Just in case you thought it was negligence….

From an avid reader and investigator, the wording below is from an exhibit in litigation that was (of course) dismissed that shows that Wells Fargo managers were specifically instructing their subordinates who talk or correspondent with borrowers on what to say and what not to say. Specifically they were not reveal that Wells Fargo did not have the security instrument or other documents (like the note or any evidence of payment for the debt).

 

So here we have Wells Fargo pursuing collection and foreclosure knowing full well that they don’t have the mortgage or deed of trust. And they know full well that neither Wells Fargo nor anyone in their chain has ever paid for the debt; and that in turn means that nobody in their chain is losing any money.

And THAT in turn means that there is nobody in the chain who is an aggrieved party — someone who has been damaged by the nonpayment by the borrower. So finally that means they should not be pursuing collection much less foreclosure. And logically that means that insistence on doing so means that they are using foreclosure as a ruse to get revenue instead of restitution for an unpaid debt.

So the bottom line is that Wells Fargo has been  pursuing claims and forcing sale of homestead property without ownership or possession or payment for the loan.

One might ask about the color categories in discovery. What does red mean?

Here is what was sent to me.

categories:

Chris Dieter

Dieter, Christopher
Tuesday, April29, 2014 10:47 AM Tran, Duke

Customer Service Representative Customer Specialty Services

Wells Fargo Home Equity I 18700 NW Walker Road #92 MAC P6051-01A
Tel 877·221-1608 I Fax 866-238 6879

Christopher.D!eter!fi!wetlsfargo.com

I Beaverton , OR 97006-2950

Follow up Flagged

Red Category

From: Moreland, caz
Sent: Monday, April21, 201411:54 AM
To: Boyer, Jonathon R.; Dieter, Ouistopher; FIQueroa-jalmes, Eliana; Francis, Jessica; Hager, Kathleen R.; Hughes, stephanie; Lattion, Tammy L.; Mcguire, Mard A.; Palumbo, Janice L; Peebles, Tyler D.; Phosavang, Sammy; Sirnantel, Mlshe M.; Stone, Elijah B.; Tran, Duke
Cc: Ledonne, Peter
Subject: Reminder!

Hi Guys just a reminder,

Please remember when you come across a situation where we have a lost contract, deed, any type of document, really, but especially when It relates to securing a property, we are not to share that with the customer. It’s ok to say that we need to do further research or something similar (and then escalate the situation to a leader), but if we find in the notes {or elsewhere) that we have a property where we don’t have a security document on file, that is not something we would share with the customer under any circumstance.

7 Responses

  1. Just in case you thought you could win……

    https://www.law.com/dailybusinessreview/2019/11/07/court-erases-miami-dade-judge-butchkos-order-in-us-bank-foreclosure/

    In lieu of risking copyright lawsuits, I just posted the link.
    The decision was erased, but nobody had the balls to sign the order.
    Just like I said (and this kind of goes with the link I posted on the previous thread, the courts have decided, and homeowners be damned.

  2. WFB foreclosed on my home claiming to be the beneficiary as a result of corporate take over from Wachovia/World Savings combo grom the melt down nightmare of September 2008.

    There was NEVER any record of ADOT Assignment of Deed of Trust from Wachovia, plus the fact that WS was not even around in 2008. How is it possible for WS to do ADOT to Wachovia?
    And of course no ADOT from Wachovia to WFB.

    CalWestern Reconveyance claimed itself to be the trustee of WFB and recorded NOD Notice of Default in March 2012. Their SOT Substitution of Trustee at County Recorders was recorded in June 2012. When they did NOD they were NOT even Trust of record.

    Also auction sale was executed while negotiation of loan modification/rewrite was happening. That was dual tracking.
    WFB admitted to have misdirected misinstructed employees
    in the loan mod process resulting in wrongful foreclosures August of last year. I have no intension of walking away from such harm.

  3. Neil ,

    The actual email and the case cite where it showed up would be great to post.

  4. I have a very similar situation. Has anyone come across an “Investor” of your Loan named “BPNORTH AMERICA CHATS”?
    Thank you in advance!

  5. Jan van Eck,
    I am have the same problem with Wells Fargo. I just sent you an email…please respond and call me

  6. Neil, I would ask you for an actual scan of that internal e-mail, needed for current litigation against WF where they are doing that against a property where I know that WF does not have the note, but claim in pleadings to the court that they are “holder of the note.” This would torpedo a defense of simple negligence and open the door to exemplary damages. Pls send to: lounsburylegal@gmail.com thanks

  7. The Fed Gov knows for a fact that most if not all Washington Mutual Bank’s (WAMU) 1.3 million FHA & VA loans that from the Jul 31, 2006, mortgage servicing agreement between WAMU and Wells Fargo Bank was completed. Wells had all the files transferred to them by purchasing from WAMU the building housing those files.

    WAMU was seized on Sept 25, 2008, and its parent company filed an emergency bankruptcy on Sept 26, 2008, at a point that WAMU could not act because it stopped existing as all the mortgage Note that were attached to WAMU Ginnie Mae MBS using UCC3 procedure that must be done to create the MBS.

    As it is know that over 95% of all Fed Gov loans are attached to the banks Ginnie Mae MBS because the blank Notes are owned and held by Ginnie through selected custodian of records, as Wells in the case of WAMU.

    Wells did not purchase the debt nor did Ginnie, FHA or VA, which made the only financial party left in the two party only mortgage contract the homeowner. The FDIC knew or it was its business to ensure that these homeowners be aware of the right course of action to not have Wells claim ownership by having forged Deed of Trust created by the same law firm in Kozeny & McCubbin that loss in the 2016 Holm v. Wells & Freddie Mac.

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