California Homeowner Challenges Wells Fargo, Could Set a Legal Precedent

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GAME CHANGER? | California Homeowner Challenges Wells Fargo, Could Set a Legal Precedent

GAME CHANGER? | California Homeowner Challenges Wells Fargo, Could Set a Legal Precedent

DEMUCHA v WELLS FARGO | California Appeals Court Reverses & Remands “QUIET TITLE, FRAUD & MISREPRESENTATION, SLANDER OF CREDIT”

A Bakersfield homeowner is taking on a bank, in a battle that could have sweeping implications for people facing foreclosure.

Mark Demucha wants Wells Fargo to prove it owns his home loan. And, if his lawsuit is successful, it could set a legal precedent that slows or even stops foreclosures across the state.

[KGET]

www.StopForeclosureFraud.com
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19 Responses

  1. Also, you’ll find that they like to invest in foreclosed properties from trustee sales:

    http://c4.blockshopper.com/property/16308215006/8917_montego_bay_drive/

    http://c4.blockshopper.com/property/12936111003/1356_knotty_pine/

  2. Oh, the other thing Mr. Bayard will do is have you pay $3000 to file your BK and then put on the petition that you owe him $3000…sounds like double dipping to me.

  3. Alessi Trustee Corporation (as in Alessi & Bayard) with an office in Agoura Hills, CA. “Unlike a collection agency, our several states on staff makes a world of difference. Unlike a collection agency, our elite team can utilize the judicial and non-judicial foreclosure process. Having a broad choice of options means Alessi Trustee can choose the service that is best suited for your specific needs.” You’ll find Tom Bayard and Walter Hackett’s affiliation at http://www.CorporationWiki.com.

    He is one sick lazy bastard looking for easy money.

  4. @ okaybutwait: I want to make lawyers like you described jog in front of my car. Who is the trustee in Vegas please? Love your name, btw.

  5. I MUST warn you all to steer clear of Tom Bayard an attorney in California. I believe that he is a Max Garner graduate and may be on Neil’s list. He and Walter Hackett are NOT on your side, though they will pretent to be until they get your money. They will walk you through your documents and point out all kinds of wrong doings by the banksters. You’ll feel as though you finally have found an attorney on your side that “gets it.” And then, Mr. Bayard won’t even respond to your questions. They can’t even get a bankruptcy right!

    I know of two others that have hired them and ended up in the same situation. Tom Bayard has been reported to the California Bar Association at least 3 times (by people that I know of), yet they do nothing. Ater a complaint on the phone to the BAR, the response was, “This isn’t the first time we’ve heard this.”

    You will lose your money and they will do NOTHING to help save your home. In fact, Tom Bayard is affiliated with a Trustee firm in Vegas the files foreclosure documents!

    Beware…ask what cases they have worked on…and make them show you proof!

  6. HI Johngault,

    Thank you for the pat on the back. I did mention earlier many sites on the internet in which people were telling their stories and I can assure you that I did find quite a few while looking for an attorney last fall. Most of those testimonies start out the same way: the loss of a job, medical bills, skipping payments, being conned into mod trials, being overwhelmed and finally being so fed up that they decided they had nothing to lose fighting I spent countless hours keying seraches such as “Homeowner beats the bank”, “Homeowner successful stories” and others and. although many refered to states I don’t live in, I remember quite well that this is exactly what incited me to start fighting, sending “where is the note” and QWR letters, to put aqll my papers in order and consult the county’s recorder’s, Fannie Mae’s and MERS’ docs and to subsequently decide to retain an attorney. Unfortunately, once I was convinced that winning wasn’t out of reach, I stopped searching. So I am sorry not to have any specific site to send you too but they do exist.

    It is in those sites that I learned that fewer than 5% fight the banks. Among those 5%, fewer than 2% actually go to trial. The proportion that were dismissed with prejudice right of the bat was fairly low (and I don’t remember the number). Of those allowed to proceed, a great number were dismissed without prejudice by banks as soon as the hard questions were asked and standing was successfully argued. Some were refiled later either by the same bank or by a different one with questionable paperwork and some states started looking into it very seriously. Again, I’m sorry I don’t recall all the numbers but I suspect they are no longer accurate anyway since more homeowners have filed class actions and fight foreclosures as a matter of principle (rather than as a desperate last ditch attempt to save the boat), many foreclosure mills have been found out for what they are, and fraud has been extensively revealed.

    I hope it helps a little. As soon as i come across some of those sites, I’ll send them to you.

  7. There are no Banksters, monsters or shanksters. This is a subrogation’s claims effort brought for the liquidation of Toxic assets held (IF ANY ARE LEFT) by the Statutory Business Trust. The assets are reclaimed by the FDIC for its member banks or by Investors who have successfully CASH Bid and purchased the possessory and non possessory principal debtors obligations and assets.

    It is a difficult and time consuming effort done under a clandestine and opaque manipulative procedure. The anticipated outcome is restoration of the US Banking system which many view as a Federalized System of Banking under the Department of Treasury – the first in US history.

    This effort is highly oppressive by European views and the IASB where brought under a willful and overbearing Government mandate to settle these claims in the private sector . That as opposed to governments preemptive strike.under the Safe Harbour Rule (As we saw in October of last year). The government has beseached GAAP and impolred FASB for everythig under the moon. The FDIC is manned by more accountants than attorneys . The FSAB and merger into the IASB and repeal of safe harbour and directives for banks to restate earnings should tell some one – anyone out there this is a accounting matter that must be argued in the Fed Bankruptcy Courts. Stalking horse Bidding and capitation of assets – there is not much here in procedural claims and evidentury by way of applicable case law.

    These matters are beyond the scope of the local practioner who argues equitable claims in a problematic environment that mandates a clear understanding of stuatory laws and legal theory. That is killing the majority if not all the litigants who view the judicious as their day in court.

    In other words to go into court affirming these banker or banksters defenses …overcoming equitable and common law minset in titel theory – its a very very sophisiticate argument way to many have tried to master late into the night. The defenses are of little merit and the staute of frauds has no merit in the bigger picture. Worse the statue of limitations has run its course or is running out for most still hanging around – – – -waiting to bring a right of action

    . . . . or for the other anvil to drop. It’s late – very late in the game to be talking about UCC rules, Robo Signors, False Affidavits and notary irregularities

    M.Soliman
    expert.witness@ive.com.

  8. Christine and Pat, you two are real fighters, aren’t you? I was particularly touched by your desire to teach your children to stand up.
    I hope you do go down in history as defenders and frontiersman. I wish all things good for you and especially a happy ending, at least your own ideas of happy for having fought so hard for in-roads. Didn’t say that very well. Hope you know what I mean. Many kudos for fighting for what you believe.

  9. @christine – I would be interested in links or clues to sites where people tell their stories and include the attorneys who represented them……? Save me a lot of time if you could direct me to those websites. Thanks.

  10. Christine,

    I feel the exact same way…

    I have lost three years of my life trying to save my home. I am in my 50’s and had many mortgages before this one and never had an issue. I begged for help even before I fell behind due to income loss which I have now recovered from but the damage is done. The servicer had no intention of helping with modification. We now know why.

    For me I will fight and like you will win against the banks. It has become my personal mission to fight this as far as it needs to go and I like you want a jury trial I want to tell my story.

    My attorney is very good and is passionate about the fight. He charges a hefty fee monthly which I am happy to pay and when I win Quiet Title he will have earned every penny of contingency fee.

    I actually have decided this is my personal mission to show my children to take a stand and fight for what is you believe in. Fight for those who are to scared, to busy or depressed to speak up. This is now just a house which I live in but has been foreclosed. I have nothing to loose and everything to gain!

    Thanks to all the wonderful foreclosure blogs such as Living Lies on this subject I am no longer afraid of the bank/pretender lenders

  11. Thank you Leapfrog for pointing out that fabulous Mandelmann article.

    I was fortunate to find a foreclosure defense attorney willing to accept a reasonable monthly payment lower than the mortgage payment I was making to a bank until it failed/refused to answer my QWR (in the absence of any recording of transfer/assignment of loan at the recorder’s office) while still charging outrageous late fees, losing my payment, giving me a repayment plan they immediately breached, etc. When (and notice that I don’t say “if”) we win against the bank(s), I will be more than happy to give to my attorney the 10% contingency fee he also asks for: it will be well-deserved!

    In exchange, I adamantly insisted that I will not negotiate anything less than a complete write off of the loan with hold harmless, indemnification agreement and whatever else, plus legal expenses and a few bucks to make up for an ordeal that stole 3 years of my life. The alternative for the bank is to risk a jury trial and I know my case so well, it is absolutely impossible for me not to get an attentive ear from the jury. Originally, it felt quite intimidating but the wonderful thing is that victory does lie in the fight. The way i look at it, I wasn’t born with the house and I won’t take it with me when I die. What I will have to do is account for how I spent my life and what I did to make someone’s life a little easier. Fighting right now will go a long way toward proving what I did (the result is secondary) and that I didn’t just “take up space”. Fighting will give our kids and grand kids a fairer chance.

    Now, let’s think about a few things. As i said earlier, banks will have a harder and harder time finding 12 people ignorant of their constant fraud and abuses: it’s all over the news and the internet. More abuses are uncovered daily and more media are more than happy to recite them daily. Therefore we need to always insist on a jury trial, even if we end up settling before it gets to that. Verdicts are public record. Settlement always come with a non-disclosure agreement. Banks will prefer obtaining a non-disclosure agreement rather than be publicly hit with a 2 million verdict (ten times the value of the loan they are trying to wrongfully collect), which would incite others to take their chance.

    For banks, being flexible now will slow their collapse. It ain’t gona stop it. It will simply prolong it enough to delude the richest into thinking they can accumulate a lot very fast for rainy days. Bank CEO’s are like everyone else: they know the end is near. Let’s make it as far away as possible: for many, a slow death is better than Pooff! not being there any longer and possibly having to stand trial for the horrendous wrong they have caused the world over.

    Another thing is: it costs a lot to a bank to defend a case… iffy at best. Foreclosure defense attorneys are on a mission to redress this country. They are willing to sacrifice to see it happen. Bank defense attorneys are just in for the money and, interestingly, charge banks anywhere between $500 to $1000/hour (more than I pay my attorney monthly. Some bank attorneys charge even more than that).
    So: legal costs plus greater inability to find favorable juries plus risk of public verdict means that, when all is said and done, they have eaten the damn loan 10 times over. It’s in their increasingly best interest to write off quietly.

    So, now is the time to fight. They still have enough money to right the many wrongs. In 2 or 3 years from now, who knows… Because 2 millions here, 20 billion there, pretty soon, we’ll be talking real money! And banks don’t have that much. Proof is: they stole billion
    of ours with those unreimbursed bailouts, the HAMP debacle, the tax write offs, etc.

  12. “Clearly, the banks have “bought” this state agency who has done NOTHING for 4 years to help consumers. This is outrageous.”

    Yes, their propaganda is disgusting and it is outrageous that a state agency, which is taxpayer-funded, be “owned” by the banksters and they dispense such blather, trying to make it sound like defending foreclosure is totally hopeless and you might as well tuck your tail between your legs and give up and leave. That’s EXACTLY what the banksters want you to do.

    While there are no sure bets, if you’ve decided to fight, then go for it. The more of us who fight back, the bigger our numbers and the better chance we have to topple these zombie, propped-up by the government with discount windows and secret loans, corrupt, INSOLVENT, too big to fail entities.

    That being said, there are some bad apples out there. I’ve heard some horror stories on loansafe about a local “defense” mill here in my town. Were I looking to interview an attorney (already have one that I found here on Neil’s list), I’d look on Neil’s list or Max Gardner’s BK Bootcamp Graduate list – even then, you need to do your homework.

  13. Meanwhile cementing the ethical breaches of Phelan Hallinan & Schmieg:

    Phelan Hallinan Schmieg ethics breach: They called cops on media & homeowner, lied about it.

  14. Here is a great, and the most recent, Mandelman article and guess what? Its on topic! How about that?

    http://mandelman.ml-implode.com/2011/07/lawyers-foreclosure-fatigue-and-the-dreaded-free-house/

  15. Kickbox,

    If that specific case does not create a precedent in terms of a positive result for the homeowner at that specific time, the more people force banks to prove their rights, the more the issue of standing is raised and the more likely that, eventually, a precedent will be made.

    Remember: everything is a number game. Banks played the numbers and cheated. The more victims, the greater chance of them being heard (provided, of course, that they fight. Right now, it’s still necessary to be willing to take on the fight).

    Now is not the time to lose hope. Time is with the homeowners since every single day some new fraud and abuse is being uncovered. The longer the banks take to resolve lawsuits and the more difficult they make it on themselves. Imagine: 3 years ago, you had only a handful of judges aware of what the issues were. Now, hundreds of them have become very well acquainted with bank fraud and banks’ deceitful strategies. Likewise, 3 years ago, a homeowner might not have had a prayer before a jury. i would challenge any plaintiff’s attorney nowadays to find a jury who did not, directly or indirectly, suffer from the mortgage situation banks created and the economic disaster it has caused for everyone… but them. Look around you. Can you find 12 people you know who have been left completely unscathed by the last 3 years? Hove you noticed how many defense attorneys have learned how to successfully fight the banks and how many, nowadays, are willing to do it pro bono or for very little money?
    Of course, you need to be very careful who you choose but think about how mych internet can help you. You have hundreds of sites where people tell their story and name their attorney (good or bad). All we have to do is invest the time and energy into doing research… and a lot of it!

    So, keep a positive outlook because, really, it can only get better.

  16. Shelley Erickson

    Link does not work…Please resubmit.

  17. I hope this case really does set legal precedent for Californians. We are losing hope here in Cali.

  18. Here is Here is a case won on the promissory note and deed of trust were timebarred by the state statutes of limitations.
    http://www.mycreditmedic.com/When_does_the_Statute_of_Limitations_start.pdfSimilar
    File Format: PDF/Adobe Acrobat – Quick View
    You may also read the FTC’s publication on Time Barred Debts. State. Written contracts. Oral contracts. Promissory notes. Open accounts (including credit …

    Herrera v. Deutsche Bank :: 2011 California Court of … – Justia Law

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