More Wells Fargo Woes | Full Deposition of Stanley Silva, Notice of Default Robo-Signer

JOSEPH JONES and MEISA JONES,
and other similarly situated
persons,
Plaintiffs,
vs.
WELLS FARGO BANK, N .A. ,
NATIONAL DEFAULT SERVICING
CO., STANLEY S. SILVA, and
UNITED TITLE OF NEVADA,
Defendants.

~

New Point of Foreclosure Contention: Default Notice

Last year’s robo-signing scandals delayed tens of thousands of foreclosures in the 23 states where the process is handled in court. A new controversy could complicate foreclosures in the other 27 states.

At issue is the notice of default, the first letter that a mortgage lender or servicer sends to a homeowner who has fallen behind on payments. The notice typically starts the formal foreclosure process in nonjudicial states such as California, Arizona and Nevada.

Every notice of default has a signature on it. But just like the infamously rubber-stamped affidavits in the robo-signing cases, default notices, in at least some instances, have been signed by employees who did not verify the information in them, court papers show. In several lawsuits filed in nonjudicial states, borrower attorneys are arguing that this is grounds to stop a foreclosure.

“Whoever signs the NOD needs to have knowledge that there is in fact a default,” said Christopher Peterson, an associate dean and law professor at the University of Utah.

Uh oh, this could be very bad for the “banks.”

The report goes on to say…

In a lawsuit against Wells Fargo & Co. in Nevada, an employee for a title company who signed default notices admitted in a deposition this month that he did not review any documents or know who had the right to foreclose.

“They are starting foreclosures on behalf of companies with no authority to foreclose,” said Robert Hager, an attorney with the Reno, Nev., law firm Hager & Hearne, representing the borrower in the case. “The policy of these companies is to just have a signer execute a notice of default starting foreclosure without any documentation to determine whether they are starting an illegal foreclosure.”

Well, doesn’t that sound familiar…

In a deposition on Jan. 4, Stanley Silva, a title officer at Ticor Title of Nevada Inc., said he “technically signed” default notices for clients, which were often acting as agents of other parties, which in turn worked for others.

Ahhh, sounds a bit like MERS…

Silva said under oath that he never reviewed any documents or knew what company was the holder of the original note at the time he signed the notice of default.

Doh!

When asked by Hager if he signed notices of default “without verifying the accuracy of the information,” Silva replied: “Correct.”

“A huge percentage of notices of default and notices of trustee sales are legally questionable and probably void,” Hackett said. “Nobody with the authority to trigger the nonjudicial foreclosure process is triggering it — only third parties who claim they have the right to do so are triggering it.”

“Because there’s no court reviewing anything in nonjudicial states,” abuses are “probably even more rampant,” Gardner said. “This is just another example of robo-signing in a different context.”

So there you have it non-judicial states.

Here is a new area of attack on your new kind of Robo-signer…

Full deposition below…

~

4closureFraud.org

~

Full Deposition of Stanley Silva, Notice of Default Robo-Signer

Comments
8 Responses to “More Wells Fargo Woes | Full Deposition of Stanley Silva, Notice of Default Robo-Signer”
  1. laura cachu says:

    THIS LETTER IS IN REGUARDS TO ONE OF THE LARGEST, TOP RATED, HOME MORTGAGE LENDERS,
    WELLS FARGO, AND THEIR DECEITFUL, FALSE REPRESENTATION IN DEALING WITH HOME
    LOAN MODIFICATIONS/ REDUCTIONS.
    PRESIDENT OBAMA PUT TOGETHER A $75B MORTGAGE RELIEF PROGRAM, WHICH PROVIDES
    INCENTIVES(MONEY) TO LENDERS THAT HELP QUALIFIYING HOME OWNERS
    ON THE VERGE OF FORCLOSURE , THE GOAL WAS TO LOWER MONTHLY MORTGAGE PAYMENTS
    TO SUSTANIABLE LEVELS, BUT THE OUTCOME HAS BEEN THAT QUALIFYING HOMEOWNERS HAVE
    BEEN SCAMED AND THROWN INTO FORCLOSURE MORE THAN BEFORE.
    THE FACT IS THAT INCOMPETANT LENDERS ARE RECEIEVEING MONEIES BEFORE THE
    COMPLETION OF THIS LOAN MODICFICATION / REDUCTION PROCESS. HOMEOWNERS ARE BEING
    TOLD IN GOOD FAITH “THEY QUALIFIY ” AND WHILE IN THE PROCESS OF COMPLETION ,
    THEY ARE FORCLOSED ON ,
    I KNOW THIS FIRST HAND, I TOO WAS FORCLOSED ON WITHOUT ANY EXPLANATION.
    ON 07-2010 WELLS FARGO TOLD ME , I QUALIFIED FOR A LOAN REDUCTION/MODIFICATION
    BUT I NEEDED TO PAY 2300.00 FOR APPROVAL. I WIRED THEM 2300.00 THAT DAY.
    08-2010 WELLS FARGO PHONED ME WITH SOME QUESTIONS , THEY TOLD ME EVERYTHING
    WAS COMPLETE AND APPROVED . I TOLD THEM THAT I WOULD LIKE TO HAVE MY
    MONTHLY MORTGAGE PAYMENT DEDUCTED OUT OF BANK ACCOUNT, THEY WILL MAIL ME THE
    FORM.
    11-2010 RECEIVED THE FORM FOR DEBITING BANK ACCOUNT, I PHONED WELLS FARGO WITH SOME
    QUESTIONS , AND WAS TOLD MORTGAGE PAYMENT/DEBIT WOULD START 12-2010
    THEN 4 MONTHS LATER( 3-24-2011 )I HAVE A NOTICE OF TRUSTEE’S SALE, POSTED ON MY DOOR
    THAT MY HOME IS TO BE AUCTIONED OFF ON 4-13-2011.
    WHAT HAPPENED ????????
    I PHONED WELLS FARGO AND ASKED FOR SOME EXPLANATIONS, WHY DIDN’T THEY MAIL
    SOMETHING?? PHONE ME?? TRY TO CONTACT ME?? THEY HAVE ALL MY CORRECT INFORMATION.
    I ASKED FOR AN AMOUNT THAT WE OWE THEM NOW ? SO I COULD PAY IT. I WAS TOLD
    “ITS NOT IN MY FILE?” “SO LETS GET THE PAPER WORK STARTED AGAIN” AND I COULD ASK
    FOR A FORCLOSURE SUSPENSION, SO WE DID. I WAS TOLD TO CALL BACK AND CHECK
    ON LOAN MODIFICATION/REDUCTION APPROVAL AND THE FORCLOSURE SUSPENSION.
    I CALLED DAILY, SOMTEIMES TWICE CHECKING. NOTHING HAD BEEN POSTED.
    4-06-2011 I TELEPHONED WELLS FARGO AGAIN , NOTHING WAS POSTED , I AGAIN ASKED
    ABOUT A AMOUNT WE COULD PAY TO STOP THE FORCLOSURE ?? AND WAS TOLD , AGAIN,
    ” NOTHING HAD BEEN POSTED” I ASKED “WHATS TAKING SO LONG” I WAS TOLD
    ” IF I PAY THEM $3200.00 THINGS WOULD SPEED UP, GET GOING FASTER. ”
    I REMINDED HER THAT BACK ON 7/10 I PAID $2300,00 TO QUALIFY, AND NOW I AM IN
    FORCLOSURE WITH A SALE DATE JUST A FEW DAYS AWAY . I WANT TO KNOW WHERE THAT
    MONEY WENT?? AND WHAT HAPPENED?? I WAS TOLD “ITS NOT IN MY FILE”
    4-12-11 I RECEIVED A PHONE CALL A DAY BEFORE MY HO– USE IS TO BE AUCTIONED, I HAD BEEN DENIED,
    BUT NOW THEY HAVE AN AMOUNT I COULD PAY TO SAVE MY HO– USE , BUT NOW ITS TOO LATE
    TO PAY
    WHY WASN’T I TOLD an AMOUNT ? THEN I ASKED FOR SUPRVISOR AND WAS TOLD THAT,
    “THEY DO THE SAME THING AS A SUPERVISOR WOULD , SO HOW CAN THEY HELP ME TODAY?”
    THEY ALSO INFORMED ME THAT ” WELLS FARGO ALMOST ALWAYS BUY THE HO– USES BACK ??’
    I DIDN’T UNDERSTAND AT THE TIME WHAT THIS MEANT ,
    I WAS TOLD ” WELLS FARGO WILL GET INTOUCH WITH ME AFTER THE AUCTIONING OFF OF MY HO– USE
    AND TRY TO WORK A PLAN THAT SUITS ME?
    MY HO– USE WAS AUCTIONED OFF THE NEXT DAY,
    2 WEEKS LATER I RECEIVE PAPERS THAT FREDDIE MAC BOUGHT IT , SO THAT WAS WHAT THEY MEANT.
    I THEN PHONED A WELL FARGOS LOAN SPECIALIST LOCALLY I KNOW AND WAS TOLD “THIS IS A GAME
    WELLS FARGO PLAYS , “JUST DO EVERYTHING THEY ASK AND IT SHOULD WORK OUT”
    BUT WHAT HE SHOULD OF SAID WAS , “JUST DO WHAT THEY ASK AND MOVE OUT ”

    WE ARE HARD WORKING , TAX PAYING, LAW ABIDING, U.S. .CITIZENS AND DESEREVE BETTER,
    ESPECIALLY, SINCE ITS TAX PAYING DOLLARS BEING — USED !

    ANY HELP OR INFO WOULD BE APPRECIATED
    I CAN BE REACHED AT CACHU67@AOL.COM.
    OR
    laura cachu
    825 saginaw
    dinuba,ca 93618
    559-591-8643
    559-590-5828

  2. l vent says:

    THE TRUTH: EVERYONE’S HOME WAS PAID FOR BY US AT THE ORIGINATION OF THE LOAN. THE BANKS ALL CHARGED US A NOMINAL FEE FOR OUR HOMES AND OUR MORTGAGES (though never assigned a debt to OUR DEEDS) IN TWO SEPARATE TRANSACTIONS SO THEY COULD MAKE TRILLIONS OFF OF OUR PAID OFF COLLATERAL UP ON WALL STREET. I DO NOT blame the BANKS anymore for what is going on here with FRAUDCLOSURES. Do you mean to tell me that NO ONE in our FEDERAL GOVERNMENT OR THE OBAMA ADMINISTRATION knows the TRUTH: OUR HOMES ARE PAID FOR? Who is PUSHING FOR LOAN MODS AND FRAUDCLOSURES IN ORDER TO COVER-UP THE TRUTH? It looks like CONGRESS is doing their part trying to COVER-UP for the PONZI SCHEME. The more THEY PUSH for LOAN MODS, the more GUILTY and GREEDY they look. The banks DID NOT give LOAN MODS because THEY knew if they did they would be COMMITTING MORE FRAUD. The banks know OUR houses are PAID FOR. Someone is trying to PUSH the BANKS into FORCING US into DEBT SLAVERY for at least another 40 YEARS. Someone inside of our own GOVERNMENT is very GREEDY and NEVER WANTS US TO HAVE A PAID OFF HO– USE because they are obviously doing their DAMNDEST trying to establish a new chain of title by RE-CREATING A FALSE DEBT THAT DOES NOT EXIST by the means of RE-FINANCE or LOAN MODIFICATIONS. MORE FRAUDULENT INDUCEMENT. Deed-in-Lieu is another MASTER FORM OF TRICKERY used to clear the chain of title for the BANKS so the GOVERNMENT gives the BANKS an EASY WAY TO STEAL OUR HOMES. DO NOT FALL FOR IT PEOPLE. DO NOT SIGN ANYTHING OR AGREE TO ANYTHING RE-FI, LOAN MOD OR OTHERWISE. Someone within OUR OWN Government is being VERY GREEDY AND VERY DECEPTIVE and it IS NOT THE BANKS.The Banks seem to want to be stopped but SOMEONE is FORCING THE BANKS TO FRAUDCLOSE. Our own Government seems to be trying to find other SNEAKY TACTICS in which to SCREW ALL OF US. Do not be fooled by these people, OUR HO– USES ARE PAID FOR. TELL EVERYONE THAT YOU KNOW THAT THEIR HOMES ARE PAID FOR AND TO GO FIND THEIR PAID OFF DEEDS FOR THEIR HOMES. OUR GOVERNMENT IS LYING AND COVERING-UP THE TRUTH TO IMPOSE A LIFETIME DEBT IMPOSITION ON ALL OF US OR ELSE THEY WILL TRY TO STEAL OUR HOMES THROUGH FRAUDCLOSURE. No one is safe, anyone can suffer a devastating job loss, loss of business or illness and then they will become the next victim’s of FRAUDCLOSUREGATE. The Banks do not seem to be the ones that want to steal our homes, Someone within our own Government is FORCING THE BANKS to FRAUDCLOSE or RE-CREATE THE DEBT. The Banks proved this when they REF– USED TO GIVE US LOAN MODS. The Government has a lot of explaining to do here very soon because there is no way they do not know OUR HOMES ARE PAID FOR. Someone needs to stop the CRAZY TRAIN..

    • enough already says:

      well your info is great, but this mess started back in 2008. i lost my job 3/2009. by j6/2009 i could not afford my mortgage anymore. i maxed out my credit card and liquidated my bank account to save my home. back then the only hope to save our house. you have to remember alot of us folks were told to pay off debts and put a 20% down. Why? becuase at loan processing they had all our financial inf (they didnt lose it back then) so they wanted us in the position today with no money. they want us to walk away. making folks pay down debt that will only last 3-5 yrears must be predatory, why didnt we just get turned down for the mortgage and get a cheaper house. why make us pay down “ALL” our debt to get this house. knowing exactly 5 years later i would default and have no money and lost all my equity. signing a mod was an effort to save our houses to tell us 3 years later to say dont sign a mod? i have been dogged by wells fargo 2009-2010 during the proceess losing my paper work was n every 2 week occurance. instead of approving me in 1-2 months from 6/09 it took till 4/2010 adding 10k to my loan. then again the fraudulent mod was defaulted again becausw ells fargo said they could not hel p me unless i was in default. again hacking my loan processors computer and moving my file, losing a fed ex package, lieing to OCC that they have been helping me. this shoiuld all be fraud. signing a mod was to save my home. my original documents will supercede my mod. so if they didnt their job and do the assinments per my PSA they are at fault. now i know the homp loan and all mods are fraud. now in 2011. not 2009 please help fix what was done to u or is being done. yes getting people now not to sign mortgage modifications in nobel. but please help those of us whom back in 2009 could not sell their houses and were not ready to leave thank you

    • dmerjil says:

      there needs to be a classaction lawsuit against wells fargo etc. Those of us that have stayed in our and ask for alittle help WF just laughs and ruins credit and files Notice of default before mod process is completed. Never had bad credit before trhis mess started and we have had our for 30yrs.Now we have
      a nod on our record and now we to fight again to get this cleaned up.We are retired and don’t have the time to build up iur credit again HOPE SOMEONE CAN GET THIS CLASS ACTION GOING SOON I IN !
      I think it will help to go our tv stations and put this out there over and over again and lets see how many
      more want to join us as I know we are not the only ones

  3. FIRST STANDING-RELATED VICTORY IN VIRGINIA: Aurora’s claim to title thrown out for lack of standing!

    http://bryllaw.blogspot.com/2011/01/first-standing-related-victory-in.html

  4. Hell NO - No More Bailouts says:

    WELLLLLL, It will NOT just be Wells Fradugo.

    My own case involving CountryWide’s “America’s Wholesale Lender” loan that had servicing transferred to Litton rather than complete the ‘CA AG mod internal processing on the permanent SIGNED and NOTARIZED document” has led to Litton’s employees robo-signing the Substitution of Trustee in 2009. That substituted Trustee is Quality which actually filed the NOD before the Substitution was notarized. (CA ignores that part of it.)

    The rest of what has come to light is just in keeping with all the other ‘problems’. I found that Litton was claiming that my investor was actually CWABS 2005-10. That was divulged via court filings made in 2009.

    So how can that be when Litton employee Debra Lyman, using MERS as ‘cover’, generates the sole assignment of the Deed of Trust in 2010? That assignment does NOT comply with the PSA agreement on several points. It is self-serving in it’s attempt to assign the Deed (and Note, ha, ha) directly from AWL to CWABS 2005-10 without any of the intervening assignments called out in the PSA and of course, years too late.

    Also, WHY does the BoNY-Mellon trustee for CWABS 2005-10 WANT a mortgage that is supposedly long into default? Add to that, why one where the borrower already had filed BANKRUPTCY?

    And why is Litton’s employee-attorney Lyman violating the BK STAY? in 2010?

    Oh, and of course if BoNY did not REALLY have any right to have Litton working for them in 2009 when their employees used MERS to substitute the trustee of my mortgage, then QUALITY has filed a DEFECTIVE NOD.

    Remember, attorneys for Litton claimed that the investor was already that CWABS trust with BoNY-Mellon as it’s Trustee some time prior to 2009. The county records do NOT agree.

    I have heard of the theory of filing ‘late’ assignments after the fact like this as the ‘reason’ it was also attempted in the MA case. But the sharper minds on that ‘theory’ said that there HAD to be SOME prior assignment that had been recorded. None such was present in at least one of the MA cases, just as no prior assignment is present in my own case.

    Also, CountryWide used its membership in MERS to record my loan into the MERS system. CountryWide’s name does NOT appear as the lender or any named party to my Deed of Trust or my Note. The mortgage was table-funded using a TRADE NAME that CountryWide used. I question the fact that MERS allows mortgages to be entered into it’s system without any check that the mortgage lender identified in the mortgage documents matches up with the MERS member that is recording same.

    How can MERS be used to sign for a TRADE NAME of a company that has been taken over by another? BofA does not use that TRADE NAME. Does anyone have the right to sign for a trade name of a company that has ceased to function as a separate company?

    Litton has not shown any Power of Attorney, not even to the BK court.

    Who can Litton really claim to have been ‘working for’ when their employee signs the assignment from AWL directly to CWABS 2005-10 in 2010 yet in 2009 Litton was ALREADY claiming be working on behalf of the CWABS 2005-10 trustee?

    With a loan that did not even divulge the true name of ANY party to the lending via the usage of a TRADE NAME, I claim that my loan was NEVER perfected, nor can it be now given the fatal documents that Litton has generated.

    I keep being reminded of those little cute signs you see near the toilet. You know the ones: “The job is never finished until the paperwork is done”

    Well, by leaving the ‘paperwork undone’ back in 2005, they created turds that belong in a toilet.

    I know they supposedly were to ‘rushed’ to finish the job, More recent explanations of using the same paper in multiple bundles of pooled mortgages is more likely. The achieved the bundling, now they claim only bungling.

  5. James M says:

    This is what I have been saying for a long long time. I suspect the slight of hand and fraud by Banks and Mortgage companies in states that have non-judicial foreclosures is much worse.

    We see a lot of problems with mortgage foreclosures and fraud by the banks in Florida. BUT not because Florida is where most of the fraud took place, just because we have a judicial foreclosure system which not only allows pre-trial discovery, and then an adversarial hearing before a judge, or a bench trial.

    I think there is just as much fraud in the rest of the nation, if not more so, but because many states don’t have a pre-foreclosure judicial process it is just not coming to light.

  6. Fannie Mill says:

    Monica Hadley via Randa Azzam – forge or not forged?

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