Press has it confused, as the reporters assume everything filed in court is “lawsuit”. Here is what actually happened, Attorney Linda Tirelli was provided the Attorney Manual by a colleague in NC who got it from a colleague in FL who found it on the internet. Linda needed to verify it so she attached the manual to a RFA in one of my cases ( In re Mota) and instead of admitting or denying the document, Wells Fargo’s attorney sent a letter claiming its confidential – taken that to be an admission its authentic, you could read it however you like. Linda next submitted page 17 of the manual to an Emergency Mot to Reopen Discovery POST- Trial in another case re:Franklin.
If you regularly see bogus indorsements, allonges, affidavits of lost note, assignments etc,. look at pgs 15-17 and 20-24 to start and tell me what you make of it.
A motion to reopen discovery in Mota last night now available on PACER, the hearing is 4/8 and trial is 4/22.
Franklin Mot to Reopen Is set for a hearing on 4/21.
Hope this helps clear the confusion.
In case you would like to reach Linda Tirelli below is her contact information.
Linda M. Tirelli, Esq.
Garvey Tirelli & Cushner, Ltd.
50 Main Street, Suite 390
White Plains, NY 10606
Phone: (914)946-2200
Fax: (914)946-1300
www.YourBankruptcyLawyer.net
www.BankruptcyProtectionExpert.com
The plot thickens. This actually is GREAT news. Wells Fargo up in flames.
Ordinarily… and with WF in the Trustee position… where these doc’s should have been created by someone else, months and/or years before and especially before the closing date of the trust… this is a knife across the throat of WF. But I have to wonder just how long it’s gonna take before the court’s either 1. smarten up and realize what’s going on 2. lose their fear of ruling against their largest campaign contributor 3. start actually upholding the law. It’s taken about 8 years to get where we’re at in this and it’s no way near right yet.
I wonder if all the Banks had their own edition of the manual, widely distributed to each of the debt (alleged) collecting miscreants. Where there is smoke, there is fire.
Wells Fargo got 1.3 million WaMu it was servicing on Sept 25, 2008 when WaMu was declared a “failed bank”. So how do you foreclose on all these blank endorsed Notes when WaMu last signed the document and there was no sale of the loans? It called forgeries, and just normal default rates before the crisis was 2%, so using that 2% would give you in 2009-2010 around 52,000 forgeries in all the FHA & VA Ginnie Mae pooled loans!
On average $100,000 loan balance the Federal Government purchase these properties a the foreclosure sale = $5.2 billion plus the 10% average FHA & VA insurance claim = $520 million = $5.72 billion x 3 for treble damage = $17.16 billion owed the Federal Government!
Everyone please say a prayer for me that the Maryland Court of Specials Appeals will get it. We have claimed the same thing for over four years – fakes and forgeries, different versions of allonges – you name it. Everyone here knows what I am talking about. The attorneys involved have already been sanctioned in the State of Maryland doing the same shit. The lower courts in Baltimore County did not want to hear it which is how we wound up in BK court with a nightmare decision that we have spent our entire retirement on trying to get reversed.