Illinois Class Action on Service – David L. Washington, v. Wells Fargo Bank, N.A., Bank of America, N.A., Country Wide Home Loans, Inc., TCF National Bank and Indymac Federal Bank

Class Challenges Foreclosures in Chicago

CHICAGO (CN) – Wells Fargo, Bank of America and other mortgage lenders have been improperly serving summonses in Cook County foreclosure cases since 2007, and a class action demands that everyone served under a court-ordered procedural change be “deeded their properties back.” The class claims that the presiding judge of Cook County Chancery Court approved the rule change, improperly assuming a legislative function, violating the separation of powers.
The class action in Chancery Court challenges an administrative order allowing mortgage companies to issue “blanket appointments” to process servers before a case is filed.

Lead plaintiff David Washington says the order is unlawful because only the Legislature has the power change service procedure.
“This case concerns a misguided plan to change and simplify the procedure for serving process in Cook County foreclosure actions filed by major lenders, loan servicers and holders of mortgage liens,” the complaint states. “That plan, hatched by those lienholders, and presented to the presiding judge of the Chancery Division of the Circuit Court of Cook County … went awry because it failed to respect the constitutionally required separation of powers between the Illinois Legislature and the Illinois judiciary.”

Wells Fargo foreclosed on Washington’s property in 2008. Also named as defendants are Bank of America, Countrywide Home Loans, IndyMac Federal Bank, TCF National Bank and “Unknown Defendants.”

Washington says that since he was not properly served, the bank’s foreclosure and subsequent sale of his property was illegal.
“Simply stated, even though any change to the Illinois Code of Civil Procedure – which governs the procedure for serving process in all foreclosure actions – could only be effected by action of the Illinois Legislature, the defendants convinced the presiding judge to issue an administrative order which changed the service procedure solely for Cook County foreclosure cases,” the complaint states.
“This improper change occurred on June 22, 2007. Accordingly: (a) every foreclosure borrower who was purportedly served with process through that improperly changed procedure (such as plaintiff), and who thereafter did not consent to the Circuit Court’s jurisdiction, was not properly served and should not have been subjected to any court orders at all, including but not limited to, the judicial sale of their property, (b) the court orders entered following improper service are void, and (c) every lienholder who benefited from such court-imposed relief following improper service has been unjustly enriched.”

Washington wants the court to “order defendants to cause plaintiff and the class to be deeded their properties back.”

The class is represented by Edward Joyce.




3 Responses to “Illinois Class Action on Service – David L. Washington, v. Wells Fargo Bank, N.A., Bank of America, N.A., Country Wide Home Loans, Inc., TCF National Bank and Indymac Federal Bank”
  1. Flex says:

    There you have it Folks!
    Another way to expose the banksters use of powers by influencing the Judges in the courts. This is why they are paying millions of dollars to retired Judges to expedite their rocket-dockets as they call it in Florida.
    When have anyone ever seen retired Judges coming out of retirement to do this type of work?
    Who of those retired Judges had ever seen any Affidavits that have to do with foreclosures?

    Since many of these retired Judges were born with a silver spoon in their mouth, they do not understand what is going on. They simply see the case like this, homeowner owes the debt because borrowing the money. The plaintiff in this case the bank is foreclosing because the borrower could not pay the debt. So, what seems to be the problem?

    Since the banks took advantage of the crisis and the chaos, they thought the more, the faster, the better to foreclose on these deadbeats that don’t know anything about Mortgages, Banking, Litigation, Rights, and everything to do with Property Law. The worse hit in these scenarios are the foreigners who do not speak English and they don’t understand the laws in the U.S.

    Many of them are running scared because of the threats from the banks, the harassment, the humiliations, and the dirty and nasty tactics used by the servicers, so the homeowners abandon their properties, and the banks’ attorneys will be able to say to the Judge, your honor, the house is abandoned, vacant, left in very poor condition, and now is deteriorating the community and possibility of exposure to vandalism. What do you think the Judge is going to do in this case? Of course, give the home to the banks and sign the affidavits in a heartbeat.

    The real culprit of the story is the counsels that represent the banks. They know they are committing perjury in the courts by creating documents that are not real, that don’t exist, that are falsified by their foreclosure mills, and worse of all, the robo-signers, the false stamps and signatures of Notaries that sometimes don’t even exist. This is why the banks are paying millions to Lobbyist to pass the bill to legalize Notarization in other states. Can you imagine buying a property in Florida and later on find out that the lender notarized your note or deed of trust in Texas the same day or time, or even worse many months or years later.

    That’s is really something out of this world! Many people don’t even understand what is going on about the robo-signer scandal, let alone, what is even more difficult to understand for the average American, is the process of securitization that took place before you even purchased your home. The public is not very well inform by the media or by anyone. Even the highest professionals in the U.S don’t know what the banks did and had done for decades in Wall St. with Mortgage Backing Securities.

    I just can not begin to comprehend when will be the end of this saga. Everyday there is more and more, something new and irritating that you wonder, will this ever end? Would it ever be Justice in America?
    Is there anything right done by anyone in the banking system? The government can not even find the right kind of individuals to investigate or deregulate these monsters. Yesterday, I was so inspired to write a comment for the informidable job done by whoever thought that by putting Mr. Timothy Geithner, Ben Bernanke, and Schapiro in charge of any investigation, is like putting the Foxs in charge to take care of the chickens in the farm.

    Don’t we have very smart people in the country who are very well educated in this field? For example, I can think of a handful of people, and I am not near to said the least knowledgeable about all these things. How about Mr. William Black, Mrs. Elizabeth Warren, Professor Levitin, and many economics like Simon who has many years of experience. How do you like my list so far?

    The banks were left free and clear to do whatever they want and still they do. The banks have Billions and Trillons of Dollars and now more than 6.3 million of Foreclosed homes in their shadow inventory. Unless, all the investors and homeowners get together and suit the banks, and all the American People take their money out of these banks, they will continue taking advantage and destroy the Freedom that we all have enjoyed for hundreds of years. Once this Freedom is taken away by the banksters and the government, America will never be the same.
    We are too busy celebrating every occasion and we had been brain washed to believe that everything is fine and go out and enjoy spending your money, specially this coming Black Friday. How many of you are going to be in line so you can get an electronic device for pennies on the dollar?

    I would like to share with you and your family and friends a video that is put together by a group of very smart people who know and understand what is going on in America today. Please copy the link below in your browser and watch an amazing documentary put together by NIA.

    This video shows you exactly what could happen in the very near future during the first 12 hours of a U.S. dollar collapse:

    Please watch ‘The Day the Dollar Died’ immediately and share it with all of your family members and friends tomorrow on Thanksgiving!

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    Have a wonderful and warm thanks giving with your family and friends. God Bless You and God Bless America!!!

  2. Mark Jeffers says:

    I KNEW IT WAS COMING!!! I’ll be tracking and supporting your progress here in Chicago. THANKS FOR YOUR WORK!

  3. Sui the Gator says:

    I bet Provest LLC was involved with the Serve that was done incorrectly..


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