Saturday, November 20, 2010

The pressure is on! Mortgage Loan Servicers finally face increased awareness of their widespread fraud -- and I am amazed at their public plans to continue to commit fraud! The affidavits submitted are null and void. You cannot correct void documents. This is additional fraud upon the Court. If they would have had the correct documents they would have submitted them in the first place. This additional time just allows DOCX or Lender Processing Services (or similar) to create documents that will work.

N.C. AG questions 
Wells Fargo 
Letter asks why N.C. isn't among states where bank's methods are being reviewed.

By Rick Rothacker
Posted: Saturday, Nov. 20, 2010

The N.C. Attorney General's Office sent a letter Friday to Wells Fargo & Co. expressing concerns about its foreclosure practices after the San Francisco bank said it's resubmitting affidavits in 23 other states.

When allegations surfaced this fall about banks' mishandling of foreclosure paperwork, Wells repeatedly said it found no problems with its processes. But on Oct. 27, the bank said it planned to resubmit 55,000 affidavits after identifying "instances" where processes did not "strictly adhere" to procedures.

The bank said it's filing supplemental documents in 23 states, including South Carolina, where judges sign off on foreclosures. North Carolina - a "quasi-judicial" state where clerks of court review affidavits in foreclosure cases - is not among those states.

"If you maintain confidence in your proceedings, I question why you would believe it necessary to re-file affidavits," Adam Hartzell, senior deputy attorney general for consumer protection, wrote in the letter.

"If Wells Fargo intends to take such measures in other states, I do not understand why Wells Fargo would not also take similar action in North Carolina," he added.

The use of unverified affidavits could be considered a fraud upon the court, he wrote. In particular, he said, Wells could be asserting that it attempted to modify loans for struggling borrowers without having a valid basis for those assertions.

Bank of America and other lenders have halted foreclosure sales as they review their procedures. Wells has not.

"This further heightens the concerns of the state of North Carolina," Hartzell wrote.

Attorneys general in North Carolina and 49 other states are investigating foreclosure practices at Wells and other major lenders. As part of any possible settlement, officials have said they are likely to seek improvements in banks' loan-modification programs.

In the letter, Hartzell asks Wells to provide North Carolina with updated information on how it submits foreclosure information in legal proceedings in the state. He also asks for the "specific nature" of the bank's "good faith efforts" to provide loan modification programs to borrowers before foreclosure.

Wells Fargo bought Charlotte-based Wachovia Corp. in 2008. Wells did not comment on the letter.

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