Daily Archives: June 29, 2014

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Phish Labs dogs IndyBay.org over Wells Fargo internal documents

Phish Labs dogs IndyBay.org over Wells Fargo internal documents

Bingo!!!!!!

It’s interesting that PhishLabs would go after IndyBay.org, rather than the bright individuals at Wells Fargo that posted the 150 page internal memo on-line that appears to be a how-to-guide that teaches lawyers step-by-step how they can fabricate missing documents that are needed to foreclose on homeowners!

Phish Labs dogs IndyBay.org over Wells Fargo internal documents 

By Lynda Carson — June 28, 2014 

San Francisco — John Lacour of Phish Labs is dogging “IndyBay.org” over a 150 page Wells Fargo Foreclosure Manual that was attached to a lawsuit filed against Wells Fargo in a court case involving Cynthia Carssow Franklin. The case is also known as Bankruptcy Petition #: 10-20010-rdd, and was filed in court by a tenacious attorney named Linda Tirelli. 

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In a 3/21/2014 Democracy Now interview, Amy Goodman asked Linda Terilli if she can describe this manual, and how she got it and what it reveals. 

Linda Terilli said, “Absolutely. The manual that I have, it’s actually entitled the “Wells Fargo Home Mortgage Foreclosure Attorney [Procedure] Manual, Version 1.” And it says on it that it’s last published 2/24/2012. Mind you, the national mortgage settlement agreement was announced a week prior, on 2/19/2012.” 

“The way I obtained it, it was actually sitting right there on the Internet, of all things. A colleague of mine, through a Max Gardner’s Bankruptcy Boot Camp, which I am a member, an active member, gave it to me and said, “Hey, I found this online, and I know you’re doing a lot of Wells Fargo cases. Maybe you can use this.” 

“Reading it, my jaw just dropped. As I see it, it’s clearly outlining procedures, not just for the $12-an-hour robo-signers that we’ve heard about all these years, but for the lawyers, who need to be held accountable to a much higher degree. It’s the manual for the lawyers to actually fabricate documents, as I see it, and request that documents that are lacking be fabricated by Wells Fargo. It’s absolutely appalling.” 

JUAN GONZÁLEZ asked: “You also, one of your cases, came across a document which was purportedly from an official of Washington Mutual Bank in 2010, but Washington Mutual didn’t exist in 2010, because it had collapsed back in 2008.” 
LINDA TIRELLI replied: “2008, that’s right. That document was signed by Mr. John Kennerty in—who works for Wells Fargo, or worked for Wells Fargo at the time. And in this procedure manual, there’s actually a procedure for obtaining what’s called an assignment of mortgage, OK? So, basically, as I’m reading this procedure, it’s saying, “Gee, if you need an assignment, the attorney should request it through the document department, and then, magically, one will appear for you.” And that’s exactly what we’re seeing. The people that work for Wells Fargo in these various departments, when they receive a request from an attorney, they take that as permission to actually sign something, without doing any research whatsoever. How is it, as you point out, we had anything assigned from in a company that ceased to exist two years prior? It just simply makes no sense. That document’s fabricated. And in that particular case, I will point out, the judge actually deemed that document to be a fraudulent document on record.” 

An article about the 150 page internal Wells Fargo Foreclosure Manual appeared on the IndyBay.org website back on 3/22/2014 that included a link to the Wells Fargo Foreclosure Manual. 

Now here comes Phish Labs. Phish Labs claims to be a leading provider of cybercrime protection and intelligence services that defend against online cyber attacks, and recent emails from Eric George, Marnie King, and Israel Perez of Phish Labs to IndyBay.org during the month of June 2014, are all requesting that the links to the 150 page Wells Fargo internal document be removed from the Indy.bay.org as soon as possible. 

The links to these same documents can also be found on websites with news articles with Democracy Now, the New York Post, Washington Post, and numerous other media sites all across the nation. It is not clear if Phish Labs is also dogging other media outlets to demand that the links be removed from their websites. 

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BNP Paribas should be prohibited payments in dollars in oil and gas for a year

BNP Paribas should be prohibited payments in dollars in oil and gas for a year

The United States had threatened BNP Paribas a broad restriction of its operations in dollars, in the case of the violation of U.S. embargoes on Iran , the Sudan andCuba . But according to information from the World , the French bank will scoop a much more limited than expected sanction, in addition to a fine of $ 8.9 billion (€ 6.5 billion) unveiled by the New York Times Friday, June 27 .

As part of the agreement to be unveiled Monday, June 30 by the Justice American, BNP Paribas is expected to see banned for a year, to make dollar payments on behalf of traders in oil and gas.

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BlackRock receives Wells notice from SEC

BlackRock receives Wells notice from SEC

FYI, Wells notice is a letter that SEC ends to companies when it is planning to bring an enforcement action against them.

NEW YORK (MarketWatch) — BlackRock Advisors has received a Wells notice from theSecurities and Exchange Commission, it was revealed in an 8k filing on Friday. The Wells notice was sent after the SEC staff decided to recommend action against the company, as first reported by Bloomberg. BlackRock announced that the portfolio manager in question, Daniel J. Rice III, no longer works for the company’s energy and resources portfolio. Rice retired from the world’s biggest asset manager in 2012 to address any perception of a potential conflict of interest as a result of his personal investments and involvement in a family business, Rice Energy LP and related entities, according to the filing. No improper trading happened within the portfolios that Rice managed, BlackRock said. BlackRock has been cooperating with the SEC on the investigation into the matter. On June 17, BlackRock received a Wells notice indicating the SEC staff had taken the preliminary view the asset manager’s disclosures related to the situation, and its policies and procedures, were inadequate, according to the filing. The company stated it does not expect any resolution of the matter to have a material adverse effect on its financial results or operations. 

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BP : Ex-BP executive can be charged with obstructing Congress: U.S. court

BP : Ex-BP executive can be charged with obstructing Congress: U.S. court

(Reuters) – A U.S. federal appeals court has reinstated a criminal charge of obstruction of Congress against a former BP Plc executive accused of downplaying the severity of the 2010 Gulf of Mexico oil spill.

The 5th U.S. Circuit Court of Appeals in New Orleans on Friday said a lower court judge misinterpreted the obstruction statute in dismissing the charge against David Rainey, a former BP exploration vice president.

Rainey was also charged with making false statements to law-enforcement agents, which was not at issue in the government’s appeal. He has pleaded not guilty.

The April 20, 2010, explosion of the Deepwater Horizon rig led to 11 deaths and the largest U.S. offshore oil spill.

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Wells Fargo wants Indybay.org disabled as soon as possible

Wells Fargo wants Indybay.org disabled as soon as possible

lol.. Of course, this has to do with Wells Fargo foreclosure manual floating around the internet which led to a bankruptcy case to be reopened again and have the bankruptcy judge questioning the bank….. 

Wells Fargo, a client of PhishLabs Security Operations, wants the “Wells Fargo foreclosure manual” removed from Indybay.org as soon as possible.

On March 12, 2014, the New York Post reported, “Wells Fargo, the nation’s biggest mortgage servicer, appears to have set up detailed internal procedures to fabricate foreclosure papers on demand, according to allegations in papers filed Tuesday in a New York federal court.” 

On March 17, 2014, The Washington Post published Wells Fargo’s 150-page manual to attorneys for fabricating foreclosure papers. The Post states, “Wells Fargo created an elaborate guide for how to produce missing documents to foreclose on homeowners, according to a lawsuit that has caught the attention of state and federal regulators.” 

The Wells Fargo manual is marked as “Foreclosure Attorney Procedures Manual – internal use only. This is intended only for privileged confidential use.” The manual instructs Wells Fargo lawyers how to process foreclosures when a key document, known as an endorsement, is missing. 

On March 21, 2014, Linda Tirelli, an attorney representing clients being foreclosed on by Wells Fargo, was interviewed by Amy Goodman and Juan González for Democracy Now!. During the interview, Tirelli described the manual:

“[I]t’s actually entitled the ‘Wells Fargo Home Mortgage Foreclosure Attorney [Procedure] Manual, Version 1.’ And it says on it that it’s last published 2/24/2012. Mind you, the national mortgage settlement agreement was announced a week prior, on 2/19/2012. 

“The way I obtained it, it was actually sitting right there on the Internet, of all things. A colleague of mine, through a Max Gardner’s Bankruptcy Boot Camp, which I am a member, an active member, gave it to me and said, ‘Hey, I found this online, and I know you’re doing a lot of Wells Fargo cases. Maybe you can use this.’ 

“Reading it, my jaw just dropped. As I see it, it’s clearly outlining procedures, not just for the $12-an-hour robo-signers that we’ve heard about all these years, but for the lawyers, who need to be held accountable to a much higher degree. It’s the manual for the lawyers to actually fabricate documents, as I see it, and request that documents that are lacking be fabricated by Wells Fargo. It’s absolutely appalling.”

On March 22, 2014, Wells Fargo’s manual for fabricating foreclosure papers was published on Indybay.org by IndyRadio in a post titled, “Wells Fargo instructions for fabricating foreclosure documents.” 

On June 12, 2014, Eric George of PhishLabs Security Operations contacted the San Francisco Bay Area Independent Media Center (Indybay) and recorded a voice message. In the message, George states that Wells Fargo is a client of PhishLabs, and that “wells-fargo-foreclosure-manual.pdf needs to be removed as soon as possible.” 

After recording a voice message, Eric George of PhishLabs emailed Indybay on June 12, 2014, and wrote, “Our company investigates computer crime incidents on behalf of banks and other companies. We have discovered that your web site, http://www.indybay.org , is hosting material that is confidential in nature and bears the Wells Fargo name without authorization. We kindly request that you remove this material as soon as possible.” 

On June 25, 2014, Marnie King of PhishLabs Security Operations emailed Indybay, as well as the Telx data center, and wrote, “Our company investigates computer crime incidents on behalf of banks and other companies. We have discovered that your web site, http://www.indybay.org , is hosting material (PDF file) that is confidential in nature and bears the Wells Fargo name without authorization. We kindly request that you remove this material as soon as possible.” 

On June 27, 2014, Israel Perez of PhishLabs Security Operations emailed Indybay, as well as Telx and domain name provider worldnic.com (Network Solutions), and wrote, “Our company investigates computer crime incidents on behalf of banks and other companies. A site containing unauthorized material was found to be operating on your network and displaying Wells Fargo material. 

“If possible, please provide the following information to assist our investigation: 

“- Web server and FTP server log files for the past several days
– Copies of all phishing files, hack tools, or other hacker files 

“Finally, we kindly request that you disable or remove the site as soon as possible.” 

As of June 28, 2014, there are no updates to report. 

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SUDDENLY APPEARING ENDORSEMENTS USED BY BANK-TRUSTEES IN FORECLOSURES

SUDDENLY APPEARING ENDORSEMENTS USED BY BANK-TRUSTEES IN FORECLOSURES

42 CASES WITH SUDDENLY APPEARING ENDORSEMENTS 

“The Court is concerned, as a result, that OneWest does not hold the Endorsed Note. But, perhaps more significantly, the Court is concerned that OneWest has determined that business expediency and cost containment are more important than complete candor with the courts.”[1]

 –  In Re Jessie M. Arizmendi (At the time of this California foreclosure decision in 2011, the homeowner/debtor, Ms. Arizmendi, was a frail 86-year-old with hearing loss and difficulty walking.)

This article discusses 42 cases with suddenly appearing (often called “ta-da”) endorsements.  In each case, a bank-trustee tried to foreclose on behalf of a mortgage-backed trust.  Most of these cases began with the filing of an unendorsed note that was described in the bank’s pleadings as a true and correct copy of the original note.  Several of the Florida cases began with a Lost Note claim, alleging that the bank at one point had the note in its custody and control, but somehow lost the note.  Later in the litigation, these lost notes were invariably and inexplicably found.

In a few cases, the judges expressed their disbelief and frustration with the documents presented by the banks and the claims made.  These cases are the exception, however, not the norm. Very few cases address the issue of whether the endorsements or found notes were illegally fabricated or forged.

Foreclosure in Detroit: 43,634 Properties on the Brink

Amazing graphic of Detroit properties close to foreclosure in The New York Times: http://nyti.ms/1qiXcgr