WELLS FARGO IS A SERVICER NOT A OWNER OF NOTES, YET IMPROPER COURTROOM PROCEDURES ALLOW THEM TO SUCCEED ANOTHER FRAUDULANT FORECLOSURE SUIT IN TEXAS

ANOTHER FRAUDULANT FORECLOSURE SUIT
IN TEXAS
AGAIN, WELLS FARGO IS A SERVICER
THEY DO NOT OWN ORIGINAL NOTES.
AND THEY ARE NOT PROPERLY LICENSED
TO FORECLOSE.

Terry and Susan Garrett entered into a mortgage contract with Option One on 05-04-06.
Terry Garrett laid off summer of 2007 and got behind on mortgage by 2months.
Multiple conversations with Option One resulted in a final re-instatement if we sent in 5500.00 agreed upon 9-3-07 with 3000.00 down and 2500.00 2 weeks later.
Payments were sent western union and Option one sends both payments back to us via western union stating we failed to send the 5500.00 and foreclosure had been started.
10-3-07 filed bankruptcy with Weldon Grishams office downtown Ft. Worth .
Bankruptcy arrearage payments garnished from my pay check all house payments current.
Letter dated 6-10-08 Option one has sold to Wilbur Ross of American Home Mortgage Services as of July 1, 2008 sent payments to AHMSI in Jacksonville Fla. Instead of Option one of Irvine , Ca.
Started making all payments to AHMSI in Fla , July/Aug/Sept. payments.
9-28-08 receive letter from Wells Fargo stating foreclosure inspection has been done on property they are the trustees for Option One due to lack of payment house would be sold 10-7-08.
Called bankruptcy attorney Weldon Grishams office they have received nothing stating Wells Fargo was owner of note and to not worry pay AHMSI as instructed that is where Tim Truman Chapter 13 trustee was making payments to.
10-7-08 Wells Fargo forecloses on Home
10-14-08 Wells Fargo sells home to other names listed on a trustee deed
10-21-08 I received letter from Wells Fargo’s attorneys’ to vacate, my attorney Weldon Grisham received letter from Wells Fargo’s attorney’s notice of default debtor has until 10-31-08 to cure the debt.
10-28-08 served by constable an eviction citation.
11-06-08 appeared at court to Judge Wayne Hayes presented case and won ruled in our favor due to bankruptcy and no proof of automatic stay lift and my proof of mortgage co. to be American home not Wells Fargo.
11-12-08 served by constable an eviction citation.
11-19-08 appeared to Judge Wayne Hayes JP Court ruled in our favor due to the proof of lift of stay was dated 7-25-08 but was merely a letter not a ruling from the bankruptcy court.
11-24-08 served by constable an eviction citation
12-05-08 appeared to JP Court – substitute judge Jane Choate in for Wayne Hayes, would not let me present case ruled in for plaintiffs as a default judgment due to husband not there only I was present.
12-08-08 Filed a surety appeal bond at the JP Court
12-09-08 approved by Judge Wayne Hayes.
12-10-08 Option one/Wells Fargo 's sent letter from Judge Jerry Buckner to respond within 8 days. No response by Attorney’s for Wells Fargo

12-19-08 Attorneys for Wells Fargo file affidavit in support of eviction
Terry , Susan Garrett request default prove- up hearing 1-15-09
1-11-09 Court reset for 1-20-09 for additional findings by the Garrett’s
01-13-09 Terry Susan Garrett file affidavit in support of wrongful foreclosure.
1-20-09 Judge sets a Status Herring. Terry and Susan Garrett appear at court Wells Fargo attorneys fail to show waited over 30 minutes for someone to show. Judge calls attorneys they scramble to get a local attorney to show up so contempt charges are not filed on them.
Fill in local attorney requests for the records that he has not been hired by Hughes, Waters/Akansase, Wells Fargo, American Home Mortgage, or Option One and request it be documented as such. And that he has no knowledge of suit.
Judge sets Final hearing for 3-10-09 with stiff warning to plantiffs Wells Fargo and party that they have done a lot of wrongful things to these people and they better show up on 3-10-09
01-23-09 Wells Fargo attorneys submit motion to dismiss affidavit in support of wrongful foreclosure
02-02-09 Wells Fargo attorneys submit oral hearing to plea to jurisdiction, judge Buckner denied wait until final hearing.
03-10-09 Susan and Terry Garrett submit memorandum in support of Defendants claims.
3-10-09 Summary judgment granted to Wells Fargo due to Judge Buckner had lack of jurisdiction over Wrongful Foreclosure and my stuff was not admissible in court. This was over a wrongful detainer case.
3-20-09 Today – Susan and Terry Garrett wish to submit an appeal, but not sure if it is even worth it. I have had 2 attorneys tell me I have a case, plus judge Buckner, but I need it on a contingency basis due to both attorneys wanting 5000.00 to take case up front.
* 04-08-09 Sadly – we moved out of our dream home and join the world of renting with ruined credit.

Susan Garrett, PCS
ODYSSEY HEALTHCARE, INC.
2630 West Freeway, Suite 102
Fort Worth, Tx. 76102
817-338-1512 phone
817-350-3724 cell
817-339-2577 fax