19 July 2015

KingCast and Mortgage Movies See Wells Fargo Caught on Video with Two Bogus Allonges and No Proof of Title.



Cross-post: Piggybank blog.
First of all, some public officials and Judges absolutely hate my videos and declare that I clearly have no Constitutional Rights to make any parts of them in government offices. I reference my ongoing lawsuit (more at Piggybank blog) against Betty Lou McKenna in this video because to the North and to the South, Federal District Courts have squarely SLAMMED the Defendants and Judge Robert B. Young on that matter, so we're headed to SCOTUS, nothing they can do to stop it. Right now we're into Rule 59 and Interlocutory Appeal Motions and I have Amended my Complaint to include statutory and common law claims.  This is important because once they get rid of people like me, there are precious few mainstream or internet journos who do what I do. In fact, I can't think of one journo who has my background and who does exactly what I do on a consistent basis.

Next, there are Wells Fargo's unlawful refusals to negotiate HAMP agreements and I was involved in Mediations in Seattle where they took not one not two but now three Bad Faith certifications in the Mediation process. I worked one of them and ran video on the others. A person who wrote Neil Garfield mentioned Wigod v. Wells Fargo Bank N.A. (673 F.3d 547) but out here in the 9th circuit we can do that one better, because we have Corvello v. Wells Fargo Bank, NA, 728 F.3d 878 (9th Cir. August 8, 2013), citing Wigod, and Corvello involved a pair of plaintiffs, one written HAMP violation and one oral HAMP violation. 

Next, here is an excerpt from a letter I wrote Wells Fargo several months ago. They continue to stonewall and obfuscate as noted in the video. It's completely insane:

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Dear Ms. McCullough Messrs. Eppley and Anderson:

We haven’t heard a thing from you since we wrote you several weeks ago on the purported lost note affidavits.  As I said then and as I will say again, 

I would like to call your attention to my observation about Lost Note Affidavits here in Washington that I came to consider just after I sent my first letter of the day:

The Allens challenge reliance upon these cases as inconsistent with In re Weisband, 427 B.R. 13 (Bankr. D. Ariz. 2010). The bankruptcy court in In re Weisband indeed held that an allonge attached to a Note would not be sufficient to transfer the Note from DHMC to DLJ because an indorsement in blank must appear on the face of the note and not on an attached  [**17] page. But as the bankruptcy court noted, that holding is of no moment in this case, since here the allonge was superfluous because the Note contained an endorsement in blank on its face


……. Based on its analysis of available law, the bankruptcy court determined that the Lost Note Affidavit, with the endorsement in blank appearing on its face, was sufficient to replace the original Note. We find no error in this conclusion. Once it was  [**19] established that the Note was endorsed in blank, the Note became a bearer instrument:...

The letter from Mr. Eppley states that the undated blank indorsement Maureen Bodine allonge is the one that was attached to the Deed of Trust as it was assigned from Deep Green to Wachovia. 

That is because if Wells Fargo relies on the OTHER allonge – the one that is not indorsed in blank but rather to Wachovia Bank, N.A. – the Note no longer becomes Bearer Paper and *poof* there goes Wells Fargo’s Standing to Foreclose.


This all dovetails with the hot water that Wells Fargo finds itself in regarding the fix-it manual that is currently being reviewed in New York over the strenuous objection by Wells Fargo. Judge Drain was not pleased: http://nypost.com/2015/01/31/ny-federal-judge-slams-wells-fargo-for-forged-mortgage-docs/

Dear Ms. McCullough Messrs. Eppley and Anderson: I repeat some of what I said earlier: I would like to call your attention to my observation about Lost Note Affidavits yesterday it has occurred to me that it is simply not equitable for Wells Fargo to be attempting to collect full purported face value on a Note that you undoubtedly received for pennies on the dollar when Deep Green was financially imploding and in receivership with Lightyear. 

After that, it was likely securitized and Wells Fargo made more money from it in the derivatives market. With all due respect, and, having worked on multiple cases involving Wells Fargo in mediation in which Bad Faith was found, I have to say that I no longer automatically assume that Wells Fargo has the authority it claims to have with respect to any particular mortgage. See generally Focht v. Wells Fargo Case no. 2D11-4511 and 2D11-4980 (FL Second Dist. Ct. App 2013), Boyd v. Wells Fargo No. 4D13-208 (FL Fourth Dist. Ct. App 2014), Veal v. Am. Home Mortg. Servicing, Inc. (In re Veal), 450 B.R. 897 (2011). Boyd v. Wells Fargo No. 4D13-208 (FL Fourth Dist. Ct. App 2014)  

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