Wells Fargo Caption Switching:

Converting Trust Claims into Wells Fargo Judgments

Aggressive Offense
Using the Courts to intimidate and punish their opponents Maintaining an offensive footing (always the accuser never the accused) Character assassination and mudslinging to divert courts focus from the relevant facts and law.

Tactics
Caption Switching Independent Claim of Servicer Motion to Compel Emergency TRO & Injunctions Expedited Discovery Sanctions

Caption Switching Objectives

Used to Divert Trust Judgments Used to Pocket Settlement Proceeds Hide the Trust Protect Wells Fargo (Godfather) Hide REMIC Trust Sanctions/Penalties Hide Prohibited Income Re-direct Stripped Equities/Assets

Caption Switching Explanation

Really?

John Dinan, Depostion 2006

Caption Switching Objective

3 Stages of Equity Stripping
Metamorphosis of CMBS Trust to Wells Fargo

Acceleration & Seizure

Special Servicer

Foreclosure & Judgment

Trustee WF

Bankruptcy & Collection

Wells Fargo Bank

Caption Switching Examples

Caption Switching Examples- True Party

Caption Switching Examples Stage 1

Orix is asserting independent claim?

Caption Switching Examples Stage 1a

Isnt MLMI a REMIC Trust? Orix is asserting independent claim!

Caption Switching Examples Stage 2

Why Wells Fargo? Where is Trust or Trustee? Where is Borrower? Why is CMBS Trust paying for This? Isnt this prohibited activity (speculative litigation) by a Remic Trust/Trustee?

Caption Switching Examples Stage 3

Can you figure out which Trust this judgment belongs to? Thats why WF pursued collection of this judgment In Israel 2 years after liquidation from MLMI.

Caption Switching Examples Stage 3

Caption Switching Examples Stage 3

Caption Switching Examples

Arlington Bankruptcy Captions

Independent Claim of Servicer

Used to Fabricate New Party (Plaintiff) This Party Will Pocket Settlement Proceeds Used to Hide Court Sanctions Used to Cover Up Adverse Court Rulings Never Pays Litigation Costs

Independent Claims, Trustee & Servicer

Servicer V. UBS Warburg (Using Trust Funds)

Motion to Compel
Repeated filings of Motions to Compel This sort of motion most commonly deals with discovery disputes Demonstrates the bad faith nature of their filings (demand everything and the kitchen sink while stonewalling all attempts to get a meaningful discovery out of Orix and Wells Fargo)

Motion to Compel Examples

Motion to Compel Examples

Emergency TRO
Emergency TRO Filings is yet another commonly employed Wells Fargo litigation strategy. The TRO often alleges document destruction or other similar acts These allegations are not supported by any evidence, but rather used to disparage their opposition in the eyes of the court.

TRO Example

Expedited Discovery
Common tactic employed to inconvenience and engage opponents with unnecessary and irrelevant discovery requests, while at the same time refusing to produce anything meaningful themselves

Expedited Discovery Example

Further Examples
Further examples of this hyper-aggressive litigation strategy can be found when reviewing the dockets of the following cases: Wachovia 3-02CV1945-M UBS 02-2849 Nomura 00-8720 SFE 306-CV-0271

MLMI 1999-C1

Correct name is the Conformed Name as shown on SEC filing. See the last slide. This should be the Party in Lawsuits

WFC/Orix SEC Violations

WFC/Orix SEC Violations

WFC/Orix Last SEC Filing

Caption Switching Case

In this case, Wells Fargo was caught red-handed. Wells Fargo and Orix filed a Motion to approve caption switching. Wachovia filed Response and motion was soundly defeated. See Order .

Caption Switching Case - Motion

Caption Switching Case - Motion

Caption Switching Case - Motion

Caption Switching Case - Response

Caption Switching Case- Response

Caption Switching Case - Response

Caption Switching Case - Response

Caption Switching Case - Response

Caption Switching Case - Order