FINALLY
FINALLY SOMEONE IS GOING AFTER THE APPRAISAL FRAUD: BARRY FAGAN, ESQ.
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EDITOR’S NOTE: Without fraudulently inflated appraisals, Wall Street would have only been able to move about half as much money as it did. That would have resulted in losing over $ 1 Trillion in hidden yield spread premium that occurred when the loans were purportedly “Sold” to the pools. Without inflated appraisals we would not have people under water, nor would there have been nearly as many foreclosures because selling the home would have been possible.
It was a trap, pure and simple, created by Wall Street and now being relentless enforced by non-creditors who take advantage of the fact that investors want no part of any claim against homeowners. Investors know that there are legitimate counterclaims, affirmative defenses and defenses. They know they can’t answer discovery without giving away the case. So now we have sharks (pretenders) swimming in for a feeding frenzy because nobody else came to the party.
Comptroller of the Currency
Administrator of National Banks
1301 McKinney Street,
Suite 3450.
Houston, Texas
77010-9050
Fax: 713-336-4301
October 3, 2011
Re: Case No. 01615287 and 01406372
WELLS FARGO BANK, NA
BARRY S FAGAN- Complainant/Plaintiff
Los Angeles Superior Court Case SC112044
SUPPLEMENTAL EVIDENCE OF BANK AND APPRAISAL FRAUD
A.VIOLATIONS OF THE OCC CONSENT ORDER DATED APRIL 2011
B. VIOLATIONS OF THE FEDERAL RESERVES $ 85,000,000 CONSENT DECREE AGAINST WELLS FARGO FOR BANK EMPLOYEES FALSIFYING BORROWERS LOAN APPLICATION INCOME AND INFORMATION.
Dear Mr. Chandler:
I am in receipt of your letter dated September 6, 2011 and wish to further supplement my file with additional evidence of bank and appraisal fraud.
Attached hereto and made a part hereof are Exhibits A through H, all of which have been filed with the Superior Court of Los Angeles CASE NUMBER SC112044, and have now become a public record.
Contained within those exhibits, is evidence of a fraudulent loan application, appraisal fraud and a Declaration of Default (Section 2923.5 violation), perjury and continued violations of your own OCC regulatory rules, regulations and Consent Orders.
Kindly review these exhibits to see that Wells Fargo Bank continues to Verify under penalty that which can be easily proven as untrue.
The evidence to prove that my loan application was indeed falsified is compelling as:
I have already verified under penalty of perjury in my July 15, 2011 First Amended Complaint, that I did not fill out any of the information in my loan application, nor see the loan application that was submitted to the underwriters by Wells Fargo private banker Dalia Warren. I verify that no income information was given to Wells Fargo Bank by me and that the alleged 2007 loan was a Stated Income Loan that did not require any income to be verified. I verify that I have never met Dalia Warren, a private banker at Wells Fargo Bank. I verify that Dalia Warren stated a false income on my loan application, a false marital status on my loan application, a false purchase date and purchase price on my loan application and a false statement concerning that my home was not held in trust at the time of the 2007 loan.
I verify that I signed an IRS form which gave Wells Fargo Bank permission to pull my income tax returns but that Wells Fargo Bank Never in fact did so. I verify that on July 20, 2011, Wells Fargo Bank was fined $ 85,000,000 by the Board of Governors for the Federal Reserve for having their employees prepare loan applications on behalf of their clients with false and inflated incomes. Even the application itself states that the borrower (me) was given no access to it, nor was I privy to any amendments made to it. The Loan Application itself states that $ 775,000 was applied for and yet Wells Fargo approved $ 1,000,000 without any regard to proper underwriting standards or guidelines. See Exhibits C & D.
Moreover, Wells Fargo Bank’s May 11, 2011 Response to the OCC’s own inquiries concerning this subject loan contain false and inconsistent statements concerning income, debt to service ratios, loan to value, and CLTV.
See Exhibit B.
Exhibit A is perhaps the most egregious as that document was used to set in motion this entire illegal non-judicial foreclosure. The Notice of Default Declaration was UNSIGNED by anyone known and in fact was signed by WELLS FARGO BANK. See Exhibit A.
This is an absolute legal impossibility, as an individual is required to sign on behalf of Wells Fargo Bank and this blatant California Civil Code Section 2923.5 violation should have been enough for the alleged Substituted Trustee TD SERVICE COMPANY to conduct further Due Diligence before illegally recording a Notice of Default on my primary residence. Section 2924 cannot possible provide TD Service Company with privilege when they failed to act with impartiality and minimal levels of due diligence. See Exhibit A and also:
1. Kerivan v Title Insurance Insurance and Trust Company (1983) 147 Cal. App. 3d. 225, 229:
2. Bank of Seoul and Trust Company v Marcioni (1988)198 Cal. App 3d 113, 119;
3. Hatch v Collins (1990) 225 Cal. App. d 1104,1113;
4. Woodworth v. Redwood Empire Savings and Loan Association (1971) 22 Cal. App. 3d 347, 366;
THIS IS A CRISIS! In California between 9,000 and 18,000 Foreclosed homes are confiscated EACH MONTH by the banking industry (Information available at http://www.foreclosureradar.com/california- foreclosures). The broadcast news media, newspaper and numerous periodicals have raised public awareness that over ninety-nine percent of these confiscated homes have been and will continue to be acquired by fraudulent means. The small percentage of homeowners who rely upon the California trial courts for protection under express laws are in most cases met with abuse of discretion. This crisis of massive California homeowner exile has been by the hand of the trial courts who are presumed to be under oath to stand as guardians of law, equity and substantial justice to prevent the very travesty of justice they continue to support. The Judicial Council of California/Administrative Office of the Courts drew the line to insure the rights of those who stood on there right to equal protection under the laws would have issues of title, fraud and due process heard by an impartial judiciary. Presently, in any proceeding dealing with foreclosure issues, the trial court merely presides over a bank tribunal. In constructing the non-judicial foreclosure statute(s) Cal. Civil Code 2924, was the intention of the California Legislature to abrogate provisional access to power of sale by private agreement, which abrogation is prohibited under Article 1 Section 10 of the U.S. Constitution, in favor of statutory access to power of sale to empower statutory non-judicial foreclosure whereby is created a statutory waiver of due process prohibited under the Fourteenth Amendment?
Exhibits E, F and G all show just how James Ebert of EBERT APPRAISAL SERVICE INC. falsely and fraudulently inflated the value of my residence in 2007 to $ 2,100,000, when Wells Fargo’s second and third appraisals for my residence reflected $ 1,150,000 in December 2009 and $ 1,185,000 in January 2011. These two appraisals estimated the value of Plaintiff’s home to be $ 1,150,000 and $ 1,185,000 which was nearly $ 1,000,000 less than the Defendant Ebert Appraisal Service Inc.’s May 16, 2007 appraised value of $ 2,100,000. Such a decline in value was not based on market conditions alone but is further compelling evidence of the fraudulent appraisal performed by Ebert Appraisal Service Inc., and knowingly used by Wells Fargo Bank as a means to get me to increase my debt load on the property without having the true market value reflected from which to base my decision upon. But for this fraud and inducement defendant Wells Fargo Bank and Ebert Appraisal Service Inc., I would never have exposed my “Property” to such risk.
Exhibit H is a Court Order dated September 9, 2011 against Wells Fargo Bank for Discovery Abuse with Sanctions which is further evidence that Wells Fargo Bank is continuing to Violate the OCC’s April 2011 Consent Order.
So I continue to write to the regulatory authority that supposedly enforces and promulgates rules for National Banks to follow, and submit both evidence and allegations of fraud.
I believe if my case is reviewed at the highest levels, the OCC can indeed do something to prevent fraud rather than in my opinion harbor it.
Kindly forward this evidence to California Attorney General Kamala Harris’ office so that they too can review these exhibits for possible State prosecution of these fraudulent and criminal acts.
Sincerely,
Barry S. Fagan Esq.
Malibu, CA 90265
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: appraisal fraud, bankruptcy, borrower, countrywide, disclosure, FAGAN, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND 
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FINALLY: HERE COMES THE OUTRAGE — 700 Arrested
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EDITOR’S COMMENT: The media treated it as a joke, but now the Occupy Wall Street movement is obviously far larger than the “200 or so” protestors” previously reported, since they now admit that 700 were arrested. Similar actions are springing up around the country — people fed up with the banks that control the levers of power in Washington and State Capitals. The precedent for these protests began in other places around the world where the people are not nearly as afraid of their government as they are in this country. The response is predictable: change from politicians who want to keep their jobs.
The protest is peaceful and it is organized and contrary to the opinions of some pundits, the message is pretty clear — hold the megabanks accountable for what they did to the financial systems, to homeowners around the world (similar protests are rising in Greece, Spain and Hungary), to investors around the world who still don’t know exactly what hit them (because they get their information from the same banks that stole their purse), for what they did to our government, our budgets and our society.
How interesting it is that they were ignored when it did not appear to be getting much traction. And now that the traction is apparent, they are getting arrested. I can’t predict how far this will go, but I CAN say how deep and wide this discontent has spread. I speak to people of every political view, every ideology, and every religious belief. I speak to people who still think that a debt is a debt and should be paid.
And of course mostly I speak with people who were hit, just as the investors were hit, by a bus carrying Wall Street fat cats on their way to their electronic bank accounts where the money from the bailout, insurance, and the proceeds from other “credit enhancements’ is resting comfortably “off balance sheet” while the rest of us suffer from the consequences of their unaccountable atrocities.
The most common thread amongst all the people I speak with is the feeling that what Wall Street did was worse than any terrorist attack we have suffered. People from other countries consider what this country’s government did to have been an attack on their societies. In other words, the mega banks are not just mistrusted, they are hated in a way that moves people to action. So I expect that more and more people are thinking about why they don’t have a job, why they are underemployed, why they need 2-3 incomes to survive, why their home is being taken away even though the debt was paid by exotic Wall Street maneuvers, and why their prospects are bleak.
As in past historic cycles and changes, the need for change is always expressed by the collective voice of its people who do not allow different political ideologies to thwart them from joining forces against a common enemy. The arguments over ideology can wait for a time when society is back to normal nuances in opinion as to social issues. In the meantime, it is time for action and the Wall Street Occupation is one manifestation of that transcendent moment when the efforts to divide us fail and we throw the bums out.
Police Arrest More Than 700 Protesters on Brooklyn Bridge
By AL BAKER, COLIN MOYNIHAN and SARAH MASLIN NIR-
Robert Stolarik for The New York Times
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Robert Stolarik for The New York Times
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Ozier Muhammad/The New York Times
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Robert Stolarik for The New York Times
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Ozier Muhammad/The New York Times
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Ozier Muhammad/The New York Times
Updated, 1:23 p.m. Sunday | In a tense showdown above the East River, the police arrested more than 700 demonstrators from the Occupy Wall Street protests who took to the roadway as they tried to cross the Brooklyn Bridge on Saturday afternoon.
The police said it was the marchers’ choice that led to the enforcement action.
“Protesters who used the Brooklyn Bridge walkway were not arrested,” Paul J. Browne, the chief spokesman for the New York Police Department, said. “Those who took over the Brooklyn-bound roadway, and impeded vehicle traffic, were arrested.”
But many protesters said they believed the police had tricked them, allowing them onto the bridge, and even escorting them partway across, only to trap them in orange netting after hundreds had entered.
“The cops watched and did nothing, indeed, seemed to guide us onto the roadway,” said Jesse A. Myerson, a media coordinator for Occupy Wall Street who marched but was not arrested.
A video on the YouTube page of a group called We Are Change shows some of the arrests.
Around 1 a.m., the first of the protesters held at the Midtown North Precinct on West 54th Street were released. They were met with cheers from about a half-dozen supporters who said they had been waiting as a show of solidarity since 6 p.m. for around 75 people they believed were held there. Every 10 to 15 minutes, they trickled out into a night far chillier than the afternoon on the bridge, each clutching several thin slips of paper — their summonses, for violations like disorderly conduct and blocking vehicular traffic. The first words many spoke made the group laugh: all variations on “I need a cigarette.”
David Gutkin, 24, a Ph.D. student in musicology at Columbia University, was among the first released. He said that after being corralled and arrested on the bridge, he was put into plastic handcuffs and moved to what appeared to be a Metropolitan Transportation Authority bus, along with dozens of other protesters, for over four hours. They headed first into Brooklyn and then to several locations in Manhattan before arriving at the 54th Street precinct.
Men and women had been held separately, two or three to a cell. A few said they had been zip-tied the entire time. “We sang ‘This Little Light of Mine,’ ” said Annie Day, 34, who when asked her profession said, “I’m a revolutionary.” Ms. Day was wearing laceless Converse sneakers: police had required the removal of all laces as well as her belt. She rethreaded them on the pavement while a man who identified himself as a lawyer took each newly freed person’s name.
None of the protesters interviewed knew if the bridge march was planned or a spontaneous decision by the crowd. But all insisted that the police had made no mention that the roadway was off limits. Ms. Day and several others said that police officers had walked beside the crowd until the group reached about midway, then without warning began to corral the protesters behind orange nets.
Sarah Maslin Nir for The New York TimesBrett Wolfson-Stofko, center, ran through a line of cheering supporters after being released from the Midtown South Precinct in Manhattan.The scene outside the Midtown South Precinct on West 35th Street around 2 a.m. was far more jovial. Only about 15 of the rumored 57 people had been released, but about a dozen waiting supporters danced jigs in the street to keep warm. They snacked on pizza. One even drank Coors Light beer, stashing the empty bottles under a parked police van. When a fresh protester was released, he or she ran through a gantlet formed by the waiting group, like a football player bursting onto the field during the Super Bowl. “This is so much better than prison!” one cheered.
“It’s cold,” said Rebecca Solow, 27, rubbing her arms as she waited on the sidewalk, “but every time one is released, it warms you up.”
The march on the bridge had come to a head shortly after 4 p.m., as the 1,500 or so marchers reached the foot of the Brooklyn-bound car lanes of the bridge, just east of City Hall.
In their march north from Zuccotti Park in Lower Manhattan — headquarters for the last two weeks of a protest movement against what demonstrators call inequities in the economic system — they had stayed on the sidewalks, forming a long column of humanity penned in by officers on scooters.
Where the entrance to the bridge narrowed their path, some marchers, including organizers, stuck to the generally agreed-upon route and headed up onto the wooden walkway that runs between and about 15 feet above the bridge’s traffic lanes.
But about 20 others headed for the Brooklyn-bound roadway, said Christopher T. Dunn of the New York Civil Liberties Union, who accompanied the march. Some of them chanted “take the bridge.” They were met by a handful of high-level police supervisors, who blocked the way and announced repeatedly through bullhorns that the marchers were blocking the roadway and that if they continued to do so, they would be subject to arrest.
There were no physical barriers, though, and at one point, the marchers began walking up the roadway with the police commanders in front of them – seeming, from a distance, as if they were leading the way. The Chief of Department Joseph J. Esposito, and a horde of other white-shirted commanders, were among them.
Ozier Muhammad/The New York TimesPolice secured some protesters’ hands with plastic ties.After allowing the protesters to walk about a third of the way to Brooklyn, the police then cut the marchers off and surrounded them with orange nets on both sides, trapping hundreds of people, said Mr. Dunn. As protesters at times chanted “white shirts, white shirts,” officers began making arrests, at one point plunging briefly into the crowd to grab a man.
The police said that those arrested were taken to several police stations and were being charged with disorderly conduct, at a minimum. A police spokesman said some protesters — mostly those without identification — were still “going through the system” late Sunday morning.
A freelance reporter for The New York Times, Natasha Lennard, was among those arrested. She was later released.
Mr. Dunn said only people at the very front could hear the warning, and he was concerned that those in the back “would have had no idea that it was not O.K. to walk on the roadway of the bridge.” Mr. Browne said that people who were in the rear of the crowd that may not have heard the warnings were not arrested and were free to leave.
Earlier in the afternoon, as many as 10 Department of Correction buses, big enough to hold 20 prisoners apiece, had been dispatched from Rikers Island in what one law enforcement official said was “a planned move on the protesters.”
Etan Ben-Ami, 56, a psychotherapist from Brooklyn who was up on the walkway, said that the police seemed to make a conscious decision to allow the protesters to claim the road. “They weren’t pushed back,” he said. “It seemed that they moved at the same time.”
Mr. Ben-Ami said he left the walkway and joined the crowd on the road. “It seemed completely permitted,” he said. “There wasn’t a single policeman saying ‘don’t do this’.”
He added: “We thought they were escorting us because they wanted us to be safe.” He left the bridge when he saw officers unrolling the nets as they prepared to make arrests. Many others who had been on the roadway were allowed to walk back down to Manhattan.
Mr. Browne said that the police did not trick the protesters into going onto the bridge.
“This was not a trap,” he said. “They were warned not to proceed.”
In related protests elsewhere in the country, 25 people were arrested in Boston for trespassing while protesting Bank of America’s foreclosure practices, according to Eddy Chrispin, a spokesman for the Boston Police Department. The protesters were on the grounds and blocking the entrance to the building, Mr. Chrispin said.
Mayor Michael R. Bloomberg, speaking briefly before marching in the Pulaski Day Parade in Manhattan on Sunday, also defended the police’s actions.
“The police did exactly what they were supposed to do,” the mayor said, noting that those who march without the city’s permission would continue to get summonses. “It’s very easy to get a permit,” he added.
As the morning wore on, Zuccotti Park had the hallmarks of Sundays the world over. There was brunch: someone had donated bagels and lox. There was the morning paper: protesters who had camped for the night read the self-published newspaper “The Occupied Wall Street Journal,” some snuggled the metallic blankets usually worn by marathon runners. One man brushed his teeth without water, standing up.
The scene was largely quiet, save a man in a fedora freestyle rapping with drummers in the east corner of the park. Many of those who had been arrested returned at about 3 a.m. to a heroes reception, said Rick DeVoe, 54, from East Hampton, Mass. They were sleeping in.
“It’s not always at a fever pitch,” Mr. DeVoe said. “It’s not easy sleeping out, it’s not easy going to jail.”
Quiet political discussions continued around the sleepers. One woman gave a pep talk to what looked like a new recruit. “It’s about taking down systems, it doesn’t matter what you’re protesting,” she said. “Just protest.”
Some tourists wandered in between the makeshift beds and volunteers sweeping up cigarette butts. A man visiting from Virginia and his 4-year-old son snapped photos, as did an elderly couple passing through.
Natasha Lennard, William K. Rashbaum and Elizabeth A. Harris contributed reporting.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, Occupy wall Street, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WALL STREET OCCUPATION, WEISBAND 
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