False Statements
AMERICA’S SERVICING COMPANY
LENDER PROCESSING SERVICES
WELLS FARGO BANK, N.A.
Action Date: October 7, 2010
Location: Palm Beach County, FL
WHY WELLS FARGO MUST BE ORDERED TO STOP ITS FORECLOSURES. While other banks have acknowledged some problems and halted some foreclosures, Wells Fargo has issued self-serving statements and forged ahead.
Why should Wells Fargo be ordered to stop its foreclosures? First, Wells Fargo’s foreclosure mill, America’s Servicing Company, and its robo-signers John Herman Kennerty, China Brown, Heather Carrico, Natasha Clark and others signed thousands of documents each month with no knowledge of the truth of the matters set forth for the courts in those documents. The sheer volume of the documents signed by Kennerty should be enough to convince any court that Kennerty had no knowledge of the facts.
A court in Brooklyn found a case where Kennerty’s signature was notarized, but actually did not appear on the document. The notary was mindlessly signing a stack of documents.
Which law firms are submitting the Affidavits in Florida for Wells Fargo? Florida Default Law Group and the Law Offices of David Stern, two of the law firms under investigation by the Florida Attorney General. Second, Wells Fargo used Docx in Alpharetta, Georgia to produce mortgage assignments used in thousands of Wells Fargo foreclosures. Many different employees signed the name “Linda Green” on these documents. (For three examples of mortgage assignments used by Wells Fargo, click on the “Pleadings” section of this website – no sign-on is necessary.)
Despite the statements of Lender Processing Services to the contrary, Docx “Linda Green” Affidavits – with many versions of the Linda Green signature – continued to appear in Wells Fargo cases well into 2009. Examples are also in the Pleadings Section. The Perry Affidavit was signed July 10, 2008, but notarized January 15, 2009. The Carrerra Affidavit was signed in January 2008, but notarized in January, 2009. On these few examples, Linda Green is identified as the Vice President of Wells Fargo bank, the Vice President of Sand Canyon Mortgage and the Vice President of American Home Mortgage Servicing. Most are notarized by the same notary, Brittany Snow, who says she has personal knowledge that Linda Green is Vice President of these many entities.
In the first quarter of 2010, Wells Fargo filed 1,117 foreclosure actions in Palm Beach County. In the second quarter, Wells Fargo filed 920 foreclosures in Palm Beach County. In the third quarter, Wells Fargo filed 847 foreclosures. In the vast majority of these foreclosures, Wells Fargo is acting as a trustee for a mortgage-backed securitized trust that cannot even prove that it acquired the mortgages without relying on the Linda Green and John Kennerty documents.
This is not the time to stonewall. THE FDIC AND OCC, THE SECRETARY OF THE TREASURY AND THE SECRETARY OF HOUSING NEED TO STOP THE WELLS FARGO FORECLOSURES.
I don’t understand why it isn’t being exposed that Wells Fargo is master servicer/trustee of trillions of loan securitized in these trusts and the decider of loan mods. In the trusts there are provisions for loan mods and borrower work outs.
They are the biggest culprits.
They also will reject a loan mod on a 1st when 2nd trust lender, who’s loan they service, will tank due to this.
I know of situation where a borrower wants to salvage the 2nd, so needs a loan mod on the 1st and they said, “don’t care”.
I hope this gets out so the investors who are losing their shirts on these 2nd’s are they are sold for pennies on the dollar – especially given WF can modify the loan on the 1st, regardless who the sub servicer is.
wonder if wells fargo committed this type of fraud in the past say summer/fall of 2003 for example…anyway that could be tracked?
And by the way, I thought securitized mortgages held in a trust were owned by thousands of investors … that they were no longer owned by the lender, and that the ownership of any one mortgage has been sliced and diced so many times that it would be impossible to prove who the actual owners were?
Letter to Wells Fargo Chris Hammon,
Dear Mr. Chris Hammond,
In recent Wells Fargo’s press release, it declared that “We are working hard to do all that is possible to keep homeowners in their homes,”
That’s a lie. I can say for a fact that Wells Fargo made mortgage loan and foreclosed my home based on hugely inflated and fraudulent appraisal.
Wells Fargo and its army of attorneys knew it is Category C felony to make mortgage loan and foreclose home based on fraudulent appraisal. However they chose to defraud us by foreclosing our home.
For almost a year, we pleaded with Wells Fargo to carry out its promises to us to rescind the loan contract and help us to recovery our finanical losses. Wells Fargo bluntly refused and challenged us to sue it for justice.
Wells Fargo committed prosecutable crime against us. We lost our home. Something is wrong with this picture.
1. it is illegal for Wells Fargo to make mortgage loan to us based on hugely inflated appraisal.
Fact: – Wells Fargo’s fraudulent appraisal valued our home at $718,000
– Wells Fargo’s own review appraisal valued our home at $475,000
– Nevada Attorney General’s office suspended the appraiser’s license for committing appraisal fraud on our home.
– Nevada Appraiser Licensing Board mandated the appraiser to complete appraisal fraud course before regaining his real estate appraiser license.
– Nevada Revised Statue NRS 205.372 states that it’s category C felony to make mortgage loans based on fraudulent appraisal.
– Cases of Attorney General’s indictments against attorneys, loan brokers for teaming up make fraudulent loans to defraud homeowners.
2. it is illegal for Wells Fargo to wrongfully foreclose our home based on fraudulent appraisal and mortgage loan.
You can find all the facts on our website. http://www.wellsfargomortgagefraud.com.
The only reason the servicers pretend to be lenders and foreclose is to steal from investors, borrowers and guarantors through a “Credit Bid” at foreclosure auctions then turning around and selling the property for market value and pocketing the difference.
Meanwhile the coordinated foreclosures by all banks as servicers means they will not demand repurchase of the bad loans from each other, thus instead of losing the difference between sheriff’s sale net of fees and the loan plus interests they guarantee all gaining from this conspiracy.
No one has understood why they Servicer would commit fraud and foreclose rather than demanding repurchase (putback). I just gave you the main reason.
Most people who thinks banks must foreclose not to lose money to bad borrowers simply do not understand the MBS scams.
Also why wouldn’t a fraudster like Wells Fargo lie and claim that they are “following their own procedure” to confuse the stupid reporters to think that “Wells Fargo is following the law”?
They are already committing thousands of frauds on borrowers, investors and guarantors each week in the courts in front of judges whom they have put on the bench, a lie to reporter is simply to nothing to continue stealing uninterrupted!
They own the courts and most of the government. Wells Fargo continues to believe they can get away with this one too. After all no one in the past 20 years, since they started at a little bank called “Norwest Bank of Minnesota” has been able to stop them.
so let me get this wells Fargo employees have admitted they have committed fraud but wells Fargo is still aloud to foreclose. and these judges passing summary judgment do not read these posts on their day off. you’ve got to be real what do they do hide …..this is crazy i also have a home in a county of Florida that the price was to high for , i say the area it was built in to sustain, what i mean is we can not find jobs in our county. mu husband has to drive 108 rt miles to Tampa and i drive. 150 miles. i have incredible bad case of ADD and cant do the trip i try twice a week. but its not enough money to pay all our bills. its sad i found appraisal fraud wells fargo never looked at it. a straw buyer… these people need to stop this. and give us our houses. we already lost half the equity.. they should all be out in jail to rot. we are under so much stress
OH everyone reading this. wells fargo is lying on the REST report. please purchase one if you are denied a home modification. not sure about the legitimacy of it because they are charging 895.00, but i guess they said if you present it at foreclosure court and well fargo lied and changed the numbers on theirs that the judge does not give them the foreclosure they are by law bound to the modification. also never send another document to wellsfargo by fax. Return receipt requested. we need to play their game. i wish i would have known. when they lie and say they lost your paper work you can show the judge all the return receipt requests, they have a signature on them YES
Report WFHM Fraud:Illegal Foreclosure and Sole My Home.
12-20-10
FROM: LIMING MA ,
FEMALE,DOB 10-27-1955
WFHM Loan#:0018158402
2409 Oceanview Ter San Pedro Ca 90731
310.977.0859 c
424.224.7177F
lilyma998877@yahoo.com
1, Illegal sale I was still paying.
These few days, I study all the documents provided by WFHM ‘s attorney-cal-Western and the bankruptcy court documents prepared by attorney Harris Cohen for Strategic Acquisitions. Inc. in bankruptcy Court LA on 12-7-10 . I am confirmed that WFHM accidentally (one department did not know or care what the other department is doing.) or purposely (WFHM knew I was under divorce stress and deep depression from my “Hardship Letter ” to the Loss Mitigation Department) sold my home although I was still paying ($3083 on 6-28-10), receiving payment plans from WFHM on 7-15-10,7-20 -10 and 7-25-10, faxing required documents on 7-21-10,7-25-10, 7-27-10 , updated my new phone # on 8-7-10,phone calls many times from June and August with WFHM. On 8-14-10 when I found out Cal –Western sold my home on 8-12-10 on a trustee sale, I got very mad, and I said I would suit WFHM for this. WFHM was afraid and fraudulent a bankruptcy document and grant Deed with the name of Michael Mathis (Who is he?) notarized by Mathew Kovar, put into my file to stop the sale on 8-20-10 and WFHM reinstated my loan on 9-29-10.
2. Illegal sale without noticing me
I examined all legal documents prepaired to foreclosure my home were out date.these are the document every homeowner who are under their programs have .I asked one of those WFHM operator what should I do with these foreclosure document over the phone, she said, “Don’t worry, you are on our program.”The Notice of Default” was on 12-17-10.The “Notice of trustee Sale “was dated on 3-18-10 while I was on affordable plan. I mail $3,083 with over night deliver on dead line of 6-28-10 requested by WFHM for a new program. How could I know they were going to sell my home in 44 days?
Unfortunately , the buyer of my home found bankruptcy document and the Grant Deed were fraud and sued Michael Mantis to Bankruptcy court LA on 12-7-10.Mathis did not show up in the court, but I did. But the Judge did not ask the facts involve in this case and granted my home to an investor.
John Kennerty is a lier.He signed California declaration that he mailed me notification to sell my home which I never receive.Wells Fargo Cal western together with peter bear ,Richard Furr ,Matthew Kovar stole my home.with help of Judge Vicent Zurzolo, made it legal.
What shell I do at this point.Can you refer me a attorney?
By Liming Ma
Liming:
Contact the National Association of Foreclosure Defense Advocates at consultant@NAFDANow.org or call 877-513-7005. They will ask for your documents and let you know if they can help.
The reason the origial promasary note cannot be fount is tht when the loans were bundeled and securitized they were sold to wall st as a stock, sec rules say you cannot have a stock and a promisary note exist at the same time. The bank got paid for the home from the stock sale and didnt credit your account. They are now a serviser with no standing to for close. The stock market wrote of the bad debt as a lose, it cannot double dip according to the irs laws. They are forclosing on contracts that are nule and void
People need to flood this Congressional Oversight Committee with complaints as they are asking for real life situations in these bogus foreclosures. Go here and state your case so they can investigate.
https://forms.house.gov/oversight_majority/webforms/financial_tipline.html
My my my my my. I was given a Wells Fargo IN HOUSE modification. They refuse to record it on land records. I already paid for a title search/bring down on my home. After the mortgage deed being recorded there was no further recordings. Any change in terms of mortgage, hence loan modification, including interest rate must be recorded on land records
I found that my Note has been securitorized (Citigroup Mortgage Loan Trust, Series 3) and read the Pooling and Servicing Agreement. In that document it states that no assignments, transfers, ect are to be recorded. Wells Fargo placed their name on the Loan Modification, as Lender. I believe this is a fruadulent assignment and have sent Qualified Written Requests in accord with Section 6 RESPA, for an explanation of why their name appears as Lender and not the Trust my refinance is included in. I mentioned the words “fraudulent assignment” so its no wonder why Wells Fargo has not provided me the explanation I sought.
Cudos Wells Fargo, nice try. Remember, people have internet service and some of us do not constantly sit visiting social networking sites and/or chatrooms.
I can’t wait for my day in court. I have so much evidence to show, including evidence of the person who signed my papers as VP of the company that appears as Lender of my loan documents but the person signing was never VP of the company, he was simply VP of the d/b/a as Mortgage Broker. To make matters even more interesting, the company appearing as lender on my loan documents, submitted application to do mortgage broker & “Lender” in my state 2 months after I closed my refinance loan. On some Mortgage Documents they appear as Mortgage Banker……so totally different from Mortgage Broker or Lender. In their home state of Florida, they are registered as Mortgage Broker and Correspondence Mortgage Lender. They sure pulled a fast one here in my state. I did mention this to WELLS FARGO, in writing, bet you can guess what happened…….yup NO REPLY. They wont answer to the sins of those who preceeded them as .. yeah right…….Lenders.
MERS as nominee should tip you all off that your mortgage has been securitorized.
Bring it own you fools at Wells Fargo, I’m ready!
three months behind. Just got new job should be able to catch up just need some time. Working with WF to see if I qualify for Loan Mod. Should I trust what they tell me, or Should I consider selling? Have four years left on loan and lots of equity. Anybody Know?
Hi we have a load with Wells Fargo, and they have just turned it over to the attorney to start Foreclosure proceedings. We asked them to work with us, and that all we was waiting on was our tax money to come in so that we could catch up what we was behind, we said we should get our money in the next two weeks, we called them and sent them a note, and they still decided to turn us over for foreclosure even after they said it would be no problem. I’m so mad right now, and stressed and I have a lot of medical problems that I shouldn’t have stress on me right now. But my question is this can anyone tell me how I can stop this when I will be able to get it caught up in two weeks, but yet they sent me a letter today, stating that I have to pay the whole amount of the loan, not just what I’m currently behind. Please help, feeling hopeless in Georgia, Thanks!!