Petition Closed
Petitioning Wells Fargo CEO John G. Stumpf and 9 others

To call for a full investigation on Wells Fargo fraudulent practices.

  Wells Fargo Bank is the fourth-largest bank in the United States by assets, and the 11th largest company in the U.S. headquartered in San Francisco and has over 70 million customers nationwide. It is also one of the banks who has benefited from the Federal $700 billion bailout of financial Asset Relief Program, which “WE” the People have paid for!

   Wells Fargo Bank engages in fraudulent actions that are well documented in many State Courts, Federal Courts and U.S. Attorney General Offices' files and still nobody is stopping this bank to further victimize other people. It is a fact that for years Wells Fargo has used the so called robo-signers in fraudulent practices of foreclosure. My family and I are among the many victims of Wells Fargo Bank's fraudulent practices.

After a series of unlawful events by the Township of Warren, our home was Court ordered to be sold at a Sheriffs sale that stated the sale must “pay and satisfy in the first place unto the plaintiff, the sum of $814,646.32, being the principal and interest secured by a certain mortgage dated February 13, 2006”. If there was no sale for the above listed price then the writ would “be returnable within twenty-four (24) months pursuant to R. 4:59-1 (a); and to abide the further Order of said court.” Although I was fighting this through the Courts, a Sheriff's Sale was scheduled and held unlawfully on July 6, 2010, at which time the bidder for the subject property was Wells Fargo Bank, N.A. The Sheriff breached his fiduciary “duty” by selling the Plaintiff's property for the price of $461,000.00, instead of $814,646.32, or higher, as dictated by the Court Order.

 This breach was a benefit to the Wells Fargo Bank. The under sold sale was the easy way for the Wells Fargo Bank to quickly and unlawfully deprive us of our property instead of allowing the due process of law of the Court Order and return the property to us within twenty-four (24) months and the Sheriff received the profit from the sale. Consequentially, on October 28, 2010, a Deed was recorded in the County Clerk's Office transferring the subject property to Wells Fargo Bank, N.A. Said Deed was unlawfully recorded on that day in Book 6366 at Page 2898.

  Thereafter, Wells Fargo Bank pursued to unlawfully and falsely claim its status as owner of the subject property. They obtained a Writ of Possession and forwarded it to the Sheriff of County with instructions to evict us, the occupants. The sale of our real estate property was unlawful and lacked of due Process!

  Hence, I filed the complaint in the Federal court, on February 14, 2011, case #3:11-cv-00862-FLW-TJB, to seek Federal protection against the unlawful foreclosure proceedings by the Wells Fargo Bank and the Sheriff and to have the subject property returned into our family name and the mortgage held by Wells Fargo Bank, N.A. voided.

 The Wells Fargo first attempt of eviction came on February 22, 2011, with an unlawful invasion of our home by the County Sheriff. This invasion has left all of our family and children traumatized, among us a two time Iraq war veteran already suffering from post-traumatic stress due to a war that he fought so that yours and others' freedom and liberties stayed protected. When the Sheriff learned about the Federal pending lawsuit against Wells Fargo Bank and him, he left.

  A second attempt came on August 8, 2011, after an eviction notice served on a Friday evening for a Monday eviction without give us an opportunity to legally have someone to represent our rights and protect us from an illegal forceful Order of eviction of our family. Because two Federal cases, #3:11-cv-01501-FLW-TJB and #3:11-cv-00862-FLW-TJB, one against Wells Fargo Bank had been still very active, back and forward, with filed “Motions”, under Federal Court's jurisdiction since February 14, 2011 this eviction was illegal and an act of “Obstruction of Justice”, due to the fact of a pending Federal case against them.

  On August 8, 2011, Wells Fargo Bank and the Sheriff not only executed an unlawful eviction, but they went way beyond the order by allowing vandalism of the family’s furniture and belongings, as the movers damaged, mistreated and misplaced them, along with the tenant's tools and materials. The writ of possession ordered by the Superior Court of Trenton, NJ did not empower them to damage, mistreat and misplace our family's household belongings, as some of the items that were in the house have been badly scratched, broken, and have been missing.
The Court Order of Writ of Possession also clearly stated that the eviction did not apply to the tenant since the tenant is protected under the provisions of the New Jersey Tenants Anti-Eviction Statute (NJSA 2A: 18-61. et seg.), but they still proceeded in evicting us and removed the working tools and supplies from the premises, making it very difficult and impossible for me to return to work and earn a living.
  By signing this petition and giving your support, I hope to gain a fair trial by a jury in Federal Court to bring Wells Fargo Bank and the officials that have broken the law to justice and thereby get back what they have stolen from me. I also hope to send a message to all these Fraudulent Banks and politicians that we as citizens unite together and will not allow these Banks and politicians to destroy our communities across the country

  Therefore, is necessary the support from all of you, “THE PEOPLE” to tell our President and the Congress of the United States to call for a full investigation on any similar Fraudulent Bank cases and to have our case, Gage v. Wells Fargo Bank brought in to a Federal Court before a jury in order that our case can be ruled fairly and impartially for justice to prevail so that a three-generation's veteran’s family, who has, indeed, put their life on the line to serve and protect our beloved U.S.A, can be compensated for the harm and abuse inflicted on him by the Wells Fargo Bank “Fraudulent actions”

We believe that we have at least earned the “Due Process of Law”

(For more information, see Petition letter to the President and Congress and go to:

Criminal Justice Petition: Corrupt Township Officers of Warren, NJ Eviction | Change.org)

http://youtu.be/ssl5yb7FewA 

http://www.youtube.com/watch?v=AqnHLDeedVg

http://www.youtube.com/watch?feature=player_embedded&v=qFZ3XQ3UYuY

http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentBody;storyMediaBox

http://4closurefraud.org/2011/11/21/must-view-video-william-k-black-speech-re-wall-street-crimes/

http://www.youtube.com/watch?v=C6xLPW47dOU&feature=related

http://www.truthaboutloanmodification.net/court-stops-foreclosures-forces-loan-modification-agreements-cepersvid-41/

Thank you in advance for your generous support,

Thomas Gage

Letter to
Wells Fargo CEO John G. Stumpf
U.S. Senate
U.S. House of Representatives
and 7 others
CEO Wells Fargo Home Mortgage Cara K. Heiden
To the President and the Congress of the United States
NJ Supreme Court Chief Judge
Division of enforcement Robert S. Khuzami
Board of Communications Wells Fargo
wells Fargo, Vice President Mary Coffin,
President of the United States
I just signed the following petition addressed to:
The President and the Congress of the United States.

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To call for a full investigation on Wells Fargo fraudulent practices and on any similar fraudulent Bank cases.

We ask the President and the Congress of the United States to call for a full investigation on any Fraudulent Bank, especially when these banks have benefited from the Federal $700 billion bailout of financial Asset Relief Program and may have broken the law in its participation in the Troubled Asset Relief Program.
“We The People” would like to have our Constitutional guarantee of the “DUE” Process of Law and the equal protection of the laws, in challenging on the banks that has benefited from the Federal $700 billion bailout of financial Asset Relief Program and may have broken the law in its participation in the Troubled Asset Relief Program.
We believe that “WE” the People own this Banks and “WE” deserve the guarantee of due process, equal protection of the laws and fairness, instead of being further victimized from them. With their fraudulent practices, as just like happened in this petition case of the Gage v. Wells Fargo Bank.
Therefore, it is necessary that the President and the Congress of the United States to call for a full investigation on any Fraudulent Bank who have ruined our economy and at same time to grand the Constitutional guarantee of the “DUE” Process of Law, equal protection of the laws in the case Gage v. Wells Fargo Bank.
We believe that Gage’s family has earned the “Due Process of Law” and the Equal Protection of the Laws and their fraudulent case needs to be investigated and brought in to a Federal Court, before a jury. They should be entitled to the “Due Process of Law” and the Equal Protection of the Laws, be compensated for the harm and abuse inflicted on them by the Wells Fargo Bank “Fraudulent Actions” as some of these fraudulent actions, are stated below:

Wells Fargo Bank’s “unlawful eviction” was unconstitutional since the actions taken by all them are criminal.
The criminal actions committed in the sale and purchase by both Wells Fargo Bank and the County Sheriff are obviously proved to be fraudulent as evident in the Sheriff’s Deed. Both Wells Fargo Bank and the County Sheriff were fully aware that the Court Order was never met in the sale of Gage’s property and the County Sheriff voluntarily and negligently “breached” his fiduciary duty by proceeding with the fraudulent sale, Writ of possession and forceful eviction of Gage’s property. In the Writ of Execution entered in the Records, Frank J. Provenzano stated the following:

“I, Frank J. Provenzano, Sr., Sheriff of the County of Somerset, State of New Jersey do solemnly swear that the land and real estate described in this deed made by me to Wells Fargo Bank, NA as Trustee under Pooling and Servicing Agreement dated as of July 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-FR3 Mortgage Pass-Through Certificates, Series 2006-FR3, 4837 Watt Avenue, North Highlands, CA 95660, was by me sold by virtue of a good and subsisting execution, as is therein recited, that the money ordered to be made has not been, to my knowledge or belief, paid or satisfied; that the time and place of the sale of said land and real estate was by me duly advertised as required by law, and that the same was cried off and sold to bona fide purchaser for the best price that could be obtained.

The County Sheriff's causes of action are as follows:
Breach of Fiduciary Duty. The Sheriff breached his fiduciary “duty” by selling the Gage's property for the price of $461,000.00, instead of $814,646.32, or higher, as dictated by the Court Order. This breach has caused great injury to the Gage’s family and great benefit to Wells Fargo Bank and the County Sheriff with the profit from the sale.

Breach of Court Order. The State Judge enforced the following order:
"to fist and firm to satisfy the sum of $814,646.32, "being the principal and interest secured by a certain mortgage” and “whereas, the costs of the said Plaintiff have been duly taxed at the following sum: $8,255.00”. “If there be no sale, this Writ to be returnable within twenty-four (24) months pursuant to R. 4:59-1 (a); and to abide the further Order of said court, according to the judgment aforesaid; and you are to make return at the time and place aforesaid, by certificate under your hand, of the manner in which you have executed this our Writ, together with this Writ".

Abuse of Rights
The County Sheriff abused our Right when our house did not sell according to the selling conditions of the Court Order and both, Wells Fargo Bank and the County Sheriff did not follow the Court’s instruction, such as:
“Writ to be returnable within twenty-four (24) months pursuant to R. 4:59-1 (a); and to abide the further Order of said court, according to the judgment aforesaid; and you are to make return at the time and place aforesaid, by certificate under your hand, of the manner in which you have executed this our Writ, together with this Writ. WITNESS, the HONORABLE Mary C. Jacobson, PJ.Ch.” Note: The order to sell to satisfy the sum of $814,646.32, "being the principal and interest secured by a certain mortgage” and “whereas, the costs of the said Plaintiff have been duly taxed at the following sum: $8,255.00”, was never met by the Sheriff.

Therefore, according to the doctrine of our Constitution guarantee of the “DUE” Process of Law, the sale of our real estate property was unlawful and invalid due to the lacked of due process.

Intentional Infliction of Emotional Distress.
In Gage's case, the Sheriff and Wells Fargo Bank’s intentional reckless, extreme and outrageous conduct caused the Gage's family to suffer severe emotional distress.
On August 8, 2011, both Wells Fargo Bank and the County Sheriff not only executed an unlawful eviction, but went way beyond the order by allowing robbery and vandalism of the Gage's furniture and belongings as the movers damaged, mistreated and misplaced them, along with the tenant's tools and materials.
The Writ of Possession ordered by the Superior Court of Trenton did not empower them to damage, mistreat and misplace the Gage's household belongings and the tenant's tools and material, as some of the items that were in the house have been badly scratched, broken, and have been missing and stolen. The Sheriff indeed, also evicted a “Tenant” who was never been notified properly and ordered to be evicted.
The Court Order of Writ of Possession clearly stated that the eviction did not apply to the tenant since the tenant is protected under the provisions of the New Jersey Tenants Anti-Eviction Statute (NJSA 2A: 18-61. et seg.), but they still proceeded in evicting him and removed his working tools and supplies from the premises, making it very difficult and impossible for the tenant to return to work and earn his living.
The Wells Fargo Bank and the County Sheriff’s “Writ of Possession” and Forceful eviction of the Gage's family and Tenant are clearly Sheriff’s violation of his duty under our Constitution and Article VI Paragraph-3.
The “Fraudulent” executed “DEED” by the Sheriff Frank J. Provenzano, explains in detail that the amount of money ordered by the State Court to be made in the sale of the Gage's Property did not satisfy the State Court Order at the time and place of the sale of Plaintiff's property. Therefore, after all, all the actions taken on by Wells Fargo Bank and the County Sheriff in this case have been delivered by “Fraud” and “Obstruction of Justice”.
“Fraud vitiates everything it touches.” Nudd v. Burrows (1875) 91 U.S. 416.
“Fraud destroys the validity of everything into which it enters.”
Boyce’s Executors v. Grundy (1830) 28 U.S. 210.
“Fraud vitiates the most solemn contracts, documents and even judgments.” United States v. Throckmorton (1878) 98 U.S. 61, 70.

a. “No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment or a court, no order of a minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. …fraud vitiates all transactions, and if taken for a fraudulent purpose to carry out a fraudulent scheme, such action is void and of no force or effect whatever, equality will compel fair dealing, disregarding all forms and subterfuges, and looking only to the substance of things.” Jackson Law Office, P.C. v. Chappell, 327 SW2d 15 at 27 citing Libhart v. Copeland 949 SW2d 783, 794.
b. “Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been ‘deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.’ ’’ Cross v. Tustin (1951) 37 Cal.2d 1067.

We also expresses the emotional damage, harm, and distress that he suffered as a direct result of these abuses and the eviction inflicted upon the Gage's family by Wells Fargo Bank, including feelings of emotional distress, nervousness, fear, fright, severe embarrassment, humiliation, grief and anxiety.

Because of the Gage's family severe emotional distress, extreme anxiety, and flashbacks of intrusive thoughts and memories relative to the alleged abuses, vandalism of their furniture and belongings, as the movers damaged, mistreated and misplaced them, along with the tenant's tools and materials, and robbery, as supported by the above mentioned “Criminal Actions”, sanctions are to be implemented in this case.

Respectfully Submitted,
Thomas I. Gage