Bifurcation!
Securitization FAILURE!
Remember PINO vs BONY? Well here is another involving a fraudulent assignment!
You can fast forward and begin shortly after 16:00 and listen to Wells Fargo’s attorney.
She brings up the MERS Min Number but as I pointed out these numbers are not always unique.
Listen to the judge say, “MERS is NOT friend of the borrower, I’ve seen 100’s of these and trust me MERS is NOT the friend of the borrower.”
What about the conflict that Wells is an owner of MERS who is named on the document of the borrower? Was this affiliation ever disclosed to the borrower when they signed the documents?
For more info on this case please see the opinion: ZERVAS vs WELLS FARGO | FL 2DCA “Acceleration Clause, No Assignment, Lost Note Affidavit, A Genuine Issue of Fact”
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
The Wells Fargo lawyer clouds the case when she is talking about who is holding the Note and who holds the Mortgage (title). You cannot been in title if you don’t have a financial interest in the Note.
The Notes are signed and endorsed in blank, but they have the burden of proof under UCC 9 to present the proof if there a question of ownership.
Bottom line is did Wells Fargo purchase the debt in order to have the mortgage assigned to them? This attorney for the homeowner does not have a full understand of mortgage law, and its important as to why the loan was placed into a Trust, who was the Trust representing.
Why it so important to know why if your selling a Note why are you signing it in blank. What type of loan does this person have, because what Wells Fargo is hiding that government loans have the Notes signed endorse in blank and are in the physical possession of the Notes as they are as they Wells Fargo lawyer said are owner of.
However it a fact that Ginnie Mae does not ever purchase the debt of the Notes and there is no dual ownership as under UCC 3 ownership is in the hands of the one that physically possession it. Now the way these crooks are trying to get around the situation is Well Fargo act as this custodian of records. So as a custodian of record in possession of the blank Notes does not act for itself, as Wells Fargo is trying to do, as it act for whom they are employed as the custodian.
Wells Fargo want to get around having to present to the court proof of purchase which does not exist by simply saying we are in possession of the blank Note. However that blank Note could not ever in this lifetime be assigned to Wells Fargo once its been relinquish to Ginnie Mae because Ginnie Mae after the Notes are delivered to them makes that Note non-negotiable because they cannot sell the Note as they cannot and did not purchase it.
Good try Wells but your going down!
I think all this is just an attemp to make the process so hard and long that the homeowner/lawyer will not have the time or money to find the answers. I am going into chap 13 next week, 40 years of always doing what I said I would. Until this recession, I was never late on a payment for the whole 40 years. I will soon be living on the street. I will always feel that my home was takern away from me by a criminal cartel. I only have six years to go on my loan, I was not asking for a cut of my loan amount, only to go to a 15 year term so that I could make the payment. Pray that God will give me the power to forgive them, to not take action on my own. I fear you will soon read about me in the news. I do not know what to do, when just like in mexico the cartel has paid the law to look the other way, what does the little person do? Please pray for me, but first pray for all those wall street bankers. You can push a person only so far and when that person does not feel he can get a fair day in court, you are asking for big,big, big, trouble.
Johnny before you do something that does not makes sense, please tell me who your lender and what type of loan you had (Prime, FHA, VA or Subprime) so I can tell what may have been done wrong by your lender.