"Why They Lie" Re: Evidence of Perjury and Bank Fraud by Wells Fargo Bank

by Barry Fagan



Posted on August 5, 2011 by Neil Garfield


It is always the same. The pretenders will say whatever they want to satisfy their needs at the moment. In Court, they don’t care whether it is true or not, they just say it because the Judge expects them to say it. The reason they do it is because they can: up until recently the representations of counsel in Court proceedings were taken as gospel by Judges on the bench ALL OF THE TIME. Now, with clear evidence of forgery and fabrication all over the media, the pretenders are getting their way MOST OF THE TIME.

What will it take to have Judges actually require evidence? More time, I suppose. Meanwhile, people are being terrorized by a group of individuals and companies who have nothing but complete disdain for the American homeowner and would just as soon foreclose on him as look at him, regardless of whether or not he is up to date on his payments.

Here is a clear case in point, which is repeated all over the country. I get more reports about these discrepancies with Wells Fargo but it is apparent from the reports that all the banks are doing it. They deny the loan was securitized if they filed the action in the name of a bank, especially if the bank is the same one who originated the loan. They admit that the loan was securitized when they are seeking some relief that can only be obtained by stating that an asset-backed pool exists (even if it doesn’t) and that the subject loan is in the pool (even if it isn’t).

But the main culprit here is myth and ideology. Based upon a double-standard that defies rational explanation, it is perfectly OK for a business to cram down or discharge a lien that was never perfected. That’s OK. But it isn’t OK for a homeowner to do the exact same thing for the same reasons — the original deal didn’t work out. In this case the original deal didn’t work out because it couldn’t and nobody except the borrower wanted it to work out. The investor had no idea what was being done with investor money.

The bottom line that is dragging our economy into a ditch deeper than the one that Bush gave us, is that we would rather have banks collect taxpayer money and get ownership of homes on which they advanced no funds, than to give the collateral benefit of defects in the loan and transfer procedures to the borrower. It’s either the bank gets a free house or the homeowner gets a lien-free house and then still owes money. Somehow, everyone seems to be in agreement that it is better to give the banks a free house than to allow the operation of existing law.

And somehow, the banks have succeeded in controlling the narrative such that it appears as though the homeowner is seeking a free home, not the banks. Neither Judges nor even homeowners can quite grasp the idea that the bank has no financial interest in their loan transaction. Most people walk away handing the keys to complete strangers. If anyone else asked for the keys they would sent packing, but somehow the homeowner presumes that the bank wouldn’t be there if it didn’t own the loan. It just isn’t so, and saying it doesn’t make it so either.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Barry Fagan, Law Offices of Barry S Fagan | Attorney Advertising

Written by:

Barry Fagan

Law Offices of Barry S Fagan on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.