Tag Archives: TRO

Call to Arms: Wells Fargo Class Action possible on Mortgage Servicing/Holder-in-Due Course Fraud, Securitization issues?

FEDERAL CASE AGAINST WELLS FARGO

Currently I am the sole Plaintiff in a lawsuit against Wells Fargo in US District Court in Boise Idaho. The suit, like many of the others I write, is for Quiet Title to my property located in Caldwell Idaho. My assistant, Peyton Freiman, took it to the Court for filing in September along with an Application for Temporary Restraining Order, regarding which the Court immediately ordered a three hour hearing set for October 28, 2009.  Usually the decision on whether or not to grant a TRO is made in a manner of minutes in chambers. But, on this particular occasion, given the current economic climate, distrust of banks and maybe the individual language used in my pleadings I have been given a great deal of time to make my case for injunctions against Wells Fargo as we continue onward into Discovery and finally a trial. Hopefully this is a Court that realizes the seriousness of the matter and is giving me more time as a result, not simply a scare tactic to make me have second thoughts. Either way, I plan on being as prepared as ever to argue the issues in my pleadings.

I realize that this is a great opportunity and extend the option to anyone reading this who also has a loan out with Wells Fargo to intervene and join as a co-plaintiff in this case in Idaho. It would be a great strategic advantage  to have a massive list of Plaintiffs going into this hearing to give added weight to my words and possibly gain class action certification as a result.  To obtain certification under Rule 23 of the Federal Rules of Civil Procedure, there has to be at least one claim and issue regarding which all class members have identical claims. They have gotten very strict about that recently, it seems.  So class action status as a co-plaintiff we would need to talk about what issues there are in common and whether we can make identical claims for damages, injunction, or declaratory judgment.   In other words, there’s a difference in drafting issues of a different kind here: tailored issues for class certification and designation of one representative as “typical.”  We will also have to get a lawyer representing everyone’s claims in this action.  There is nothing specific in Rule 23 that says you have to have a licensed attorney.  Rule 23(a)(4) requires that “the representative parties will fairly and adequately protect the interests of the class, while Rule 23(c)(2)(B)(iv) states that “a class member may enter an appearance through an attorney if the member desires.  Almost decision I have seen, however, requires that a class be represented by a licensed attorney and I’m not sure this is the place to try to challenge that issue, although it may be.  I’m open to discussion on that point.  The Court’s discretion to impose the requirement of a licensed attorney springs from Rule 23(d) (1)(C) “In conducting an action under this rule, the court may issue orders that….impose conditions on the representative parties or on intervenors.”

For the time being, and I’m writing this as of September 30, 2009: I issue this “Call to Arms”—Will everyone who believes they have been defrauded by Wells Fargo in regard to the servicing or modification of a mortgage note or mortgage contract signed after January 1, 2000, or who particularly believes that Wells Fargo is no longer the “holder in due course” of their note, or has otherwise acted in a manner inconsistent with “privity of contract” contact me through Robert Ponte at 860-599-5557?  It would be easier to start out with people in the Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and American Samoa, but we have another anchor state in Florida and still others in Massachusetts, Maryland, and Michigan where parallel actions could be filed.

I’d ask this:  I am working on the lawyer, are you, dear reader, willing to work with me?  If you want to know more I am willing to forward on the complaint, essentially the damages are “holder in due course” issues, which I talk about frequently on this blog. In short, if you think that somehow you and I don’t share the same kind of damages or allegations of material fact please think again: we are ALL being duped by big banks who have no idea where our original notes are. So, think about it and contact me if you wish,

CEL III