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There are allegations of a conspiracy to perpetrate an IRS tax evasion scheme (REMIC violations). Take note: New Century Mortgage and Home123 Corporation had their own set of employee-notaries, all of whom were commissioned in the State of California. You can go to the Secyt. Of State of California website and pull the Notary Guidebook for the year your Mortgage or Deed was assigned and notarized by one of their notaries. This particular set of notaries were allegedly instructed to NOT comply with California notary laws when they did their notarizations and they did not make any entries in their notary journals as proscribed by California notary laws. These documents were recorded in county recorder offices around the USA. The recommendation is to seek competent counsel. If you are interested in the case you can go into PACER, the federal court portal, and read. Use the case number above and select Delaware. The docket has over 11,000 entries now. The big banks were up in the case earlier (lower number docketed items) and the pro se are the more recent docket entries. Some pro se have filed APs (Adversary Proceedings, which are lawsuits within the bankruptcy). The APs would have different case numbers. Some to look for are Leslie Marks, Ralph White, Christine Konar, Anita Carr, Helen Galope, Pierre Augustin, El Veasta Lampley. Other pro se who have claims in that court are Kimberly Cromwell (Simonee), Karan Russell, Dan Welty, Alfred Silva, Janet Longho and others. Mary Guinto and the Mark Fraziers also settled. Even though the bankruptcy has been ongoing since 4-2-2007, the New Century Liquidating Trust publishes financial statements each quarter and still has millions in income. It also pays to the appointed trustees attorneys fees of up to $300,000 per month in some months. When pro se travel back to Delaware for an evidentiary hearing, the number of attorneys which show up in court is usually 7-- To litigate against one single pro se homeowner. This is the case over and over. Those attorneys are billing at hundreds of dollars, if not thousands, per hour. AND the same NY law firm now representing the NC Liquidating Trust also had prior represented some of the bank creditors! Of great interest is the subpoena docket entry 11101 filed 3/15/2013. You should read it. Most recently the New Century Liquidating Trust went on a campaign to try to abandon and destroy mortgage loan files and documents and other data which homeowners may require as discovery in order to fight the fraud and foreclosures and to clear their clouded titles. Some pro se fought hard in that court to try to preserve their data, files and documents from being destroyed. Folks not involved in the bankruptcy up there, should consult their attorneys as their data, files and documents may be very close to being destroyed. Disclaimer: I am not an attorney and not offering legal advice or services. The above is my opinion and is for educational purposes only. It should not be used as the basis for any legal claim or filing. Always consult a competent attorney in the correct jurisdiction.
MARY ELLEN WOLF AND DAVID WOLF, on behalf of themselves and all others similarly situated, v. WELLS FARGO, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, TOM CROFT, NEW CENTURY MORTGAGE CORPORATION, AND CARRINGTON MORTGAGE SERVICES, LLC.
A. Factual Background
Wells Fargo Bank, N.A. (Wells Fargo) is serving as trustee of the Carrignton Mortgage Loan Trust Series 2006-NC3 (2006-NC3 Trust). As trustee, Wells Fargo is responsible for the assets that are allegedly held in the trust. According to McDonnells expert analysis, there is no evidence in the record showing the Wolfs Note and Security Instrument were properly negotiated, delivered, or transferred to all necessary parties in the securitization chain. This is required under the mortgage loan purchase agreement and the Pooling and Servicing Agreement (P&S Agreement) in order to convey these instruments into the 2006-NC3 trust. There are fatal breaks in the chain of title which indicates these instruments were never transferred into 2006-NC3 Trust. In McDonnells expert opinion, Defendant Wells Fargo is not the current owner and holder of the Wolfs Note and Deed of Trust. [...]