How exactly do the note endorsement processes described in Wells Fargo’s controversial HomeMortgage Foreclosure Attorney Procedure Manualwork?
On March 12, The Post broke the news of this manual and allegations in court papers by attorney Linda Tirelli that the document provides detailed procedures to fabricate foreclosure papers on demand. Wells Fargo denied the allegations.
Now a federal judge wants the nation’s largest mortgage servicer to shed further light on the procedures described in the manual, and how it may have been used in the case of Westchester resident Cynthia Carssow-Franklin.
In an extraordinary move, Judge Robert Drain reopened discovery in the case, which had already gone to trial. At a May 21 hearing in White Plains, Judge Drain ordered Wells Fargo to produce the version of the manual in effect in 2010 when it filed a proof of claim. Carssow-Franklin filed for bankruptcy to halt foreclosure on her home.
Tirelli has challenged the assignment of mortgage and endorsement of the note, documents that transfer ownership when a loan is sold.
At the hearing, attorney David Dunn said the bank’s note endorsement process “relates to the endorsement by Wells Fargo of notes that are payable to Wells Fargo.”