Wells Fargo – Sand Canyon Fraud, Forgery = Unlawful Foreclosure.

[Devil_Fish]

On Friday December 23, 2011 at 4:00 P.M., two days before Christmas, the Phillips-Tehiva Family of Hana, Maui, Hawaii, (6 children, mom, dad and grandmother) received notification of a “criminal trespass” eviction from their home, located on property which has been in the Phillips Family for more than 100 years.

The action, taken by Wells Fargo Bank, occurred after the Phillips-Tehiva Family filed a motion on Thursday, December 22nd for a hearing to review the court’s eviction order based on fraudulent and forged documents.

“This 60(b) Motion is based on new evidence showing that Wells Fargo’s foreclosure was void because of an invalid assignment of the mortgage,” according to the attorney for Phillips-Tehiva, Arnold T. Phillips II (no relation). “A major issue is the fact that this was a securitized loan in which Wells Fargo violated the terms of the securitization agreement,” said attorney Phillips.

The Note and the Mortgage on this loan were required to be transferred, assigned and delivered to the securitized trust vehicle by July 10, 2007 when the securitization deal actually closed. However, the attempt to assign the loan occurred on June 24, 2010, which was three years too late.

Read More: http://deadlyclear.wordpress.com/2011/12/28/wells-fargo-sand-canyon-fraud-forgery-unlawful-foreclosure/

[Devil_Fish]

1. Um-Hello??

I caught this on global revolution, and I thought some here might be interested, but it seems to have sunk like a rock. Seriously? no one cares???

[ms.smiler]

2. I care. I've been researching mortgage/foreclosure fraud for over 3 years. I filed suit.

My story is here: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x2412603

I wish more homeowners understood their securitized mortgages. It makes no sense to me to make mortgage payments when the homeowner won't ever receive a valid Deed and clear Title. Homeowners don't usually uncover the fraud until they are foreclosed. It's there lurking though, the entire time payments are made.

[Devil_Fish]

6. Thanks Ms. Smiler

I have indeed read your story, and I knew that you would pick up on this post as long as you had time to see it. What is interesting about this story from Hawaii, is that they have tried to make the payments. Every time, their payment was refused and they were told that they needed to pay a higher amount.

I agree with you, What is the point of paying on a loan when you will never ever get the deed? further more, What is the point of paying on a loan when the Co. that you are paying dosn't have your deed, or even your loan?

This is stupid. you pay off the loan on your car you get the pink slip, unless your leasing. These people are not leasing, and if they were, that would be in the origional contract.

Any one who hasn't, Read the entire OP it's an eye opener. And Ms. Smiler's story as well.

[cookndrive]

7. Me too. I've been researching mortgage/foreclosure fraud for over 4 years. I filed suit.

I got into this when the BOA attempted to foreclose on my son in NJ. BOA was a "stranger" to the mortgage without assignment until 10 months into foreclosure. When the complaint was answered with a motion to dismiss, BOA filed a motion dismiss saying "defendants have successfully completed loan modification" which was false, but dismissed anyway. A Quiet title for him was filed early this month.

After going after the service in federal court for respa and tila violations, now have also filed Quiet title for our house in PA.

@ ms.smiler, please contact me for a copy of my complaint and my son's complaint, I think you and your attorney will find it interesting.

[sarcasmo]

3. Kick!

[Starry Messenger]

4. k&r

[tammywammy]

5. Wow. k&r