Tag Archives: vendibility

WELLS FARGO HIT WITH PROPOSED CLASS ACTION IN FLORIDA … UPDATE!

(BREAKING NEWS – OP-ED) — The information provided here is just coming in off the wires (Law360.com hat tip).  This information is provided for educational purposes only and does not constitute the rendering of legal advice. 

UPDATE … Here are the federal complaints and exhibits (hat tip to Dr. Klaus)!:

1-main

1-1

1-2

1-3

1-4

1-5

Wells Fargo Bank NA has done it again!  A Florida couple has filed a proposed class action lawsuit against the lender, claiming (on behalf of all other interested parties) that the bank altered their second mortgage loan, thus screwing up their chain of title, accusing the bank of impairing their property’s vendibility. Philip and Ingrid Tippett filed the action yesterday in the Middle District of Florida (Case No. 5:20-cv-00342) through their law firm of Kozyak Tropin.  The first judge assigned to the case (Moody) filed an Order of Recusal in the matter and the case was reassigned to Hon. Brian J. Davis, an Obama appointee in the Jacksonville Division.

The complaint alleges that Wells Fargo Bank issued thousands of second mortgage loans (HELOCs) and after discovering that it had made a critical error in failing to set the second mortgages to terminate after the final maturity date, the bank went in and fraudulently altered the maturity dates on the loans without informing its customers in order to avoid having all those loans left unsecured because of the errors committed in the original loans.  This author can only imagine what Wells Fargo is going to file as a response and how it’s going to answer discovery.

Here’s the thing … the customers signed a second mortgage loan contract with Wells Fargo Bank NA and could have ended up with an unsecured loan because of the screw-up made (not by the borrowers) by the bank.  The bigger issue is … if it’s found that Wells actually altered the documents AFTER they were signed, a judge could decide to void all of the loans, as the customers agreed to one thing and Wells Fargo went in and allegedly altered the documents to say quite another thing.

We’re talking thousands of second mortgage (HELOC, Home Equity Line of Credit) loans here!   Mind you, the ink is still fresh on this filing and Wells Fargo has not answered the complaint yet.

It should be noted here that altering public documents and/or recording false and misrepresentative statements into the public record in Florida is punishable as a third-degree felony in Florida under Florida Criminal Code § 817.535.  Please contact the author of this post at cloudedtitles@gmail.com if upon checking your second mortgage HELOC loan (doesn’t matter which State you are in) you have discovered alterations in your second mortgage recorded documents from what you were given at closing.  The author would be interested in examining your documents and you could possibly be considered as a part of the class action if you fit into the parameters of the class. Since we now have the complaint with the exhibits, the author suggests using the exhibits as a comparison as to what you might see in your own documents.

This mega-bank just can’t seem to keep itself on the straight and narrow despite the rash of allegations brought against it by whistleblowers, accusing the bank of ordering its customer service agents to open fraudulent checking and savings accounts, which opened up a whole Pandora’s Box of issues that ended up being aired in front of Congressional committees. The author wonders about whose “heads are going to roll” for this mess, who’s going to take the real responsibility for ordering the alterations, who’s going to get criminally prosecuted for altering land records and how the bank is going to explain this boner to its stockholders.

Leave a comment

Filed under BREAKING NEWS, OP-ED

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 2) …

(OP-ED) — The author of this post challenges you to seriously think about this process, because it is virtually available to everyone in the United States who has ever had their mortgage loan securitized … even if Fannie Mae and Freddie Mac (the “aunt” and “uncle” the U.S. Government doesn’t like to talk about) are involved … 

Scenario … “The Punch Line”

In part 1 of this blog post, we talked about how homeowners were duped by table-funded mortgage brokers and DBA’s (fictitious entities) who claimed they were New York corporations when in fact, they were “storefronts” for the major lenders who made the “storefronts” the actual borrowers in your loan transactions, potentially rehypothecating those loans over and over again using your personal identifying information to sell pieces of your loans into bundles of pools of loans on Wall Street.

Party A runs “the smoke screen”.

Party B fronts the “investor funds” using non-compliant prospectuses that were signed under Sarbanes-Oxley that don’t matter to them anyway.

Party C plays completely outside of the MERS® System and really has nothing to do but sit back and collect residual income being a go-between prior to your loan allegedly going into a REMIC that’s been empty all along.

Party D plays the Trustee for the REMIC … and just sits back and collects his fees from what the servicer gets and turns a blind eye to your loan default.

Party E (empty promises) is the servicer who is robbing Peter to pay Paul’s debts and this is why entities like Ocwen have to go out and securitize $600-million in new paper just to fund Advances to keep paying the certificate holders of these REMICs so we don’t have another crash (like 2008).

Party F (meaning the ones who actually get f**ked) are the investors that actually bought into this crap.  They have so much money they don’t know what to do with it.  I sometimes don’t feel bad about them getting raped.  They deserve it.

So why is it that when we’re in court the judge ignores your comeback when you attack an assignment of mortgage or deed of trust for containing false and misrepresentative information?   The judge is waiting for the bank’s attorney to allege that you’re not a third-party beneficiary and that you can’t attack the assignment.  Aaahhhh …. but that’s the bigger lie!

You see … the title documents in the land records represent your chain of title.  If your chain of title is jacked up, you couldn’t sell your property if you wanted to in order to mitigate the lender’s losses, even if the lender could prove they’re entitled to the proceeds of the sale of your home.  This has been the bigger problem with challenging foreclosures, because the banks (via a vis their servicers) use the chain of title (through the MERS® System) to lie their way through the courts and the judges play along with it because … well … “we can’t hurt the banks”.

If a chain of title is unmarketable, what reasonable buyer would want to purchase it?

If a chain of title is unmarketable, it violates every state’s law that guarantees marketability of title!

If a chain of title is unmarketable, it’s because it’s vendibility is impaired (you can’t sell it).  No one wants to buy someone else’s problems … especially if the title is slandered (Hello?  …  Can you say “damages’?)

If the chain of title is unmarketable because it’s title is screwed up … title companies won’t insure it.

If it’s uninsurable, no one is going to sell it.  How could they?   If title companies do insure these properties, they’ll exclude coverage for the applicable errors!  You won’t get a dime on a title claim, while the title companies make off with your premium payment at closing!

If you’re in states where only the lien interest is sold (like in California), the banks get to kick the can down the road, and investors are stuck with nothing but screwed-up chains of title and they can’t do anything but rent the properties out because there’s no way to quiet the title without exposing the truth … and no one can afford to expose the truth because American Jurisprudence is tainted.

The reason I bring it up?

The Assignment has your name and your property’s references within it. 

Every state has a set of statutes that allow consumers to challenge the assignments, releases, and any other document in their chain of title that is “suspect” for false and misrepresentative information.   If you let the bank’s attorney get away with stating that you’re not a third-party beneficiary, then you have to ask yourself …

WHAT THE HELL DOES THAT HAVE TO DO WITH THE BOGUS INFORMATION IN THE LAND RECORDS?

This is why statutes were formulated to combat erroneous (many times deliberate) behavior in the creation of these phony assignments and releases.  The problem is … 99% of the attorneys don’t like doing declaratory judgment actions … half the time because they don’t know how!   This is why Al West and I did a deep dive into the assignments and Al West came up with the notion that cancelling and expunging the phony document would force the court to have to quiet the title. If you’re attacking the property’s title because it violates statute, how then could the lender foreclose?

You can’t break one law to enforce another law! 

This is why Appendix 11 of The C&E on Steroids! has all of those statutes in it!  If the document affects your chain of title, you have an “in” to attack it through declaratory relief.  All American homeowners are entitled to have a property that has marketable title and this is why these remedies were created.  American property owners need to wake up and realize what they’re up against here, because it’s not really that expensive a proposition to attack these assignments.  There’s always quiet title too … which is why we included that in the latest book, which includes an 8-DVD training video kit!

You want your attorney to know the truth?  Share this information with him (or her).  If attorneys knew the simplicity of doing a declaratory relief action, they’d have a whole new way to make a living without stressing themselves out over it. Did you hear that lawyers?   That’s why Al West (who is an attorney that uses the C&E  a lot in his practice) has graciously supplied a ton of exhibits for you to look at and glean from … it’s the best educational tool of the decade.

If there are over 500-million phony assignments and other bogus documents in the land records, why aren’t we doing something about it?

Frankly, if you can understand that when the crash hit and everyone found themselves upside down in their mortgage loans, 95% of them cut and ran … that’s why.  Someone has to carry the ball and pay it forward.  This may be your calling.

I assisted a Florida attorney in doing a C&E in a Release of Mortgage, which convoluted the title even further, designed to create a statutory violation while challenging the lender (3 cans down the road) to prove how the first lender paid off the original loan with refi money.  That too is in the book (pleadings and all)!

 

The training kit is here in limited supply.  I have 33 kits left in stock.  I do not know when we’ll reorder.  If you want to fight the good fight, then force the courts to make your property marketable again.  Until the courts deal with these title issues, you the homeowner are just helping the banks “kick the can down the road” … soon, we’ll end up as a nation of renters for sure, because only investors will own all the homes (at least that’s what they think).  They get stuck with the crappy titles and you get stuck being a renter!

Is that really what you want?

… AND HERE’S AN ADDED BONUS!

The folks who order this DVD training kit will get the new Robert Janes compilation of SHELLGAME MERS, the 2009 RULES and his latest white paper on defeating California foreclosures!  Included absolutely FREE!   

PLUS … I’ll throw in a copy of THE FDCPA, DEBT COLLECTION AND FORECLOSURES work as well … for use in fighting unscrupulous debt collectors.

That’s an extra $80 worth of useful tools to add to your arsenal

This offer will expire June 30, 2019 … so get your C&E training kit NOW!  

CLICK HERE TO ORDER!

Leave a comment

Filed under OP-ED