The U.S. Bankruptcy Court for the Southern District of New York this morning DENIED a renewed (second) motion for relief of stay filed by Wells Fargo in the case In Re Tandala Mims, Case No. 10-14030, U.S. Bankruptcy Court for the Southern District of New York:
In its renewed motion for relief of stay, Wells Fargo has presented a different version of the alleged promissory note. Take a look and compare for yourself:
This is the remarkable case wherein Wells Fargo presented a post petition assignment purporting to assign the alleged mortgage from MERS as nominee for Lend America to Wells Fargo. Lend America is defunct. The first version of the promissory note is shown to be indorsed in favor of Washington Mutual Bank. Washington Mutual was seized by the FDIC and sold to JPMorgan Chase.
Both versions of the complete Wells Fargo motion for relief are also posted:
The Court's Memorandum and Order denying the original motion can be found here:
The U.S. Trustee is seeking discovery in this case:
NY Foreclosure Mill Steven BAUM law offices, already a subject of sanctions and under investigation by numerous authorities, is representing Wells Fargo in this matter.
The original holding in In Re Mims has already been reported elsewhere by the news media and foreclosure defense sites. I hadn't seen an update and, as many Forum regulars know, I have a strong preference for primary documents. I thought that an update to include these primary documents might be useful and instructive.
You comments and insights are solicited and appreciated!