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   Reject Foreclosure Compensation Check

http://www.change.org/petitions/reject-foreclosure-compensation-checks?utm_campaign=signature_receipt&utm_medium=email&utm_source=share_petition

If you feel TBTF banks have destroyed our justice system, If you feel that you have not been adequately represented by your Attorney General, if you feel that you have been defrauded by your bank and justice is not served, please sign the petition. 

Wells Fargo is guilty of grossly inflating the value of our home, originating a fraudulent loan, illegally foreclosing our home, and falsifying IRS tax forms.

And tragically, we're not alone. Wells Fargo is the largest Mortgage Lender in the country and thousands, if not tens of thousands, have fallen victim to Wells Fargo's mortgage practices.

We're fed up and starting a petition to hold Wells Fargo accountable for stealing our home, and our American Dream.

Will you stand up to Wells Fargo and sign the petition?http://www.change.org/petitions/tell-nevada-attorney-general-to-stop-wells-fargos-predatory-mortgage-lending-practices

Donna rallies Attorneys General to hold banks accountable, Washington D. C. March 7th, 2010.



Six year old pleas: Dear Wells Fargo, Why Did You Foreclose on My Mom?

Faces of Foreclosure: Family won't give up -  The evidence is piling... Where's the accountability?

Wells Fargo believes that it can use its financial and political influence to manupulate the truth in how it defrauded us.   'TOO BIG TO FAIL' should never be 'TOO BIG TOO JAIL'. We are here to confront Wells Fargo's public lies and expose Wells Fargo and its foreclosure mill gangs to the world.  See how Local Couple Takes on Wells Fargo Bank, in the article by local San Leandro Patch.

In the past, if you rip off the rich, you go to jail.  Bernard Madoff is the perfect example.  If you rip off the poor and the working middle class, you get bail out. Now, we DEMAND if you rip off the poor and the working middle class, you will go to jail too.

When Wells Fargo was defrauded like us, Wells Fargo screamed foul, demanded to rescind the loans, when refused, Wells Fargo  sued like we did. In its lawsuit, Wells Fargo referred loans as to which inaccurate or untrue representations or warranties were made as the "Ineligible Loans" (inasmuch as those loans were not eligible to be sold to Wells Fargo in the first place.) Click on the following link to see case: Wells Fargo Bank, N.A. vs. Quiken Loans Inc.  

Here are the facts on how Wells Fargo Bank defrauded us, including court filings:


Wells Fargo’s fraudulent appraisal valued our home for $718,000. Click on the link to view: Fraudulent Appraisal. 

  •  Wells Fargo’s review appraisal valued our home for $475,000. Click on the link to view: Review Appraisal
  •  Notice of Sale, Wells Fargo is auctioning our home on June 15, 2010, based on fraudulent appraisal and mortgage loan: Click on the link to view: Notice of Sale.
  •  We put $151,000 downpayment. Between 2005 and 2009 we paid Wells Fargo around $350,000.
  • June  15, 2010, Wells Fargo still foreclosed our home, knowing that it is a Category C felony to make a mortgage loan and foreclose our home based on a fraudulent appraisal.
  • Wells Fargo received a total of $25 billion bailout, but refused to carry out its promise to us and rescind its fraudulent loan.

    Promises:

    In July, 2006, Wells Fargo Bank promised us that after its investigation, if proven the appraisal was fraudulent, it would help us to rescind the contract and help us to recover all our financial losses.

    Result:

    In August, 2006, Wells Fargo Bank completed its investigation.  Its own review appraisal valued our home for $475,000.  My home was inflated by $243,000. 

    Wells Fargo Bank initiated massive cover-up scheme and refused to carry out its promises to rescind the contract and help us to recover all our financial losses.  Wells Fargo wrote us letters stating that "WFHM underwriting reviewed the (fraudulent) appraisal and it was found acceptable for our lending purposes."  Basically, Wells Fargo is telling us that it is "legal" to make mortgage loans based on fraudulent and hugely inflated appraisals.  However, based on Nevada State Statute NRS 205.372 Crime against Property, it is a Category C felony.

    In March, 2007, we filed lawsuit against  Wells Fargo bank for violation of Federal Truth-in-Lending, NRS 205.372 Crime against Property, Breach of Contract, Breach of Fiduciary Duty, Breach of Warranty, Fraud and Misrepresentation, Bad Faith, Punitive Damages and Negligence and Other Relief.

    In June, 2008, after two years into the investigation, the Attorney General’s office ruled that Wells Fargo’s appraisal was fraudulent and suspended the appraiser’s license for committing appraisal fraud on our home.  Complete Attorney General’s ruling and Wells Fargo Bank's and Rels Evaluation’s written lies can also be found under the Attorney General’s Ruling tab or the following link: Click to see Attorney General’s ruling.

    Almost 2-years into our lawsuit, with the following clear evidences, there was no judgment:
     

    Bank’s fraudulent appraisal - valued our home for $718,000.

    Bank’s own review appraisal - valued our home for $475,000.

    Based on the Attorney General’s ruling, the appraisal used by Wells Fargo bank for our mortgage loan transaction was fraudulent and suspended the appraiser’s license.

    During our first settlement conference, Chief Judge Connie Steinheimer told us that “there are NO LAWS in United States governing the appraisal and mortgage fraud situation we are in.”  We immediately requested the Chief Judge Connie Steinheimer to record the conversation.  However, she refused.  We then clearly expressed to Chief Judge Connie Steinheimer that we believed that there are State and Federal laws governing appraisal and mortgage fraud situations we are in.  If not, we would contact all government entities relevant to making laws to ensure that homeowners are protected from appraisal and mortgage fraud. We interpreted Chief Judge Connie Steinheimer's position as misleading and 
    an abuse of her judicial power.

    Shortly after, just weeks before Chief Judge Connie Steinheimer’s scheduled summary judgment ruling, she transferred the case to Judge Robert Perry, citing work overload.

    In March, 2009, 2 months 3 days after Judge Robert Perry received our case, despite of the material facts, he dismissed our lawsuit on the ground of no merits.  He made his summary judgment ruling in favor of Wells Fargo bank, Rels Evaluation and the appraiser T. J. Magee, who lost his license for the fraudulent appraisal he did on our home.  Most erroneously, Judge Robert Perry also awarded and allowed the convicted appraiser to collect $4,718.56 attorney fees from us, the direct victims of his actual appraisal fraud. 

    District Court Chief Judge Connie Steinheimer and  Judge Robert Perry never addressed our complaints that it is illegal for Wells Fargo to make mortgage loan to us based on fraudulent and hugely inflated appraisal.

    In April, 2009, we filed notice of appeal with Supreme Court.

    January, 12th, 2010, Wells Fargo Bank filed notice of default against our home based on fraudulent appraisal and mortgage loan.

    February 18th, 2010
    , we filed motion for stay pending Supreme Court appeal with the District Court. 
     

     

    March 9th, 2010, Wells Fargo Bank filed opposition to our motion for stay.  In its opposition, it quoted Chief Judge’s statement “there are no laws in United States governing the appraisal and mortgage fraud situation we are in.” as grounds of its defense and the reason for denying our motion for stay. 

     

    March 22nd, 2010, we filed a reply to Defendants’ opposition with District Court.

     

    March 25th, 2010, District Court Judge Robert Perry denied our motion on the grounds that he has no  jurisdiction.  It’s an erroneous ruling and pure tactics to aid Wells Fargo bank in abusing the judicial system and encouraging Wells Fargo Bank further to victimize us. 

     
    April 1st, 2010, we filed motion for stay pending appeal with Supreme Court. 

     

    April 8th, 2010, Supreme Court denied our motion for stay.  Supreme Court never addressed our statements listed in the motion for stay:

            (a)    It is illegal for Wells Fargo to make mortgage loan to us based on fraudulent appraisal.
            (b)    It is illegal for Wells Fargo to foreclose our home based on fraudulent appraisal and mortgage loan.

    April 19th, 2010, we filed the Opening Statement with the Supreme Court. We are waiting for Supreme Court’s ruling.

    June 1st, 2010, we filed Motion to Enlarge Time to File Reconsideration and Emergency Motion for Reconsideration. Nevada Supreme Court denied our motion to save our home.

    June 15th, 2010 we filed the Lis Pendens with Nevada Supreme Court, alerting everyone that there is litigation on our home.  However, November 3, 2010, Wells Fargo instructed its attorneys to file with Nevada Second Judicial District Court to dismiss our Lis Pendens and demand us to appear in front of the Judge to show cause why Wells Fargo can't foreclose our home based on fraudulent appraisal and fraudulent mortgage loan.  Here is our response:
    Motion to Dismiss Expunge of Lis Pendens.

    This is how Wells Fargo's counsels address our Motion to Dismiss Expunge of Lis Pendens. Wells Fargo Counsels non-defense defense. Most obviously, Wells Fargo's counsels made no defense or explanation on how its client Wells Fargo can legally under Nevada State Law to 

    - originate mortgage loan based on hugely inflated and fraudulent appraisal. 

    - knowingly record Notice of Default and Notice of Sale based on fraudulent appraisal and fraudulent mortgage loan.

    - knowingly, wrongfully foreclose home based on fraudulent appraisal and fraudulent mortgage loan.

    It took substantial time for Washoe County Second Judicial Court to deny Wells Fargo's frivolous Motion to Expunge our Lis Pendens, citing no jurisdiction. Court's Ruling Denying Wells Motion to Expunge Lis Pendens. We have to file Motion and challenge the Court's jurisdiction to facilitate Wells Fargo's counsels to abuse judicial process and commit Fraud on the Court.

    Almost a year ago, Wells Fargo's counsels didn't even have to responde to our Motion for Stay before Washoe County Second Judicial Court to deny our Motion for Stay, citing no jurisdiction.  It also took considerable less time for the Court to make its ruling.

    January, 2011, Wells Fargo falsified IRS 1099-A form by listing Freddie Mac as our mortgage lender, and attempted to write off its fraudulent mortgage loan for Freddie Mac.

    February, 2011, Freddie Mac confirmed in writing that our mortgage loan was not Freddie Mac’s mortgage loan.

    We forwarded Freddie Mac written confirmation to Wells Fargo and demanded it to notify IRS that we don’t owe income tax on the deficiency on Wells Fargo’s fraudulent mortgage loan.   Wells Fargo stated that it found no error on its 1099-A form by listing Freddie Mac as our mortgage lender.  Wells Fargo further stated that it has sold our loan to a pool of investors which was managed by U.S. Bank.

    Couple of weeks after we confronted Wells Fargo and Freddie Mac, Wells Fargo's CFO and Freddie Mac's COO both resigned just one day apart from each other.  We highly suspect the resignations were triggered by Wells Fargo irregularity of fillings.

    March, 2011, Wells Fargo updated its 1099-A form by changing the mortgage lender from Freddie Mac to Wells Fargo, knowing that it no longer owns the mortgage loan.

    This is tax fraud against us, the IRS and taxpayers!

    We demanded that Wells Fargo disclose the list of investors, but Wells Fargo refused to disclose the list of investors who own our mortgage loan.  All the investors who own our mortgage loan have the right to know the fact that Wells Fargo sold them a fraudulent mortgage loan.

    It's been a 6-year battle and almost 4 of them in Nevada Courts fighting against Wells Fargo's loan origination fraud, wrongful foreclosure and fraud on the court.  We will fight until justice prevails. 

    Here is our Motion for Sanction for Frivolous Motion

    We hope that our determination in holding Wells Fargo accountable will inspire you to join the fight.  The bottom line is that same laws shall also apply to big banks like Wells Fargo.  If Wells Fargo and its counsels committ the fraud on the court, they should be held accountable.

    See How Bank Foreclosure Procedures Are Now Closely Scrutinized.

    http://www.change.org/petitions/tell-nevada-attorney-general-to-stop-wells-fargos-predatory-mortgage-lending-practices


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