It Happened To Us
Montana Legal Documents
Disputed 2010 Assignment from Wells Fargo to HSBC
Executed April 12, 2010
HSBC Bank has not established or proven standing.
HSBC Bank presented and has relied upon two different assignments
from Wells Fargo to establish standing. Both are
unlawful, fraudulent and invalid. Neither lawfully establishes ownership
or holdership in any way. One cannot assign the same thing twice. The
fact Wells Fargo tried is indicative of fraud....
Assignment 1 is invalid and unlawful and cannot be relied upon
to establish standing.
The assignment from Wells Fargo dated April 10, 2010, was fraudulently executed and
unlawfully notarized in Washington. It was executed outside of the presence of a
notary with a post-dated acknowledgment of April 12, 2010. This
constitutes notary fraud.
It was robo-signed by Jeff Stenman of Northwest Trustee Services as
Attorney In Fact for Wells Fargo. This assignment allegedly assigned any
and all of Wells Fargo's beneficial interest into a closed Trust. The
title included with the Trust does not comply with the wording
requirements on the Trust. See below.
Interesting note: The firm representing HSBC is RCO Legal.
Stephen Routh of RCO Legal and Routh, Crabtree, and Olson, P.S., is the CEO of
Northwest Trustee Services. Conflict of interest?
fraus
ominia vitiates – fraud vitiates everything
By fact, law and trust guidelines, both assignments are invalid and fraudulent and cannot be relied upon to establish standing. Wells Fargo did not have beneficial interest at the time of execution for either of these
assignments. Based on the Plaintiff’s caption on the complaint, HSBC
Bank indicates they are the TRUSTEE FOR WELLS FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-7 trust. If
our mortgage (loan) is part of this Mortgage Backed Securities
Trust, then Wells Fargo Bank, N.A. could not have had any ownership or
beneficial interest in our Note and Mortgage to assign at the time they allegedly assigned
these documents to HSBC Bank. Wells Fargo would have already had to sell,
assign, or otherwise transfer all of their interest in our Note and Mortgage to
Wells Fargo Asset Securities Corporation (the depositor) for deposit
into the Trust before it closed in 2007. Assigning interest of the
Note and Mortgage to HSBC after the closing date of the Trust is forbidden by law and trust guidelines. Introducing new assets into the trust would have compromised the REMIC status
of the Trust and violated IRS and SEC
compliance laws and regulations. Thus, it is and illegal and a void act.
Therefore, both
assignments are, and must be, fraudulent and an attempt to forge beneficial interest in the county records. If any claims the loan is in the Trust are valid, Wells Fargo Bank, N.A., had no legal
interest in the Note or Mortgage at the time of these assignments to assign. If not, HSBC Bank and their accomplice Wells Fargo are violating IRS and SEC laws and
regulations regarding the tax exempt status of the trust. Again, this is an impossibility and illegal action by law and trust guidelines. An illegal
action cannot be used as proof of ownership. Clearly, not only were the
two assignments fraudulent because of their timing, but they were
fraudulent because of their content and signatures as well. Therefore, for valid legal reasons, neither can be relied upon to prove ownership. This leaves HSBC Bank with a lack of standing to enforce the provisions of the
contract and the foreclosure complaint has no merit and should have been dismissed.