WHOA Wells Fargo – Hawaii Halts Those Horses!

Honolulu’s DUBIN LAW FIRM has successfully halted 2 more Wells Fargo eviction actions in Hawaii.  Hawaii neighbor island judges are catching on as the Dubin posse rounds up another load of bandits trying to drive off with the ol’ stagecoach.

Both of the WELLS FARGO BANK, N.A. as Trustee cases were originally OPTION ONE mortgages that appear to have fabricated assignments to securitized trusts well-after the trusts had closed.

Unlike revocable family trusts – securitized trusts are tax shelters (aka REMIC) for large volumes of investment money like state pension and retirement funds and are called static trusts meaning that whatever assets make up the trust MUST be sold, assigned, transferred to the trust on or before its closing date (with limited extensions – and a lot of paperwork). Even with extensions – attorneys say it is apparently unlawful to try to sneak the asset into the trust 2, 3, 4, 5, 6 years later.

Wells Fargo knows better than to file belated assignments – so do the local attorneys doing their bidding.  New York trust law has been discussed in-depth by the United States Congressional Oversight Panel.  This merits repeating from the November 16, 2010 Congressional Oversight Panel’s (COP) report titled “Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation” including references to the trust controlling documents and New York trust law.  See the COP testimony at page 19:

“[I]n order to convey good title into the trust and provide the trust with both good title to the collateral and the income from the mortgages, each transfer in this process required particular steps. Most PSAs are governed by New York law and create trusts governed by New York law. New York trust law requires strict compliance with the trust documents; any transaction by the trust that is in contravention of the trust documents is void, meaning that the transfer cannot actually take place as a matter of law. Therefore, if the transfer for the notes and mortgages did not comply with the PSA, the transfer would be void, and the assets would not have been transferred to the trust. Moreover, in many cases the assets could not now be transferred to the trust. PSAs generally require that the loans transferred to the trust not be in default, which would prevent the transfer of any non-performing loans to the trust now. Furthermore, PSAs frequently have timeliness requirements regarding the transfer in order to ensure that the trusts qualify for favored tax treatment.”

The Tehiva family on Maui has been discussed several times on DeadlyClear and sends their heart felt thanks to everyone for their help and their prayers.  It paid off with the blessing of a very astute Judge. It takes a considerably high IQ to grasp the securitization scheme and start to see the Ponzi.

Honorable Eric G. Romanchak GRANTED Tehiva’s Motion to Set Supersedeas Bond Amount for a Stay Pending Appeal stating that they could pay $2,286.56 a month to the Clerk of the District Court of the Second Circuit, Hana Division, and the payments are to be held by the Clerk in a Court-supervised bond account for the pendency of the Appeal or until further order of the Court. AWESOME!

The Hensleys on Kaua’i also originally had an Option One loan. Option One eventually became “Sand Canyon” and was under the control of Dale M. Sugimoto, its President. Mr. Sugimoto has stated in a SWORN declaration that Sand Canyon/Option One sold its business to WL Ross on April 30, 2008 and no longer held any real estate or servicing rights and that was stated over a year before this fabricated assignment of mortgage.

The Hensley assignment was fabricated on Oct. 26, 2009. What sneaky a trick, yeah?

It is obvious that the path of the Hensley mortgage loan did not follow the alleged trust instructions – not just because it was too late – but because the Securities and Exchange Commission documents on file for the trust say that “On the Closing Date, the Depositor will transfer to the Trust all of its right, title and interest in and to each Mortgage Loan, the related mortgage note …” Option One Mortgage Acceptance Corporation is the Depositor for the WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-1 ASSET-BASED CERTIFICATES, SERIES 2006-1 …NOT Sand Canyon. 

This means Sand Canyon isn’t suppose to transfer the loan directly to the trust and according to the securitization patents there is a good reason for this – bankruptcy remoteness. The names all sound the same but they are separate corporations – with good reason. Double / Triple sneaky, yeah?

What makes the Hensley case and so many others like it interesting, are the questionable actions of the bank’s foreclosure mill attorneys like Rush Moore who put together the Assignments, Notice of Foreclosures and Affidavits of Foreclosure (filed after a non-judicial foreclosure proceeding). In this case, attorney for the [alleged] mortgagee, Walter Beh II, signs a sworn and notarized affidavit of foreclosure and fails to include a copy of the much too late assignment and/or a copy of the note where there should be at least some endorsements.

Walter, ya had to see these documents in the file and connect the dots when you made your affidavit – unless of course you were robo-signing, what in the world were you thinking?!  You’d risk your license for a lousy bank?

It appears Walter is either slick as a snake oil salesman or dumb as a stump… or they just think the judges are. In any case, it’s about time these fabricating enablers were called before the courts and the bar on ethics. You are invited to take the Poll at the end of the post.

Unfortunately for Mr. Beh and his client Wells Fargo, the Rush Moore associate appeared before another well-informed judge.  Kaua`i’s Honorable Kathleen N. A. Watanabe who also ordered in favor of the Hensleys stating:

“THE COURT, having fully considered the written submissions of the parties, having heard the oral arguments of counsel, and having considered the entire record and files in this ejectment action, hereby GRANTS the aforementioned motion as follows:

1. Pursuant to Rule 62(d) of the Hawaii Rules of Civil Procedure, the December 2, 2011 Writ of Ejectment is hereby STAYED during the pendency of Defendants’ appeal.

2. Meanwhile, that stay is conditioned upon Defendants’ posting of a supersedeas bond, to be paid in monthly installments of $2,500.00, which amount the Court finds is equal to the current fair rental value of the subject property located at 5029 Emmalani Drive, Princeville, Hawaii 96722.”

These 2 instances of stay pending appeals with reasonable monthly payments made to the courts are the precise remedy to begin to stabilize the economy. These are smart moves by intelligent judges that can see from the pleadings that there are some obvious flaws.  It gives everyone time to reflect – the banks, the homeowners, the courts and the legislators. These foreclosures are not slam dunks anymore. It’s no wonder that other courts have started awarding huge damages like the $3.1 MILLION recently in Louisiana.

Cheers! Now the real lawyering begins and this is where the DUBIN LAW FIRM excels.  Attorneys Frederick J. Arensmeyer and Gary Dubin, in addition to a top-notch staff of A+ lawyers, put together arguments for the courts so that they may better understand what happened as these so-called mortgages morphed into securities and were traded around the world like baseball cards – not necessarily following the rules and sometimes possibly breaking or bending the law.

You are invited to take the Poll at the end of the post.  Your opinion makes a difference. Public opinion makes an impact. Please share your views – it’s strictly anonymous.

Advertisements

17 thoughts on “WHOA Wells Fargo – Hawaii Halts Those Horses!

  1. Parents are like the banks, children, ohana are like the attorneys, what ever you as parents
    teach them it is instilled, therefore where does the 100% responsibility lay….hello!!!!!

  2. The top 3 “Other” comments on the poll so far:
    1. absolutely, and they should be tried and if found guilty, jailed fined and disbarred
    2. Absolutely, and they should be imprisoned
    3. all three answers apply:known or should of known, Fine them

    Can you imagine a jury trial on these cases in Hawaii?!

  3. Pingback: WHOA Wells Fargo – Hawaii Halts Those Horses! |

  4. Funny, I have two assignment post foreclosure, and one that created and filed with the BK action that no one has ever seen before, purportedly drafted in 2005. The author is invited to contact me at usedkarguy@yahoo.com for copies. 4 years defending foreclosure.

  5. Of course they all know the documents are fabricated. They have too. No one fabricates court and foreclosure documents unless the HAVE too. The documents are only the tip of the iceberg and most intelligent people realize this. It is the lawyers who are usually missing the boat — they don’t dig any deeper than the surface. These tranactions are deep and if you have any sense, you can DIG into the whole transaction – origination is a great place to start. How do you think they got the inflated values in the first place?? The over inflated appraisal of course! Dig people dig!! Its all there if you don’t just skim the surface. Debi

  6. I’m one of the very few, if not the only homeowner from Virginia Beach, VA that was able to get Wachovia/Wells Fargo into the U. S. District Court, for TILA, RESPA, Rescission, having a sell-out for an attorney, (go figure)… She “missed” the email, several days earlier, concerning a Pre-Trial date, when all 3 defendants were lying to the Court, getting themselves, damages, and attorney’s fees dismissed. She was able to amend “her” case; as I was never consulted on anything she filed on my behalf, until weeks later. I disputed every careless step she took; in writing, faxes, phone messages, and over the phone. She missed every appt. we had, even “phone appts.”, for approx. 2 yrs.; except my 7 hour deposition, (that’s Wachovia deposing me…); which she/they scheduled the same morning as a “Surprise Appraisal” on my home!

    She withheld evidence from both me and the Court, being hundreds of pages with thousands of entries of the “ACTIVITY NOTES”, which show sooo many unlawful acts…even stating, “information from the Originator state Rita Cheche, may have made a timely rescission…”, they follow by making the excuse, “she made payments after canceling”, My attorney did not make a peep at the Trial, but her fingernails were clean, I know, I watched her, as I looked to her to speak up about at least 50 OTHER ISSUES!

    There has never been a Clear Title on my property, having at least 1 mechanic’s lien from “1996” on the guy I bought the property from in “2004”. Of course I’ve been charged thousands, within the 2 yr. period of time Wachovia “Flipped” my loans, at least 2 of the 4 loans. I bought the property and paid out-of-pocket, (NO ADDITIONAL LOANS WHAT-SO-EVER ON THIS PROPERTY) spending $700K to build a 4,000 sq. ft. 2-story Custom Home, taking the property value from $235K in “2004”, to the $817K. I have never received or had paid on my behalf, a single penny from Wachovia, they stole everything, so besides not receiving ANY MONEY from my out-of-pocket money, as I furnished materials and labor, building with my Partner and my Step-Dad, they stole the equity and it’s upside down $400K.

    THEY CONTINUED TO EMBEZZLE MONEY “UNDERWRITING AND ORIGINATING MY CANCELLED LOAN, WEEKS AFTER, there are over 14 Different Dates in the Closing Docs., NO HUD at the Closing, they made one up 8 days AFTER THE CLOSING, having different amounts, such as, “Line 1303. Estimated taxes $3,500.00” ADDED, OF COURSE NEVER PAID, I have the proof in black and white, “mysteriously receiving 84 pages of the inter-office emails and processing documents, approx. 3 years after Closing, from the “Servicer”, who Wachovia replaced with Wells Fargo…

    I HAD DRAWN-UP MY OWN 3-DAY CANCELLATION NOTICES, MISSING FROM 1ST CLOSING PACKAGE, I RECEIVED A 2ND SET OF DIFFERENT CLOSING DOCUMENTS approx. 3 MONTHS LATER, I HAVE ALL THOSE UNSIGNED ORIGINALS ALSO; WHICH THEY FORGED… I WANT TO GET MY ORIGINAL DOCS.”PAPER” DATE TESTED FOR ADDITIONAL EVIDENCE AGAINST FORGERS; I FAXED, CONFIRMED RECEIPT BY MY LOAN OFFICER, Catherine Freeland AND HER BOSS, Hugh Beatie & MAILED AN EXECUTED ORIGINAL THE DAY AFTER CLOSING. THEN, 8 DAYS AFTER CLOSING DATE, THEY REDUCED THE APPRAISAL FROM $817k TO $765K , STEALING AN ADDITIONAL $52,000.00 OF MY EQUITY, COINCIDENTALLY THE TOTAL AMOUNT THAT I WAS CHARGED FOR, THIS “FLIPPED”, “UNJUST ENRICHMENT LOAN”, IS $52,500.00!!! NEVER PAYING A PENNY TO ME, OR FOR ME, CHARGING A HIGHER MONTHLY MORTGAGE PAYMENT, A PRE-PAYMENT PENALTY AND ADDED 10 YEARS TO MY LOAN . INTENSIONALLY, DECEPTIVELY RUINING MY CREDIT, WHICH CAUSED THE LOSS OF MY BUSINESS, started in “1986”, STEALING MY REAL ESTATE PROPERTIES & FINANCIAL INVESTMENTS, MY SON’S EDUCATION, OUR LIVELYHOOD AND MY RETIREMENT,

    PLEASE, DO THIS, Send your lender a “Qualified Written Request”, TELL them you are requesting your “Activity Notes”, tell them to include the beginning date of your loan, your “Closing Date” to Present. All lenders have them, (this is what they pass around when the “sell us” to each other), this contains the “daily” activity they do on your loan. Also, request their “Phone Logs” mine are called “Consolidated Phone Logs”, they have to write down every time you call them, and they call you, what was said etc. You may be surprised to see what you find out, like me; Wachovia did not get their “Robo-Signer”, famous, “Topeka Love” to sign their “Assignment” until 2 years AFTER Closing…They documented “can not clear the Title” & “Foreclosure will provide us a Clear Title…”, “Profit in property $433,000.00”. I could go on & on…

    I am representing myself, “Pro-Se” in the United States Appellate Court, Fourth District. I have sent my “INFORMAL BRIEF”, and am awaiting their decision. IF ANYONE CAN HELP, PLEASE CALL ME 24/7 @ 757-427-0075.

    IF YOU NEED “A FRIEND”, as I am only a fighting homeowner, not an attorney, Call me, Rita Cheche, 757-427-0075, 24/7, please leave a message, I might be at the Court House, LOL

  7. @Rita Cheche-I applaud your efforts and must tell you for what it is worth, that you are an inspiration to me. Your determination in the face of such despicable entities gives me hope. Please keep this blog informed of your developing circumstances as some of your statements were very interesting to say the least. “Pro-Se”! Understandable considering what you’ve already endured. Hopefully before all is said and done there might be an honest and capable attorney who might assist. Know that I’ll be pulling for you. God bless you and your noble cause.

  8. NOW IS THE TIME!

    HOP ON BOARD THE GARY V. DUBIN CRUSADE TRAIN, WITH HIS ALL-STAR CAST!

    GARY V. DUBIN HAD A DREAM – JUSTICE FOR ALL!

    GOOD LUCK DUBIN LAW OFFICES!

  9. This trust closed on Feb. 3 2006. I (through the SEC) found our “loan” in this trust. We didn’t even CLOSE our “loan” until over 3 months later. I have absolute proof of this. Our “loan” alone, renders this particular trust a 100% REMIC F-A-I-L. I will be reporting this to the appropriate authorites. Also, this trust stopped reporting to the SEC in April 2007 I believe ( I need to check my documents).. and if you look at the 938 IRS forms, for REMIC reporting… you will see that only one cusip# is listed as reporting for 2006, and also for 2007 reporting, same cusip# is listed…. In the first quarter for 2008, it isn’t even on the 938 IRS REMIC reporting reports… ( noone has yet to explain where most of 2008 went). POOF they are gone. Also, there were two groups of loans for the “trust”, Group 1, and Group 2, and the Group 1 loans are part of the FHA lawsuit ( there were several filed) that was filed in Sept. 2011 to recoup their “losses”. This means that Freddie and Fannie are involved…. so as far as assignments go… I don’t need to spell it out, but we live in a state where there is both recorded and registered(Torrens) land, and we fall in the latter group, which not only makes this a REMIC fail, it also makes the lien invalid. Registered land ( all docs MUST be recorded, and they do not take effect until the recordation date). Like this case, at least 3 assignments are missing. No backdating or effective dating going on in this state (for us anyway)… We refinanced out of this, but the lien release from AHMSI(successor to Option One ) is invalid (DOCX) signed by a woman we all know and love ( sarcasm)…. unbelievable, all of this. NO perfected lien on property, probably dating back to 2001. Def. back to 2006. Title? Laughable( not really but…) It’s a MESS!!!!! If anyone wants to contact me, leave a message here where I can reach you. We have counsel… AND to this day.. I can prove that where I am anyway… documents are still being recorded from Sand Canyon (MERS etc)…… Criminal, disgusting, etc……

      • Yes…. I printed it out. It’s our zipcode /terms 6MO Libor….dollar amount: that’s how the loans are listed. (loan amounts listed further down in docs)…I went through my registry of deeds for our town. Both recorded and registered sides for all Options One Loans for the years 2005, and 2006…( did this twice just to double check this)… checked the dollar amounts. Our’s was the only one for the dollar amount in our zip code. I would be more thhan happy to email you this info. Our loan closing date was 5/19/06. This is soooooo not funny.

  10. FYI, Homeward Residential, formerly AHMSI, that bought Option One, was sold to OCWEN, and as of Feb 15 2013 they announced 325 layoffs of USA employees starting April. I have had some success now filing complaint actions on the NOTARY & her bond, as recently as April 2012 from the Jacksonville Fla office assigned my mortgage FROM SAND CANYON to Deutche Bank which we all know isnt kosher. My loan was already backdated by the infamous Goldbeck, McCafferty & McKeever firm in Philly in 2008, that got in tons of trouble & had to change name. you all might get a kick out of the RECORDED CALLS I have of Sr VP Jim Davis, the notary, the employee Tonya Hopkins that signed as assistant sec for Sand Caynon, AND the head of the trust at Deutsche Bank a Mr. Tuan Quch, who is also the MASTER NOTARY FOR ALL DEUTSCHE BANK POWER OF ATTORNEY for the servicer/master servicer… youtube.com/scottotv meanwhile, I also found Option One had it’s CA real estate license pulled, and they have my loan confirmed in TWO SEPARATE LOAN POOLS (Soundview -OPT3 & MSABS capital I 2005-HE1) I am in my FOURTH FORECLOSURE ACTION by them and PRO SE, this time armed with lots of intel and anyone with INFO or assistance or questions please email me scotto@scotto.tv KEEP FIGHTING – FIGHT THE FIGHT DON’T GIVE UP!!!!!

  11. Hey guys, I’m back… Another property stolen, that I paid for the chick’s beach duplex…. It’s a different situation, but still my rights were violated on my investment property, that I had purchased in “1999”, for my ex=best friend, my first lover, a quadrapalegic, Thomas William Maddox. I paid 143K of his debt, along with paying of my fifty 50 percent of my mortgage…. HE REFIED THE MORTGAGE, I SIGNED THE DEED OF TRUST, AS WELL AS GAVE HIM THE OTHER UNIT TO RENT OUT, KEEPING ALL PROFITS, IF ANY, FOR HIMSELF. He died, days after I lost Pungo… HIS SON, NEVER PAID, AND DUE TO THE PRIVACY ACT, I COULD NOT PAY A DEAD GUY’S MORTGAGE.
    ALSO, Tanya Bullock my attorney, that intentionally, unlawfully, and illegally lost my case against Wachovia/Wells Fargo, without the defendentS in the courtroom, became a Virginia Beach, VA Domestic Violence/Juvinial Judge, the next business day after she withheld evidence in my case. Of course, she was going thru the piliminary crap a newly appointed judge goes thru after the high powered, over paid attorneys, {with the financial backing of said financial institute paid} elected her, and she was too busy to write me until days before the expiration of my appeal. But, she finally did shot me a letter telling me that she was to busy to handle my appeal… cause she was going thru the motions of becoming a JUDGE.
    I am homeless now, but not down and out…. I’LL BE BACK… Rita Cheche

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s