Bank Suing Me for Fraud

[gratisman]

Hello,

The bank is suing me for fraud. Yes this mess was created by the Dorean process, but regardless of what you may or may not feel about that process, I need to respond to the banks complaint in about a week.
I have been sued by Wells Fargo bank attempting to conduct a judicial foreclosure. Here are some facts in the case:

• I have not paid on the alleged debt since 3/2005.
• A bond was presented for the payoff prior to 3/2005.
• Wells Fargo as servicer never responded to the presentment of the bond.
• Because of the actions of certain individuals (Kurt Johnson and D. Scott Heniemann) a reconveyance had been filed at the county recorders.
• I refinanced the home and was given clear title and title insurance.
• In September counsel for MERS, Inc. (as mortgagee) notified me by certified mail that they would be conducting a non-judicial foreclosure.
• When I checked for the proper notices to be filed in the county recorders office they were not there.
• I notified counsel that proper steps to conduct a non-judicial foreclosure were not taken.
  Counsel postponed sale.
• I asked counsel repeatedly for something in writing stating the amount of the alleged claim. This I never received.
• A week ago, I received a lawsuit from the same attorney’s this time claiming to represent Wells Fargo – who was the servicer of the loan, but is now purporting to be the Mortgagee.
• Counsel has made a lot of allegations but has yet to provide any evidence.

I would like to conditionally accept their offer upon proof of claim. Here is what I believe to be my case:

• Wells Fargo is NOT the holder of the note in due course, and therefore not entitled to enforce a commercial claim against me.
• MERS, Inc was never the holder of the note in due course, and therefore never entitled to enforce a commercial claim against me.
• Counsel states that MERS transferred the note to Wells Fargo – approximately in September.
• Since MERS never held the note in their possession this was impossible.
• Wells Fargo has no equitable interest in the contract as they have brought nothing of value to the table. An audit of the equities must be produced to substantiate this claim.
• Counsel will not be able to produce the original note.
• Counsel should not be able to file an affidavit of lost note – because they just claimed that note was transferred less than a year ago.
• Plaintiff has damaged me personally,
• By harassing tenants in property and naming them party to the lawsuit.
• i. Tenants were evicted for not paying rent, which put me in a situation where I was unable to pay new loan on property.
  
• By reporting negative items to credit bureaus.
• If plaintiff can produce the original note – it will prove that contract is void, because it has been altered.
• Plaintiff claims that bond was worthless but has presented no evidence. They have refused to accept payment.

In this order:

1. Move

2. Get a lawyer

Just my 2 cents.

[gratisman]

Originally Posted by HenryBowman

In this order:

1. Move

2. Get a lawyer

Just my 2 cents.

I don't live there. Have tried a couple of lawyers, and not a one has looked at the case.

Shouldn't the title company defend the title?

Originally Posted by gratisman

I don't live there. Have tried a couple of lawyers, and not a one has looked at the case.

Shouldn't the title company defend the title?

If you read your Warranty Deed real close, you will find that it is NOT the Title company that is requirred to defend the title.. that is up to the former owner (seller) of the property.

Jerry.

[gratisman]

Originally Posted by jerrypitts

If you read your Warranty Deed real close, you will find that it is NOT the Title company that is requirred to defend the title.. that is up to the former owner (seller) of the property.

Jerry.

Then what is title insurance?

Originally Posted by gratisman

Then what is title insurance?

Just another additional fee that they collect for requiring you to perform something that should be their duty.

Fact of the matter is, they cannot defend the title, due to the fact that they never in fact was the holder of the title. The Title is found in the Land Patent.

Jerry.

I wish you the best of luck. This is not going to be an easy case to win, if at all possible. I really hope you know what you are doing when you are introducing bonds into the matter. Any man in a black robe looking at this case is not going to have any mercy on you, though, this is my opinion.

Sincerely the truth,
Lee

[charlesa6]

leebell337, welcome to the suijuris forum.

[mnchicago]

If you are up against a non-judicial FC, Mr Bowman's advice
above may be apropos.

If you think a lawyer will fight the kind of battle against
the system that you will need, Henry's advice is still your
best shot.

As a pro se, I don't think you know what you are doing,
and the odds of you being succesful are close to
nonexistent.

If you want to fight the battle, respond to the Complaint,
and include a bill of particulars. You will want to have
them produce the original note, and not just a
copy. You want them to prove that they are, in fact,
the holders in due course, and the only way you can be
assured of it is by seeing the original note. (They are
not really the holder in due course anymore). If they
cannot prove that, then they have no standing to sue.

Included in your bill of partivulars, you want to know
exactly how much money the bank actually loaned to
you. Have them identify the specific account the "money"
came from that was transferred into "your account."

The mortagee will never show up in court, only the
attorney representing them. The attorney is going to
show that you signed a promissory note and have not
paid according to terms therein. You are the only signer
on the note. No one from the bank signed the "agreement."
The note is only a form, not substance.
The Note used against you is a kind of self-incrimination.

You know what, this is too complicated to even try to
explain. But this is the route I would proceed on, if it
were me.

Good luck.

[cigs645]

Originally Posted by jerrypitts

If you read your Warranty Deed real close, you will find that it is NOT the Title company that is requirred to defend the title.. that is up to the former owner (seller) of the property.

Jerry.

the title company any title compnay insures any deed or property against any defects in the title, so someone is going to come after them for the cash . The lender doing the suing is not spending $300 an hour on attorneys for nothing and unless they feel there is someone they can collect from for the original loan + damages .There is also a third party which I assume bought the house and they are not going to be very happy campers. My advice is get yourself a good real estate/criminal lawyer if there is such a thing. I suspect at some point during the process this may get referred to the local DA, since the feds have determined that the Dorean process is fraud.
I heard this sort of thing happened in CA in the 90's, reverse foreclosure they called the "process" and it got very messy and title companies/homeowners were sued. title compnies then turned around and sued . I feel for the third party who I assume bought the house and is living in it.

And by the way the dynamic duo, Scott and Kurt were warned in writing, by an attorney, that this type of problem may come up on the back end of their "process". or did they forget to mention that to their clients?