BARRY FAGAN V WELLS FARGO BANK

1. Barry Fagan v Wells Fargo Bank Re Motion For Reconsideration of Order Sustaining Defendant Wells Fargo Bank’s Demurrer Without Leave to Amend Memorandum of Points & Authorities

http://www.scribd.com/doc/88522002/Barry-Fagan-v-Wells-Fargo-Bank-Re-Motion-For-Reconsideration-of-Order-Sustaining-Defendant-Wells-Fargo-Bank-s-Demurrer-Without-Leave-to-Amend-Memorand

2.

Barry Fagan v Wells Fargo Re: Reply to Wells Fargo’s Opposition to Plaintiff’s Motion for Reconsideration of the Motion to Compel WITH EXHIBITS A, B, C, D, E, F & G

http://www.scribd.com/doc/89843763/Barry-Fagan-v-Wells-Fargo-Re-Reply-to-Wells-Fargo-s-Opposition-to-Plaintiff-s-Motion-for-Reconsideration-of-the-Motion-to-Compel-WITH-EXHIBITS-A-B

Also, here is an article that just came out today and it clearly discusses that Banks are misrepresenting themselves as owners of the loan and fabricating evidence of this Banks Slammed for Misrepresenting Themselves as Owners of the Loan.

http://livinglies.wordpress.com/2012/04/19/banks-slammed-for-misrepresenting-themselves-as-owners-of-the-loan/

“A legal compendium of cases published by the American Bankruptcy Institute establishes a pattern of conduct by Ameriquest, Wells Fargo and Chase dating back before 2008 in which these and other banks have intentionally misrepresented themselves to the court as owners of the note, entitled to foreclose.”

They cannot explain the altered documents, and attempt to rely on the fact that their name appears on the 2007 Deed of Trust, but have had to alter that document in order to conceal that an assignment has been made.

They cannot provide loan level accounting because they do not own the loan. They have manipulated their evidence in order to conceal their perjury and simply asking them straight questions will only lead to manipulative responses.

JUST BECAUSE THE COURT HAS CHOSEN TO IGNORE BLATANT FRAUD DOES NOT IN ANY WAY SUGGEST THAT FRAUD IS NOT PRESENT AND YOUR ORGANIZATION HAS THE ABILITY TO REVIEW THE RECORDED DOCUMENTS TO SEE THAT THIS TYPE OF FRAUD IS EGREGIOUS.

Barry Fagan v Wells Fargo re: Motion to Reconsider Superior Court Judge Norman P Tarles’ Order Denying Plaintiff’s Motion to Compel

http://www.scribd.com/doc/83153190/Barry-Fagan-v-Wells-Fargo-re-Motion-to-Reconsider-Superior-Court-Judge-Norman-P-Tarles-Order-Denying-Plaintiff-s-Motion-to-Compel

Barry Fagan v Wells Fargo Bank Re C.P.A. Shawn Adamo Regulatory Letter and Affidavit Concerning Accounting Fraud by Wells Fargo Bank

http://www.scribd.com/doc/83123630/Barry-Fagan-v-Wells-Fargo-Bank-Re-C-P-A-Shawn-Adamo-Regulatory-Letter-and-Affidavit-Concerning-Accounting-Fraud-by-Wells-Fargo-Bank

Barry Fagan v Wells Fargo Bank Re REQUEST for JUDICIAL NOTICE of a RELATED CASE/REPORT Office of the Assessor-Recorder San Francisco Report as Sponsored by Phil Ting Assessor-Recorder for San Francisco Entitled Foreclosure in California a CRISIS OF COMPLIANCE FEBRUARY 2012

http://www.scribd.com/doc/82105072/Barry-Fagan-v-Wells-Fargo-Bank-Re-REQUEST-for-JUDICIAL-NOTICE-of-a-RELATED-CASE-REPORT-Office-of-the-Assessor-Recorder-San-Francisco-Report-as-Sponsor

Comes now Plaintiff Barry S. Fagan herewith serves upon Defendants and their Attorneys of record his Request for Judicial Notice of a related case/report issued from the Office of the Assessor-Recorder San Francisco Report as sponsored by Phil Ting Assessor-Recorder for San Francisco entitled FORECLOSURE IN CALIFORNIA A CRISIS OF COMPLIANCE SAN FRANCISCO | FEBRUARY 2012 as prepared by Aequitas Compliance Solutions, Inc.

This is an official act of the Office of the Assessor-Recorder San Francisco Report as sponsored by Phil Ting Assessor-Recorder for San Francisco and Plaintiff hereby requests that the Court take Judicial Notice of the following AEQUITAS REPORT dated February 2012 and attached in its entirety as Exhibit A with this Request For Judicial Notice. That report specifically concludes that an audit by San Francisco county officials of about 400 recent foreclosures there determined that almost all involved either legal violations or suspicious documentation and that in a significant number of cases that 45 percent of the foreclosures, properties were sold at auction to entities improperly claiming to be the beneficiary of the deeds of trust. In other words, the report said, “a ‘stranger’ to the deed of trust,” gained ownership of the property; as a result, the sale may be invalid, it said. In 6 percent of cases, the same deed of trust to a property was assigned to two or more different entities, raising questions about which of them actually had the right to foreclose. Many of the foreclosures that were scrutinized showed gaps in the chain of title, the report said, indicating that written transfers from the original owner to the entity currently claiming to own the deed of trust have disappeared.

The issues and findings are intimately related to the case at bar and is authorized under California Evidence Code § 452.

Posted on February 13, 2012 by Neil Garfield

Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

Information about the company
Wells Fargo Bank NA
United States

Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398.

The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits.

C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan.

Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure.

Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan’s loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.

Complaint history

A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

Thank you,

Consumer Financial Protection Bureau
http://www.consumerfinance.gov
(855) 411-CFPB (2372)

Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

http://www.fedup99.com/following-barry-fagan/

Information about the company
Wells Fargo Bank NA
United States

Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398. The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits. C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan. Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure. Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.
Complaint history

A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

Thank you,

Consumer Financial Protection Bureau
http://www.consumerfinance.gov
(855) 411-CFPB (2372)

Barry Fagan v Wells Fargo Bank

Re: Link to Lis Pendens with Evidence of Deed of Trust alteration and fraud by Wells Fargo Bank.

http://www.scribd.com/doc/71080695/Barry-Fagan-v-Wells-Fargo-Bank-LIS-PENDENS-With-Evidence-of-Deed-of-Trust-Alteration-and-Fraud

Please review the following links to see evidence of Document Fraud with Expert Opinion Testimony against Wells Fargo Bank:

This is why our Attorneys general must not settle with the Banks!

***HERE IS A COPY OF YOUR EMAIL TO THE ATTORNEY GENERAL AS REQUESTED – DO NOT REPLY TO THIS EMAIL***

Your email to the Attorney General states:

This is a Consumer complaint against the business/company named below

First Name: Barry
Middle Initial: S
Last Name: Fagan
City: Malibu
State: CA
Zip: 90265

Company Name: Wells Fargo Bank NA
Company Address Line: 420 Montgomery Street
Company Address Line 2:
Company City: San Francisco
Company State: CA
Company Zip: 94104

Comment Or Question Message: Please find links to my October 25, 2011 Second Supplemental Objection with supporting Expert Opinion Exhibits as filed in Los Angeles Superior Court Case No. SC112044 concerning Document Fraud, Perjury, Loan Application Fraud by Wells Fargo Bank.

http://www.scribd.com/doc/68896185/Barry-Fagan-v-Wells-Fargo-Bank-Re-Supplemental-Objection-to-Request-for-Judicial-Notice-With-3-Original-Deeds-of-Trust-With-Different-Page-Fours

http://www.scribd.com/doc/70306223/Barry-Fagan-v-Wells-Fargo-Re-Expert-Opinion-of-Dr-Laurie-Hoeltzel-Forensic-Document-Expert-Re-Rhonda-Bernard-Thomas-Signatures

http://www.scribd.com/doc/70305637/Barry-Fagan-v-Wells-Fargo-Re-Expert-Opinion-of-Dr-Laurie-Hoeltzel-Forensic-Document-Expert-Re-Deed-of-Trust

http://www.scribd.com/doc/70303961/Barry-Fagan-v-Wells-Fargo-Re-EXPERT-OPINION-TESTIMONY-for-Cerified-Deed-of-Trust-and-Rhonda-Bernard-Thomas-Signatures

http://www.scribd.com/doc/67182879/Barry-Fagan-v-Wells-Fargo-Bank-Re-Evidence-of-Bank-and-Appraisal-Fraud-to-OCC-Complaint-Numbers-01615287-and-01406372

http://www.scribd.com/doc/68315583/Barry-Fagan-v-Wells-Fargo-Bank-Re-OCC-COMPLAINT-No-01751312-With-Additional-Evidence-of-Bank-Fraud

Contained within those exhibits, are 3 different versions of an ORIGINAL Deed of Trust, along with multiple fraudulent loan applications.

Exhibit A is the Deed of Trust as filed with the Los Angeles County Registrar Recorders Office, while Exhibit B and Exhibit C were provided by Wells Fargo Bank as alleged original documents. The magnified version of page 4 all clearly show variations of the same hand written number and is an indication that the original Exhibit A as recorded in the Los Angeles County Recorders Office has been altered since it was originally recorded.

Page 4 has been altered and it does not take a document expert to see that the magnified version of these pages show completely different versions of the hand written number 4.

Kindly review the additional exhibits to see that Wells Fargo Bank’s entire loan file is wrought with errors and inconsistencies and quite frankly fraud!

The Law Offices of KUTAK ROCK LLP in Irvine California currently has possession of this altered document and I ask that your agency issue a subpoena for this document so that you can prove that it is indeed different from the original that was recorded and copied in the Los Angeles County Registrar Office.

This is blatant fraud and our National banks are acting as if they are above the law and this case gives our law enforcement agencies an opportunity to prove just how much harm these banks are causing our economy.

Thank you.

Barry S. Fagan Esq.