others like us in the US.

  279. Wells Fargo spent $1.29M lobbying government in 2Q
    (AP) – Aug 31, 2010

    NEW YORK — Wells Fargo & Co. spent $1.29 million during the second quarter to lobby the government on a broad range of financial regulatory reform measures, according to a disclosure report

    That’s an 87 percent leap from the $690,000 the San Francisco-based bank spent during the year-ago period. For the first six months of the year, Wells Fargo spent $2.31 million on lobbying as banking regulations came to the forefront of the national agenda.

    Wells Fargo received $25 billion in federal bailout funds during the financial crisis in late 2008, which it paid back in December. Its lobbying expenditures for the first half of the year were fourth biggest among the top 10 banks that received money under the Troubled Asset Relief Program, or TARP.

    Wells Fargo lobbied the government about regulations tied to reform of the banking system following the economic meltdown; fees on credit and debit cards, overdraft regulations, mortgage reform and the creation of a consumer financial protection agency.

    Other issues Wells Fargo raised with legislators and regulators included various tax proposals related to banking, small business lending and crop insurance, , according to the report filed on July 20 with the House clerk’s office. The bank lobbied Congress and the Treasury and Agriculture Departments during the April-to-June period.

    President Barack Obama signed the financial regulatory overhaul in July, which put in place new rules on a variety of banking operations, after months of debate on the reforms.

    Copyright © 2010 The Associated Press. All rights reserved.

  280. Fannie Mae Says Foreclosure Delays constitute a “breach” by the servicer.

    Got this from DSNews.

    “Fannie Mae, the nations largest mortgage company,is about to start cracking down on servicers for letting delinquent loans languish too long without action. Fannie Mae has issued a notice alerting servicers that it is monitoring all delinquent loans to ensure foreclosures are handled within an acceptable time frame, and may assess penalties for poor servicer performance. By the tone of Fannie’s announcement, the GSE wants these non-performing properties off its books as quickly as possible.”

    Yep, it’s gonna get worse before it gets better.

  281. I received a virus-laden e-mail titled:

    Re: Re:Re: Case Report Wells Fargo

    under cover of a “BOXBE” e-mail.

    Watch out.

  282. A Blurb from Default Servicing News:

    Four Major Banks Could Be Hit with $180B in GSE Loan Buybacks: Fitch

    About 50 percent of the loans held by Fannie Mae and Freddie Mac come from the nation’s four largest banks – Bank of America, JPMorgan Chase, Wells Fargo, and Citi. Lately, the GSEs have become more aggressive in forcing originators to buy back bad loans. Based on Fannie and Freddie’s current “distressed” numbers (a combined $354 billion in delinquent mortgages and REOs), Fitch Ratings estimates that the big four could be on the hook to repurchase as much as $180 billion in nonperforming assets.

  283. Steevo: The attorney I have on retainer believes that if they act improperly under the terms of a HAMP mod it will give rise to a cause of action. I need to re-open the case already settled by default summary judgement against me. I have already lost in the state court, and the window for a timely appeal passed. Also, evidence obtained after judgment may provide an avenue to reopen your case. In my case, I have been able to track my loan and trust certificates to TARP and another squirrelly Goldman Sachs CDO^2 transaction. This, in and of itself , doesn’t provide you with any cause of action. It does, however, lend some credibility to your claims that what the lender has used your loan transaction to deceive investors.
    As far as finding an attorney, you may need to speak with multiple practitioners until you find one that understands the problem and the solutions at hand. It could be a bankruptcy lawyer, a real estate attorney, or a contract lawyer. Call some of the “three name” firms in your town )Dewey, Cheatam, and Howe) and ask the attorney that fields your call if there is conflict of interest in representing you against Wells Fargo. This will picque their interest and they will have to tell you the truth. There is no way for a pro-se litigant to win in court against a national defense firm. The motion law will quash any claims or evidence you think you presented in relation to your defense.

    I am not an attorney, but I used to play one around the house until I got my ass kicked in court.

  284. usedkarguy – do you know of anyone that has found an attorney to represent them against Wells Fargo for failure to act under the HAMP program?

  285. James, get an attorney (bankruptcy preferred) and file BK and then a lawsuit for failing to act under the HAMP mod program as mandated. You acted in good faith, and you got GOTZ. Get an attorney! FAST!

  286. I know I’m just blowin smoke and will probably lose my house but heres a guy wanting to make some payments and all WF wants to do is take the house. It’s not worth S%$# anymore and will probably be given away at an auction. But they have no interest in working with us really! they put us on a program and took us off after making the 3 payments saying we didn’t show enough income? WE MADE THE PAYMENTs?? all we wanted to do was keep going? you guys will probably find something wrong but for us it will be too late we just went into forclosure on Monday. if anyone has anything to help please let me know, thanks. arcadegroup@cox.net

  287. Check this out!

    In their rush to cover up all the fraud, Wells Fargo made a little (BIG) boo-boo.

    About to go to our 341 hearing (we’re in CA) in a Chapter 13. A few days prior, we received some docs from HSBC by way of Pite Duncan, LLP in San Diego. Here’s how THEY claim the assignment of the Deed of Trust went and they hold interest:

    March 25, 2007 we sign the DOT with “lender” ABC, LLC. The DOT has been sitting at the County Recorder’s office in this name all this time.

    The docs just received from HSBC include the following assignments looking all pretty and notarized:

    July 13, 2010 – MERS as Nominee for ABC, LLC Assigns to 123 Bank, FSB (signed by (Herman) John Kennerty, Vice President. Notarized by Geraldine Johnson in South Carolina.

    July 28, 2010 – 123 Bank, FSB Assigns to Wells Fargo Bank, N.A. Signed by Anna Wanta, Assistant VP. Notarized by Susan M. Barbian in Wisconsin.

    July 13, 2010 – Wells Fargo Bank, N.A. Assigns to HSBC Bank, National Association as Trustee for Wells Fargo Tust XXXX (name withheld by us). Signed by Jennifer G. Payne, VP. Of Loan Documentation. Notarized by Carolyn M. Evans, South Carolina.

    Anyone see a problem with the assignment dates here? How could Wells Fargo interest on July 13th that they didn’t have until July 28th?

    Needless to say, HSBC didn’t show up at the 341 Hearing and I didn’t bring this up. The objection from USBC to the plan just confused the Trustee.

    Any thoughts from anyone? Anyone see a plan of action here?

    Thanks and keep fighting the fraud!

    Peter

  288. Wells Fargo To Pay $203M To Overdraft Fraud Class

    A federal judge has ordered Wells Fargo Bank NA to fork over close to $203 million in restitution for a class of account holders charged unfair overdraft fees as a result of unlawful deduction methods.

    Can you believe that?

    Wells Fargo? Unlawful? C’mon! Really?

  289. WELLS FARGO CHARGED WITH FRAUD IN MORTGAGE MORASS

    “The International Bank Activities Reform Commission is charging Wells Fargo, partly owned by Warren Buffet and the Gates Foundation with fraud in their global involvement with the mortgage morass which continues impacting the global economy.

    In a complaint filed with the European Monetary Commission and the World Court in the Hague, Gabor S.Acs. one of the founders of IBARC stated, “Wells should get a Wells Notice from the United States Securities and Exchange Commission soon if they are on top of this investigation at the Justice Department.”

    The complaint alleges that Wells Fargo, their Directors, Officers and Major Institutional Stockholders including Goldman Sachs knew or should have known that billions of dollars in first and second mortgages originated, packaged and sold as securities by Wells contained false financial information provided by real estate brokers. mortgage brokers and borrowers, making it impossible for the borrowers to pay back the loans or to be qualified to even make the monthly payments without refinancing over and over during a 30 year period that falsely inflated the cost of housing in the United States and the world over as a result, causing serious economic damage to hundreds of millions of humans around the world.

    In Washington State Wells Fargo Financial recently announced it is shutting 25 of its stores which are currently located in Auburn, Bellingham, Bellevue, Bremerton, East Wenatchee, Everett, Federal Way, Kennewick, Kirkland, Lakewood, Lynnwood, Marysville, Olympia, Puyallup, Seattle, Shoreline, Spokane (two), Spokane Valley, Tacoma (two), Tukwila, Vancouver (two) and Yakima. (end of story)

  290. Hey RJ, that’s awesome! I think you’re right on. Wells just pocketed another $9,000 in our in-house loan modification which, in the end, makes matters worse for us. They modified a Fannie Mae form and created some kind of another loan for the short payments during our “trial period” or “forebearance agreement period.” They completely ignored our HAMP application back in September stating the investor does not participate. The original Trust was purchased by Credit Suisse…all the loans as an Underwriter, the Trust is no longer reporting. If you think you have anything that might help us, could you please email me at RNRNXS@yahoo.com? Thanks!

  291. NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  292. I dont want to say over this as someone from wells might read, but I think I got something on them that will turn any lawsuit into our favor. Actually 2 acts of discrimination against loan modification clients. There was no real chance foor most to get what they wanted! Wells plays the game like you may get this but in all actuality, you never had a chance, they only collected your 3 month trial mod money, that is all they wanted! Total scam!! Where’s the gov’t?? That’s right, they are in the back pockets of wall Street so they cant see whats going on infront of them!! I need to talk to an attorney and I must go and print some documents before they take them off the sites and I have no proof!! how do I find a class action attorney??

  293. hi to everybody
    I ‘m from California and Ia m dealing with Wells Fargo Bank for the last 18 years they sold my loan several times they sold it to World Saving witch later became Wachovia Bank that when my problems started I asked to modify my loand and they toll me that my loan was not late so there for they could not do anything about my problem was that the interes rate went up 9% so my monthly payment went from $1,900 to $4,600 a month so when I call Wachovia they told me that in order for them to look into a loan mod I have to stop making payment on the mortgage witch I did

  294. Here is a link to a GREAT explaination of MERS and it’s history with graphics and all at Dr. Housing Bubble a great source for Californians:

    http://www.doctorhousingbubble.com/mortgage-electronic-registration-systems-mers-a-system-designed-to-create-the-mortgage-back-security-bubble/

  295. OK, same thing here. Loan left hand side Guaranty Bank, FSB
    GN Mortgage, LLC a Wisconsin Limited Liability Co.
    Right side Guaranty Bank, F.S.B-both unsigned and
    submitted in the foreclosure papers. Also Mers involved,
    now Aurora Loan Services, LLC is the plaintiff in foreclosure.
    I’m too old for this-Home has been in the family for 70 years.
    I can’t find out who owns my note?? I went to answer my
    summary judgement on 4/21/10 and the same day I got
    a letter from Aurora Loan that Fannie Mae is an investor???
    I have been asking for the note owner for over 1` years.
    Same thing Arleen J. Lemmon shows up as Vice President
    on both sides but NO signature. Anyone else having
    this problem? lanelois76grace@yahoo.com Cook County
    IL Chicago property????????? Mers/Aurora Loan/Guaranty
    Bank, F.S.B Answers anyone??

  296. WELLS FARGO CLASS ACTION LAWSUIT INVESTIGATION
    Okay, here we go… Here’s the link for an investigation going on with all the crap that Wells is putting homeowners through for a loan modification.

    I’ve also requested this firm to investigate loan origination fraud involving Wells Fargo takeovers. I’ll let you all know if I hear anything regarding that, too.

    http://www.hbsslaw.com/TARPhomeloans

    Sign up and good luck!

  297. I have been drawn into the Bait and Switch tactics almost down to every detail as described by the author of the article in KJP2U’s post. After over a year of doing exactly what was asked by Wells Fargo in a timely manner, for some reason this applies to the borrower but not to Wells Fargo, I am still waiting to get final approval on a modification I signed and returned a month ago.

    I accepted their modification due to the fact I cannot spend countless hours working on this matter as I have over the past year. Their tactics of beating down the homeowner worked on me I am afraid. My family and I just simply cannot stomach fighting even though we want to, I am afraid I just don’t have it in me.

    With that being said I do have some fight in me still and on to my next phase of this process and I need some advice from the group. Wells Fargo screwed up the process so bad during the 1 year ordeal that I want to file suit against them. I see here that there are some class action suits popping up and would like to get opinions on this from the group. Do you think there will be one specifically in the State of Florida? Anyone that is better connected than I have any information?

    I completed a HAMP trial period last year (June, July, Aug) and received no document or reply that I was not approved. I was also immediately reported to the Credit Bureau as 30 days late for June, 60 for July, 90 August. The documentation for a Making Home Affordable HAMP Trial period states specifically that there would be provisions to document the Credit Report showing the modification process…of which there is none on my credit report. So make sure you look! Secondly, I was supposedly put into a Making Home Affordable HAMP Modification Trial 2 additional times of which I have paperwork from the January 15, 2010 offer. I again complied and returned all of my paperwork. I was served with foreclosure papers on February 15, 2010 even though the documentation I have specifically states: “As long as you comply with the terms of the Trial Period Plan, we will not start foreclosure proceedings or conduct a foreclosure sale if foreclosure proceedings have started…”. I was supposedly in multiple Home Affordable Modification trial periods which later I find out you can only be in it once.

    Is there any possibility for civil action due to the fact that Wells Fargo did not act in good faith dealing with my account as well as many many other issues of which I have every single call logged and documentation to support their mishandling? My home is worth about $225,000.00. I owed $388K before the modification and now after signing owe $420K over the next 40 years. For my own sanity, my marriage, my job, my children I did not feel I had any other choice but to take the offer and move on. BUT…As I mentioned Wells Fargo should be held accountable for their actions.

    Please respond either via post or directly to my e-mail at desrste@gmail.com if you would like to represent me or know someone that would.

    Kindest Regards!
    Steve

  298. WELLS FARGO CLASS ACTION LAWSUIT!

    Here we go, my friends! This has to do with their loan modification tactics.

    http://www.examiner.com/x-33820-Long-Island-Libertarian-Examiner~y2010m2d13-Wells-Fargo-faces-multibillion-dollar-class-action-lawsuit

    I also heard that the FBI is investigating some of the loan origination fraud on a state level regarding Wells Fargo…so we need to pull together on this! It’s going to be a big one, but we’ve got to stop these banks from stealing our homes! I found it online somewhere…just google Wells Fargo Fraud and it should come up.

    Per my previous post…thanks for all the replies to see if your in my Trust…it’s only a matter of time…we’re getting so close!!

  299. OCC letter. Pretty interesting. Says that these guys are not covered by the National Banking Act for state law preemptive purposes when acting solely in their capacity as mortgage conduit trustee.

    http://www.occ.treas.gov/law/Wells_Fargo_Bank_One_MBS_Trustee_Letter.doc

  300. Just wanted to thank you all for sending in information on Mortages that Wells Fargo took over in the early part of 2007…we’re VERY close! The ones that don’t seem to be in the same Trust are refinances…only purchases in the early part of 2007. Keep em coming…Kelly@Take2Creative.com

  301. If you are dealing with Wells Fargo for a “loan modification” and you purchased your home in the early part of 2007, PLEASE contact me so that we can compare notes. I might have the Trust Information that your loan was initially put into. It doesn’t matter if your loan was originated with another “bank” I just need your Wells Fargo loan number (but please don’t post it here as there are some on the “other side” learning what our defenses are) I’m ready for Class Action. Contact me at Kelly@Take2Creative.com. Not only are we homeowners going through this mess, but we are Trial Graphics Professionals as well, so we can help the judges and/or juries in Californa understand how securitization works visually as opposed to overloading him or her with a bunch of documents. Come on Californians…don’t give up….we need to fight together to keep our homes!

  302. TRUTH WHY LENDERS FORECLOSRE
    The trustee and sercivers as initiating proceddings, income andwrite off and trustee tax records as to Distribution Reports and Form 1066 tax returns for the past 5 to 10 years , reo schedules , ect as well certificates of non recoverability issue on trust ! persuant to PSA section 3.05 or 4.03 advance loss depending on trust

    SUMMARY :

    The foregoing analysis of the Distribution Reports and Form 1066 tax returns establishes several facts. First, servicer has written down loans which either never should have been written down in the first place or were written down excessively. This lulls the Certificateholders into thinking that there will be losses. Then, servicer spends inordinate amounts of money to recover these losses and uses the recovered funds to reimburse these expenses which it never reported to the MLMI Trust and does not bother to distribute the surplus to the Certificateholders

    In accordance with the terms of PSA because they would otherwise have to be paid 100% to the IRS. Instead servicer keeps the money. serivcer will likely argue that this does not matter to the Certificateholders because the losses from the appraisal reduction were allocated to it as the holder of the first loss certificates.

    However, what servicer does not state is that if it is unsuccessful, it still has the right under PSA Section 3.05 to reimburse itself for servicing advances out of money received on other mortgages. So, if servicer loses this case, it will simply take the cost of litigation out of funds due the senior Certificateholders plus interest. servicer will likely state that it does not intend to do this. Once again, this is another misrepresentation.

    Here the Distribution Reports showed that servicer has spent more than the principal balance of the jhon doe loan trying to collect it. No prudent lender would do this with its own money. Thus, servicer is doing this because in reality it is using the money of the senior Certificateholders and it is even earning interest at the prime rate on these advances. So the more servicer litigates, the more money it makes.

    This probably explains why serciver has been unwilling to settle this case over the past three years. This is to the detriment of the Certificateholders for whom servicer is supposed to be acting as a fiduciary. In any event, just because servicer might own the first lost piece does not give it a license to violate the PSA and REMIC.

    In conclusion, the trustee and the loan servicer has violated both the PSA and the REMIC tax code provisions and regulations in many ways, filed false tax returns, failed to pass along legitimate deductions to the Certificateholders, and failed to make distributions to Certificateholders which would have been applied to the debt.

    Therefore, it lacks capacity to seek any further recovery on its proof of claim in this case

  303. Hey everyone, I sure could use some advice…soon. My deadline is March 15th for a Forbearance Agreement with Wells Fargo. Thank you all so very much for your advice, sharing stories and input…it has really woken me up.

    I’m in the Los Angeles/Valencia area of California and was up until 3:00 am this morning, reading on all the invaluable information on this site. Things are starting to come together and something is just not right and it seems there are others out there that, if they look at their original documentation, might come across the same thing. My apologies for the length of this, but it seems it all started from the beginning in early 2007. If you can get through this, I’m sure you’ll find some similarities and some unethical behavior that going on with the banks. We just need to figure out what to do about it.

    FINALLY, A TRIAL PERIOD FOR A LOAN MODIFICATION:
    I was so thrilled yesterday when we received a “Special Forbearance Agreement” from Wells Fargo yesterday with a Trial Period beginning March 15th. We have to send in a payment for only $1,447.33 for three months. We were so excited after trying to get a loan mod since the middle of last year.

    HOW IT ALL BEGAN:
    We put in a ridiculous offer on our home for $668,000 that was listed at $749,000. What the heck, eh? The selling agent said it was a relocation situation and the seller had already moved, the first offer didn’t qualify, so they accepted our offer! We closed escrow on March 30, 2007. We took out a first mortgage loan in the amount of $534,400 which was a 10 year interest-only and then fixed after that for 20 years. We also took out a second for $66,800.

    MARCH 16, 2007: THE LOAN DOCS:
    For the first and the second loans, our Deed of Trust(s) (on a Fannie Mae/Freddie Mac a Unified Instrument with MERS Form 3005) were dated March 16th and included the following information:
    Lender: GN Mortgage, LLC in Woodland Hills
    Trustee: 6700 Corporation, A California Corporation
    Beneficiary: MERS (holding only legal title, but as a nominee has the right to foreclose and/or sell the property and take action for Lender).
    There’s also some stuff about RESPA.
    When we signed the loan docs there were no signatures on any of the documentation from the lender, or anyone else on the other side on our copies, just the typed in information.

    THINGS WERE GREAT:
    Things were great! We sold our home in the San Fernando Valley and moved out to the Valencia area to a much larger home in a nice community. We were doing quite well and fully expected to refinance our home prior to the 10-year interest-only kicking in and I was about to a promotion.

    APRIL 16, 2007: LETTER FROM GUARANTY BANK (THE LOAN SERVICERS)
    We received a letter dated April 16th from the Loan Servicing Department of Guaranty Bank thanking us for our business and telling us that our first payment would be due May 1, 2007. We got another from them stating the same for the second loan.

    APRIL 19, 2007: THE SERVICING TRANSFERRED TO WELLS FARGO, N.A.
    Only three days later, we received a letter from Guaranty Bank stating, “Effective 06/01/07, the servicing or your mortgage loan will be transferred from Guaranty Bank to Wells Fargo Bank, N.A.” It was all about the change in who was “servicing” the loan. As far as we knew, GN Mortgage was still the lender. Again, the same letter for the second loan.

    APRIL 19, 2007: LETTER FROM WELLS FARGO BANK, FSB. REGARDING TRANSFER OF SERVICING
    We received a similar letter with the same April 19 date from Wells Fargo Bank, FSB (not Wells Fargo Bank, N.A. as above) stating, “The servicing of your loan will be transferred to us effective 06/01/2007.” Again, only the SERVICING of the loan.

    OCTOBER 2007: IT ALL CAME TUMBLING DOWN:
    After purchasing our new home in March 2007, the company I was working for closed their office in October 2007 and I was out of a job. The company didn’t see it coming as it was a sub-contractor for builders who suddenly stopped building, so we were some of the first ones hit. I STILL have not been able to secure permanent employment because so many other companies are cutting back or shutting down. Fortunately, I am still able to collect unemployment. My husband was making enough to barely get us by, but it was tough with my income decline. We began having to put things on credit cards figuring paying them off as soon as I gained employment. I got a few temp jobs here and there, but nothing permanent.

    Additionally, our property value was declining rapidly, but this was our home that we intended to remain in forever. However, we had no idea of what was to come and just how bad this whole banking and economy situation would become.

    The Assessor’s Office has now reduced our property taxes for a home worth only $465,000. That was good tax wise.

    AUGUST 2009
    My husband was very successfully self-employed as a graphic designer with his primary client being a very large entertainment company. However, in August 2009, they closed down that entire division. Because he was self-employed, he couldn’t collect unemployment. We reached out to Wells Fargo for help immediately. We had NEVER been late on a payment.

    AUGUST 19, 2009: THE PHONE INTERVIEW WITH WELLS FARGO
    One August 19, 2009, we did a phone interview with Wells Fargo explaining our situation and, both being unemployed; all we qualified for was a Short Sale. They still encouraged us to send in documentation because ‘there might be another program.’ This is when we first found out that there was somehow an “investor” on the loan. I didn’t get it.

    SEPTEMBER 2009 – THE HOME AFFORDABLE MODIFICATION PROGRAM LETTER
    We received a letter from Wells Fargo Home Mortgage dated September 1, 2009 that began, “As your mortgage servicer, we want to help you stay in your home. We want you to know there is a program available that may help you. If you qualify under the federal government’s Home Affordable Modification Program Trial Period Plan.” My husband had quickly gained another client, but with not quite as much income as we had before. We gathered up the huge stack of documents requested and I Federal Expressed it on September 29 to get there by the deadline of September 30. Great! There was help out there to get us through this situation.

    OCTOBER 10, 2009: MODIFICATION DENIAL LETTER – SHORT SALE OFFER
    We received a denial letter from Wells Fargo, and they were encouraging a Short Sale. They kept calling and calling wanting to know when we were going to be making our next payment even though we had never defaulted. We had no intention of giving up our home and still want to stay.

    OCTOBER 19, 2009: WHY DECLINED FOR HAMP?
    I wanted to know WHY we didn’t qualify and how could they have declined us for the HAMP Program so quickly? So, I called Wells Fargo, they kept referring to our phone interview documentation regarding the denial on August 19th. I kept asking about the documents for the HAMP program I sent on September 29th. At first, they claimed that they didn’t receive them and to send them again. I stated that I had the receipt from FedEx. Then, the story changed and I was transferred to someone else. This person said that because we were declined (based on phone interview) for a loan modification only two weeks prior, they didn’t do anything with our HAMP Program documents that I spent $40 to FedEx. Those documents were just sitting in their system. I stated that our income situation had changed (didn’t they read the letter?). We were advised by Wells to start all over again with the phone interview and this would at least get us out of the Short Sale department and stop the calls.

    In the meantime, my husband was picking up more client work. I submitted the Corporate Profit and Loss Statements, a copy of his pay stub from his corporation, our Personal Profit and Loss Statements, copies of my unemployment checks, Tax returns (business and personal) from years prior, but they just couldn’t understand how the whole business/personal finances worked. It was quite obvious that they were clueless when it came to self-employed people, even though he was getting a paycheck and able to take draws from the company to cover our expenses, even though we would liked to have used that money to market the corporation. He had a huge job coming up in January 2010 that would have covered us and held us over for a long time, so we weren’t as focused as much on the whole loan modification thing and instead we put a lot of effort into getting him all set up for this big contract job in January. Unfortunately, it all fell through in November, but he still had receivables due through December.

    We depleted the corporation money with Owner Equity draws. Creditors began lowering our credit lines, so we had no credit available.

    JANUARY 19, 2010: PHONE INTERVIEW ON THE SPOT
    I was calling to find out the status of our loan modification on our first and to find out what they needed from us. They began to interview me for numbers, so I was trying to pull whatever I could find on the spot. He showed our front end DTI to be high, so we wouldn’t qualify. I knew that I must have missed something, so I called my husband out and we tried to recall what might be missed in our expenses.

    JANUARY 21, 2010: HUSBAND OBTAINS A REGULAR JOB
    My husband had to give up on his company and gained full-time employment on January 21, 2010.

    JANUARY 26, 2010: ANOTHER LOAN MODIFICATION DECLINE LETTER
    We received another loan modification decline letter from Wells Fargo.

    FEBRUARY 1, 2010: CHANGE INCOME LETTER AND DOCS FAXED
    I could tell that they just didn’t understand…so I worked diligently to break down the previous year for them, showing gross profit of corporation, the draws, business expenses, personal info, previous year taxes, etc.

    I faxed the 51 pages of documentation and in the letter explained that my husband had to give up on his company and he now just has a “regular” job.

    FEBRUARY 5, 2010: OH, ALL WE NEED IS A COPY OF A PAYSTUB
    I called Wells Fargo again and she wanted to go over the previous financials from the previous year. I had to make it clear several times that my husband, because of our situation and using up all the company money to keep up, had to gave up on his company, so it’s not even applicable…he has a REGULAR job! Her tone completely changed, “Oh, well then all we need is a copy of his pay stub for the past two weeks. We can completely disregard all your previous paperwork, as that no longer applies.” Duh… I wrote the change of income in fax that I sent along with the documentation that I faxed that she was looking at. Don’t they read the letters? Because we had used up all of our financial resources and I told her that I didn’t see how we were going to be able to make our February 1st payment. I faxed a copy of my husbands check and stub that same day.

    FEBRUARY 16, 2010: STATUS FOLLOW UP
    I called Wells to find out the status. She stated that it was assigned to a processor and they didn’t need any more documents. They were just checking on the VPO (something to do with property value). This appeared to finally be headed in the right direction.
    However, for the first time, we unfortunately had to default on our mortgage payment that was due February 1st.

    FEBRUARY 25, 2009: SPECIAL FORBEARANCE AGREEMENT
    So, you can imagine my excitement when we received a “Special Forbearance Agreement” from Wells Fargo yesterday with a Trial Period beginning March 15th. We have to send in a payment for only $1,447.33 for three months. I was explaining it to my husband on the phone…then I began thinking about how they came up with that number.

    I called them yesterday to find out. They said that it’s just a trial while they’re proposing a program to the “investor” (this friggin “investor” has been in the way of us getting a loan modification for several months now)

    Here’s what they’re proposing to the investor:

    3.25% interest rate for three years
    4.25% interest rate for the 4th year
    5.25%, interest rate for the 5th year
    6.25% interest rate for the 6th year
    6.375% interest rate for the 7th year

    Oddly enough, this brings to the 10-year Interest Only mark as we’ve paid 3 years in interest only already.

    I called back to find out what happens after the 7th year and they couldn’t tell me or didn’t know.

    I was so disheartened that this would do nothing to bring our principle down at all to at least attempt to gain a bit of equity. Four of our neighbors just in our cul-de-sac alone are currently in a Short Sale thanks to realtors convincing them this is the right thing to do. One property down the street is that is MUCH bigger than ours and has a HUGE yard is on the market as a Short Sale for only $459,000. Our exact same house around the corner with a beautiful view and also a huge yard is in Short Sale for $450,000. We have a tiny yard.

    I asked why this was all in the hands of an investor. And, why we had received a letter and questionnaire forms from Wells with an opportunity to apply for the HAMP Program in September of 2009 if that was never an option for us. She responded that that letter was just sent out to everyone. That didn’t sit quite right with me.

    THEN, I FOUND YOUR SITE
    After thinking about all this yesterday and not knowing what to do or who to turn to, thankfully I came found your site. I kept wondering how an “investor” ever got involved because I always thought GN Mortgage was our lender and Wells Fargo was just the servicer. That’s what they stated in their letters stating that the servicing of the loan was transferred from Guaranty Bank to Wells Fargo only 3 days after a Welcome Letter from Guaranty Bank.

    So, how did it get from GN Mortgage to an “investor” without my knowledge? I wanted to find out more about the history of our loan, based on information on your site.

    WHO HOLDS OUR NOTE?
    I immediately called Wells Fargo (the “servicer” of our loan) and asked who the holder of the Note was. And he replied that it was an investor. I asked who the investor was and he put me on hold… probably to talk to a supervisor. He came back and said that there were only the initials WFALT. Hmmmm….does that seem like it stands for Wells Fargo Alternative or something like that? It sure doesn’t sound like an investor’s name to me anyway. I really wanted to know, because my family’s livelihood was in the hands of this “investor.”

    I was transferred to another department. I asked again who the holder of our note was and he told me the same thing only he also gave me some numbers in front of it Z74 WFALT. I asked him how it went from GN Mortgage to an investor without my knowledge. He didn’t know and kept putting me on hold as if he was talking to his supervisor. I asked him to send me a fax of the Note.

    Minutes later, I received a fax from them of a document titled, INTEREST-ONLY PERIOD FIXED RATE NOTE.

    I don’t see Z74 WFALT anywhere on the document, it still shows GN Mortgage, LLC as The Lender, but it also says, “I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” So, who the heck holds our Note? And if it was transferred, shouldn’t we have known about it? They tell us about the servicing transfer, but not the fact that the person(s) that hold the Note has changed?

    I located our copy that had no signatures, of course. When we originally signed this document, on the LEFT side at the bottom, there was a place for Arleen J. Lemmon, Vice President to sign under the words typed:

    WITHOUT RECOURSE,
    PAY TO THE ORDER OF
    GUARANTY BANK, F.S.B.
    GN Mortgage, LLC
    A Wisconsin Limited Liability Company

    On the RIGHT side at the bottom, it was typed with the SAME words only in a different order and GN Mortgage, LLC was left off (still with a signature spot for Arleen J. Lemmon).

    PAY TO THE ORDER OF
    (BLANK LINE HERE)
    WITHOUT RECOURSE
    GUARANTY BANK, F.S.B.

    So now I’m looking at the faxed copy just sent to me by Wells Fargo with all the signatures including ours. I was stunned to see that blank line on the bottom right was now stamped “WELLS FARGO BANK, N.A.” Huh? When did this happen? My guess is sometime very shortly after we got the loan from GN Mortgage. It seems to have been the plan right from the start. There’s even a place where someone initialed “JF” on both the left and the right as if to be a witness, but the initials look nothing alike… almost as if the one on the right near Wells Fargo is forged.

    WHAT ABOUT THE DEED OF TRUST?
    I have a copy of the DEED OF TRUST that I previously had the original Escrow Company fax over to me for other reasons. It has our signatures only, with GN Mortgage, LLC as the Lender.

    WHAT NEXT?
    I’d really like to contact the Note holder, but I can’t figure out who it is.

    Should I go ahead with this Forbearance Agreement due by March 15th?

    My big beef with this is that if my Lender were still GN Mortgage, I believe it would be a Freddy Mac loan, which would have made us eligible for the HAMP Program from the start.

    One other strange thing… The letter from when the servicing of the loan was transferred to Wells Fargo bank in April, 2007 tells us that if we have any inquiries to send our written inquiries to an address that includes the words and numbers: MAC# X2501-01T, in Des Moines, IA. Hmmmm… was this, in fact originally a Freddie MAC loan that was somehow turned over to an investor?

    Meanwhile, have also been working with our second mortgage, which Wells Fargo claims that they actually own. We have had to default on our credit cards and we’ve considered Chapter 13. We’re upside down on our home by $150,000 and have incurred about $55,000 in unsecured debt due to me not having income and having 3 surgeries last year. But, we don’t want to risk losing the opportunity of a loan modification by filing Chapter 13 and we REALLY want to keep our home. If they can put us into a 2.5% or 3% fixed 30-year loan, we’re set. Otherwise, in 7 years, I thinked we’re screwed.

    Anyone out there know of similar tactics used by the banks?

    Anyone know if it was legal for them to transfer/sell our loan without our knowledge?

    Should I move forward with the forbearance agreement? If not, what happens? I don’t want to miss an opportunity to modifiy the loan after trying so hard.

    Anyone know if it’s possible that this was originally a Freddie Mac loan?

    Anyone know how I can find out who the REAL Note holder is? Wells just says it’s an investor with initials.

    Can anyone help? We’re in California.

    Thank goodness for this forum and for a place for us to all discuss these matters. We must all stick together and get to the other side. Good luck to everyone and thank you!!!

  304. Here is what I found. Hope it helps?

    Kimberly L. Thomas vs. Wells Fargo
    http://www.the-cri.com/PIC/KTHOMAS.PDF

  305. Rhonda from November 9th – Any updates? Same situation for me in Florida. There has to be something done to Wells Fargo to stop them from continually doing this!

  306. I am in Martin County, FL 19th Judicial Circuit. Any recommendations for legal council in my area? I am also looking for legal assistance to file a lawsuit (counter suit??) against Wells Fargo for serving me with foreclosure papers while in an active HAMP modification process. My understanding is that all proceedings should have been halted…anyone understand this differently?

  307. I am interested on getting a copy of the Kimberly L. Thomas vs. Wells Fargo, Wells Fargo Home Mortgage. Montgomery County, Maryland. Case # 279370 Case.
    I looked under county records and could not find the case. How can I get a copy of the case or result?

  308. kingcarz’s Avatar

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    Re: A possible Wells Fargo CLASS ACTION SUIT
    I have spent years keeping my credit A-1 and now no one will even talk to us now about getting a good mortgage, this is our dream house that we built and would really like to keep it and with good loan, Thank you very much Wells Fargo for watching my back!

    .ExternalClass .ecxhmmessage P {padding:0px;} .ExternalClass body.ecxhmmessage {font-size:10pt;font-family:Verdana;}* I guess I was asking Wells Fargo for too much to be a great customer and prompt payer, they would rather jerk people around and get that high interest no matter what
    here are the things we are going through with Wells Fargo Financial, very unhappy with and abusive predatory tactics/promises
    on 02/18/08 we financed our home with Wells Fargo Financial to pay off dept that we inquired during the rebuilding process of our home, the home was previuosly free & clear, we dealt with Trish she contacted us cold call, and we requested a fixed rate loan, no problem, get to closing and it turned out to be an ARM @12% interest with 3 year adjustment, my wife had a few things on her credit that was paid off so according to Trish that we can refi at a good rate in 1 year, Great! Now we have good credit, no late payments on anything and I mean everything. also extra used funds to put in a new septic system & other improvements so we can get ready to refi at 95% of value next year as Wells Fargo will do that, but for them to get around that, they have their own appraiser and he will low ball the appraisal, We had house appraised for $90,000 a few months earlier by another appraiser, (but that deal did not go through due to old septic and water system), and Wells Fargo says it is only worth $70,000 and that was after many expensive updates.
    Now comes April of 2009 and we were contacted by David Olson one of the managers at the Grand Rapids, mi. branch and said we are ready to roll this loan into a 4.5% 30 year mortgage, $7500, in closing costs, very high but he said was negotable Great! so we sent all the paperwork in, in April which was all there, I keep good records and know where things are and David also said the sooner we get our paperwork in the sooner we close this loan, so I did just that, then 05/28/09 comes along and we finally got the Truth in lending Disclosure, Great! every thing looks good, the terms and everything were good for us.
    Ok, now that the home still needed a little work to be perfect, I finished some small projects and still needed to complete the garage, siding, electrical, so I contacted David Olson and he said the loan is all approved and just waiting on the appraiser, so I waited for a while and asked David Olsen again what was going on?, again he said the loan has been aproved and still waiting on the apraiser, busy guy, so I asked if I could get my own apraisor and he said no to that. and David Olsen told me to borrow money to finish your home before the apraiser gets there to get the best appraissal, OK, borrowed about $5000 to finish home and everything was good to go now, just waiting on the appraiser. Now I also asked David if we should get somone else to refianance since they were having trouble getting a appraiser here and he said just be patient, the loan is all approved and the appraiser will be there/well this went on all summer, if I would have known this guy was lying to me, I would have found another fianance company, but I would have 2% prepayment penlaty on the loan , so I would just stick to the plan.
    Ok now here comes 08/31/09 a refusal letter stating that we insuffcient income, which we did not a year before and excesive obligations, yes that is true but since we bowrowed money to fix up home, Thanks to David Olsen, I would think that would be expected, since I was going to pay off all dept with loan proceeds and we are on a good path to great credit, I have been borrowing money to pay some bills till this loan went through, well since the loan did not go through, I cannot pay my unsecured dept Now I am in big trouble, it is my fault for listening to these lies from David Olsen and Wells Fargo. should have seen it coming.
    Ok, now comes the Home Affordable Modification Loan since our income has dropped due to my tenants not paying and the overwhelming unsecured dept and my wife is a Vet and we are both on Social Security fixed income due to disability’s, that was 09/11/09 We sent all required info for the Home Affordable Modification to Kerrie Holst and on 11/04/09 Kerrie Holst needed more info, we sent that out promptly and about a week later Karrie Holst called me and said we do not qualify for the Home Affordable Program, we made too much money and the payment would go up instead of down, I then asked her if there is another way of getting this home in a good loan, and she said it was in a good loan and 12% ARM is a very good rate? WHAT? and she kept insisting me that she trying her best to help me? WHAT?, well that conversation did not end well.
    1. OK now check out these 3 situations- 02/18/08 had good credit except wife, not too bad, we get 12% ARM 40 year $690 a month, Ok no problem at time told we could refi next year when these marks are off of credit
    2. Apply for a good loan all credit issues cleared up, April 2009 4.5% 30 year fixed-$399.51 a month, down from $690.00 mo. perfect! come 08/31/09, got refused for this loan, findings-could not afford this loan? WHAT?
    3. Now we apply for the Home Affordable Modification 11-09, got refused because we make too much money and the payments would go up instead of down, Well That is my nightmare with this bank.

    Thanks, Todd & Cori

  309. Kimberly L. Thomas vs. Wells Fargo, Wells Fargo Home Mortgage. Montgomery County, Maryland. Case # 279370 Plaintiff won judgment of $1.25 million for fraudulent origination. I believe this went to appeal. I have a copy of the amended complaint.

  310. Does anyone have examples (links to case decisions) that display the amounts of awards, including punitive damages, when the homeowner wins, on anything?
    1) Wrongful foreclosure
    2) Fraud
    3) Deceptive Sales practices
    4) Predatory Lending
    5) Filing false documents with the courts
    6) Sanction Awards

  311. Hello everyone.

    I am trying to determine the truthfulness of a deed of trust and “note” appointments.
    I find in the local county records that appointments for deed of trusts and notes that appear to be a conflct of interest? I notice that both the deed of trusts and the notes are signed by particular persons who identify themselves as being either the VICE PRESIDENT of Loan documentation or the ASSISTANT SECRETARY for MERS. Yet, after doing some reseach, I find both of these “persons” working for a foreclosure Mill. Is this legal? In Texas? Anywhere else?

  312. I took out 7 renovation loans from Wells Fargo to renovate townhouses. My business partner was also my loan officer at Wells Fargo. My loan officer/business partner is being sentenced next week for wire fraud, mortgage fraud relating to stealing money from me by wiring it to contractors who sent the money back to him, and by stealing money from our corporate account that would have been used to pay the mortgages. In addition, he fabricated documents to enable him to falsely do hard money cashout refis on properties that were in our corp. name owned free and clear.

    All this has cost me over 1.5 mm and facing bankruptcy (in process)..

    I think there is a great case against WF for having this rogue loan officer who sabotaged his client’s means to make payments by stealing money from an account, and by leveraging properties which would have been sold to pay off the other mortgages.

    Do you know anyone or could refer someone in NY who could look at this case? I want to basically have the properties back and cancel the mortgages..or receive damages due to the bank’s employee committing all the crimes.

  313. WFB seized funds illegally. They purposely made our last payment under a Forbearance Agreement late. They gave us a “Loan Mod” that increased the principal, had terms no one on Earth would agree to, and choose to ignore the terms of the Forbearance Agreement by duplicating the “missed payments.” i.e. they said we owed payments under the regular mortgage as if we had not made payments under the Forbearance Agreement. Is this an American bank or the Russian mafia? When will they no longer be able to get away with this?

  314. so riddle me this,
    how can wachovia say they still own my pick a pay mortgage, while wells fargo claims at the same time that they already have taken them over from wachovia ?
    wachovia says my pick a pay loan is with them and wells fargo says they can’t even find my loan anywhere.
    wells fargo would offer me a principal reduction and 6 yr interest only mortgage, but again they say they cant find my mortgage.
    wachovia says they have it but to call them back in mid january to talk to someone.
    well im in foreclosure and going to court mid january.
    this is going to a be a very interesting court case.

  315. December 21, 2009, is our deadline to rescind!

    Our situation is fraud upon fraud (we assume). It involves two lenders; originating in ’05 and refi in ’06 with new lender.

    Firms interested in our case had no interest in the original lender/loan from ’05. I believe that it is still within the four-year statute of limitations here in FL for written instruments.

    We wanted to have an audit performed until we found out that many of the auditors were being paid of by the servicers. How would anyone know if they did or did not find violations? Anyway.

    The original appraisal failed to cite recent sales history of connecting units in our PUD. All the comps were well outside of our subdivision. The value was exact loan amount and 28k higher than the sale of a neighbor’s unit that had sold two months earlier. Numerous interior upgrades were noted but did not exist, including tile flooring and new ceiling fans, living area is overstated, etc. . . Appraisal was not received until after closing BTW.

    The closing docs from WF showed seller paid closing costs, as well as, the purchase agreement. The TIL was re-written, dated, and reissued the day after the first TIL with all seller consessions removed. No new disclosures were provided, the APR and payment increased, and the amount needed to close increased. A first time home buyer, perfect credit, and no cash needed to close. I kid you not.

    The refi is similar in nearly every aspect except closing disclosures seem to be in order. The new appraisal came in at exactly the loan amount, and after only 18 mos since purchase it surprisingly gained 30% value. We have evidence of a declining market for our area at that time, living area size, upgrades, bigger-newer-better comparables utilized etc. . .

    The TIL appears to conflict with amort. schedule and rate disclosures. And the whole loan was an ugly bait n’ switch with double fees, increased points, closing costs, inaccurate APR, etc. . .

    I don’t know what else to say right now. God Bless you all for helping others in these unfortunate situations, and God Bless the rest of you fighting for your homes.

    Sincerely, Chris in FL.

  316. Alvie, I think BK is THE WAY to get your case heard in front of a judge who understands the issues at hand. Local court hasn’t worked for me either, so BK makes sense. Plus, no assets to worry about. Very little debt, other than the mortgage. If you would send me some of the details on your case (usedkarguyatyahoo.com)we can compare behavior, charges, counterclaims, etc. If you have any proof of illegal activity (wire fraud, fraudulent asset statements, etc,) I have an FBI contact. Also department of Justice. Let me know if I can help. Four years, huh? that’s pretty good. What are plaintiff’s legal costs up to?

  317. Hello everyone,

    It has been a long time since I posted anything on this site. As I am in battle with the lender, Wells Fargo Home Mortgage for the past 4 years now, I seem to be overwhelmed with my incident. I was forced to file a case in Williamson County, Texas courts to stop the debt collector, Barrett Daffin Frappier Turner & Engle, LLP from trying to illegally foreclose on my home. I could not find an attorney in this part of Texas to do this battle. In fact, most all just wanted me to file bankruptcy. This I will not do.
    I have submitted a QWR from this website back in March, 2009, I believe it was. No response to this day. My case includes the debt collector, his counsel and WFHM.
    At this point in time, the debt collector has filed a motion to dismiss. I am trying to come up with a proper response to stop that motion to dismiss.
    My story is such a long one, as most probably are. Not only does it involve a predatory loan but also refusal to provide warranty work of a defective mobile home that by code of federal regulations and state law, should have never been sold.
    Every agency I have reported this to seems to either ignore that facts I have to present or reply on Wells Fargo to give them the answer.
    As I have told many, “It is something to ask the thief if he stole something”. Do you think he is going to admit it?
    I’m at a loss. I’ve been financially drained from this four year battle. And as a Pro Se person, I didn’t really anticipate learning another profession. However, I will do what ever it takes to defend my home on the principle of truth.
    Any assistance would be greatly appreciated. I understand about the “legal” advice issue. Legal depends on the definition.

  318. I believe it seems my problem is different I am told? I problem is with my vacation home, NOT an Investment! we go there often to get away from here.. we have fallen on some hard times also, contacted WF long before we would have to stop making payments to see if we could get help! HA! can’t get help till you are in trouble it seems.. we now can’t get help it seems because it’s not our main house? still we want to keep it but can’t afford the payment as it is? filed for the home mod 4 times? what a lousy way to end things with a bank we have been loyal to for 25 years..

  319. THE HITS JUST KEEP ON COMING!!!!

    Consumers Seek Class Cert. In Mortgages Suit
    A group of consumers is hoping to get a breach of contract and antitrust class action certified against American Home Mortgage Securities LLC, Deutsche Bank National Trust Co. and Wells Fargo Bank over securitized adjustable rate mortgages.

    Thanks again, Securities Law 360

  320. That previous post regarding Wells Fargo came from Securities Law 360, not National Mortgage News. Sorry.

  321. FROM NATIONAL MORTGAGE NEWS:
    Wells Fargo Agrees To Buy Back $1.3B In ARS
    Wells Fargo & Co. has reached agreements to buy back about $1.3 billion in auction rate securities and pay a $1.9 million penalty to the state regulators that investigated allegations the bank misled customers about the riskiness of the investment.

    I wonder if My Mortgage is in that steaming pile of poop?!

  322. I also believe that the servicers will work with you now that we are three years into this demise. The regulatories, the congress and some state agencies are not doing what is required to assist the homeowners by assuring the servicers will be held liable for Negligent Loan Servicing of the loans. I don’t think class action lawsuits are the answer. The seven top banks should meet with those like the writer who have been on the front line to resolve all of the loan servicing issues, particularly for those loans that have been securitized.

  323. First of all, I believe after reading all of the stories above, that the government needs to answer the question. Once the loans are in default or the servicer has foreclosed and any other reason that falls under the guise of a scheduled item, has the government purchased the individual loans based on 100% of its value, less of course any MI claims payments. They are not interested in modifying or anything else if they know that via taxpayer money that lender is going to list his scheduled item as a toxic asset and then the government may be purchasing those items from the various lenders to help their bottom line. I may be wrong on this count, but Timothy Geitner, when in control in New York, may have paid 100% to the lenders for their toxic assets: In otherwords, the lender cannot lose. Just a thought. 40 years in the business and I believe that there is a way around 80% of the problems that you are all espousing. I have found that some attorneys take the money, but do nothing about solving the person’s issue. The note and deed of trust are the answer to most of the problems. I have been helping homeowners for four years at no charge and will be happy to listen to what you have to say and advise you accordingly. Yes, the class action lawsuits are on the way, but you need to summarize exactly what your issue is and make sure it fits and that there is a benefit to putting yourself through it.

  324. Let me say this again: anyone with fraudulent asset/income statements or other shenannegans in their origination package, I have an FBI guy for you to submit documents to.

  325. Alan, where do you live, and what is the name of the trust foreclosing on you? e-mail me at usedkarguy@yahoo and let me know what the skinny is.

  326. Hi folks,

    Our house in vermont is in foreclosure (judicial),i’ve been fighting with citi since may 09,judge hasn’t ruled on summary judgement yet,and recently deferred ruling on it based on two cases that were dismissed because of standing in rutland county vt.

    us bank national ass v wyman ,Doc.No 466-09 Rdcv

    mers v Johnston,el al,Doc.No. 420-6-09 Rdcv

    correction…One of them, judge vacated his previous decision and dismissed the case,second ordered plaintiff to clearly establish standing.

    Plaintiff has untill nov 28′th to clearly establish standing,so ordered by the court.
    Mers is named as a defendant along with me and my wife,it was the nominee for Mortgageit in original note and mortgage docs.

    If they come up with bogus assignments and judge decides acceptable and rules against us what is my next recourse….
    please help

    thanks

    steve

  327. i have been talking and yelling at wells fargo for 14 months to modify my loan,,now in forclosure,,i have for the 6th time prepared the documents such as financial statement,profit and loss[?],and now thru hope international,,[while on the line],the bibmo on the phone says they never recieved any dacs in the past,,LIARS,,LIARS,,LIARS!!!!!!!!!!!!!!!!!!!!,,,I THINK A CLAS ACTION SUIT IS WAY OVER DUE!!!! i only missed 3 payments when in default,,and now,,im hireing an attorney to kick they;re asses..i will never give up,,im asking for discover of instrument,,proof of debt,,on and on,,and if you tell them that they ae being recorded,,they will hang up,,lol,,,lets do this thing,,wells fargo is the WORST COMPANY IN THE WORLD!!!!!!!!

  328. Hello Ronda and welcome to the hell known as Wells Fargo. That’s right, they take your payments but there is no workout in sight. This is all a scam. I think the deceptive trade practices laws are a little stronger in California. Start reading up on what you can do to fight the foreclosure. I’ve said it before right here: Stop paying and start fighting!

  329. I am currently sick to my stomach. This has all been happening to me in CA, as well. I was in the process of getting a lawyer, because it reeks of fraud!!! If there is a class action lawsuit being put together, I have more info to input and would DEFINATELY participate! I’ve done everything, above and beyond, required in the program, and have been given the run around, had lost payments, and been told to call back in a week so many times I’ve lost count. My payments have been taken for a program I was told I’m no longer in, because of mistakes made on Wells Fargo’s behalf, mistakes…? I think not. This had all been done in a caculated manner, and I am now in jeopardy of losing my home over it. I would be more than happy to provide more info. as my story is VERY much like the above…it’s all been a set up.

  330. RICO knows no bounds….Plenty of customers for that class action. Make it national.

    there is no real reason for them to
    1) MODIFY
    2) “WORK WITH YOU”
    3) MEET INVESTOR GUIDELINES (non existent)
    4) PROCESS YOUR PAYMENT ETHICALLY ( I lost it, no, I found it!)
    5) NOT TAKE YOR MONEY
    6) NOT TAKE THE INSURANCE MONEY
    5) TELL YOU THE TRUTH
    6) NOT LIE
    7) HELP YOU
    8) NOT COMMIT FURTHER CRIMES

    I think a good attorney could make a case for extortion for the servicer collecting under the guise of a mod, collecting the MI money, and foreclosing anyway. Lost and found checks, these people are criminals. wise up. stop paying. and no, this does not constitute legal advise. these are the rantings of an out of control Dago who is unhinged.

  331. We are looking for people willing to join a possible class action suit against Wells Fargo in ID. Please call Robert at 860-599-5557 for details of how to get on board.

  332. I have floundered in the aftermath of Wells Fargo Bank (WFB) fraudulent activity for the past five years. I had 8 Wells Fargo accounts with long history in good standing and no negative activity up until the point in time Wells Fargo Bank alerted me to fraudulent activity occurring on my HELOC, which is secured with my primary residence that I’ve paid another lender the past 23 years. WFB , at WFB sole discretion , unbeknownst to me, designed and printed ‘convenience’ checks accessing my Home Equity Line of Credit, to include in bank promotional mailers. As it turned out, WFB negotiated fraudulent access to my HELOC with a 21 year old repeat offender, known by WFB to have accessed other WFB customer accounts fraudulently before mine.
    The events that unfolded from that point in time would certainly horrify anyone should they happen to them.
    Over a 90 day period my deposit accounts depleted not by the kid forging promo checks, but by WFB in fraudulent electronic withdrawls and bank fees. In addition , in a one month billing cycle WFB charged approximately $10,000. in overdraft deposits to the compromised checking account on a platinum mastercard that did not carry an outstanding balance to replenish the funds WFB withdrew in a repetative cycle. The only two WFB accounts that remain open today are the two liability accounts. The WFB Heloc is secured with my primary residence in AZ and the WFB home mortgage is secured with my second home in IA. Both were were considered to have high equity /low mortgage balance ratio, at least until Wells Fargo’s aggressive pursuit to take everything I’ve worked for via fraudulent, deceptive, methods.
    I participated in a criminal prosecution case to convict the 21 year old repeat WFB offender , with no help on the part of WFB. In fact, WFB hindered the arrest, prosecution . Police consider checks, credit cards and anything bank account related to be the property of WFB and not the individual account holder. Police told me WFB would have to report any misuse of the account . Police told me I could not prosecute someone for stealing checks or abusing the accounts or property belonging to someone else (WFB). Instead, WFB reported the negative account activity against me, a victim of WFB fraud causing my good FICO score that consistently ranged 704 – 800 pre-fraud to plummet so low I could not even open a bank account at any institution for more than three years, In fact it wasnt until the FBI announcement last January 2008 of their investigation of the 14 financial conglomerates for fraud for profit that I received the investigative results from equifax and transunion deleting the negative WFB accounts from my credit profile that I was able to open a bank account and use a visa card once again. This is not the worst of it, and I wont go on and drown you with all my verbiage. Is there any legal counsel who might take a stand for integrity who might help me or am left to floundered alone as WFB takes my money and my homes, just because they can.?
    I just received a Notice of Publication dated Aug 27th, 2009 from WFB legal counsel that mentions a Petition was filed July 23, 2009, though no copy of the Petition provided to me. I have never received mail of any kind at my Iowa address, but would bet this is where WFB covertly served the Petition, knowing I am currently in AZ. Last year I received scanned copies of fraudulent HELOC documentation that has been altered, and supplemented with undisclosed documents including a forged Deed of Trust that was recorded. The alterations are obvious with typo’s and erasure smudges, and the forged signature easy to see different from other recorded signatures. In addition, the fraudlent Deed of Trust, that WFB notarized stating I signed in the presence of the Notary, easily proven false. I paid 25% cash down when purchasing both homes. I ‘ve paid my AZ home for 23 years to a different lender, and I’ve paid the IA mortgage since January 2001. I need to find legal counsel and have yet to be directed to any one who can really help. The most difficult thing for me to reconcile with, is the evident inabilility to find legal recourse for criminal acts that would be considered felony crime if commited by the micro of society.

  333. Average Joe. send me a phone number at usedkarguyatyahoodotcom, and I’ll call you tonight.

    read my post above on 3/18, that’s where you are headed.

  334. The saga continues, I sent the QWR as I was suggested on this site. I contacted someone to look into a forensic audit as it was also suggested. I made the mortgage payment even though WFM told me I am in active foreclosure and they wouldn’t accept it, it was accepted. I just found out their attorney has filed a motion to make additional parties defendant, claiming I am deceased. Its odd the only reason I am in active foreclosure is because on the last payment of the Special forebearance my daughter put the wrong date on the check even though it got there ontime it was considered late and a violation of the Special Forebearance. When I finally got that squared away and got into another payment plan I was dropped for failure of investor guidelines. I still have no idea what that means. I am starting to think that there has been alot of mistakes made here, and that this may need legal representation. As I still have their attorney hounding me, I have people offering to buy my house at nowhere near its value. There is alot of STRESS my family has to endure, not to mention the embarrassment of being in the local courthouse. The sad thing is I can afford my mortgage, I am a self employed individual that fail into this situation because my clients could not afford to pay me. I contacted WFM about this and their process took forever to get going, and during their review I was not supposed to make payments, being nieve I did not. So I fell behind more then my initial one month. Then when the Forebearance was cancelled due to the check issue as mentioned above, then I fell into Active foreclosure and POOF my credit is trashed ! I was told when I entered into this last forebearance that the Foreclosure would cease but she hasn’t she’s getting more intense, I just need to figure out how to make her go away, how to get my credit restored and how to get out of this mess that I have fallen into. I have even contacted the court about all of this and was referred to the mediator which may of put a hold on all of these proceeding atleast for now, but I am sure there is more I can do and I am looking for any guidance and or experiences anyone can offer.

  335. Joe, try this company for an audit. They work with the Foreclosure Angel Foundation and are used frequently as expert witness. She is in Oklahoma City. Her number is 405-843-7749.Her website is oklahomaexpertwitness.com She might even be able to recommend an attorney in Ohio. Her name is Eva Sparks. I’ve been in contact with a paralegal in OK. She is with Advance Paralegal Service LLC. 1-888-519-6536. Also the web site to the Foreclosure Angel Foundation is foreclosureangelfoundation.com. these are great people and will helpif they can.

    Hope this helps you.

  336. Thanks UsedCarGuy, I have found an example of a (QWR) and I am looking into this forensic audit. Your correct about Ohio presently there are over 8500 listings of foreclosures in Ohio and that is just on one website I found. There are also alot of lousy attorneys out there so how do you find a good one? I know I am being ripped off but I am just not well educated in mortgage law and I am not sure what to do next. I got intouch with the presidential club and I am waiting to hear back. I called Loss Mitigation to find out my loan is inactive review and that I can’t make a payment unless I want to bring the loan current and they seem to of added about 1600.00 in misc fee’s as well as they seem to have forgotten about two payments of 1232.00. Any advise on an attorney that gets it in N.E. Ohio that can practise in the county of Portage? Its odd my loan is in active review, and my home is in the active foreclosure. I just keep waiting for the county to show up and tell us to leave. Its really odd and sad I can afford my mortgage I fell behind one month because of the processor time of Wells Fargo one became 3 and their records show 6 .. very odd.

  337. Hey Average Joe! Start fighting. Do not sign any forbearance agreements, loan modifications, or anything that conveys the real estate back to the lender. YOUR name is on the title to the property for a reason.

    Wells Fargo is predatory in their actions and intent. The only time I mailed a payment (instead of paying at a branch) was the time they “lost” my payment for three weeks. Then they deposited the check after I paid them the “missing payment” plus a late fee. They are operating in a criminal way. It is their intention to force you into arrears and create a default.

    Start reading this blog, and research your closing documents. You pull out your asset statement and application that you signed at the closing. If the information doesn’t jive with what you told the originator, and you have proof, you have a case of fraud in the origination. If your terms were different at the closing than what you were promised, you have more violations.

    Demand to know who holds the note on your loan, what Trust it was sold to, and file a Validation of Debt Letter (QWR). They will not tell you anything! You will not find out the name of the trust until they file the foreclosure. Is it a “Wells Fargo Asset Securities Corporation, Wells Fargo Home-Equity Asset Backed Certificates 2005-1, 2, 3, or 4?” HSBC Bank as Trustee? All 4 of these vintages remain unsold on dealer shelves. I don’t know about the 1, 3, or 4 trusts, but 2005-2 is suffering 40% default ratios.

    Answer your foreclosure suit and make counterclaims (charges) for the wrongs that occurred. LOOK AT THE SAMPLE PLEADINGS HERE ON THE WEBSITE.

    All the monies you pay in an attempt to “prove” yourself to them is little more than EXTORTION. You were approved and underwritten at the origination of the loan.

    Hold on to your “NOTICE OF INTENT TO CHANGE INTEREST RATE ON ADJUSTABLE RATE NOTE” THIS IS IMPORTANT!

    If you look at all the balances and payment history, you will see that your loan is being paid whether or not YOU are paying. LOOK AT THE BALANCE AND NUMBER OF PAYMENTS MADE. YOUR LOAN IS NOT IN DEFAULT!!

    I am not a lawyer, and this information is not to be construed as legal advise. These are my personal experiences that I am relating to you.

    I’ve spent the last year or so working on this. It is NOT EASY. Much to learn and understand. Stop paying Wells Fargo and start paying an “Attorney who Gets It”. You are in OHIO, a very fertile battleground. I urge you to retain qualified counsel, but learn first what you have to fight with.

  338. to averge joe in ohio. get a forensic audit. i know of one that is highly credible and works with a non profit foundation.

    our house was up for sale but somehow at the last minute our HUD specialists talked them into giving us a chance. they agreed to 10 days and they are reviewing us again.

    another thing. I don’t know if your representative would know (Congress) but ours–Rep. W Cassidy told us if they are not following the guidlines by the Pres., then you can find out who oversees them in your area and file a complaint. You also have the right to find out who the “investors” are. We have written a letter of request for that. There are other options we found to fight this immoral behaviour by these people.

    Trust God to point you the right way. He will. He hears His children and He’s reaching out for us to trust Him. These things I’ve mentioned will help and were given to me by people who care what happens to us. Just remember there are ways to combat this stuff. We haven’t stopped.

  339. Hello all I am new to this site, and like most on here I have a ‘horror’ story about Wells Fargo. My loan was sold and picked up by Wells Fargo, due to the economic situations and being self employed I found myself in a position where my clients could not afford to pay me. I was unfortunate enough to fall behind on my mortgage, I spent a lot of time contacting Wells Fargo to get a forbearance agreement together and the opportunity to keep my home. Then recently my house fell into foreclosure due to Wells Fargo stating I was one day late on my loan payment. The odd thing is that the check was not late, it was apparently sitting on someones desk, as it was mailed out with more then adequate time to get there. I didn’t find out about this for several days after the fact, when a notice arrived at my home that was Wells Fargo returning my check and now telling me I was in active foreclosure. This was followed by an attorney filing in my local court house against me. Once I got word about this, I contacted Wells Fargo and after several communications I was able to get another Forebearance agreement started. I complained to the CSA that the payment was made on time and that I really did not understand any of this. The CSA did not have any answers for me and just gave me alot of run around. When the documents finally came I noted that on them as well as sending bank statements showing adequate funds for payment and the note of returned check. When I signed the agreement I was told the Foreclosure state would be marked as closed of course that is not correct its still marked as open. I complained to the clerk of courts but have had no response. So I never fell out of Foreclosure all I did is to make a large initial payment that Wells Fargo requested to be allowed into the program and then to make several more payments only to be told my plan for repayment was denied due to Investor guidelines. What does this mean? Denied due to Investor guidelines. How is it you can make the payments as you agreed to, but yet your payment repayment plan is denied. I was even smart enough this time to send the payment 6 to 10 days early and to use Western Union and direct payments from my account and eliminate the possibility of the payment sitting on someones desk. I think I am getting the run around here and I need help as I do not know how much time I really have to save my home. I live in the state of Ohio in the county of Portage.

  340. NOT SO FAST!!!! I thought they were asking to settle, they were just taking my temperature. So the fight continues. I really need to talk to others here in Wisconsin with fraud claims. Department of Justice/Department of Financial Institutions has received my case and supporting documents. I am waiting to hear back, but they seem interested since the Supreme Court handed down that ruling 2 weeks ago. If you have been the victim of fraudulent origination, please let me know. usedkarguy@yahoo.com

  341. I want to make a point as I write my final post. The people who have taken on this mission are truly the best that humanity has to offer. Neil had come out of retirement to help people he doesn’t even know. He’s an extraordinary man. I think he will go down as the ONE person who has done the most for this movement. Maher Soliman, from Borrower Hotline, is a REAL GENIUS! I remember reading a post from a follower who said he was spouting “mumbo jumbo” or something to that effect. Shame on that reader for not taking the time to learn and understand what Maher was saying. I have never received so much help from a total stranger 2000 miles away from home, as that which Maher Soliman has provided me. I truly believe the issues he put forth were the determining factor in me winning my case. That said, you need to BELIEVE! These people are not kidding around. If you are told something, take it as the truth and go research and learn for yourself what this man professes. He is “THE JURIS PRO” you will need to make your case work!
    I am moving on now. But had it not been for this website and the people who contributed, shared information, pleadings, discovery, news, etcetera, I would still be losing sleep at night.

    So please, PLEASE, accept what you learn here as the truth, the whole truth, and NOTHING BUT THE TRUTH!

    SEEK, and you shall FIND!

    God Bless You All!

    usedkarguy

  342. I recently applied for a refinance through WF and the branch loan officer actually told me to call him once I found out who my appraiser was so that he could let the appraiser know what the home needed to appraise at.

  343. I can attest to Homeq/Well Fargo being hard to deal with, and not only will they want the money upfront, without giving you a thing in writing, if they go thru your financials and find any discrepancies that could change the modification AND you don’t agree they have your hard earned money. Also the modification will only be for 5 years at which your loan will adjust to the full indexed rate down the line. This is risky, since who knows what the economy will be like in 5 years and if homes value will increase enough for refi and credit scores will bounce back. We got a legal aid attorney here in NY and she found an assignment issue which now will force them to start the foreclosure process from the beginning. If you don’t qualify for legal aid, then get someone to review your closing docs ASAP, im sure there will be some kind of issue they can get the foreclosure postponed until you figure your next course of action. We are looking now to have a forensic audit of the closing docs to find any violations to make a deal we can live with. The current offer we told Homeq and Wells Fargo to SHOVE IT!

  344. Just to let some of you know. The foreclosure notice we have says it Wells Fargo/Barclay bank (that’s in the UK) and Homeq Servicing.

    I’m reading these blogs and its amazing! We have been going through the same things. Do we have time to fight any of this? We will need an attorney, can anyone help with that?

  345. We are having problems with Wells Fargo/barclay/homeq…..We have tried everything. We also were forced into Chapter 13 but still couldn’t pay what they wanted when we had a Hurricane under bankruptcy budget. Our attorney agreed to a forebearance which we informed them we had no way of paying and was told to find the money from somewhere. We tried and tried to make modifications with Homeq they say we have to come up with 9557 before they’ll even agree to a loan modification. We have to make 4 payments after they receive that money then it will be transferred for a loan modification. We have to come up with that money by July 8 or our hme will be in foreclosure sale July 22nd.

    Can anyone out there help us????

  346. Thank you i will scan the docs and email them as a pdf. There are alot of pages since this was a no down, 100% financing. Therefore there will be 2 sets, 1st and 2nd loan. May i ask how long does it take for this preliminary review?

  347. Dana
    Go click on the “Homeowners” tab on the home page then look for the link “Start Here: Request a Preliminary Doc Review”

  348. P.S. I will presume since im awaiting to be served again I will need to answer in 20 days. Can someone help me with a foreclosure defense answer?…Thanks

  349. usedkarguy, thanks for your input. Well we went to court Wednesday and it turned out that our legal aid lawyer found that the mortgage was assigned (2008) after we had been served (in 2007) so she had it dismissed. Now we were told my “Wells Fargo as N.A. Trustee’s” attorney that they will have to reserve us again and start the foreclosure process from scratch., and the previous offer may come off the table. And the legal aid lawyer cant continue with us because its now considered a new case and they are not taking new cases. I would like to get a forensic audit of my closing docs to find anything that would make Wells negotiate better terms. What can i do at this point?

  350. We Hired a attornry and ask for a Modification to our First and Second Mortages a year ago.
    Wells Fargo and Citi
    Both stalled, refused, lied, and then after Wells Finally agreeded to a workout, they Foreclosed without explanation or a proposal.

    I too refinanced with M___ somthing in Urah a year ago to get away from Wells Fargos (Flat out Fraud)
    Same here, Wells Fargo was using a front company and owbed the mortage all along.

    Now they are forcing me into a Chapter 13, as they have tacked on so many fees on the Modification we can’t live with the 15K that costs us 45K in 30 years.

    Is there nothing the Gov’t will do to stop these crooks.

    Why are we not seeing big Class action suits filed against Wells Fargo and Citi

  351. Dana:You are not only being set up for a fall, they are taking your money in what amounts to extortion: “Give me your 15 large and we’ll think about it”. The 5-year rate lock is a band-aid. They are looking to re-sign you to another note to affirm the debt that they can’t prove ownership to in the first place.

    and Simon, what’s the name on the entity that’s suing you in the foreclosure? Just Wells Fargo N.A., or is there a trust named? they can’t assign the note to the foreclosing party after the foreclosure was filed. And you’re looking to file Motion for Default Judgment, based on their default to answer or appear. How do you know the appraisal is fraudulent? 20% higher than the year before?

  352. Hello everyone:

    Ok i have been dealing with Homeq (Wells Fargo as a trustee) for almost 2 yrs with nonsense. Long story short we have come to a modification agreement and have the funds to put down for it, a considerable amont lets just say over 15k. Well has anyone ever heard of this, Homeq wants the money, but, put nothing in writing until they get the money first…”are they insane”…and this was told to our attorney. My attorney told them infactically that is unreasonable and unadvisable. Who has any kind of contract and not get it writing when funds are given. We also dont like the 5 yr term either. Its like a set up to fail in the future if you ask me. We are going to present this i court next week and any judge in their right mind would be nuts to think this sounds legitimate. Anyone else here have this situation?

  353. I love your website, it has given me much info to try to defend myself.

    I am in Illinois, I have a “prime” loan with fraudulent appraisal. I refinanced with a lender, then refied again 3 years later (in 9/05). The new servicer was Wells Fargo. I then find out that Wells Fargo had been on title since the day of the first refinance.

    Anyway, it’s like I was paying the same loan all over again, and Wells Fargo never credited any of the payments from the first refi. The machine that hid Wells Fargo on the second refi was MERS, but Wells never released the first refi.

    We exercised right of rescission within 3 years, since we only figured out that the loan was predatory at that time (6/2009). They ignored the rescission letter, and a second letter we sent a month later. In 9/2009 we sent a letter stating it would be the last payment we make because they forfeited. 2 months later they filed for foreclosure in State court.

    At the first hearing we were told by the Wells attorney that we can’t rescind because Wells is an assignee.
    Funny, that assignment from MERS was written by thier own company lawyer. Yes, an attorney from Wells Fargo acted as an officer of MERS and assigned the mortgage, after Wells filed for foreclosure – that’s when I checked the county records and found out that Wells never released it’s 2002 lien when we refied in 2005. So, Wells had lien since 2002, even before the second loan was made.

    And the first refi was done with a different lender, but in those docs Wells was made the “servicer” (and filed lien) on the day of closing. So, how can MERS transfer the mortgage to Wells if Wells Fargo already had the security, and who paid Wells at the second refi? Wells paid itself? Anyway, it all looked even more suspicious after we found that lien stuff. We don’t think Wells Fargo the assignee at all. Actually, we can’t figure out who owns our note. It is not recorded in the county – how do we find out who has it, or had it?

    We are in Fed court, Wells Fargo is a defendant. It has been over 50 days and they have not filed appearance, but the originator and broker have asked for more time to answer.

    We are pro se, but can’t find a lawyer that will take us on contingency, and we don’t qualify for free attorney, can’t afford even the low-cost attorney who wants a $5000 retainer. Judge denied forma pauperis but we can proceed pro se and judge will determine whether or not to order court-appointed attorney once all answers have been made.

    Wells hasn’t even filed an appearance, it’s well over 40 days since service of summons. We don’t know what we can do next – we ask around and read but can’t seem to figure out if we should try for motion of default, or if it is even allowed.

    We are appreciative of any ideas on what to do next, and also would like to know how one finds out who bought the note. Thanks in advance – you are a help to many, many people!

  354. Hello to all! Is there anyone out there who has found falsified asset statement information in their Wells Fargo loan origination documents? If you have experienced this, please contact me at usedkarguy@yahoo.com. I am pursuing RICO/WOCCA (Wisconsin Organized Crime Control Act) charges against WFHM and I would like to hear from you. Thanks for the help. Roger

  355. I have been reading this site for awhile. You guys share some valuable info. I offer my deepest gratitude for your hard work.

    I too am in a fix with Wells Fargo. I wanted to do a re-modification back in December. Had never been late in 30 years. Needed the re-mod due to the economy and the ARM to adjust out in two years. They suggested I stop paying and I submitted proof that my business was suffering, and 4 approved loans with excellent credit never funded. Yes, I tried 4 times. Then they sent me a ridiculous loan remodification that “raised” my payments $500.00 as well as increased the mortgage balance. It was truly ridiciulous. I refused. The President’s office said I would qualify for the Obama plan. I thought “ok” now what. They they put so much duress on me to sigh the ridiulous mod that I just refused and felt something was up. They kept saying that the “investor”, Bank of America wouldn’t lower the rate to 2% and extend the amortization. Right….I didn’t recognize Bank of America and Wells Fargo kept shift changing about who owned the debt. SOOO, I went and pulled the Deed of Trust, Promissory Note, etc. It wasn’t anyone that was even in business anymore. I then researched the obvious “MERS” and figured out what really is going on with Wells Fargo and etc. They are only claiming now to be doing Freddie and Fannie backed loans under the new re-modification plan…..and I am still hanging. Now after owning my home 12 years, and refusing the ridiculous remodification they offered…they say I am going into foreclosure. I have sent a certified requesting their position on who owns the loan….(that is how I got the Presiden’ts office to call). Ok, big deal because I am still not making progress. I feel like laying the keys on the counter and walking. ….does anyone have any suggestions? This is utter nonsense. It doesn’t take a rocket scientist to figure out that 60% of all loan remodifactions are going into foreclosure after 6 months. No doubt due to this kind of a lender position. Who would allow a mortgage company to raise principal and increase a payment? Any advice would be grately appreciated. What should I do with them now?

  356. Can anyone tell me how I can find the same information on as in your Wells Fargo prospectus
    above.

    Wells Fargo Bank, N.A. as trustee for the certificate holders of structured asset mortgage investments II Inc., Greenpoint MTA Trust 2006-AR3, Mortgage-PassThrough Certificates, Series 2006-AR3.

  357. April 23, 2009 California Attorney General Edmund Brown has filed a lawsuit, on behalf of investors, against three Wells Fargo and Company affilliates. Wells Fargo Brokerage Services LLC, Wells Fargo Institutional Securities LLC, and Wells Fargo Investments, LLC are the named defendants. The lawsuit alleges false and deceptive advise regarding the Auction Rate Securities sold by the firms to their customers. This suit, filed in San Francisco Superior Court, is one of several that have recently been filed against Wells Fargo and their partners in the funding, construction and sale of mortgage backed securities. Another suit recently filed by the New Orleans Employee Retirement System, filed in the Northern District of California Federal Court, highlights the lack of underwriting, blatant fraud in origination, and errant information provided to investors in the prospectus regarding creditworthiness of borrowers and bad appraisal practices regarding the collateral itself.

    Keep up the good work!

  358. April 23, 2009 California Attorney General Edmund Brown has filed a lawsuit, on behalf of investors, against three Wells Fargo and Company affilliates. Wells Fargo Brokerage Services LLC, Wells Fargo Institutional Securities LLC, and Wells Fargo Investments, LLC are the named defendants. The lawsuit alleges false and deceptive advise regarding the Auction Rate Securities sold by the firms to their customers. This suit, filed in San Francisco Superior Court, is one of several that have recently been filed against Wells Fargo and their partners in the funding, construction and sale of mortgage backed securities. Another suit recently filed by the New Orleans Employee Retirement System, filed in the Northern District of California Federal Court, highlights the lack of underwriting, blatant fraud in origination, and errant information provided to investors in the prospectus regarding creditworthiness of borrowers and bad appraisal practices regarding the collateral itself.

    Keep up the good work!

  359. Ladiwais, I filed an anwer to the foreclosure action with counterclaims, all of which were “neither affirmed nor denied” by plaintiff’s counsel. Awaiting a scheduling hearing. I have not retained counsel as of yet, but expect to hear from him soon. If I cannot retain, I will seek out one more atty and then take the action further by myself. Please note: You will not know who the foreclosing entity is until they start the foreclosure action. I am in a judicial state (Wisconsin), so they have to file a suit. WFHM refused to tell me who “held” the note for over ten months. claims included fraud in the factum, wire fraud, RICO, etc, etc.,. Action is only 45 days old

  360. usedkarguy, have you gotten the final filing or when does your attorney expect it. Have brother with same problem and courious to find out how fast yours went thru and how many items you sited besides original note and mortgage not being produced. Same kind of loan it sounds, expect his is a seven year interest only sub-prime no income no asset loan. Please post soon will be watching for your comments. or email direct to vickiroth1986@comcast.net…thanks

  361. Hi

    I have a fixed WF mortgage and all they will tell me is that the owner is “Goldman Sachs” and won’t give me any more info.

    Mark

  362. Hey, BT. E-mail me at usedkarguy@yahoo.com.

  363. USEDKARGUY are you outh there- i have a suit with wells frago as well, my situation sounds identical to your meniton in this blog, could i dicuss arrangements to get a copy of your forelcsure defense answer…

  364. E Emmet,

    Go to the Securities and Exchange Commission website at http://www.sec.gov. Scroll down to “Filings and Forms” and click on “Search for Company Filings”. Click on the first red bullet – “Company or fund name…” and type in “Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4″. There you will find all the public filings related to your securitized note.

  365. Neil, Wanted to provide an update to our readers and relate how my case has transpired so far. History is: Wells Fargo subprime ARM, rate got bumped from commitment letter at closing by a quarter point. Closed on loan anyway, paid over two and a half years and fell behind after they jacked the rate by 1 and 1/8 points at first reset (contrary to the adjustable rate rider). Wells Fargo offered loan mods tacking the balance on the principal and offering 40 year terms (to get me to re-affirm the debt). Declined, and by this time had found the LIVINGLIES website. Started by checking the closing documents and found inflated asset statement, errant work history. Now, I’m pestering them for “who holds the note, blah blah blah, by the way you lied on my closing docs, blah, blah, blah” and made myself a total pain in the ass! Collections would hang up when I answered the phone. When I called them, they had RED-FLAGGED MY PHONE NUMBER because I would torture the customer service people and loss mitigation people! Stopped paying the loan completely. Sent qualified written request, they ignored, sent another also charging them with the wire fraud, TILA, RICO, fiduciary violations, etc. Got the customary response of “We did nothing wrong…”. After telling them that I would accept written communications only, they stopped calling. Then, it took them 10 months to file a foreclosure with a foreclosure mill law firm. Answered their two-page foreclosure suit with a 100+ page answer with counterlcaims for the aforementioned charges plus others, with LOTS OF BACKUP EVIDENCE SUPPORTING MY CLAIMS. The case was immediately transferred to “Litchfield-Cavo”, a national HIGH-POWER LIABILITY DEFENSE FIRM. I think I NOW have them on the run! I have found competent counsel, he is reviewing my case, sounds excited!! Waiting to hear back from him on terms for payment/retainer/contingency (I don’t know what he’ll ask for). However, when the paralegal saw my four 4-inch binders filled with information on the case, including the prospectus, 10k, 8k, pooling and servicing agreement, background info, legal working paper and performance stats on the Wells Fargo Trust, she was amazed at the info and organization (hurray for me THANKS TO YOU!) Waiting to hear back for a motion hearing on an errantly crafted homemade “motion to compel”. Wells Fargo’s counsel did, however, make reference to “Defendants’ time-intensive approach to this action”, noting my sense of urgency to get it in front of the Judge (I served my answer 5 days after they served me, and the motion 10 days later). I am extremely optimistic and positive about the direction of the case. The message to all newcomers to this site is: READ-LEARN-RESEARCH-RETAIN-RECORD EVERYTHING! If you have just been served with foreclosure paperwork, please calm down. You are probably finding out for the first time who the real holder in due course is regarding the note (or the trust that holds the note). Regarding Wells Fargo Home-Equity Asset-backed Trusts: The pooling and servicing agreement and prospectus make two important statements to investors: (and I’m paraphrasing here) 1) Some of our loans may be deemed to have been originated illegally, or be deemed to be illegal depending on state laws, and 2) Wells Fargo DOES HAVE THE RIGHT TO MODIFY LOANS IN THE BEST INTEREST OF THE INVESTORS/TRUSTEE! Do you know how many times I was told by Wells Fargo reps that they have no power to do anything??? Except maybe increase your balance or increase the term! So, that being said, TAKE A DEEP BREATH, RELAX FOR ABOUT 30 SECONDS, and do your research (as fast as you can)and prepare your answer with as many counterclaims that you can back up with facts. Get your mortgage audited, and STAND UP AND FIGHT! IT CAN BE DONE! YOU ARE NOT ALONE ANYMORE. THE TOOLS ARE ALL HERE ON THE WEBSITE! Thanks again Neil, Brad, Maher, Mario, Allan, and all the contributors! Everyone here represents “The Best Humanity Has To Offer!”

  366. Can anyone tell me how I can find the same information on as in your Wells Fargo prospectus
    above.

    Wells Fargo Bank, N.A. as trustee for Option One loan trust 2005-4, asset-backed certificates, series 2005-4

    Note that Option One was sold to American Home Mortgage (owned by Wilbur Ross) based in Long Isalnd.

    Thank you

  367. THANKS NEIL!!!!
    You are a God-send.
    Any instructions or pointers on how to analyze these numbers?

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