Wells Fargo Assignment to Deutsche Bank violation CC 1095, attorney in fact violation.

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Wells Fargo Assignment to Deutsche Bank violation CC 1095, attorney in fact violation.

Posted on24 April 2010. Tags: assignment deed of trust, cc1095, deutsche bank, fraud, ndex, new century, void assignment, wells fargo

Via: b.daviesmd6605

The assignment Wells Fargo did for Deutsche Bank. Note on the assignment it says, ” Wells Fargo N.A. Attorney-in-fact for New Century Mortgage Corporation” — this violated California Civil Code 1095. It is suppose to say, “New Century Mortgage Corporation, by Wells Fargo N.A. as Attorney In Fact”

California Civil Code says Civil Code Section 1095 says, ” “When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.”

There is a case, Hodge v. Hodge, 257 Cal. App. 2d 31 (1967), which says that if this is not followed exactly, the transfer is void. And obviously the judge agreed (thank goodness).

They don’t have a power of attorney to go with this assignment either! In discovery they gave us one that was done three months after the assignment; and six months after the NOD.

Scribd

CCC 1095 When an attorney in fact executes an instrument transferring an estate in real property, they must subscribe the name of his principal to it, and his own name as attorney in fact.

Plaintiff correctly asserts that this assignment is invalid for the reason it violates CC § 1095, in that it was executed solely by BANK 1 as attorney-in-fact for BANK X, without subscribing BANK 1 name. See Morrison v. Bowman (1865) 29 Cal. 337, 341, 352; Mitchell v. Benjamin Franklin Bond & Indem. Corp. (1936) 13 Cal.App.2d 447, 448.