If the bank failed to address any of your issues and/or concerns or you disagree wih their response, contact the CAG in writing within 30 days of receipt of the banks letter. I too, have become a victim of “predatory lending practices,” because the wolves have found an escape, by which to scam the entire country. Who’s to blame? When the Clinton Administration revisited the Glass Steigal Act/1933 and the Community Reinvestment Act/1977; Clinton lowered the hammer on the banks to force their involvement to include low income to moderate income earner’s the advancement of creative financing to own a home. The problem is that it created that web of finance that caught even the most careful business person in the trap. We have just experienced the maturity of the three year ARM’s; wait until the five year ARM”S hit. Oh my socks! This will hit in approx. 2012 and will set the USA spinning in the worst depression one has ever seen. These subprime loans, qualified consumers for the first part of the loan, but not when the adjustable rate interest “kicked in.”

Fight! Fight! Even if you have to take the defunct “pretender lender” to court. Chances are, it is not the original/bank, a so-called lender from the table funded loan, as they are no longer in business. In fact, if a bank such as Bank of America has your loan; they have become the servicer-not the owner of your loan. Write a “written qualified request.” Ask for the Corporate Transfer, the (Assignment of the Deed of Trust and the Assignment of Trustee), which is validated by the Notary Seal and Signatory and ask where it was recorded. You will find the original Trustee on the face of the Deed of Trust. If this does not occur, then ASAP, send the Board of Directors of the Federal Reserve, a signed letter in a heading called REVOCATION OF POWER OF ATTORNEY for NOTICE TO CANCEL – using a Notary Signatory form. Your bank will usually do the Notary for free. Also send one to the Bank/Servicer. Record it in the County Recorder’s Office, where your home is located. This may cause a title waive, but it can be used as a good defense for your case.

My question is If I dont have deed of trust, can Wells fargo produce one for me? Can Wells fargo foreclose my house if I defaulted? Does Wells fargo have the legal right on my property because the note was transfered by Wachovia to wells fargo knowing that wachovia doesnt have the authority to do mortgage business

That means not only must they have the note but it also must have proper endorsement.

POSSESSION and ENDORSEMENT

only if the purchase and sale agreement was valid would it meet possession requirements under [3-301(a)and(b)] and to be considered a HOLDER by reason of [CC 1-202(b)21] would not qualify under [CC 3-301(a)] without endorsement.

quote: ONLY when the underlying enforceability issues of the PROMISSORY NOTE are ESTABLISHED can an entity then look to any DEED of TRUST which is only an accessory SECURITY INTEREST which then gives rise to a foreclosure right.

Assignment of the Deed of Trust does not give right to automatically foreclose and it is impossible to trigger 2924 without a note or if the note was obtained after a recorded notice of sale.

The Deed of Trust is only incident to the underlying Promissory Note and is legally null without it. Therefore it is impossible and absurd to legally foreclose on real property without the note.

Judicial or non-judicial, California or Connecticut, to simply record a false notice of default and notice of sale is fraud and grand theft is a felony by law. And any person(s) with authority sworn by oath to uphold law that turns a blind eye or simply ignores it is guilty in aiding and abetting such crimes and should be equally punished.

For the people by the people!… not, for the banks and against the people! and if our court system continues to allow banks and politicians to be break the same laws we are upheld to and leaving the people helpless without recourse or remedy then what further the purpose of our courts and laws?