Wells Fargo Foreclosure ‘Fraud’ Manual Under Fire

Wells Fargo

Wells Fargo foreclosure manual under fire

Wells Fargo created an elaborate guide for how to produce missing documents to foreclose on homeowners, according to a lawsuit that has caught the attention of state and federal regulators.

The bank denies wrongdoing, but the allegations rekindle claims that lenders, including Wells Fargo, used forged and shoddy paperwork during the recession to quickly foreclose on struggling homeowners, a practice known as “robo-signing.” Those charges led to a $25 billion national mortgage settlement that was supposed to put an end to such abusive practices, but bankruptcy lawyer Linda Tirelli says nothing has changed.

In the course of defending a New York homeowner facing foreclosure, Tirelli said she found a 150-page manual instructing Wells Fargo lawyers how to process foreclosures when a key document, known as an endorsement, is missing. Lenders need endorsements to prove that they own the mortgage, before they can foreclose on a homeowner.

reportThe manual, reviewed by The Washington Post, outlines steps for obtaining the missing document after the bank has initiated foreclosure proceedings. It also lays out what lawyers must do in the event of a lost affidavit or if there is no documentation showing the history of who owned the loan, paperwork the bank should already have.

“This is a blueprint for fraud,” said Tirelli, who attached a copy of the manual as evidence in the lawsuit filed in U.S. District Court in White Plains, N.Y. “The idea that this bank is instructing people how to produce these documents is appalling.”

Rest from WAPO here…

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4closureFraud.org

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Comments
13 Responses to “Wells Fargo Foreclosure ‘Fraud’ Manual Under Fire”
  1. Marla Nicholson says:

    IN FL, WELLS FARGO FORECLOSED ON A 43-UNIT APT BLD, BY FALSIFYING THE FACTS (MONEY RECEIVED SENT TO A WHOLESALE LOCKBOX) THE DEFENDANT HAD 3 ATTORNEYS THAT DID ABSOLUTELY NOTHING TO HELP;. THE SECOND ATTORNEY TOLD THE DEFENDANT NOT TO GO TO THE HEARING (15 MINUTES) BY WELLS FARGO’S
    EXPERT WITNESS SWEARING TO THE COURT THE VALUE IS LESS THAN THE LOAN, WHICH WAS FALSE AND ONLY BASED ON A DRIVE BY FROM A BROKER NOT EVEN FROM
    THE COUNTY IN WHICH THE PROPERTY EXISTS. WHEN THE DEFENDANT WAS TOLD
    BY HIS SECOND ATTORNEY TO WAIT FOR AN EVIDENTUARY HEARING, DUE PROCESS
    HIS DAY IN COURT WHICH NEVER HAPPENED; RECEIVERS DROVE UP TO HIS PROPERTY, HANDED HIM A PAPER AND POLICED HIM OFF HIS PROPERTY, CHANGED
    THE LOCKS AND HAVE BEEN IN CONTROL FOR THREE MONTHS NOW.

    THESE RECEIVERS HAVE LIED, STOLEN, FALSIFIED DOCUMENTS IN REPORTING TO THE COURT. THE ATTORNEY FOR THE RECEIVERS HAS THREATENED MYSELF
    FOR TRYING TO HELP MY FRIEND GET A DAYB IN COURT; WHICH HAS NEVER HAPPENED
    NOW TO FIND OUT THE RECEIVERS HAVE A MOTION TO SELL THE PROPERTY.

    WELLS FARGO NEEDS TO ROT FOR WHAT THEY HAVE JUST TAKEN AWAY FROM THIS
    DEFENDANT, THEY HAVE L;EFT THIS FAMILY WITHOUT A DIME, CLEANED OUT THEIR
    BANK ACCOOUNTS, THEIR UTILITY DEPOSITS, TOOK EVERYTHING THIS FAMILY HAS
    WORKED FOR THEIR ENTIRE LIVES –LEFT THEM BASICALLY HOMELESS WITHOUT
    RIGHTS TO DEFEND THEMSELVES; LIED, FALSIFIED INFORMATION, STOLEN, MADE
    THREATS, NEVER NOTICED THE DEFENDANTS OF ANY ACTION GOING ON IN THE COURTS OF ANYTHING – MAYBE THE ATTORNEY’S WERE NOTICED BUT THE DEFENDANTS WERE NEVER NOTICED OF HEARINGS THAT WERE BEFORE THE COURT
    AND WENT ON IN FAVOR OF WELLS FARGO WITHOUT APPEARANCE BY THE DEFENDANTS OR KNOWLEDGE OF THE PROCEEDINGS. IS THERE A LAWYER THAT
    EXISTS ON THIS EARTH TO HELP THIS MAN AND HIS FAMILY??

  2. A.Knew says:

    Does anyone have the case name and number for this new lawsuit in U.S. District Court of White Plains, NY?

    • Paul LeRoy says:

      Hi A.Knew,
      I’m in need of the same. If anyone has this information, please share. The PACER access for that court doesn’t allow for search by date and as such could be very expensive to query without the case number.
      Thank you

  3. lms53 says:

    Mike, what if there is no recorded assignment, that would tell me that the original lender is in fact the note holder? what is your take?

    • Mike Drouin says:

      The Court will give them an opportunity to present one and of course they will create one and present it to the Court . That’s what has been going on . The Judges are reluctant to rule against the Banks . I had an Assignment that was proven void and the Banks just presented a totally different set of documents even proving that the original Assignment was fraudulent and , we can prove that one is void too , Will they get a third chance ???

      • Mike Drouin says:

        I can’t begin to state what the events of this ” Mortgage Crises ” implies for the State of the Union . But you have the integrity of a system that has kept the record of land transfer for the last three hundred years ” compromised ” . Our Courts polluted with false documents from sea to shining sea . A President that will state before the American people that the actions of the banks against the people are ” Abusive ” and all the States Justice Departments consenting to that abuse but stopping short of acknowledging the ” Crimes ” they really are !!
        What does that say about the powers that were created for our protection ??? Are they willing to compromise the integrity of the Constitutional rights of American Citizens for the sake of Economic Stability ? When you consider that a good part of the population is appeased by entitlements ,another part is on life support / welfare and social security , and those in congress that can Legislate to the benefit of their investment port folio’s , I guess you can form an opinion that America is in trouble
        Who will make the stand for ” Liberty and Justice for all ??? “

  4. israel144 says:

    Thanx for the reply. You said something key. “no one is holding them accountable…” So that click in my mind to mean this: the people are not doing enough to protect their rights and interest in the estate the bank claimed with fraudulent paperwork. On the money side, since the bank forecloses the note, who created the money? The people! The arguments made in these courts when you go in with an atty., is wrong. What do I mean? The atty. is speaking for you and giving the court jurisdiction when they never had it. They are making you liable to an obligation that was not yours. You didn’t borrow any money from the “bank” who’s foreclosing illegally. Once you did that, then the lawyer has to motion to vacate the sale, hold em off a little longer,maybe get you a 90 day stay, or beg for loan mod. wrong approach. Argue the deed of trust and not the debt and make sure you have a legally protected interest in the estate. They dont have skin in the game, they lacked standing. They argue UCC 3 when the note and mortgage was securitized in a trust governed under NY trust law and UCC 9 dictates the rules of a secured transaction. UCC 9-210(a)(2)

    • Mike Drouin says:

      But we are tying to argue our rights and interest in the Estate but they argue that we are third party beneficiaries to the Securitization contract even tough the securitization failed as a matter of law or fraudulent , and they have had many cases dismissed by that argument . In my case however there was an Assignment of mortgage that was filed in the Land records that the defendants were arguing transferred the interest of our mortgage which we successfully argued against . The case was allowed to continue but the defendants didn’t bring in new evidence that supported that Assignment , they actually brought in documents that proved it was Fraudulent !?!? Why did a Federal Judge entertain that ??? It should have been , game over !
      I didn’t do anything wrong , I didn’t take a bad loan , paid ten years of the highest interest rates on the mortgages we held , had a hundred thousand in equity in the home . My default came because I had to go in for heart surgery in which afterwards I begged for a loan modification . They filed that fraudulent assignment in the land records and set a foreclosure sale date on my home and held my feet to the fire ?!?! When I found out that that assignment was fraudulent and shouldn’t even exist ,I was determined to hold their feet to the fire , and its not over yet . Thank you for your comment and advice , I will discuss this with my Lawyer as a possible strategy …..

  5. charley rice says:

    The bottom line is it was just one big PONZI scheme to steal the Homeowners homes by producing fraudulent instruments of the TRUSTEE DEED UPON SALE when they ALL KNEW that they NEVER had the MORTGAGES when all those SUBPRIME BANKS went out of business or DEFUNCT never assigned them ANY mortgages where LONG GONE…

    THEY had NO STANDING, and NO VALID CONTRACT under UNIFORM COMMERCIAL CODE LAW, and now they’ve violated the Homeowners Bill of rights.

    THE COURTS ALL KNEW that they NEVER had JURISDICTION when a CONTRACT DOES NOT exist, but still the COURTS KNEW that they should have SANCTIONED these TRICKSTERS, AND THEIR LAWYERS for GRAND THEFT when they filed these MERITLESS Unlawful COMPLAINTS just to railroad all the innocent homeowners because they’ll all F**KD up.

    IT ONLY show they EVERYONE was ALL IN ON IT, so the STATE & BANKS can claim the property on the back end, and even though the BANKS paid the JUDGES pension meant that EVERY case FELL FLAT ON IT’S FACE.

    THIS COUNTRY was built upon theft of filing fraudulent instruments and holding things up in court to betray the AMERICAN HOMEOWNERS, and just by getting rich off everyone by using their SSN numbers as BONDS on WALL STREET just to make them all rich.

    ALL these laws are NOT REAL LAWS and are PRIMA FACIE.

    Soon the people will get it, and THIS Country will soon fall because of the deception that it has created on the people who you have treated like cattle just to pay ALL OF YOUR DEBTS.

    The end of days are coming make peace and Just give ALL those HOMEOWNERS RESTITUTION, RECESSION, REMEDY, EQUITABLE RELIEF because they’re ALL entitled to it, and STOP acting like you’re GOD.

    YOU made mistakes big time….

    Remember that the same thing has happened to the Indians, slave owners slaves on their lands who had fair rights to their lands when they were own 80 years ago was stolen in the same way.

    Breaking the LAW of the BIBLE “Thou SHALL NOT STEAL is the BIGGEST SIN” and these CONSPIRATORS, BANKSTERS & their LAWYERS will BURN in *** for it.

    THE WHOLE WOULD BE A BETTER PLACE if they were not HERE, and just let people live at peace.

  6. israel144 says:

    What was the procedure to put the endorsement on the note to show Wells “owned the debt”? I think a lot of these atty’s already knew of this criminal activity and turned a blind eye. This should have already been brought to light. I don’t blame Wells for denying it. They know the attys, judges are part of the corruption. If Wells files the assignment of mortgage a day after they file the foreclosure complaint, who owns the debt obligation?

  7. Mike Drouin says:

    It seems that no matter what gets brought into court or how much evidence is compiled the Major Banks like Wells Fargo , J P Morgan Chase , Bank Of America and so on will always say they did nothing wrong and that’s because they created vehicles of liability called sub prime lenders and then exempted themselves from their actions and had the sub prime lenders pool the mortgages together in a supposed commercial contract called ” securitization ” but because of the massive amount of mortgage’s they were ” Property Laundering ” the transfers were not Legally sufficient BUT ! The Mortgage Piracy was planned by these big Banks .
    When the paper work was found to be faulty , they had their servicers produce what was necessary in order to bring a cloaked legitimacy before any Judges and the Judges rule in favor of the Banks….. Let me put it as simple as I can so everyone can understand what just happened in America .
    The Top Banks in an act of Mortgage Piracy created Sub prime lenders through whom they just property laundered Billions of dollars worth of Mortgages , They created a multi-trillion dollar securities industry through these lenders but exempted themselves from their behavior while allegedly taking ownership of all the mortgages involved . If that weren’t enough they scammed the Insurance companies by taking out default insurance on these pools of mortgages and collected in full on all the mortgages in default and took the houses of struggling Americans . Are you disgusted yet ? you will be after my next statement .
    Rather than risk complete economic meltdown , Our government allowed them to do it and the Justice departments of almost all the States in the Union were bought off in the twenty five billion dollar settlement to stand down while they took control of the Mortgage Market !!! The Proof is in the results and behavior of the powers that were created for our protection … I will end with this , There is no greater tyranny then that which is perpetrated under the shield of law and in the name of Justice . Here’s my case , Drouin v AHMSI case # 1:11-cv-00596-jl US DISTRICT COURT DISTRICT OF NH.

    • israel144 says:

      Mike, maybe you can help me understand something, you are telling me regardless of the fact, for example, if Wells files the assignment of mortgage a day after they file the foreclosure complaint, they didn’t have lien priority because the prior mortgage is not discharged by the beneficiary and they lie in the complaint saying there are no mortgages paid in full but not discharged,you are telling me the govt’ has exempted them from any wrongdoing?

      • Mike Drouin says:

        Let me put it this way Israel ; when I got passed their motion to dismiss the case , I was railroaded in discovery , we were asking if they had already received default insurance payment on my Loan wells lawyer asked for a protective order and when we motioned to compel , the Judge said it was too late ??? During a pre-conference trial in the judges chambers instead of scheduling being discussed what was discussed was to move us to a settlement . Wells Lawyer said that they would bring in a document that would show a valid transfer of my Mortgage but what it did was in fact show that the Assignment by Sand Canyon to wells Fargo was complete fraud and criminal fraud with intent to deceive the Courts . The Judge should have made a decision against them right there but didn’t ..The Banks can file anything they want when our Government for the sake of economic stability , is turning a blind eye .
        You can’t just say that , Oh that Assignment of mortgage didn’t work , lets try this one ,which is totally different from the original one used in the case .But I guess if you have Government support … I guess you can get away with it
        There is a person in the State of NH that has internal e-mail from an entity that was involved in this scam and was accidentally sent to them which show the fabrication of documents in order to satisfy court cases .
        So the answer to your question is yes ! because no one is holding them accountable….

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