When the other side is playing hardball with dirty tricks, perjury and fraud, what do you do?
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In the December 2017 Florida judicial foreclosure case of Wells Fargo Bank v. Riley, Court holds after trial that Defendant homeowner prevails and keeps his home due to three legal theories, the first and paramount one that the Plaintiff Wells Fargo on behalf of a Chase Trust, had unclean hands for through a key witness dissembling at trial (and failing to prove) that the ‘Chase Trust’ had possession of the original Mortgage Loan Schedule (MLS) at issue in the case.
As the opinion after trial noted, “even if Plaintiff had standing to foreclose (a meritorious claim), Plaintiff would be denied the equitable relief of foreclosure upon a finding that Plaintiff took action in pursuing this foreclosure that reasonable and honest men would condemn.”
Now to see this principle of unclean hands applied in California and other non-judicial case lawsuits on behalf of homeowner Plaintiffs….
Spoiler alert: There is no Mortgage Loan Schedule except when it needs to be fabricated. If it were otherwise the banks wouldn’t be able to trade loans and derivatives in their own names, thus depriving investors of profits that are rightfully theirs.
My own take is that dirty hands only comes out for real at trial. Therefore it is up to the homeowner’s attorney to eviscerate the robowitness who knows nothing except what was on the script he/she memorized. Key words: Timely objections and Cross examination. If you don’t know how to do that, stay out of the courtroom.
Join attorney Charles Marshall and investigator Bill Paatalo, each of whom has examined these issued closely. PERSISTENCE COUNTS!
see Wells Fargo admits to falsely foreclosing on hundreds!
Filed under: foreclosure |
@ ALL
Miami Court Wipes Ruling That Found HSBC Forged Mortgage Documents
A state judicial panel remanded the case to the trial court to enter a final judgment of foreclosure.
https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2018/02/08/miami-court-wipes-ruling-that-found-hsbc-forged-mortgage-documents/
here is a clean copy https://www.scribd.com/document/385590584/Robo-Witness-Destroyed
@ Papergate & ALL
A different query located the following “ORDER GRANTING FINAL JUDGEMENT TO” John Riley, beginning at p. 63:
https://efactssc-public.flcourts.org/CaseDocuments/2018/624/2018-624_Petition_69702_APPENDIX2DPETITION.pdf
@ Papergate
According to the podcast, case details will be posted at some point in the future.
The parties to the case are Plaintiff WELLS, and Defendant John Riley; in the Palm Beach Circuit Court of Florida, which offers no details on its website.
Below is an article confirming the case ruling, which is all I have located without flying to Palm Beach, Florida, and then walking into the courthouse.
I really want to see the admission by WELLS’ person most knowledgeable that a PROMISSORY NOTE is Non-negotiable.
https://www.huffingtonpost.com/entry/a-little-bit-of-foreclosure-soap-wont-wash-away-those_us_5a359b36e4b02bd1c8c6074a
In support of what i previously stated about there being “The United States of America” and “The United States” please carefully read the attached settlement agreement below (posted by Kalifornia) especially the exclusions sections toward the end where the language is carefully crafted to say that this is a settlement with the “United States” but “the United States of America” remains a non party to the settlement and is excepted from the agreement… (implying that “the People” can go for more on their own -IMHO)…
In a nutshell, “The United States” is a PROPERTY of “The United States of America” (AKA We The People) but is not an equivalent term. The US is a room built and attached to the house of the USA. USA and US are not equal.
This settlement agreement makes it clear to anyone who knows how to read beyond 6th grade.
Pls read it yourself and think about it before you ram a hot poker up my cerebellum.
(for reference – see also edrivera.com)
TY -boots
Thanks Kalifornia – do you also have the Wells v. Riley case from this show?? Thanks
Wells Fargo lies, as usual. They illegally foreclosed millions with forged documents between 2009-present time, after Wells received $326 billion taxpayers’ bailout for their $5+ trillion Ponzi scam with mortgage derivatives. Between 2008-2018 Wells Fargo assets increased from $600 billion to $1.9 trillion, mostly by defrauding Americans and laundering dark money through US Court system. These are JUDGES who must be liable for aiding and abetting foreclosures fraud and helping banks to steal houses. Without Court orders Wells Fargo could not be able to foreclose anyone.
May I send my document with check you might find s way to get my right back? I lost our residence due to @WellsFargo F modification !
@ Papergate
https://www.justice.gov/opa/press-release/file/1084371/download
Copy of case??
…
Now come Appellants and request that the Court take judicial notice of the documents set forth below which are submitted herewith, pursuant to Wis. Stats. sec. 902.01.
Wis. Stats. sec. 902.01(2) which provides:
(2) KINDS OF FACTS. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (a) generally known within the territorial jurisdiction of the trial court or (b) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Wis. Stats. sec. 902.01(4) provides:
(4) WHEN MANDATORY. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
Wis. Stats. sec. 902.01(5) provides:
(5) OPPORTUNITY TO BE HEARD. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
Wis. Stats. sec. 902.01(6) provides:
(6) TIME OF TAKING NOTICE. Judicial notice may be taken at any stage of the proceeding.
Exhibit 1 is a document capable of accurate and ready determination in these
proceedings, as an official public document and its accuracy can be readily determined by recourse to the official source of the information as identified below.
SETTLEMENT AGREEMENT BETWEEN WELLS FARGO BANK, N.A.,
AND THE GOVERNMENT OF THE UNITED STATES AND THE
UNITED STATES DEPARTMENT OF JUSTICE DATED AUGUST 1, 2018
The document is retrievable in its original form from the United States Department of Justice website at:
https://www.justice.gov/opa/pr/wells-fargo-agrees-pay-209-billion-penalty-allegedly-misrepresenting-quality-loans-used
Judicial notice may be taken at any stage of the proceeding. This means that an appellate court may take judicial notice when it is appropriate. A party against whom the taking of judicial notice is sought must have a chance to object as to whether the matters are capable of indisputable proof and, therefore, subject to the taking of judicial notice. Sisson v. Hansen Storage Company, 2008 WI App 111, 313 Wis. 2d 411, 756 N.W.2d 667, 07-1426.
Filed today in the Court of Appeals