Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Thursday, March 4, 2010

WELLS FARGO VICTIMS HELP EACH OTHER FIGHT
AND WIN
AGAINST FRAUDUALANT WELLS FARGO BANK
ONE BITTERSWEET VICTORY AT A TIME




By Kelly L. Hansen

WELLS FARGO VICTIMS NOW VICTORIOUS
HAVE A SINGLE GOAL IN MIND...
TO SEE EVERY OTHER VICTIM OF BIG BANK GREED
REALIZE AMERICAN DREAMS DO STILL COME TRUE.


February 23 at 7:32pm

DO UNTO OTHER'S...
WELLS FARGO'S BAD DEEDS ARE GOING TO BITE THEM IN THE BUTT
Property law can different widely in each state. Wells Fargo Bank is subject to class action penalties in all states where they have not followed land conveyance statutes for recording, attaching, and perfecting a lien on the title of any parcel of real property upon which they have foreclosed.

First, when you received your Petition to Foreclose, did the Plaintiff's name match the name on your copy or the original Note provided to you after the final page of the Petition? ONLY THE OWNER OF THE NOTE CAN BRING A FORECLOSURE ACTION. Not a servicer. Not an assignee. Not anyone who has "stepped into the shoes of the first note holder." When an original Note is purchased the OWNER MUST register with the Register of Deeds Office in the County where the property is located.

If your original Note is purchased by another bank or mortgage company, if they fail to file a Satisfaction of Mortgage and you have asked them to do so in writing, they are subject to money damages in most states (amounts vary according to state) if they do not comply with your request within 20 days.

If Wells Fargo Bank never filed a lien against your Note with your County Register of Deeds Office they have not fulfilled their requirement to file, secure, attach, and perfect a lien against your property AND THEY DO NOT HAVE ANY LEGAL INTEREST IN YOUR REAL PROPERTY.

IF YOU ARE THREATENED WITH A FORECLOSURE: It is worthwhile to pay to have a title search done on your property. A licensed and bonded title expert will search your title for mistakes that will stop the Plaintiff's foreclosure in it's tracks. All assignments must be witnessed, signed, notarized, dated the same date, some states require a corporate seal, etc. It really is a detailed process. Mistakes are made everywhere. They are just waiting to be discovered in your Title ... they will stop WELLS FARGO BANK!



An Update From A Previous Rhode Island Victim!
I had a title search done and it was interesting to see what was found on it. RI General Laws state that in order for an assignment here to be legal, it has to be dually noted. On my assignment, there is a signature with a date of 10/31/06 and it was notarized on 11/08/06. It is Null and Void! Now I need to go into the courthouse and request a Declaratory Judgment but first, I am filing a Lis Pendens.

Kelly L. Hansen,esq (expect success quickly!)
ON FIRE Vigilante!
Changing WFHM Victims to VICTORIES!
33605 W. 88th Street
De Soto, KS 66018
913-220-1284 Phone
913-273-1448 Fax
ctsmyhon@yahoo.com
http://wfhmcaught.blogspot.com/




"When injustice becomes law, resistance becomes duty"
-Thomas Jefferson

Saturday, December 19, 2009

Jury gives woman $1.25M in lawsuit over mortgage

Baltimore Business Journal - by Eli Segall Staff

A Baltimore native who defaulted on a subprime loan has been awarded $1.25 million in damages from her lender, Wells Fargo Bank N.A. The case may lead to similar lawsuits nationwide, and also may help Baltimore City's suit against the bank, claiming it targeted minority neighborhoods with subprime loans, legal and banking experts say.

Kimberly L. Thomas was awarded $250,000 in damages and $1 million in punitive damages in Montgomery County Circuit Court July 31. A six-member jury convicted Wells Fargo of fraud, negligence and other charges for inflating Thomas' income and assets on her mortgage application, and locking her into a bigger loan than she had applied for -- one she couldn't afford.

Thomas, 41, said in an interview with the Baltimore Business Journal that her case "destroys the myth" that the subprime mortgage meltdown is fueled by homebuyers taking loans they can't handle.

"They make it seem like it's the person's fault," Thomas said from her Silver Spring townhouse. "But they don't know what's going on behind the scenes."

Brian Maul, her attorney, said Thomas' loan agent pushed through a bigger mortgage to reap a higher commission. Teri Schrettenbrunner, a Wells Fargo spokeswoman, said the bank followed "responsible lending practices" and will appeal the verdict.

Thomas' lawsuit, filed in February 2007, may impact Baltimore City's case; the city alleges that Wells Fargo targeted Baltimore's minority neighborhoods with "unfair, deceptive and discriminatory lending," thus helping fuel a foreclosure crisis. The suit, filed in January in U.S. District Court of Maryland, has not gone to court yet.

Suzanne Sangree, chief solicitor in the city's Department of Law, said the case may not set a legal precedent because it was decided by a jury, without a judge-issued opinion. But the verdict would help nonetheless, as it "supports the allegations of our complaint," she said.

"The fact that a jury looked hard at the loan documents and said Wells Fargo was negligent, that's essentially what we're saying in Baltimore City as well," Sangree said.

Thomas' case dates back to June 2006. At the time she was considering separating from her husband, so Thomas, a mother of two, decided to leave Silver Spring and buy a $505,000 house in Burtonsville. Her sister referred her to a Wells Fargo Home Mortgage office in Westminster, where Thomas applied for a $535,000 loan, with a 7.13 percent interest rate.

Roughly two to three weeks later, her loan agent submitted the application with a string of incorrect information, according to court documents. This included the Social Security number of Thomas' sister, who had a higher credit rating; a monthly income of $14,000, which was nearly double Thomas' actual income; and assets that included $30,000 cash at Constellation Federal Credit Union. According to the suit, Thomas never claimed to have this much money socked away, at Constellation or elsewhere.

Thomas soon learned that her loan was at 10.625 percent interest, with a monthly payment of roughly $4,600, well above the $3,000 she was expecting. She signed the contract anyway, at the urging of her attorney at the time, figuring it was an honest mistake and Wells Fargo would correct it.

But over the next few days, Thomas said, the bank urged her to refinance with another lender. Thomas then realized she couldn't back out of the deal, and within a week of closing on the loan, she put the house back on the market.

She also decided to sue; among other problems, her credit rating was getting clobbered by missed mortgage payments. She feared this would harm her job as a government contractor and impede future big-ticket purchases.

Eight law firms rejected Thomas. She said they worried she didn't have enough money to take on the bank, before Gordon & Simmons LLC, of Frederick, took the case.

"Everybody knows somebody who's been messed over by them," Thomas said of the San Francisco bank. "But you don't see results. You don't actually see people who say that they won."