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Wells Fargo Bank Sues Itself

Extreme economic problems require extreme solutions, and Wells Fargo Bank has come up with a good one. They have decided to sue themselves. Wells Fargo holds the first and second mortgages on a condominium that is going into foreclosure. As holder of the first, they are suing all other lien holders, including the holder of the second, which is Wells Fargo. It gets better. The company has hired a lawyer to defend itself against its own lawsuit. The defense lawyer even filed this answer to the complaint, "Defendant admits that it is the owner and holder of a mortgage encumbering the subject real property. All other allegations of the complaint are denied." On the website The Consumer Warning Network, Angie Moreschi wrote: "We've apparently reached the perfect storm for complete and utter idiocy by some banks trying to foreclose on homes."

4 of 445 comments (clear)

  1. Not only act of idiocy by Coldeagle · · Score: 5, Interesting

    I'm currently in the process of purchasing a property owned by Wells Fargo, and I'm also using Wells Fargo for the mortgage. Honestly, I'm getting messages from the company that's servicing the property that the seller wants the deal closed as soon as possible, and that I need to pressure the lender! I mean honestly, this and the example listed here are a perfect example of how a bank can get so large that they can't even deal with themselves. Who would have thunk a fictitious person could develop schizophrenia!

  2. Crazy like a fox by russotto · · Score: 4, Interesting

    From another article on the same subject http://www.doomers.us/forum2/index.php?action=printpage;topic=48933.0

    Attorney McKillop explains that to avoid suing itself a lender would typically release the lien against the property after the foreclosure goes through. By suing itself, the company avoids the step of having to file that additional paperwork. That, in effect, speeds up the time it takes to sell the property after foreclosing.

    (McKillop represents the real defendant, the homeowner).

    Seems like this is just a procedural trick to get the second lien dismissed during the original foreclosure case. Apparently Wells Fargo thinks it's worth paying an extra lawyer rather than having to wait for the voluntary release of the lien to go through. Pretty silly, but it is _Florida_ law at issue, after all...

  3. Re:Eh by Todd+Knarr · · Score: 5, Interesting

    They could, except that then other lienholders could scream "Preferential treatment!" and delay things or force Wells Fargo to give them preferential treatment too. Remember that if WF succeeds in this action, all those other subsidiary lienholders will end up holding worthless paper, and WF doesn't want to give them anything they can use against WF. If WF treats itself exactly the way it treats the others and follows exactly the same procedures, that takes away one thing those other lienholders can use to try and derail the proceeding.

  4. Re:You can Do that? by Majik+Sheff · · Score: 4, Interesting

    Wells Fargo has made so much money charging their customers fees (I think there might be a fee for fee processing) that they not only didn't need to take bailout money, they can afford to build a nice shiny corporate office with heated sidewalks. HEATED SIDEWALKS.

    When I found out that my bank was being bought by Wells Feego I changed banks. When I went in to close the account, they asked why. When I told the teller it was because of the impending transfer she told me she was planning on quitting on the day of the changeover.

    A good friend of mine worked in their credit card department for a very short while, he had to quit because he wasn't getting any sleep.

    I hope W.F. sues itself into oblivion. This is one time I'll actually cheer for them to win a lawsuit. Let's go for quadruple damages while we're at it and see to it that the lawyers get an 80% fee on the proceeds.

    --
    Women are like electronics: you don't know how damaged they are until you try to turn them on.