It’s nice to hear about a battle of consumer vs. bank that ends with a consumer victory. Better still when it means that the consumer gets to stay in their home, which they were in danger of losing to foreclosure. That’s the heartwarming story of one California couple who fought back in court.
They spoke to a local TV station with the mission of letting other California homeowners know that they too have a weapon against wrongful foreclosure. Anyone can sue. They didn’t name their bank on the air, but did explain how after the confusion of the housing bubble and packaging of mortgage-backed securities, sometimes it isn’t immediately clear who owns the mortgage on a given house. It’s possible that the entity foreclosing on a house has no right to do so.
“This is of course something the banks want no one to know about,” their attorney explained to the TV station, “because otherwise you would have everyone running to the court trying to file a claim.”
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact me: ctsmyhon@yahoo.com
WELLS FARGO CAN NOT MODIFY MORTGAGE LOANS
WELLS FARGO IS A MORTGAGE LOAN SERVICER
YOUR MORTGAGE LOAN IS OWNED BY INVESTORS AND
WELLS FARGO MUST FOLLOW THE INVESTOR'S RULES
THE INVESTOR IS A MORTGAGE BACKED SECURITIES TRUST
Lately we've been absolutely flooded with e-mails, letters, and phone calls from homeowners desperate for help! Wells Fargo has been holding out for months on the loan modifications they've promised.
May I tell you why?
Because Wells Fargo can't modify mortgage loans. If you think this just can't be true, ask Wells who owns your mortgage loan. They will tell you an investor. Over 90% of all mortgage loans owned by Wells Fargo are owned by a mortgage backed securities trust. And the guidelines of this trust do not allow any modifications to be made to the loan.
If you push and push and push and write the Federal Trade Commission, the President of Wells Fargo, the Office of the Comptroller, the President of the United States, and the FDIC, you will eventually receive a letter explaining all of the above. And, as a result, Wells Fargo will finally stop making you jump through hoops milking you for every dollar you are worth and tell you "WFHM is regrettably unable to honor your request for a loan modification."
Because they do not own your loan.
NOW, HOW WOULD YOU LIKE SOME GOOD NEWS?
FORECLOSE? WELLS FARGO CAN'T LEGALLY DO THAT EITHER!
(but you must know the laws.)
Stop Believing Wells Fargo.
ONLY THE OWNER, IN POSSESSION OF, YOUR ORIGINAL PROMISSORY NOTE, ---- THE HOLDER OF YOUR ORIGINAL NOTE WITH ORIGINAL SIGNATURES, NOT A COPY, THE ABSOLUTE ORIGINAL YOU SIGNED WHEN YOU FIRST SIGNED YOUR FIRST MORTGAGE WHEN IT WAS ORIGINATED THE FIRST YEAR ---- WILL BE RECOGNIZED BY THE COURT AS THE THE TRUE PARTY OF INTEREST IN A FORECLOSURE ACTION.
NO ORIGINAL NOTE, NO STANDING.
THE CUSTODIAN OF THE RECORDS OF THE LENDER HOLDS THE NOTES
IMPORTANT: If you go to any business of any kind and purchase a mortgage loan, and within a few days or months or years the loan is assigned to a different entity, and then serviced by that entity, your is a SECURITIZED loan. Over 90% of allexisting mortgage loans have been securitized, sold into the secondary market, the securities market, sold and trade on Wall Street like any other investment. These investments are referred to in general as "mortgage backed assets."
It is not legally possible to rejoin the note and mortgage by subsequent assignment of the mortgage to the plaintiff. Once the mortgage was held by a separate entity than the note, the mortgage was no longer of any legal effect and should have been immediately released by the entity holding the mortgage.
Most mortgage loans have been securitized into the secondary market. Subprime market. All of those loans can be challenged in a foreclosure. The loans have been bought and sold so many times into Trusts between various securities held among the major lenders, with the lenders failing to dually record the real property transfersas required by each states land conveyance statutes, deeming each and every transaction that took place after the moment you purchased your property invalid, by fault of the lender now holding the mortgage. Basically, they have to eat it.
IF YOUR MORTGAGE COMPANY HAS BEEN FAIR WITH YOU, THEN I ENCOURAGE YOU TO TREAT THEM FAIRLY.
HOWEVER, IF YOUR MORTGAGE COMPANY HAS HURT YOU, I ENCOURAGE YOU TO DO WHAT YOU CAN TO HAVE WHAT IS RIGHTFULLY YOURS JUST FOR THE ASKING. IT IS VERY EASY TO SUBMIT A FAX FILING TO YOUR COUNTY COURT.
IF YOU HAVE LOST YOUR HOME, OR IF YOU ARE FEARFUL YOU MAY, NOW IS THE TIME TO ASSERT YOUR RIGHTS. HOMEOWNER'S MUST SEND BIG BANKS THE MESSAGE THEY WILL NEVER AGAIN BE ALLOWED TO TAKE CONTROL OF THE AMERICAN DREAM.
MOST COURTS ENCOURAGE FAX FILINGS. IF YOU NEED HELP FINDING THE RULES IN YOUR JURISDICTION, FEEL FREE TO CONTACT US.
"When injustice becomes law, resistance becomes duty" -Thomas Jefferson
It’s nice to hear about a battle of consumer vs. bank that ends with a consumer victory. Better still when it means that the consumer gets to stay in their home, which they were in danger of losing to foreclosure. That’s the heartwarming story of one California couple who fought back in court.
WELLS FARGO MORTGAGE BACKED SECURITIES 2007-14 TRUST