CA federal court denied Wells, US Bank to dismiss foreclosure case due to CA penal code and fraudulent assignment of deed and trust

From Federal Court Eastern District in CA:

Especially, please read the court's conclusions about the assignment dated years after the trust closing date on Page 13, lines 11 - 24:

Plaintiffs also plead that Wells Fargo recorded a fabricated

assignment of deed of trust assigning interest in Plaintiffs' loan

to U.S. Bank. Compl., at 14-16. As discussed above, Plaintiffs

allege that the recorded assignment was executed well after the

closing date of the MBS to which it was allegedly sold, giving rise

to a plausible inference that at least some part of the recorded

assignment was fabricated. Plaintiffs allege that such conduct, if

proven, constitutes a violation of Cal. Penal Code § 532f(a)(4).

Compl., at 24. That section prohibits any person from filing a

document related to a mortgage loan transaction with the county

recorder's office that is known to be false, with the intent to

defraud. Cal. Penal Code § 532f (a)(4).

Accordingly, the Court DENIES Wells Fargo and U.S. Bank's

motion to dismiss this claim.

11.17.11 - Order Re MTD - Vogan.billi Conformed]