Friday, October 29, 2010

Ohio AG Cordray Asks for Affidavits by Wells Fargo `Robo-Signer’ Xee Moua

Ohio Attorney General Richard Cordray asked judges in his state for copies of foreclosure affidavits filed in their courts that are signed by a woman he identified as a “robo-signer” for Wells Fargo Bank NA.


Cordray sent a letter to 133 judges asking for information on any cases that involved Xee Moua, a Wells Fargo vice president of loan documentation. Cordray sent a separate letter to Wells Fargo & Co. asking the bank to vacate any foreclosure judgment in Ohio involving incorrect affidavits.

Moua gave a deposition in a Florida case in March in which she testified that “statements made by her in sworn affidavits were false,” Cordray said in the letter. Moua said she wasn’t familiar with the books and records related to the transactions an affidavit covered, according to Cordray.

“These are crucial misstatements that are an affront to our legal system,” he wrote. “If you become aware of affidavits Ms. Moua signed in any foreclosure cases filed in your court, I would appreciate receiving copies of such affidavits.”

Tom Goyda, a spokesman for Wells Fargo, said the company’s policy is “to comply with all applicable state and federal laws and to follow required court procedures” and that executives “intend to cooperate” with Cordray’s inquiries.

Wells Fargo, the biggest U.S. home lender, said Oct. 27 that it will file supplemental foreclosure affidavits to courts in about 55,000 proceedings after finding some statements “did not strictly adhere to the required procedures.” The bank has said it chose to resubmit the documents out of “an abundance of caution” and that none of “these instances led to foreclosures which should not have otherwise occurred.”

‘Vacate Any Judgment’

Cordray provided a copy of a letter to Wells Fargo deputy general counsel David Moskowitz in which he asked the San Francisco-based bank to “vacate any judgment and withdraw any motion that resulted in a judgment in which Wells believes an improper affidavit was submitted.”

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