Wells Fargo `Robo-Signer’ Draws Dismissal Motion in Maryland

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary
By Michael Riley – Nov 1, 2010 9:01 PM MT Tue Nov 02 04:01:01 GMT 2010

A Maryland homeowner asked a court to dismiss any Wells Fargo & Co. foreclosure actions in the state that involve affidavits given by a bank employee who said she signed documents without completely checking their accuracy.

Susan Saidman asked a Montgomery County court to recognize as a class all defendants in Maryland cases with foreclosure papers signed by Xee Moua for Wells Fargo. In a March deposition in a Florida case, Moua said she didn’t verify all the information in filings she signed, sometimes processing as many as 500 in two hours.

To permit “foreclosure actions to proceed based upon these false and fraudulent papers would be to accept dishonest and bogus behavior in Maryland courts,” Saidman said in a motion filed Oct. 29. “Such a result would be an assault on the rule of law.”

Saidman raised the defense against members of Shapiro & Burson LLP, a law firm that she said brings foreclosure actions on behalf of Wells Fargo and other secured lenders. The law firm couldn’t be reached by telephone yesterday after regular business hours.

Wells Fargo, the biggest U.S. home lender, said last week that it will file supplemental foreclosure affidavits to courts in about 55,000 proceedings after finding some statements “did not strictly adhere to the required procedures.” The San Francisco-based bank has said it chose to resubmit the documents out of “an abundance of caution” and that none of “these instances led to foreclosures which should not have otherwise occurred.”

Ohio Attorney General

Ohio Attorney General Richard Cordray last week asked judges in his state for copies of foreclosure affidavits filed in their courts and signed by Moua. He sent a separate letter to Wells Fargo asking the bank to vacate any foreclosure judgment in Ohio involving incorrect affidavits.

Marysville, Ohio, homeowner Ann Piwinksi brought a suit yesterday accusing Wells Fargo of violating the state’s Consumer Sales Practices Act, according to court filings. Hers is the first civil case in the state against Wells Fargo involving the use of so-called robo-signers, according to her lawyer, John Sherrod of Dublin, Ohio.

Piwinski said documents in her foreclosure case were signed by China Brown, Moua’s supervisor. She’s seeking civil penalties and punitive damages.

“Without seeing the specific information, it would not be appropriate to provide a response on pending litigation,” Vickee Adams, a Wells Fargo spokeswoman, said yesterday.

“We believe we have designed an appropriate process intended to insure the quality of customer and loan data in foreclosure proceedings,” she said.

The Maryland case is Burson v. Saidman, 323096V, Circuit Court, Montgomery County (Rockville); the Ohio case is Piwinski v. Wells Fargo Bank, 2010-CV-1373, Fairfield County Court of Common Pleas (Lancaster).

To contact the reporter on this story: Michael Riley in Washington at michaelriley@bloomberg.net

5 Responses

  1. Mikey, the loan file must be retained. The note exists somewhere, nobody wants to pull it out because it is void of the proper assignments and endorsments to constitute the “true sale” doctrine (MortLoanPurchAgree.)required by the securitization; or, it may never have traveled anywhere; or, it was repurchased, defaulted, extinguished, subrogated, but eventually collection rights are sold off. Nobody knows where the ownership lies as the QSPEs are concerned, that’s an issue they would claim it should be assumed because of court pleadings by people who know nothing.

  2. I don’t get it… how does any bank get away with this fraud? If the note was securitized, it’s gone, the lenders gave it up for cash from Wall Street Investment bankers. They can’t possibly have a real note, or any interest in the home. What the hell is so difficult in this matter. Put thes idiots in jail, hand off modifications to meet current market values and get on with it. WTF!

  3. the shappiro and burson foreclosure mill should be investigated, they have ontinuously showed up in District, FEDERAL AND BK courts in MD, DC AND VA with all these bogus documents, bogus accounting, they continuously file motions to lift stay using robo signed xocuments, with unincorporated entities, bankruptdd and disappeared originators. They treat home owners like they are criminals, they are doing credit bids for unauThorized Parties.

    the maryland bar should revoke their license. theh are as arrogant and attrocious as the infamous Stern Firm in FL. I guess these banksters pick them making sure they are all bottom feeders like themselves.

    Sue the hell out of them, not legal advice, justice shall be served

  4. Zinger

    Need more explanation and information regarding your comment

    “Here is Arizona the judge in judicial court said that he is BARRED from allowing any argument about title issues or validity of sale based on fraud DURING AN EVICTION hearing (Forcible Detainer)”

  5. Well I am going to have to write a blogpost on this. EXCELLENT report Neil. Notice the Wells Fargo Spokesperson doen’st come out and say … All is right, we have corrected the process and there are NO MORE false documents in paly… NO she basically is saying that all is well and don’t worry they have fixed things (no specifics on that either – when fixed, how fixed, what fixed?)

    Here is Arizona the judge in judicial court said that he is BARRED from allowing any argument about title issues or validity of sale based on fraud DURING AN EVICTION hearing (Forcible Detainer).

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