Foreclosure Frauds, Wells Fargo-the Fox in Charge, and Victimization
In the past 24 hours, Wells Fargo has ceased denying that - like other mortgage lenders, it also has been filing flawed foreclosure proceedings in courtrooms across the country. To correct its defective foreclosures, Wells Fargo has now announced that it will re-file 55,000 Wells Fargo foreclosures.
But I believe that Wells Fargo is only now forthcoming because covering up its wrongful foreclosures is no longer effective. Also, I suspect that instead of those 55k improper foreclosures Wells Fargo has admitted to, there are much more. There might even be 55k fraudulent foreclosures in the state where I reside.
The res ipsa loquitur foreclosure frauds that occur here in Louisiana involving Wells Fargo, Freddie Mac, certain foreclosure mills, and certain corrupt judges make it apparent that Wells Fargo cannot be trusted to fix its foreclosure wrongdoings, no more than an addict can be trusted to self-reform.
I have posted a small amount of information about Wells Fargo, Freddie Mac, Lehman Brothers (yes, Lehman is defunct, but if that name is needed for flimflam), foreclosure debt collector attorneys (foreclosure mills), and judicial corruption. Understandably, foreclosure fraud / real estate racketeering thrives in my state where - as attested to before Congress for the impeachment of Federal Judge Thomas Porteous - it is the "Louisiana Way" to give gifts (bribes) and 'do favors' for judges.
Thus, it is further understandable how thousands of Louisianians' homes have been illegally taken as judges signed orders allowing foreclosure mills to auction (sometimes simulated) peoples' homes - even when the mortgage lender (the PLAINTIFF) does not exist. Or, the mortgage "plaintiff" named in the foreclosure petition has no ownership whatsoever of the secured interest in the mortgage note - even when the homeowners dispute that's not their lender. To be specific, the foreclosure petition consists of a mortgage plaintiff that has NO STANDING. Such is an element of Louisiana's way. Such is what Wells Fargo and the above-listed miscreants have done in Louisiana for a long time - and such, as the facts show, goes unreported, unaddressed. Here it is 'business as usual'.
On my website there is mention of how Wells Fargo (WF) filed a false IRS form 1099-A to receive tax benefits despite the fact that Wells Fargo did not foreclose on my home, and of which I knew nothing about until I received a tax bill.
Incidently, I had written an FYI notice to Attorneys General in 25 states to notify them about Wells Fargo's filing false "acquisition" 1099s under pretext of having acquired properties via foreclosures. Because an A.G. from a different state forwarded my letter to Louisiana's A.G., I took pains to explain that mixup. (For years, I have been providing A LOT of information to the A.G. in my state. The only thing it accomplished for me were bitter reprisals, including employment blacklisting - kinds of hostilities subjected upon unprotected whistleblowers.)
* Thank you, Senator David Vitter!!, for installing your cronies in key positions.
Also, on my website, see: Lehman Brothers, Wells Fargo Foreclosure and Insurance Claims. There on my site is the "Bailey" foreclosure that was filed under Lehman Brothers, but the Hurricane Katrina insurance money was demanded from Allstate by Wells Fargo.
However it might be explained away, it is not lawful for foreclosure mill lawyer, Adcock, to utilize the defunct Lehman Brothers' name to carry on the Bailey foreclosure proceedings well after the fact of Lehman Brothers' collapse. It is further not lawful for Adcock to write Allstate Insurance and prosecute a federal court lawsuit for Katrina insurance money for the Bailey property on behalf of Wells Fargo while at the same time Adcock maintained a state court lawsuit on behalf of the defunct Lehman Brothers.
Moreover, it is nonsensical to expect a mortgage lender to comply with laws, statutes, and Civil Procedures. Precisely, mortgage lenders are not required to know laws - attorneys are! Most of the time, the attorneys have made severe errors - sometimes intentionally, since errors help keep the billable tab going, and commit the very frauds that provide basis, defenses, and reasons to attempt negotiating mortgage contracts. Notice how litigation, NOT foreclosure, was the preferred achievement for Wells Fargo lawyers! See this case: Super Future Equities Inc. v. Wells Fargo, et al.
Defaulted Homeowners and Unaddressed Repugnant Foreclosure Frauds (Extortion)In the first place, people who scowl at 'deadbeats' do not know everyone's situation. Those who chide defaulted homeowners as "deadbeats," seem unwilling to regard that not everyone obtained ill-affordable mortgages.
Some people defaulted due to divorce, overwhelming medical bills, 'outsourced' jobs to overseas that caused unemployment, and so much more. Also, should 'deadbeat' people with student loans have known how long it would take to get jobs? Further, unless someone has been living on Mars, it's impossible to not have heard about elderly people being tricked into "home repair" refinancing that plunged them into debt.
Here in Louisiana as well as Mississippi, even something as recent as the Gulf Oil spill exemplifies how unexpected circumstances can affect people's ability to pay their bills.
People are justifiably worried about being forced into foreclosure and repossession. Similarly, because of rampant judicial corruption here, it is not likely they will receive justice regarding workers' compensation, Family, Criminal or Municipal courts; and it is a foregone conclusion that federal courts' fairness - for minorities (the 'have nots'), does not exist. Wherefore, the possibility of not being able to pay one's bills, directly linked to judicial collusion, places any person or any business in jeopardy of foreclosure.
Yet, thick-skulled people who scorn "deadbeats" seem to prefer communities ull of vacant properties, blighted neighborhoods, and people living on streets or in tents - even though the determination as to the lawful mortgage holders of security notes could take years!
Thick-skulled people say 'people ought to move out and let banks decide for themselves'. But what part do such people not understand; banks are unable to decide ownership. Still, scoffers brush aside the fact about fraudulent court pleadings being filed by lawyers who are required to know better! And scoffers ignore that 'the bank' may not even get that property AT ALL! Meanwhile, if homeowners 'move out', the scoffers will be forced to welcome void and blight - and rats and vagrants eventually will also be coming and going.
Moreover, incredibly, some folks have become so omniscient they say that everyone in mortgage default is unwilling to pay rent -but again, those folks don't know people's stories, nor the facts.
Such people who spew anger about others living 'rent free' have absurd responses about 'White Collar foreclosure fraud' - which includes confiscating distressed properties via falsified court bankruptcy and state court pleadings.
Scoffers seem delighted about legal license and credentials being utilized for dishonest, criminal, unfair, unjust, enrichment against people already in distressed circumstances; and against sometimes innocent people.
Lenders' Lawyers engaged in fraud and extortion must be held accountable; jailed for real estate racketeering
Injurious acts by foreclosure lawyers render them, as well as their clients liable for damages. The half has not been told of outrageous, unfair collections, and privacy invasions associated with foreclosure! For a description of deleterious conduct see: Some Home Foreclosures are Actually Disguised Real Estate Extortions
As a fundamental matter in some instances, the amount owed to lenders for people's mortgage have become drastically reduced and offset because of justiciable damages from wrongful actions of lenders' lawyers and debt collectors under TILA, FDCA, and other laws.
The lenders' lawyers know that certain conduct is "actionable," and they don't want their mortgage clients or Investors to discover that they have committed malpractice in handling the foreclosures assigned to those lawyers. They make distressed borrowers appear as the loathsome problem.
Compare: blighted neighborhoods and foreclosure deed conveyances to non-existent mortgage lenders; bankruptcy "Lift Stay" motions that "lack standing," and names on "proof of claims" different from 'lift stays' "movers"; and illegal property deeds. Need I say, some people have never lawfully lost ownership of their homes, but they 'moved out'. 'The bank' with ownership may have never obtained that property. It is possible a lawyer flipped it, and perhaps Wells Fargo filed a 1099-A!
Also, foreclosure lawyers have failed to "effect service," failed at various substantive Civil Procedure requirements which make it not lawful to proceed with that lawyer's case until those errors are corrected. As such, homeowners are not to be blamed for refusing to cooperate with erroneous and fraudulent confiscation of their homes!
Often, foreclosure delays are because of the lawyers, but the lawyers keep that fact from clients. It is usually always foreclosure lawyers' serious mistakes, errors, and frauds that supply reasons, defenses, and basis for anyone with a brain / anyone who prefers to not be homeless to attempt renegotiating his or her mortgage contract.
Also, property owners seeking debt reorganization through Chapter 13 Bankruptcy are not to be blamed for contesting a false "proof of claim" or false "Lift Stay" motion. As such, countless foreclosure lawyers owe a lot of money to their clients for fatally botching foreclosure cases.
Furthermore, binding mortgage contracts contain an "Acceleration Clause." In particular, the contract requires LAWFUL foreclosure. It seems plausible that when homeowners receives provable "damages" from unlawful foreclosures, the lenders whose agents (the lawyers) violate the acceleration portion of mortgage contracts are liable to homeowners. Therefore, of necessity, culpable lenders should make modifications.
It is not fair for mortgage lenders to hire despicable, underhanded foreclosure firms who commit horrific, sometime crippling wrongs against defaulted borrowers under the guise of collections, to whitewash the facts behind abusive collection practices.
Abusive collections is the side of the coin that rarely gets talked about. Through the years, among the few people or institutions of which I have known to discuss these UNFAIR DEBT COLLECTIONS, are Elizabeth Warren, Gretchen Morgenson, Professor Katherine Porter, and the Brennan Justice Center.
The foreclosure lawyers know what they have done. They seek to have neighbors spewing hate about things which they know little about; and for victims to go out into tents or underpasses. However, although mortgage default causes foreclosure, it does not cause nor justify fraud and victimization of defaulted borrowers.
For reasons such as the foregoing, Wells Fargo, nor any other mortgage lender should be allowed to fix (whitewash) its fraudulent foreclosures. Further, for the foregoing reasons, real estate racketeering must be dealt with, and perpetrators sent to jail.
Barbara Ann Jackson
OPEN LETTER TO PRESIDENT OBAMA on Foreclosure Crisis (concerning Wells Fargo)
Barbara Ann Jackson, Law & Grace, Inc
* The views of Opinion writers do not necessarily reflect the views of NewsBlaze
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