My friend in Chicago, Illinois filed federal lawsuit 2009cv02115 “Arriaga et al v Wells Fargo Bank, NA et al” in 2009 after Wells filed foreclosure in 2008, on a refi mortgage they rescinded 8 months beforehand. There was a MERS affidavit of assignment recorded on the same day they appeared to contest the retaliatory foreclosure filing.

Wells caused so much financial damage and losses that the damages are in excess of the original loan amount. Draper & Kramer originated the refi of thie 15yr home in 2005 based on a false lender appraisal (a copy of which was never sent when requested by my friends), telling my friends that it was in thier best interest to combine the existing mortgage and personal loan – which resulted in a “savings” of a whopping $100 a month while extending thier 20 yr mortgage to 30 years, and adding $11,000 of closing costs, while the home’s true value was only 1/2 of the appraised value, causing instant negative equity of over $100K at execution. The only legal tender that changed hands was a money order that my friends needed to bring to the closing table, because they needed to pay $220 because the loan funds were short. When they tried to sell a year or so later, real estate brokers told them that the home was not worth even half the mortgage amount. On top of it all, it was discovered that the previous mortgagee (Wells Fargo!) had never properly released the previous mortgage in the land record when the refinance “funds” were disbursed..

Once they found out that they had been defrauded into accepting an unconscionable refi, and the servicer Wells also refused to provide copies of the appraisal, proof of payment of the previous mortgage, and refi disclosures that were missing, they rescinded by written notice and offering to arrange repayment. Wells Fargo and Draper ignored the notice, and threatened foreclosure even though the mortgage was current. Three months after notice to rescind, my friends stopped paying (under TILA’s forfeiture provision, they were not liable for any amount because the lender failed to claim a proceeds amount to rescind). Wells Fargo filed foreclosure, preventing sale of the home even at market value and causing credit damage and the instant loss of a military employment contract, among many other things. So my friends filed Federal complaint for fraud, failure to rescind, and 6 other violations. They did not defend the Cook County foreclosure in the Fed complaint, but they allege that the servicer’s foreclosure filing is a retaliatory TILA rescission rights violation. My friends are necessarily pro se, and there are 121 docket entries in the Fed case.
The foreclosure is in limbo, and despite my friends’ answer and defenses in that case, interrogatories and requests for production, and allegation of the servicer’s lack of standing, it has been 3 years and Wells has never responded to the answer, and the Cook County judge won’t dismiss the case, which causes continuous financial credit damage – basically, Wells is being allowed to keep the case in limbo – and my friends’ lives have been on hold and they have sold most of thier assets just to keep up with thier bills that skyrocketed (payments doubled and even tripled when interest rates and insurance costs went up) when their credit rating went bad from the foreclosure complaint. Wells is hoping that they will give up and file bankruptcy – which would enable Wells to get the property despite the frauds.

So sad – they had perfect credit record and one credit card with a balance of $400 and a credit limit of $4500 – and that creditor closed the account without warning because of that foreclosure filing – and 2 months later thier heating system broke down and they couldn’t even get a loan to fix it. They are fighting this tooth and nail as they worked so hard all thier lives and while other kids had birthday parties thier kids had none for the sake of paying bills on time with thier hard-earned money so they could have something in life. I hope they kick Wells Fargo arse and become millionaires over it. My friends say they don’t count on winning against Wells and it’s crew, but want to be a pain in the arse and give the public knowledge so maybe those who have money for attorneys will take Wells down. Bankruptcy, they say, will come only after they can fight no more.

I heard that Wells Fargo pays it’s attorney thousands just to file one motion – there are many in both cases and Wells probably paid in excess of the loan amount just to try to take these peoples’ home – well, why not? If they can get the house, they can get another sucker into a mortgage under MERS to keep the money wheel rolling. In the Fed complaint, a copy of the appraisal was finally revealed, showing a monthly rental income of $22,000/year – FRAUD! On top of appraising the home at double it’s true value, Draper had also inflated my friends’ income on the appraisal.

My friends were given a loan designed to fail if they ever needed to sell the home (even a week later) for the mortgage amount. In the case of a reduction in salary or sickness of a child (surgeries for one of thier children were the reason for the personal loan, and Draper knew this child may need further surgery). They were lied to – they owed less than the true value of the home on the old mortgage – adding the personal loan was not in thier best interest but Draper didn’t care because he was paid in full by selling that overvalued loan to a securitizer on the day of execution.

I hope somebody outlaws all MERS mortgages. Without MERS, it would have been impossible for such mortgages to exist.

In 2008 the Florida Bar published a continuing eduction course titled “Hard Times: Foreclosures, Bankruptcy, Offers of Judgment, MERS, and Such.” The course, described as “intermediate level,” was offered for 1 hour of general credit, and 5 hours for real estate law credit.
The course was given at the Tampa Mariott in January, 2009. The Shapiro & Fishman attorney who sued me for foreclosure in 2006 attended the course (I got that from the FL Bar). In this course was a list: Max Gardner’s Top 200 Signs You’ve Got a False Document (Morgage Affidavits & Assignments & Endorsements). The financial affidavit this attorney filed in my case hit on eight of the signs, including the #1 sign, which was the location of Lender Processing Services’ main campus in Mendota Heights, Minn. Also included was the #76 sign, the actual robosigner herself: Dory Goebel.
So, you tell me: how the hell can this attorney at Shapiro & Fishman get all stupid and sleepy-eyed when I come to her and she “receives information” from me about Dory Goebel and – besides this list – the two major federal court cases where Dory’s affidavits have been called a “sham” and a “farce” and “fraud on the court”??
http://www.scribd.com/doc/60281594/Max-Gardner-s-Top-200-Signs-You-ve-Got-a-False-Document-as-published-by-the-Florida-Bar-in-2008
How is this attorney going to wiggle out of NOT reporting the fraudulent affidavit in my case to the court?

IVENT,
they all know. we all know about the horrendous fraud that has been committed.

it will have to stop soon or there will be a revolution. i mean it. i hear it everyday. people are suffering.
very few elected officials have done anything about it.

the People will do something it, pretty soon. those in charge have done a lousy job.

Is this the new version of the Civil war in 2011? The North Judiciary verses the South Judiciary! It is all about States Rights since Florida and many state AG’s which appear to be supporting the banks are in the Bible Belt and their representatives regularly spout the States Rights rhetoric.
Some northern states Judiciary appear to be concerned about fraud committed on consumers by huge corporations and some of the southern Judiciary is not concerned with Fraud on consumers that leaves the r people many who are black homeless! Is this the American way? Just a thought!

Anyone can research land records for assignments and power of attorney. It might be interesting to find out if the Law Firms for the Servicer also was the same law firm for the Foreclosure Mills representing and if they were given power of attorney to represent the alleged new holder of the note. Is the foreclosure mills attorney involved with LSP or Doxc? There is a website listing the law firms involved with LPS. If they are then is it possible the plaintiff attorney was aware of the alleged forged documents?

I am glad somewhere the Judges are questioning what appears to be Criminal Acts by the Banks and not endorsing them as what appears to have happened in this case in the Bible Belt.

Maybe the Harvey’s can appeal. Since this is the Bible Belt maybe the Governors in those states could ask citizens to have a mass prayer day to stop banks and attorneys from allegedly defrauding consumers.

I WANT CLEAR TITLE TO BOTH OF MY PROPERTIES. THESE CROOKS COMMITTED MASSIVE FRAUD IN MY NAME AND I HAVE THE UNDENIABLE_ PROOF_.

The link is not working. Not surprised. Yahoo search it. THE LAW CLEARLY STATES THAT: THE RECORDS OF THE LOAN MUST BE INTRODUCED OTHERWISE IT IS HEARSAY AND INCOMPETENT, COUNSEL SHOULD CHALLENGE ANY SUCH BANK TESTIMONY OR AFFADAVITS. THAT THEY ARE THE OWNER OF THE LOAN. THIS IS WHY FRAUDCLOSURES ARE IN LIMBO IN ILLINOIS. I read that it is illegal for these bastards to file a foreclosure at all if they DO NOT HAVE CLEAR TITLE. YET I HAVE 2 FORECLOSURE LIS PENDS ON 2 PROPERTIES AND BOTH HAVE CLOUDY TITLES. THE PLAINTIFF ATTORNEY TOLD ME THEY CAN FRAUDCLOSE WITH A CLOUDY TITLE. WTF??????