Showing posts with label WellsFargo. Show all posts
Showing posts with label WellsFargo. Show all posts

Tuesday, March 6, 2012

MLS tells WELLS FARGO: "Stop Deceiving"

WELLS FARGO was caught lying to deceiving the Multiple Listing Services (MLS) in order to help sell (unload) "Bank-Owned" stolen properties. However, after being exposed caught
WELLS FARGO has been told to immediately STOP this fraudulent listing practice.
(photo courtesy of Huffingtonpost)
You see, Wells REO properties, usually obtained by FRAUDclosure, needed to have a better sounding name, in order to unload them, from their Foreclosed Real Estate portfolio.

For Sale: WELLS FARGO BANK OWNED FORECLOSED REAL ESTATE (REO)
That just isn't sexy sounding. So Realtors, listing these blighted-empty-foreclosed properties, were being asked to LIE and disguise Wells Fargo fraudulently obtained title and ownership.
Who caught them...lying?  Was it the Florida Courts?...NO..
How about the great Florida Attorney General - Pam BLondiE?....NO..
Was it one of our Government Agencies?...NO..
Maybe the NEW Consumer Financial Protective Bureau (CFPB) ...well ...NO...again

Instead it was none other than the fine reporter Alexandra Clough who writes about real estate & the law for the Palm Beach Post. Her Sunday article (below) exposed the FRAUD
We've excerpted a few salient quotes (lies) from the Wells spokesperson below:

(Wells Fargo "Bank Speak" Action Figure with Moving Mouth)

Tyler Smith- V. P. of REO Community Development for Wells Premier Asset Services:

"Obviously, at first blush it looks like we're trying to hide behind something and a game is being played, but we have the interest of the community (only the bank), to preserve the property and stabilize the neighborhood"

Translation: We're gaming the MLS system to cover our destruction of your neighborhoods

[T]here is a negative connotation about bank-owned property, especially the property's condition. We want to change the perception."

Translation: We don't want them to know we stole it...so we need to disguise it

"If a buyer wishes to put a contract on a bank-owned home, then it will become clear through paperwork the property is a foreclosure, and any defects or repairs can be corrected or reflected in the sales price."

Translation: Like Robo-signed paperwork, we can create, correct, or have it say...anything

[M]ost banks for some time have made it clear to agents {if they want the business} they {Wells Fargo}don't want the words "bank owned" {showing} in the MLS {listing}. [But] only recently has Wells Fargo begun to review the listings to ensure agents are complying with its preference {to deceive and hide the ownership}. Tyler Smith said he "understand the frustration that some agents have with the bank's preference for trying to hide its ownership on the MLS."

Translation: Listen up agents - Lie, deceive, whatever ...just get someone to buy the house.

BOMBSHELL - IMMEDIATE CHANGES DUE TO EXPOSURE OF THIS FRAUD

Starting today, MLS real estate MUST disclose bank ownership

Starting today, a service used by real estate agents to list homes for sale {MLS} will require that agents disclose whether a bank owns the property.The change comes two days after The Palm Beach Post reported that some banks, including Wells Fargo, tell real estate agents not to disclose the bank's ownership on the Multiple Listing Service. Some agents who sell bank-owned property privately said they feared losing business if they went against the wishes of the banks.

The {Florida} state Department of Business and Professional Regulation prohibits misrepresentation and concealment by real estate agents, but it does not specifically address bank-owned properties, said Sandi Copes Poreda, director of communications. {and Pam Bondi would never do anything that would make the Banks - follow the law) But Craig Fialkowski of Realty Elite of the Palm Beaches in Wellington {clearly stated what Bondi and the AG office cannot fathom}he called hiding the ownership on MLS "unconscionable {and}there is absolutely no reason a seller should authorize (an agent) not to disclose material facts pertinent to the buyer's interest in the property."

Nice job Alexandra - by shining the light on the FRAUD, you've brought about change

MORE of WELLS FARGO deceitful and un-trust worthy behaviour:

Martin Andelman:
Wells Fargo you've deceived, confused, and beaten....a senior citizen
Wells Fargo Insider: The independent Foreclosure review for OCC "IS A SHAM"

Abigail Field: Wells Fargo Servicer Driven Foreclosure
Is Stumpfs company Vicious & Incompetent OR vicious & Greedy ?
At a slightly deeper layer, the idea that Wells’s word can’t be trusted because it’s not in writing is offensive because Wells has executed all kinds of writings can’t be trusted. For example, Wells files documents that say: hey, look, we know we said in earlier filings that this mortgage was paid off, but psyche! it wasn’t. (Examples here and here; to understand why these matter so much, consider the Reuters story I mentioned earlier.)
The servicer {Wells Fargo} brazenness can’t be overstated. Check out what fraudclosure fighter and activist LISA EPSTEIN documented: the servicer is charging investors in a mortgage backed security fees for loans that don’t exist any more; they’ve been paid off or the houses foreclosed and sold to third parties
Wells Fargo and Credit Bureaus SUED FOR DECEIT (story of 9-3-2011)

Enhanced Online News: Wells Fargo Sued over excessive mortgage default fees

Wells PAYS $ 85 Million to "settle" mortgage abuse lawsuit: (Huffingtonpost story)
Wells Fargo & Co. has agreed to pay $85 million to settle civil charges that it falsified loan documents and pushed borrowers toward subprime mortgages with higher interest rates during the housing boom. The fine is the largest ever imposed by the Federal Reserve in a consumer-enforcement case.

Tuesday, February 21, 2012

US Bank V Duvall - Who really paid the mortgage?

You remember OHIO's Landmark Case
U.S. Bank v. Duvall: (Brief Case History below)
First a Cuyahoga County Civil Court (Cleveland) then an Ohio District Appellate court (8th) dismissed this case.... because US Bank (as trustee) hadn’t proved it owned the note and mortgage BEFORE it filed the foreclosure complaint. A third attempt was made by asking the Supreme Court to reconsider the Appellate Courts decision. That too ...was declined. In a final desperate attempt to change existing law, the Predator Drone Foreclosure Mill law firm found some Pro-Se defended cases where the appellate courts had misinterpreted or misapplied Ohio Law. US Bank used these poorly decided cases and requested the Supreme Court of Ohio ...to certify a conflict.... of Ohio Law.

Attorney Gary Cook and Antoine Duvall
 Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

But as the case received more exposure ...it became apparent....the FRAUD was going to be exposed (transfer & assignment of mortgage) ...or worse....have OHIO's highest court..... realise..... the NOTE was never properly or legally transferred to the TRUST. So the easiest and best solution - pay it off and cover up the fraud. Then simply ask the court to dismiss this case ....
So after initially "Certifying a Conflict" as a way to get this case heard by the court ....the ending (DISMISSAL) from Ohio's Supreme Court... was short and simple:

...........Upon consideration of appellees' Notice of Suggestion of Mootness, IT IS ORDERED by the Court, that this case is DISMISSED as MOOT........(Right Click HERE & open in a new tab )

HOW had DUVALL's three year legal battle......suddenly become MOOT ???

How was the "CASE of the CENTURY" .....suddenly and quietly dismissed ???
Well it appears that Wells Fargo and US Bank decided to satisfy (pay in FULL) the Duvall mortgage once they realised that this case would be scrutinized at the highest Level (and all the Fraud Exposed) See a copy of the suddenly satisfied mortgage ! 

This outraged our FL. friend - His commentary & blog on this Landmark Ohio Case

"CASH REGISTER JUSTICE" (by Outstanding Florida Attorney Matt Weidner)
…..”The banks just cannot allow major decisions to be reported. The banks will not allow the probing light of justice and truth to shine on what they are doing….so anytime they get backed into a corner with a bad case, they simply pay the mortgage off and walk away….calculating, cold and swift….like a predator drone strike….at the heart of our Constitutional Rights. And just think about the profound impact of having major cases just disappear from high court dockets”………
(Matt coined the phrase - ROBO-SIGNING - and helped expose this fraudulent practice and raise awareness on this issue .....to a national level)

NOW THE SHOCKING and DETAILED EXPLANATION
FULL REPORT and the UNVEILING of the FRAUD
Exclusive from our friends Lisa (Foreclosure Hamlet) & Mike (4closurefraud) and
Lynn Szymoniak (Fraud Digest)

Mr. Duvall’s case went all the way up to the Ohio Supreme Court, where the fraudclosing entity realized the weakness of their position and the possibility of a state Supreme Court issuing a decision that would prevent fraudclosures across Ohio. The fraudclosing bank {US Bank using Wells Fargo Servicing} and their {Predator Drone}Foreclosure mill attorneys {Thompson - Hine} knew they were caught with fabricated, fraudulent real estate documents. They were concerned that, under the scrutiny of Ohio Supreme Court judges, there would be a little problem with the lack of authentic, valid, legal proof of their right to foreclose. In order to moot the case, US Bank as Trustee and/or their fruadclosure mill offered a settlement that was too good to refuse which included the wiping out of the mortgage with a satisfaction recorded in the public records. Both parties informed the Ohio Supreme Court of their desire to drop the case. The Ohio Justices allowed the case to be dropped.

So just like Florida's Pino case (reported yesterday), banks will go to great lengths to avoid facing a court populated by a majority of judges who may not be bank-puppets. Of course, it’s becoming more and more known (even to judges) that widespread securtization fail (lack of proper, legal, contractual conveyance of mortgages and notes) was one of the stops on the way to millions of fraudclosures (fabrication of real estate documents & fraud upon American courts to cover-up for securitization fail).

The investors were notified in a timely manner of the….ahem…."liquidation” of this “asset” but boy…oh….boy did they take a loss on this one.

Let’s break it down shall we?
Trust: US Bank as Trustee for Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 2007-WFHE2
Servicer: Wells Fargo
Securitization Fail/Fraudclosure clues: Two Fraudulent assignments of mortgage,
one fabricated in 2008 (South Carolina Wells Fargo document signer Anita Antonelli )
one fabricated in 2011 (Minnesota Wells Fargo document signer Scott Heurkins)
Original mortgage: $90,000
The June 2011 report (page 16) shows Mr. Duvall’s loan (# 0157265091)
as incurring a loss of  $124,595.99. 
Broken down as $88,511.78 in principal losses and $36,084.21 ("delinquent interest")

It shows this loss as a hit to the investors to the tune of 140.768 %. 
Total loss to MBS investors (remember this might be your or your loved ones’ retirement funds or your county’s funds for making payroll to public employees)? $124,463.99

Think a moratorium on fraudclosures is warranted so we can investigate these newly uncovered layers of fraud and come up with sustainable solutions for families and investors while indicting the financial criminals? Maybe if we insist and demand this now we can save both American families and our retirement/pensions/municipality investments from continued harm

READ the rest of the report with exhibits (HERE)