From our years representing homeowners during foreclosures, there is one thing we can comfortably advise our clients — there isn’t a need to fear the banks and their attorneys simply because they have a bigger budget for legal proceedings. The fact is that we have caught the firms representing the banks completely unprepared on more than one occasion. One of our most recent and notable experiences is a case involving Wells Fargo Bank, N.A.
This case began on September 12, 2012, when Wells Fargo filed a suit alleging an action to foreclose a mortgage based on a Promissory Note, but the note attached was payable to The Mortgage Store Financial, Inc. and not plaintiff Wells Fargo. We followed the usual procedure for defending this case, which included our discovery. Discovery is the process used to obtain the necessary information and documents to defend the case, and it is the responsibility of the bank’s attorneys to respond to our requests. In this case, and many others, plaintiff’s counsel didn’t respond to all of the requests.
There was no record indicating endorsement of the Note to Wells Fargo, and there was never an assignment of mortgage to the Complaint. In Wells Fargo’s reply they asserted that the assignment of mortgage was irrelevant to their action. Of course, we could not allow the bank to foreclose on our client’s home when there was no proof they were entitled to do so. At trial Wells Fargo Bank was faced with admissions due to their failure to respond to discovery. Ultimately the court entered judgment for the homeowner because Well Fargo Bank’s attorneys failed to follow the law.
The plaintiff’s actions, or lack thereof, led to the involuntary dismissal of the case in our client’s favor.
This shows that homeowners can win foreclosure cases. Experienced foreclosure defense attorneys know how to capitalize on the bank’s weaknesses.
At Graham Legal, we provide clients with affordable options for foreclosure defense by a team with extensive experience. Our expertise is elegantly presented in the Answer Brief entered in response to the Wells Fargo Bank appeal on the involuntary dismissal, entered in favor of the homeowner, of Wells Fargo Bank, N.A. vs. Melissa M. Donaldson on June 18, 2014.
Please click on the document below to read the full Answer Brief submitted to the court: