Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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I am in ongoing litigation with ASC (Wells Fargo).  Two of Well's people signed  a trustee substitution and assignment based on a  "power of attorney"  for Wells Fargo on behalf of.  Both signed as "VP's" yet I have reliable information that one is a loan administrator and the other a business analyst.  Does this matter that they are not really VP's?  And why would they lie about their titles?

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     What state are you in? Is it a trustee state or a judicial state? I ask because WF has a history of foreclosing on Notes it doesn't own, of lenders
who no longer exist. WF is primarily a servicer and now that many lenders
went under without assigning the Note, WF simply forges an endorsement on
the Note making it look like they own it, when in fact they don't. Make them
prove they own the Note.

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Simonee

Hi Mike, I am in California.  Which as you know, the judges say they don't have to produce the note.  We are trying to prove the assignment is fraudlent. (Which it is, but proving it is another story).  The did the assignment 90 days after starting the foreclosure; and we believe that since NC was  and had been in BK for over a year, WF did not have a valid power of attorney.   We have asked for that in discovery and are looking at deposing the WF employees who signed the assignment and subsitution.  I just found out today that both WF signed the documents with titles of VP -- but neither are VP's.   I just thought that was weird. Why lie about thier position with WF?

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The Equitable One
Has the poa been proven, or merely claimed?
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The assignment was to of been done prior to ever starting a 4/clsre...If the judge allows this assignment its about par for the course. If you prove their fraud they'll just hide behind judicial immunity...Or recuse so they don't have to answer about allowing fraud upon the court by an officer of the court...

Good luck! Hope your able to somehow get past their corruption...90days out is obnoxious...Should have to not only prove assignment isn't valid...Where's the fing original? Tell them to have the client prove it...They own it now prove it...They'd have to prove ownership to loan against it why not to prove ownership to 4/clse?

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h gosh
Ahh heck, Top Gun, I had a judge allow an assignment 7 years out - completely rewrote the history of the note!! 
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Simonee
The POA has been "claimed" but not proven.  We have asked for a copy of it in discovery; they have responded saying it is irrelevant.  So we are filing a motion to compel;  I have heard WF doesn't have a valid POA from New Century any more but keeps on claiming they have one?  Don't know if that is true or if anyone has demostrated that in a case? 

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The Equitable One
In my neck of the woods if an instrument is assigned under a poa then the poa must be recorded along with the instrument. Right there in the statutes so it is far from irrelevant.

Go get 'em.

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Simonee

Do you know which statue in California that specifies the POA must be filed with the ADOT?

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Hmmm...dang liars

Both POA's were excuted after NOD and ADOT --- one 3 months later; the other over 2 years later.  Un freaking believable

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