“If You Don’t Have The Documents, Perhaps You Just Don’t Have The Right To Foreclose”


Cross-posted from LIBERTY ROAD MEDIA

In this largely friendly Fox Business piece from The Willis Report with host Gerri Willis, attorney Linda Tirelli alleges–as do we here at LRM–that Wells Fargo is in fact engaged in fabrication of mortgage documents and is not alone in this practice.

This is business as usual for all the big banks,” Tirelli said, referring to the manufacture of mortgage documents out of whole cloth in order to establish legal standing to foreclose on homes. In other words, if a bank doesn’t have the proper documentation needed to legally foreclose a mortgage or deed of trust, said bank will simply create the documents and then try to present the documents in court as they were the originals and the bank had them all along.

Maybe we’ll actually see a perp walk at some point,” said Tirelli in response to Willis’ question about what Tirelli expects to see as a result of the interest of a number of federal regulators in Tirelli’s allegations.

As one might expect, at one point Willis brings up the pro-bank, forgery-downplaying narrative: “After all, these people had not paid for their house–they hadn’t made their mortgage payments. What’s your response to that?”

Tirelli’s brilliant response: “Regardless of whether someone’s behind in their mortgage–which can happen to anyone in this economy–that doesn’t give a bank or anyone the right to fabricate documents and submit them to a court of law for the purpose of enticing a judge to rely on it and actually foreclose on a home.”

Incredibly, Willis acknowledges that the documents required to foreclose on homes “didn’t exist.” She says this as though such information is uncontroversial–which it is, in reality, though up til this point, most media types like Willis have pretended that it is very controversial–and is common knowledge. Very encouraging for those in the anti-foreclosure-fraud movement. Tirelli’s take on Willis’ comment–”If you don’t have the documents, perhaps you just don’t have the right to foreclose. And that’s certainly not the consumer’s fault.” WOW.

It’s certainly encouraging to see the national media coverage this is generating. Wells Fargo’s response has been tepid thus far, but their damage control will almost certainly soon kick into high gear, with a Wells Fargo representative sitting where Tirelli sat, on Willis’ show branding Tirelli as misguided and uninformed on the nuance of the manual. We must plan our response accordingly.



14 Responses to ““If You Don’t Have The Documents, Perhaps You Just Don’t Have The Right To Foreclose””
  1. concerned21 says:

    What about a homeowner like us that never missed a payment and always paid extra to go towards the principal? Our home of 23 years was paid off and the servicer for Freddie Mac didn’t credit over 90,000 in payments. This is just the 1st of the situations that have ruined our lives. These corrupt Judges should be exposed and put in jail along with the unethical banks.

  2. mtnwise says:

    While I hear much about those who quit paying their mortgage, I’m hearing little from those like me who WERE making their modified payments (for a year on their “90 trial” period), & the bank began refusing my money & foreclosed! Yes. They sent my last pymt back & refused more, foreclosing instead.
    Then they said they foreclosed because I quit paying, & the courts accepted that, of course.
    My home of 20 years was in a non judicial state, & I never even got a day in court, as the judge “struck” my Ruling 120 Response. (Attorneys who have looked at my court papers said I should have gotten a hearing).
    Sadly, those of us who lost everything of a lifetime (I’m in my 60’s) can’t afford an attorney.
    I’d stupidly thought at one time my government would help me, & had begun filing complaints with the OCC, my Atty Gen’s Ofc, FDIC, HUD, my State Rep, etc., years ago.
    Each told me I needed to hire a lawyer, as they didn’t have the resources for individual cases.
    This was despite the fact Chase Bank even sent them the partial statement of my payments (if you can decipher it. I can’t), something I’d been trying to acquire for years, saying that “due to their record retention policies”, that’s all they had.
    Every branch of my govt I contacted told me the same thing: Hire a lawyer.
    With what? None will take on contingency.
    Meanwhile, the statute of limitations is getting closer to running out in my case.
    Even worse, folks are continuing to lose their homes in this PONZI scheme, & some of those very homes have been paid off for years & have no mortgage!
    Yet those folks, too, must hire a lawyer to defend themselves, since the courts side with the banks.
    Completely absurd!
    This is not the America I grew up in…..

    • Mike Drouin says:

      I feel your pain mtnwise. My case against Wells Fargo is the Foreclosure / Fraud manual put in action . Here is my case # 1:11-CV-00596-JL US District Court District of NH .What these bastard Banksters did was to create vehicles of liability in which they used to property launder billions of dollars in Mortgages and scam the insurance companies . You see they get paid default insurance on your Mortgage then take your home and resell it … the insurance money is sent to off shore accounts as they claim a loss and this administration threw them TARP money . Where not in Kansas any more Toto and the American Dream has been compromised .
      Let me put it this way …. In an act of Mortgage piracy the Large Banks property laundered billions of dollars worth of Mortgages , scammed the default insurance companies and received a tax exempt status while committing Crimes against American Families then they bought off all the Justice Departments with a twenty five billion dollar settlement to stand down . Your constitutional rights have been violated while the our political leaders who have taken an oath to protect those rights allow it to happen for the sake of economic stability .
      The proof is in the results !!!

  3. Alabama John says:

    There is a big difference in how judges see this when you quit paying because the one claiming you owe them cannot or will not produce the proof you asked for in advance or you will stop paying until they can come up with it, or, when you quit paying because you cannot pay.

    They see one as a person demanding what the law requires and the other as one losing their home due to circumstances beyond their or any mortgage companies control so must move out like folks in the past have had to do for hundreds of years, sad as it is.

  4. talktotennessee says:

    This what I mean in claiming that we have lost the Courts to the wealthy. Many of the judges were appointed or elected through Republican support. This is how they gain power to deny you your day in court. There is an old saying, “First kill all the lawyers!” It doesn’t mean what you think. The meaning is when you have destroyed legal access to the courts or representation, you have lost your voice in the legal system and in turn your civil rights.. We see it now in our legal system that is in name only where public defenders work for the system not for the individual, pleading out even the innocent. We find no lawyer to represent our cause because we have no money to retain representation. It is the same in the mortgage mess. If you signed a mortgage or note, it matters not if the bank has no paper trail. They have a free ride in the courts where YOU are NEVER guaranteed justice, even if you can legally support your case.

  5. dc says:

    What you need to do is find your original closing docs if you can,then send a QWR and see what they send,more than likely there will big differences in all sorts of things.You also need to look hard and long at everything,notary dates,closing costs,who they show prepared the docs etc,then you find the lies,and pooling and servicing agreement,assignments,etc.good luck

  6. mkd says:

    Many of us were foreclosed because of job, loosing our business, hour reduction, etc. We, for the most part, did not choose to quit paying, we had no choice. The banksters on the other hand chose not to do the paperwork that they were required to do as these mortgages changed hands. They couldn’t be bothered with the formalities as making money was the number one objection and to hell with paperwork. I have in my paperwork an Allonge indorsed blank which so happens to be dated several months after the NOD. I keep hearing Allonges are not dated, mine was however. Would that not be proof Wells had no standing at the time they started foreclosure? WFHM was our servicer. The allonge was fabricated by a Wells Fargo employee. This employee signed as VP of Loan Documentation. But for whom? The failed bank that was taken over by the FDIC 4 years earlier. This employee in a depo stated he does not read the documents, he just looks at the dates.

    I sincerely hope that Ms. Tirelli can prove her thinking on this manual is correct. Can you imagine the impact that may make? Wells Fargo needs to go down hard.

    • Mark says:

      The latest news of Wells having a so called foreclosure documentation fabrication manual is nothing new: I’ve said it for years. They already have the circle of lies perfected from the documentation to the law firms they use to the 8$ an hr temps they have sign as VP’s. When one step starts to crack they just replace it with another fabricated document by a document fabricating firm signed by a stooge. Judges are still so swamped with this mess they have no choice in their eyes but to side with the lawyers attempting to foreclose. After all, you owe. What you owe? Who you owe? Is irrelevant. You owe, therefore, you lose. There are thousands in line behind you. Thousands. I’ve have never heard of 1. Even 1 case where the law of standing and ownership of your mortgage made a difference in a foreclosure case where we can use that case as precedent to move forward. We need to realize that this Ponzi scheme is just too big to be dismantled at this time.

  7. Tim says:

    Why is this argument even still opposed…..everybody knows what the Banks did? Everybody knows they, in most cases, cant produce ownership with an original note. Everybody knows about all the crimes (Libor Rate Rigging, illegal foreclosures) and dishonesty these big banks have displayed?? Where is our government? Busy giving away our tax monies to the Ukraine instead of quelling the suffering here in our country…..while the wealthy owned media promotes war and taunts our American President to engage Russia ? I have never imagined in all my 60 years that I would ever see this nation without jobs, struggling and suffering at the hands of the tyrannic wealthy, who promote wars for wealth, pay day loans, Credit Card interests and prey on the misery of American and Foreign people, good people whilst they hold their champagne glasses up in the Wall Street windows , in cheers to our homeless………..How will we…..can we possibly turn it all around? Doubt it…..hunker down now, the worst is yet coming.

    • talktotennessee says:

      I had hopes for Occupy but an outdoor in the park protest group without roots and growth had little chance of staying the course even though they had the right idea about Wall Street. When the Democrats failed to embrace their cause as an alternate to the Tea Party, Occupy had no method of growth into the Congress where they could have effected change. Sadly there is little difference between the GOP and Democrats now and Occupy is a piece of history. As long as we are complacent we will not rise up and challenge the powers that be. Silly followers of Tea Party would shoot self in the foot as the Republicans laugh at their being duped into supporting a party bent on a Plutocracy just by hitting a few hot topic buttons. Wealth is power. Our courts, our state legislatures and Congress moving further from voter control. When the GOP succeeds in limiting voting rights for the elderly, disabled, ethnic while the courts silence our voices and deny our rights, we have already lost. There is no heart or fire in the people for a revolution!

  8. Alabama John says:

    The homeowner can sell their house if upon a title search, no one has recorded a mortgage.
    With the title in question, most if not all mortgage companies will not commit a felony and record what they cannot prove with the paperwork especially if the homeowner has asked for that proof before they will make any more payments.
    It would be a fool to make payments to anyone that cannot prove they arte the right one owed the payment.
    As many times as these mortgages have been sold and to who know who, best to demand proof.
    Funny how folks are told they are suppose to pay whoever says you owe me on a mortgage but would never do that on anything else like a car, refrigerator and anything else I can think of.
    Some have even gotten letters from more than one saying you owe us on your mortgage.
    I would suggest you pay your taxes at the local courthouse as that is yours to pay as the homeowner and proves ownership by you. Even if the claimant has paid the taxes, you pay them too.

    • Mark says:

      You obviously have not attended any court foreclosure proceedings lately. Feel free to take the time and attend one. Courts are not ruling on “who” owns the Mortgage but rather you are a deadbeat who is behind. Holding payments only proves the Judges point. Common sense and law have taken a vacation on this issue.

      • lms53 says:

        so true Mark, I could not believe the way this old fart judge spoke to me and I had my keys on the podium and the lady cop told me to put them in my pocket like I would attack someone with keys. the courts want to intimidate and scare the homeowner. they do not want you there

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