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:
Thank you in advance for your generous support,