NYT: Wells Fargo Pattern of Filing False Documents with Federal Court

It’s nice to see Gretchen Morgenson back on the beat of financial fraud. We need more exposure to what everyone who has battling foreclosures already knows — that virtually all of the documents relied upon by would-be foreclosers are false, fraudulent, fabricated and forged. These revelations appear to be the only way judges will stop allowing presumptions of false facts to dominate their rulings.

It is safe to assume that if the documents, business records or even correspondence is from Wells Fargo there is a high likelihood that it contains false information. This is most likely true for the other mega banks too.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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see https://www.nytimes.com/2017/06/14/business/wells-fargo-loan-mortgage.html?partner=msft_msn&_r=0

In this article the New York Times exposes a practice that baffles al most everyone — unilateral changes in alleged mortgage documentation. While this article centers on Wells Fargo Bank changing the terms of an alleged loan contract without notice to anyone, virtually all lawyers who defend foreclosures have noticed that in many cases the signature page of a note or mortgage has been fabricated and forged and attached to a different version of the note or mortgage that was signed.

Personally I have seen this several hundred times. But some of the changes are more insidious than others. While the changes in many cases appeared to benefit borrowers, they actually increased the term by decades assuring that the Bank would be paid far more than what was really owed even if WFB was the creditor or authorized servicer. As always this is done through increasing the complexity of the language and double-speak.

Some quotes from the New York times article published yesterday:

Even as Wells Fargo was reeling from a major scandal in its consumer bank last year, officials in the company’s mortgage business were putting through unauthorized changes to home loans held by customers in bankruptcy, a new class action and other lawsuits contend.

The changes, which surprised the customers, typically lowered their monthly loan payments, which would seem to benefit borrowers, particularly those in bankruptcy. But deep in the details was this fact: Wells Fargo’s changes would extend the terms of borrowers’ loans by decades, meaning they would have monthly payments for far longer and would ultimately owe the bank much more.

Bankruptcy judges in North Carolina and Pennsylvania have admonished the bank over the practice, according to the class-action lawsuit filed last week. One judge called the practice “beyond the pale of due process.”

The lawsuits contend that Wells Fargo puts through changes on borrowers’ loans using a routine form that typically records new real estate taxes or homeowners’ insurance costs that are folded into monthly mortgage payments. Upon receiving these forms, bankruptcy court workers usually put the changes into effect without questioning them.

see also:

Coverage

  1. Justice Department Weighs In Against Wells Fargo in a Whistle-Blower Suit JUNE 6, 2017

  2. Accusations of Fraud at Wells Fargo Spread to Sham Insurance Policies DEC. 9, 2016

  3. Wells Fargo Warned Workers Against Sham Accounts, but ‘They Needed a Paycheck’ SEPT. 16, 2016

 

7 Responses

  1. Not exactly a shining endorsement coming from KPMG:

    ASSESSMENT OF COMPLIANCE WITH THE APPLICABLE SERVICING CRITERIA
    https://www.sec.gov/Archives/edgar/data/1574593/000119312516523860/d161327dex331.htm

  2. Javagold, you ask a very deep, but very relevant question; where is the money owed to you?

    Now,in simple layman’s terms there are two types of money; money-of-account which is what the public know; this is not money, but digital book-keeping entries, and, cash money is merely IOUs; we live in a debt-based society; there is no more lawful money;

    On the other hand banks use money-of-exchange; bills of exchange, negotiable instruments and promissory notes; the UCC;

    So, when you go to the bank for a loan or mortgage, the ORIGINAL documents you sign become the negotiable instruments from which the banks create more money-of-exchange;

    And, the first fraud is the banks make you pay the money-of-exchange with your own money-of-account; its apples and pears; the one can never contract nor settle the debt of the other; the Glass-Steagal Acts of 32-33 were supposed to help separate the two;

    So, the truth is that your hard earned sweat was “con”verted into promises to pay; unless we actually have something tangible in our hands, money is a liability, a debt, not a credit;

    As a result the Laws of Moses, the foundations of commerce and equity have been turned upside down: a workman is no longer worthy of his hire; Lev. 19:13 Thou shalt not defraud thy neighbour, neither rob him: the wages of him that is hired, shall not abide with thee all night, until the morning.

    The truth is that the banking and bar legal system were hijacked before 1909 when the US, a private corporation, was declared bankrupt and the people had to give up gold and silver to try and rehabilitate the bankruptcy, but the banksters and the bar keep revolving the bankruptcy-for-profit Ponzi scheme;

    Make Senator Ron Paul president and get Eric Le Compte to help end the fed and declare a debt jubilee; a moratorium on evictions, foreclosures and repossessions, basic income for all;

    And, as Jefferson said: “The issuing power of money should be taken away from the banks and restored to the people to whom it properly belongs.” in peace

  3. Public record are the pension fund holdings of all judges in every state,look at the pages after pages after pages of Mortgage Backed Securities they hold in them.Theres your answer why the rule for the banks,they have bought the courts and ruling for homeowners will directly affect their over inflated retirement monies,until they find out that there are no mortgages backing those securities.Then we might see a change.

  4. WF is ‘moving’ these loans from non-performing assets above the line to ‘regular’ loans on their balance sheets. Keep in mind that WF doesn’t own these loans!

    On Thu, Jun 15, 2017 at 7:53 AM Livinglies’s Weblocomment-reply@wordpress.com> wrote:

    > Neil Garfield posted: “It’s nice to see Gretchen Morgenson back on the > beat of financial fraud. We need more exposure to what everyone who has > battling foreclosures already knows — that virtually all of the documents > relied upon by would-be foreclosers are false, fraudulent, ” >

  5. WF stole my house with robosigned , back dated, incorrect balances on paperwork. I fought pro se , showed the courts the proof (that I uncovered on my own) in black and white and still the fraudclosure was allow to happen. Where is my money owed to me ???

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