Wells Fargo Bank, NA US BANK as Trustee for MASTR Asset-backed Securities Trust 2005-AB1 Forged, Fabricated, Altered Documents
Wells Fargo Bank, N.A. and US BANK as trustee for MASTR Asset-Backed Securities Trust 2005-ABI filed foreclosure against me and my home. They attached to the complaint as alleged evidence, the following alleged documents, a Note, a Mortgage, a Mortgage Modification a NY 255 Tax Form in addition to many others.
A few years earlier I had filed for bankruptcy, where the bank attorney put forth an attorney certified copy of the Note. That Note was accepted as representing the actual Note I signed, the same attorney also validated the aforementioned documents.
The problem is, not one of the documents attached to the foreclosure complaint resemble the documents already validated and located on the bankruptcy docket.
Problem 1: the NY 255 Form attached to the complaint – wells fargo took the Notary Stamp and Notary signiture from my mortgage modification and forged and fabricated it on the NY 255 Form. The Notary is located in Albany NY area and Wells Fargo is located in N. Carolina. I spoke with the Notary she signed an affidavit that she did not Notarize that document and that she never would have and presented her log as further evidence.
Problem 2. Had to hire a forensic document examination to prove they forged, fabricated my name and initials on the Note attached to the foreclosure Complaint and to prove it is not the same Note filed in bankruptcy. My initials were also forged.
They forged my name to two additional pages on the Mortgage Modification.
The lawfirm of Rosicki, Rosicki & Associates filed the foreclosure papers. I informed them that there was the aforementioned problems. They chose to ignore me and call me perjurious amoung other things. Edward Rugino, Esq. is the attorney who is handling the suit.
Then the lawfirm of Hogan Lovells US LLP got involved,Nicole E. Schiavo, Esq. is the lawyer handing the case for them as co-counsel, Even the lawyers, who have personal knowledge of the truth, continue to aid and abet this bank. Ms. Schiavo is the attorney who actually provided and certified the bankrptcy Note and other documents, yet she continues wont retract the complaint and continues to assert the forged fabricated documents.
The case is ongoing in NY Supreme Court and now the US Bankruptcy Court. Recently Judge Drain issued a scathing order against all the same players and it was reported in the news. Search washington post wells fargo linda tirreli and all the facts are essentially the same and thensome. I am handling this pro se.
SOURCE: http://www.ripoffreport.com
If you are in New York and are looking for help with foreclosure, call The Law Offices of Robert E. Brown, P.C. at (or fill out their online form to request a FREE CONSULTATION. Let the lawyers and staff at The Law Offices of Robert E. Brown, P.C. serve you!
~
It has long been accepted that an attorney can’t be both advocate, and witness. It was stated more than 100 years ago, in Wigmore on Evidence, Third Addition, Vol. VI, section 1911, page 606, “There is then in general no rule, but only an urgent judicial reprobation, forbidding counsel or an attorney to testify in favor of his client.”
More recently the New York Lawyer’s Code of Professional Responsibility, at DR 5-102, has prohibited an attorney from acting as both advocate, and witness (except in very limited circumstances also expressed in DR 5-102).
https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638
The attorney in this case likely CAN’T authenticate these documents. Does the attorney have personal knowledge? Almost assuredly the answer is “No.” Because affidavits are to be made on personal knowledge the attorney’s attempt to authenticate the documents likely fails.
Here is a simple test question, “How do you know those documents are authentic?” If the answer is anything like “Someone told me they are” then that knowledge is merely hearsay.
Check your rules of evidence. Maybe you can have the documents deemed inadmissible due to lack of authentication.
That is awesome that you are catching them in the fabrication of false documents and you have a foothold in the Court , BUT , you have to rewind the argument back to its origination . The alleged lender that you made all the paperwork with that states you have an obligation of payment to ( promissory note ) was a STRW MAN LENDER !!!! They didn’t lend you a dime!!! There was an investment Bank involved that put forth the money they got from Investors , THE SECRET LIEN HOLDER . That constitutes FRAUD IN THE INDUCEMENT . Also , They created a securities contract instead of a Mortgage without your knowledge and permission , that’s FRAUD IN THE FACTUM and gives you the right to rescind the bogus Mortgage contract !!! It was never a mortgage !!!! there was never consummation of a Mortgage contract Cancel the Mortgage contract under the TRUTH IN LENDING ACT ( TILA) They broke Federal , State , and Contract Law !!!!
Why do you think they are fabricating documents ??? to hide the BIG LIE that the Mortgage is a sham !!! It’s an illusion of ownership !!!