On Friday December 23, 2011 at 4:00 P.M., two days before Christmas, the Phillips-Tehiva Family of Hana, Maui, Hawaii, (6 children, mom dad and grandmother) received notification of a “criminal trespass” eviction from their home, located on property which has been in the Phillips Family for more than 100 years.
The action, taken by Wells Fargo Bank, occurred after the Phillips-Tehiva Family filed a motion on Thursday, December 22nd for a hearing to review the court’s eviction order based on fraudulent and forged documents.
“This 60(b) Motion is based on new evidence showing that Wells Fargo’s foreclosure
was void because of an invalid assignment of the mortgage,” according to the attorney for Phillips-Tehiva, Arnold T. Phillips II (no relation). “A major issue is the fact that this was a securitized loan in which Wells Fargo violated the terms of the securitization agreement,” said attorney Phillips.
The Note and the Mortgage on this loan were required to be transferred, assigned and delivered to the securitized trust vehicle by July 10, 2007 when the securitization deal actually closed. However, the attempt to assign the loan occurred on June 24, 2010, which was three years too late.
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