Why are we not surprised?

Wells Fargo Bank, N.A. has agreed to pay the United States $2.09-billion for purposefully misrepresenting the quality of loans it sold to 118 individual REMIC trusts.

See the Settlement Agreement here: Wells Fargo RMBS Settlement Agreement (August 1, 2018)

We caution you that when checking into your particular REMIC, if in fact one of these named entities shows up in your chain of title, to have any related assignments reviewed by competent counsel (we have one if you don’t) who can testify as to the false and misleading statements contained within said assignment in court, should you be facing foreclosure.  Any bank attorney making oral misrepresentations and false statements in court regarding any one of the named REMIC’s (given the fact we don’t yet know if the actual investors are being reimbursed out of these settlement funds and to what extent) risks disciplinary action before their particular state bar.

As with the Bank of America Settlement Agreement, where 530+ REMICs were involved, put back has to be verified.  If investors received settlement money in exchange for dropping their claims, then WHO is attempting foreclosure in their name?   How were investors harmed if they settled?  This goes back to our intimation that the mortgage loan servicers are the actual parties foreclosing behind the scenes and that they should be taken to task for their misrepresentations, especially if assignments to REMICs are involved and MERS is involved.

Again, despite the intense discovery that would have to take place in order to prove such, limited discovery into the documents to demonstrate falsity or misrepresentation is a statutory offense in all 50 states.  Many states even offer civil conspiracy causes of action involving the creation of the assignments, including title companies and law firms whose names appear on the documents!  I don’t make these statements lightly.  However, given the nature of the last two workshops we conducted, you can bet the law firms for the banks should take a second look at what they’re pontificating in court, because things are about to get dicey!

For an explanation of the foregoing, please tune into City Spotlight-Special Edition on kdwradio.com this Friday night at 6:00 p.m. EDT to hear Dave Krieger and R.J. Malloy cover this scenario.  Click LISTEN NOW and wait for the program to start.  You might be either pleasantly surprised at what you hear … or in the alternative … totally shocked!



Filed under BREAKING NEWS, OP-ED, Securitization Issues


  1. Reblogged this on California freelance paralegal and commented:
    This is good news although the government should have asked for a more substantial penalty such as $10 billion or more. The amount of $2.09 billion seems enormous to the average person but compared to the profits that Wells Fargo makes it is very small.


  2. Larry D. Pifer

    So when will B of A have to pay?


  3. midnightbullcat

    Hi, this is Catherine. We haven’t spoke in a long time but I always read your posts. Do you have a lawyer/law firm To file a federal lawsuit similar to sunquistv. Bank of America? I have all the evidence. They could not sell my property at a private cash only auction because of the forged notary document. They transferred my title in a fictitious KATHERINE not my legal name. And city bank, not sure why. I had amtrust and then HSBC. I tried to refinance from 6.25 to 3.50 way back in 2013. Both banks third federal and Quicken loans said i had to get the title cleared first. Even with my good credit, no . CATHERINE 

    Sent from my MetroPCS 4G LTE Android Device


  4. Jeff

    Computer glitch my ass! Fine paid to Federal regulators and not victims of course.


  5. Michael

    This is all blah blah blah because the law doesn’t matter in American courts. Were already communist Russia


    • So, we should all just give up and let the government’s courts run all over us? This is why we came up with Beyond End Game Strategies! Everyone, no matter who they are, is accountable to someone, even judges! Research, research, research! The system already has the “tools”. We just haven’t learned what they are yet (at least some of us know) but eventually, we’ll figure it out.


  6. Mimi

    So what can you do if one of these named trusts is in your paperwork and already foreclosed on you, but there is no assignment on record? For example NHEL 2006- WF1. when you look at the FWP and discover your loan is not as they presented to investors? Can you only do something if you have not been foreclosed on by these entities?


    • Depending on the length of time, you can file an action to reverse the foreclosure. Many attorneys refer to this event as a “wrongful foreclosure”. Most states ignore this kind of suit if the home hasn’t officially been foreclosed on. Each state has specific statute of limitations on the amount of time you have to file a wrongful foreclosure action. Some states, you have to exhaust appeals (administrative processes) before you can file an original petition. All of this depends on court rules and Rules of Civil Procedure.

      Technically you have no claim to anything involving the investors. Your attack would be on the servicer doing the foreclosure and the lack of assignment thereof because no one recorded one giving the REMIC standing to foreclose. It’s always the servicer’s employees doing the dirty work, yet you have no contract with them.


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