Wells Fargo

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

IRS Issues “John Doe Summons” to Wells Fargo Seeking Identities of U.S. Taxpayers with Offshore Accounts at First Caribbean...

Introduction - On April 30, 2013, the United States Department of Justice issued a “John Doe Internal Revenue Code” summons to Wells Fargo Bank, as a provider of correspondent bank services for Canadian Imperial Bank...more

Holder Rule Allows Motor Home Buyer To Assert All Claims Against Assignee Of Loan That He Otherwise Had Against Motor Home Dealer

A motor home buyer who entered into an installment sale contract with a motor home dealer alleged the motor home was defective from the time of purchase and brought a lawsuit against the dealer and the lender to which the...more

How Late Can a Default on a Foreclosure Suit Be Vacated?

In the closing days of the March term, the Illinois Supreme Court allowed a petition for leave to appeal in Wells Fargo Bank, N.A. v. McCluskey, a decision from the Second District reversing an order refusing to vacate a...more

Standing: An Affirmative Defense To Mortgage Foreclosure

To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing...more

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

March 27 (Bloomberg Law) -- There was no settlement afoot when U.S. District Judge Jed Rakoff put off a hearing on an effort by the trustee for Bernard L. Madoff Investment Securities LLC to block a $410 million settlement...more

Widow Foreclosure Catch-22  [Video]

Losing a spouse is a very difficult time for most people. Imagine how difficult it would then be to lose the house you shared to foreclosure. Banks are under legal obligation to help avoid foreclosure by using loan...more

California District Court Unseals FCA Complaint Filed Against Numerous Banks

Last week, after the government declined to intervene in the case, the U.S. District Court for the Central District of California unsealed a qui tam False Claims Act (FCA) complaint filed by a whistleblower in April 2012...more

Federal Reserve Announces Another Major Cash Settlement with Mortgage Servicers: $8.5 Billion to be Paid in Cash, Used to Help...

In a joint press release issued by the Federal Reserve and the Office of the Comptroller of the Currency, news this past week is that 10 mortgage servicers around the country have entered into a settlement agreement with the...more

Mortgage Foreclosure Settlement

We have long been skeptical of most loan “repurchase” or “indemnification” demands made by big banks against the third-party originators (i.e., correspondent lenders) who sold those loans to the big banks many years ago....more

Corporate Law Report: Mobile App Privacy, HR & the FCPA, Insider Trading, First Sale Doctrine, More [Video]

Provides in-house counsel and executives a top-level video overview of some of the key corporate news items we are following on JD Supra this week. In this episode we look at: Mobile app privacy policies in light of news...more

Reinsurance Redux - December 2012

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

BARRY FAGAN vs WELLS FARGO BANK RE: NOTICE OF "MATERIAL VIOLATIONS" UNDER CALIFORNIA'S NEWLY ENACTED HOMEOWNERS BILL OF RIGHTS...

http://livinglies.wordpress.com/2012/12/18/notice-of-violation-under-california-bill-of-rights/ Posted on December 18, 2012 by Neil Garfield LAW OFFICE OF BARRY FAGAN Reference is made to Wells Fargo’s (“Defendant”)...more

Barry Fagan v Wells Fargo Bank N.A.

Notice of "Material Violations" under California's Homeowners Bill of Rights pursuant to Civil Code Sections, 2923.55, 2924.12, &...

Barry Fagan vs. Wells Fargo Bank, N.A. et al Re: Notice of "Material Violations" under California's Newly Enacted Homeowners Bill of Rights pursuant to California Civil Code sections, 2923.55, 2924.12, and...more

Update: Has The National Mortgage Settlement Helped Any Georgia Homeowner?

In an earlier blog published 10-30-12, we tracked some of the developments in the so-called "historic" National Mortgage Settlement (NMS) with Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally which was...more

Lender Did Not Have Burden To Prove Holder Status In Wrongful Foreclosure Suit

In Campbell v. Mortgage Electronic Registration Systems, Inc., the Campbells borrowed money from a lender to purchase a residence. No. 03-11-00428-CV, 2012 Tex. App. LEXIS 4030 (Tex. App.—Austin May 18, 2012, no pet....more

Action Plans for Residential Mortgage Servicing and Foreclosure Deficiencies

On February 27, the Fed released action plans from Bank of America, Citigroup, EverBank, JPMorgan Chase, MetLife, PNC, SunTrust, US Bancorp, and Wells Fargo to correct deficiencies in residential mortgage loan servicing and...more

InfoBytes Special Alert: Federal and State Officials Announce Mortgage Servicing Settlement

This morning, U.S. Attorney General Eric Holder, HUD Secretary Shawn Donovan, Iowa Attorney General Tom Miller, and several other state and federal officials jointly announced an approximately $25 billion agreement in...more