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Bank Of America To Meet With States In Foreclosure Probe

ALAN ZIBEL   10/27/10 09:18 PM ET   AP

Us Foreclosure Mess

WASHINGTON — Wells Fargo admitted Wednesday it made mistakes in the paperwork for thousands of foreclosure cases and promised to fix them.

The San Francisco-based bank said it plans to refile documents in 55,000 of the cases by mid-November. The company said not all those cases included errors but didn't say how many thousands did.

Wells Fargo described the mistakes as technical and said it has no plans to halt the foreclosure process, though filing new paperwork will cause some delays.

"We don't believe that there are instances in which the foreclosures would not have occurred otherwise," said Teri Schrettenbrunner, a Wells Fargo spokeswoman. The documents are being refiled in the 23 states where a judge's approval is needed to complete a foreclosure.

Wells Fargo & Co.'s CEO, John Stumpf, has declined to join Bank of America Corp., Ally Financial Inc.'s GMAC Mortgage and other banks in suspending foreclosures because of flawed paperwork that surfaced at several large banks.

On a conference call with investors this month, Stumpf said the bank is "confident that our practices, procedures and documentation" are accurate.

Depositions of two Wells Fargo employees have called the company's foreclosure practices into question. A Fort Mill, S.C.-based Wells employee said in a deposition taken last March that she signed between 300 and 500 foreclosure documents per day,

In another deposition taken in May, another Wells employee said he verified only the dates on up to 150 foreclosure documents he signed daily and relied on co-workers to ensure that other information was correct.

Bank of America is scheduled to meet Thursday with state officials investigating allegations the bank rushed the foreclosure process without properly reviewing documents.

A person briefed on the matter confirmed the parties will have a preliminary discussion about issues related to the foreclosure documents. The person did not give details about the meeting or who will participate. The person, who spoke on condition of anonymity, was not authorized to speak publicly.

Bank of America, based in Charlotte, N.C., said in a statement: "We have been cooperating with the attorneys general and continue to have dialogue and share information with these important stakeholders."

The bank resumed foreclosures this week after halting them temporarily to resubmit documents with a new process designed to correct any mistakes such as misspelled names or incorrect numbers.

Attorneys general in all 50 states and the District of Columbia are jointly investigating whether paperwork and legal procedures were handled properly in hundreds of thousands of cases.

Bloomberg News reported earlier in the day that state attorneys general were scheduled to meet with lenders this week on the foreclosure-document probe and had conference calls with several lenders, also known as loan servicers.

Iowa Attorney General Tom Miller is leading the multistate probe. Geoff Greenwood, a spokesman for Miller, confirmed that a meeting is scheduled for Thursday. He declined to comment on which banks are expected to attend.

Besides state regulators, banking regulators including the Federal Reserve are examining whether mortgage companies cut corners on their own procedures when they moved to foreclose on people's homes.

Despite the problems, the Obama administration maintains there is no need to halt foreclosures in all 50 states.

On Wednesday, Phyllis Caldwell, chief of the Treasury Department's homeownership preservation office, told a financial bailout watchdog panel that there was no evidence of risk to the financial system from the documents scandal – or from efforts by mortgage investors to force banks to buy back problem loans.

___

AP Business Writer Marcy Gordon contributed to this report.

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WASHINGTON — Wells Fargo admitted Wednesday it made mistakes in the paperwork for thousands of foreclosure cases and promised to fix them. The San Francisco-based bank said it plans to refile d...
WASHINGTON — Wells Fargo admitted Wednesday it made mistakes in the paperwork for thousands of foreclosure cases and promised to fix them. The San Francisco-based bank said it plans to refile d...
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01:25 AM on 10/29/2010
There needs to be scrutiny here: http://go.to/planet.%C2%ADpov.greeks%C2%ADbearinggif%C2%ADts
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HUFFPOST SUPER USER
MaryKayMan
03:07 PM on 10/28/2010
"On Wednesday, Phyllis Caldwell, chief of the Treasury Department's homeownership preservation office, told a financial bailout watchdog panel that there was no evidence of risk to the financial system from the documents scandal – or from efforts by mortgage investors to force banks to buy back problem loans."

Phyllis is right and we should proceed with any and all litigation without any fear that holding the banks accountable does not damage our economy.

Are you listening Barrack?
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HUFFPOST SUPER USER
MaryKayMan
03:05 PM on 10/28/2010
"Iowa Attorney General Tom Miller is leading the multistate probe. Geoff Greenwood, a spokesman for Miller, confirmed that a meeting is scheduled for Thursday. He declined to comment on which banks are expected to attend."

Tom Miller is an American hero.
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HUFFPOST SUPER USER
MaryKayMan
03:03 PM on 10/28/2010
"A Fort Mill, S.C.-based Wells employee said in a deposition taken last March that she signed between 300 and 500 foreclosure documents per day..."

The sleepless night must be long...
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HUFFPOST SUPER USER
MaryKayMan
03:02 PM on 10/28/2010
"Wells Fargo & Co.'s CEO, John Stumpf, has declined to join Bank of America Corp., Ally Financial Inc.'s GMAC Mortgage and other banks in suspending foreclosures because of flawed paperwork..."

I would like to raise the unemployment rate by at least 1 person: John Stumpf.
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HUFFPOST SUPER USER
MaryKayMan
03:01 PM on 10/28/2010
"Wells Fargo described the mistakes as technical and said it has no plans to halt the foreclosure process..."

Q: How many technical errors are home buyers allowed to make?
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HUFFPOST SUPER USER
karen1p
11:23 PM on 10/30/2010
After all these revelations, not one peep out of our lovely non-Justice Dept.....not one word regarding RICO charges......truly amazing.
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HUFFPOST SUPER USER
MaryKayMan
02:58 PM on 10/28/2010
"The San Francisco-based bank said it plans to refile documents in 55,000 of the cases by mid-November."

Just in time for Christmas! Thanksgiving for all!
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HUFFPOST SUPER USER
karen1p
11:21 PM on 10/30/2010
Point being that the papers cannot just be "refiled." If the banks have filed fraudulent documents in the recording offices, take these b@stards to task and file a quiet title suit.

Refiling......oh, yeah? Phuque you, Wells Fargo.....and BoA.......and Citi......and Chase. You can all take the long road to heII.
02:40 PM on 10/28/2010
READ! anybody losing their home to this sham economic systematic meltdown.. Put an arms length long term lease in place..

READ! At the start of the recession, reports of renters being blindsided by foreclosure notices were not unusual. The problem prompted President Obama to sign the federal Protecting Tenants at Foreclosure Act in 2009. It requires tenants receive a 90-day notice if they are being evicted due to foreclosure -- and that most existing leases for renters be honored up to the end of their term.

See full article from DailyFinance: http://srp­h.it/d4y61­2
01:27 PM on 10/28/2010
"Mistakes." Translation: fraud & perjury. No one will be charged with crimes.
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StevieRae
2012 Choice-Oligarchy or a Republic
09:04 AM on 10/28/2010
Why is it absolutely critical for the states to start pushing B & A and other banks to put together a workable solution to the mortgage/home value crisis????????????

If more homeowners, under water, start walking away from their homes, essential property tax revenues needed to pay for local government will be eliminated. If you think current state and local government budget deficits are bad now, stand by if "under water" homeowners walk away from their mortgages.
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HUFFPOST SUPER USER
MaryKayMan
02:48 PM on 10/28/2010
yesyesyes! Thankyouthankyouthankyou!
07:44 PM on 10/29/2010
You are absolutely right, so many more people have a stake in this and will wind up on the losing end of the banks unscrupulous actions.

I assume the banking executives don't care because they fly everywhere instead of driving on public roads, their kids all attend private schools so no public funding needed, and they live in their own little fifedoms and are trying to turn the rest of us into serfs.
12:32 AM on 10/28/2010
And those in foreclosure in all 50 states should not be able to put people's homes on the market while they are yet trying to work out a better payment plan. It's happening here in TN and I'll be it's happening in other states as well.

Buy those tiny $10 alarms and put them on all of your doors; if someone breaks in mace them into a fog, hit them with a bat, and should "stop thief" as loudly as you can so the neighbors can hear you....and call the police.
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ibsteve2u
Someone who cares - to his unending regret
12:00 AM on 10/28/2010
BoA to meet with the states, eh? A bank, facing trouble....what is it about the big banks in America that makes me suspect BoA will show up with big bags of unmarked $100 bills?
02:41 PM on 10/28/2010
those went to Karzai.. americans want 1000 dollar bills..
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HUFFPOST COMMUNITY MODERATOR
msjimmied
11:24 PM on 10/27/2010
The Congressional Oversight Panel hearing held today, Senator Kaufman...Just so you know who the good guys are.

http://cop.senate.gov/hearings/library/hearing-102710-foreclosure.cfm
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HUFFPOST SUPER USER
MaryKayMan
02:50 PM on 10/28/2010
Great link. Thankyou!
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HUFFPOST COMMUNITY MODERATOR
msjimmied
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HUFFPOST COMMUNITY MODERATOR
msjimmied
11:14 PM on 10/27/2010
The Brooklyn lawyers answered that call, anymore warriors out there?

http://www.zerohedge.com/article/brooklyn-beatdown-onewest-bank-fsb-v-drayton-judge-arthur-schack-decision-casts-light-robo-s
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HUFFPOST COMMUNITY MODERATOR
msjimmied
11:11 PM on 10/27/2010
BOA is going to try to keep the focus on the affidavits, not the facts behind the affidavits.

http://www.nakedcapitalism.com/2010/10/wells-fargo-finds-foreclosure-lapses-in-55000-current-cases.html

MERS.

"If it is an agent, he wrote, “it is extremely unclear that it has the right to list itself as a mortgagee,” as it does. State real estate laws, he said, “do not have provisions authorizing financial institutions to use the name of a shell company,” in large part because “the point of these statutes is to provide a transparent, reliable record of actual — as opposed to nominal — land ownership....If it is a mortgagee, Mr. Peterson added, it has the right to record mortgages in its own name, as it did. But since it does not own the actual loan, doing that could be seen as violating a long line of precedents that bar separating a mortgage from the underlying note in which the borrower promises to pay. He quotes from an 1879 Supreme Court decision holding that “the assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity.”

http://www.cnbc.com/id/39740025

An individual homeowner is distraught enough, and has very little cash position for a lawyer. It is up to the state AG's and warriors in the legal profession to step up to the plate. The country needs you guys now.
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HUFFPOST SUPER USER
Acharn
04:02 AM on 10/28/2010
We get a chance to see who the good guys are. I may be cynical, but I don't hold out much hope for the Florida AG.
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HUFFPOST COMMUNITY MODERATOR
msjimmied
09:48 AM on 10/28/2010
The tide maybe too strong to swim against, especially in Florida that was the epicenter of this quake. This time, the banks has to deal with 50 AG's as it is national. It's a harder nut to crack than just corrupt politicians on hill. The AG's are ambitious men...We will see. Just hate to see people suffer while it plays out though....