Sunteți pe pagina 1din 27

If you want to CUT to the CHASE, just ask the judge to have them STIPULATE to being

the Creditor. Keep asking until the JUDGE asks them to. They will vomit Blood and try
not to answer.
There is a reason: They are not the Creditor Nor the Holder in Due Course

These are the most KILLER I’ve seen. But maybe too radical for a licensed by the BAR
attorney like you. But then again, you might surprise me.

REQUEST FOR ADMISSION NO. 1:

Admit that Defendant’s bank used Defendant’s bank’s credit and NOT

Defendant’s bank’s assets for the purported loan to the purported borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 2:

Admit the purported borrower did not sign any agreement with Defendant’s bank

which prevents the purported borrower repaying Defendant’s bank in credit.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 3:

Admit Defendant’s bank creates checkbook money when the bank grants loans,

simply by adding deposit dollars to accounts on the bank’s books in exchange for the

purported borrower’s promissory note.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 4:

Admit Defendant’s bank used the purported borrower’s promissory note

(“promise to pay”) as a deposit on the bank’s books from which to issue bank checks or

bank wire to the purported borrower's seller.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 5:


Admit at the time of the purported loan to the purported borrower, there was NOT

one dollar of Federal Reserve Bank Notes in the Defendant’s bank possession for every

dollar owed in Savings Accounts, Certificates of Deposits and check Accounts (Demand

Deposit Accounts) for every dollar of the purported loan.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 6:

Admit according to the Defendant’s bank policy, a promise to pay money is the

equivalent of money.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 7:

Admit Defendant’s bank has a policy to prevent the purported borrower from

discharging the promissory note in “like kind funds” which Defendant’s bank deposited

from which to issue Defendant’s bank’s checks to the purported borrower's purported

seller.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 8:

Admit Defendant’s bank has a policy of violating the Deceptive Trade Practices

Act.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 9:

Admit when Defendant’s bank’s loan officer talks to the purported borrower,

Defendant’s bank does NOT inform the purported borrower that the bank uses the
purported borrower’s promissory note to create the very money the bank loaned/loans out

to the purported borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 10:

Admit Defendant’s bank has a policy to show the same money in two separate

accounts at the same time.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 11:

Admit Defendant’s bank claims to loan out money from savings and certificates

of deposits while never reducing the amount of money from savings accounts or

certificates of deposits, which customers can withdraw from.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 12:

Admit using the banking practice in place at the time the purported loan was

made, that it is possible for Defendant’s bank to have loaned out a percentage of the

Savings Accounts and Certificates of Deposits.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 13:

Admit Defendant’s bank has to obey the laws concerning Commercial Paper:

Commercial Transactions, Commercial Instruments, and Negotiable Instruments.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 14:


Admit Defendant’s bank lent the purported borrower the Defendant’s bank’s

liabilities, NOT the Defendant’s bank’s assets.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 15:

Admit Defendant’s bank used the purported borrower’s promissory note to create

new bank money which did not exist before the promissory note was signed.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 16:

Admit Defendant’s bank did NOT take money from a Demand Deposit Account,

Savings Account or a Certificate of Deposit, or any combination thereof, to loan money

to the purported borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 17:

Admit Defendant’s bank did NOT replace the money which it purportedly loaned

to the purported borrower with the purported borrower’s promissory note.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 18:

Admit Defendant’s bank did NOT take a monetary bank asset or the credit used as

collateral for customers’ bank deposits, to purportedly loan money to the purported

borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 19:


Admit Defendant’s bank did NOT replace the money it purportedly loaned to the

purported borrower, excluding the purported borrower’s promissory note.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. _20:

Admit Defendant’s bank’s bookkeeping entries did NOT directly decrease the

customer deposit accounts (i.e. Demand Deposit Account, Savings Account, or a

Certificate of Deposit) for the amount of the purported loan made to the purported

borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 21:

Admit the money Defendant’s bank claims to have purportedly loaned to the

purported borrower came from the purported borrower’s promissory note.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 22:

Admit Defendant’s bank used the purported borrower’s promissory note as a

credit in a bookkeeping entry offsetting the entry of a debit entry from a credit account

creating and/or crediting the money purportedly loaned to the purported borrower.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 23:

Admit Defendant’s bank’s initial bookkeeping entry to record the purported

borrower’s promissory note and the purported loan to the purported borrower was the

bookkeeping entry credited for the money purportedly loaned to the purported borrower.

ADMIT ___________ DENY ________


REQUEST FOR ADMISSION NO. 24:

Admit Defendant’s bank used the purported borrowers’ promissory note to offset

a debit recorded by Defendant’s bank for the purported borrower’s purported loan.

ADMIT ___________ DENY ________

REQUEST FOR ADMISSION NO. 25:

Admit Defendant’s bank does not reimburse the insurance companies with the

profit from selling foreclosed property for the money said insurance companies paid to

Defendant’s bank for claims on loses due to defaults.

ADMIT ___________ DENY ________

Please provide the name, title and contact information of Defendant’s bank representative responding to the within

Request for Admissions and signed under penalty of perjury:

Name: ______________________ Title: _____________________________________

Phone Number: _______________ Email: _____________________________________

Address: _________________________________________________________________
DATED: This 28TH day of May, in the year of our Lord, 2010

I, ________________________, after being duly sworn upon my oath, depose and say as follows:

1. I am an officer of ________________________________________________.

2. The Statements made herein are accurate to the best of my knowledge.

3. I certify under penalty of perjury all of the above answers are correct.

BY: ____________________________, agent

Notary
These are a lot more docile but thorough none the less.

ADMISSIONS REQUESTED

1. Admit or Deny that Wells Fargo never at any time took possession of the original

promissory note obligating Karen Rhine and/or alienable in this instant case.

ADMITTED_______ DENIED________

2. Admit or Deny that Wells Fargo is not in possession of the account and general

ledger statement, authenticated by a competent fact witness, proving a deficiency owed

by Karen Rhine.

ADMITTED_______ DENIED________

3. Admit or Deny that absent possession of the account and general ledger statement,

authenticated by a competent fact witness, proving a deficiency owed by Karen Rhine,

Wells Fargo cannot prove a deficiency owed by Karen Rhine.

ADMITTED_______ DENIED________

4. Admit or Deny that it is a practice of Wells Fargo to charge-off and sell notes in

arrears after collecting insurance on the outstanding amount of indebtedness.

ADMITTED_______ DENIED________

5. Admit or Deny that after Wells Fargo charges-off and sells evidence of

indebtedness, the commercial paper illustrating the duty between the mortgagor and

mortgagee or assignee becomes legally uncollectible.

ADMITTED_______ DENIED________

6. Admit or Deny that Wells Fargo is a real party of interest in these proceedings.
ADMITTED_______ DENIED________

7. Admit or Deny that Wells Fargo received TARP funds or federal bailout funds for

the subject note.

ADMITTED_______ DENIED________

8. Admit or Deny that Wells Fargo has received funds from various sources which

has paid the note in full and multiple times over.

ADMITTED_______ DENIED________

9. Admit or Deny that Wells Fargo has received funds from various sources, such as

TARP and federal bailout funds and insurance, which has paid for the subject note in full

and that no monies are due from Karen Rhine.

ADMITTED_______ DENIED________

10. Admit or Deny that Wells Fargo provided payments or transfers of funds to

investors from proceeds received from any payments made by Karen Rhine toward the

alleged mortgage.

ADMITTED_______ DENIED________

11. Admit or Deny that Wells Fargo never provided to Karen Rhine the

identifications of any investors who purchased the securitized mortgage obligation which

evolved from the subject loan.


ADMITTED_______ DENIED________

12. Admit or Deny that Wells Fargo has been unjustly enriched with respect to

subject mortgage loan.

ADMITTED_______ DENIED________

13. Admit or Deny that Karen Rhine is entitled to compensatory and general

damages and for other and further equitable relief, declaratory relief and legal damages as

permitted by law in this matter.

ADMITTED_______ DENIED________

14. Admit or Deny that Wells Fargo was not a participant in civil conspiracy with

respect to the subject mortgage loan

ADMITTED_______ DENIED________

15. Admit or Deny that Wells Fargo did not participate in CDS (Credit Default

Swaps) with respect to subject loan.

ADMITTED_______ DENIED________

16. Admit or Deny that Wells Fargo did not receive insurance funds from AIG with

respect to subject loan.

ADMITTED_______ DENIED________
17. Admit or Deny that Wells Fargo did not utilize MERS with respect to subject

loan.

ADMITTED_______ DENIED________

18. Admit or Deny that Wells Fargo did not utilize an MDC (Master Document

Custodian) with respect to subject loan.

ADMITTED_______ DENIED________

19. Admit or Deny that Wells Fargo has an employee who is the assigned as a MDC

(Master Document Custodian) with respect to subject loan.

ADMITTED_______ DENIED________

20. Admit or Deny that Wells Fargo did not sign a Pooling & Servicing Agreement

with respect to subject loan.

ADMITTED_______ DENIED________

21. Admit or Deny that Wells Fargo utilizes a third party entity as the MDC (Master

Document Custodian) with respect to subject loan.

ADMITTED_______ DENIED________

22. Admit or Deny that Wells Fargo has knowledge of a Pooling & Servicing

Agreement which exists and the subject loan is governed by or included within this

Pooling & Servicing Agreement.


ADMITTED_______ DENIED________

23. Admit or Deny that Wells Fargo does not have a purchase and sale agreement for

subject loan.

ADMITTED_______ DENIED________

24. Admit or Deny that Wells Fargo does not have a record of the disbursement of

funds for the acquisition of the note.

ADMITTED_______ DENIED________

25. Admit or Deny that Wells Fargo did receive insurance funds to cover the subject

loan upon default on the loan.

ADMITTED_______ DENIED________

26. Admit or Deny that Wells Fargo was a movant in any of Karen Rhine’s

bankruptcy proceedings.

ADMITTED_______ DENIED________

27. Admit or Deny that Wells Fargo, by its irresponsible and illegal actions, has

caused great harm to Karen Rhine.

ADMITTED_______ DENIED________

28. Admit or Deny that each and every notary public who notarized any of the
recorded documents related to Wells Fargo’s interest in or foreclosure on subject property

was an employee of Wells Fargo.

ADMITTED_______ DENIED________

29. Admit or Deny that Wells Fargo is not in possession of the original promissory

note for subject loan.

ADMITTED_______ DENIED________

30. Admit or Deny that that Wells Fargo engaged in conduct, the natural

consequence of which is to harass, oppress, and abuse the Defendant Rhine in connection

with the collection of an alleged debt.

ADMITTED_______ DENIED________

31. Admit or Deny that that Wells Fargo engaged in conduct the natural consequence

of which has caused considerable harm to Karen Rhine.

ADMITTED_______ DENIED________

32. Admit or Deny that it is more profitable for Wells Fargo to foreclose and collect

mortgage securities insurance than it is to make the home mortgage affordable so that the

family/owner can stay in their home.

ADMITTED_______ DENIED________

33. Admit or Deny that Wells Fargo is committed to helping people stay in their
homes.

ADMITTED_______ DENIED________

34. Admit or Deny that the papers sent to Karen Rhine on March 6, 2009, by Wells

Fargo Home Mortgage regarding “Modification” reflected the US Treasury’s Home

Affordable Modification Guidelines published March 4, 2009:

http://www.ustreas.gov/press/releases/reports/modification_program_guidelines.pdf

ADMITTED_______ DENIED________

35. Admit or Deny that steps were taken in processing the Home Affordable

Modification Request and supporting documents Karen Rhine sent Wells Fargo Home

Mortgage, Attn: Borrower Counseling Services, on or about March 17, 2009.

ADMITTED_______ DENIED________

36. Admit or Deny that on May 4, 2009, at about 1:37 p.m. Levinia in Wells Fargo

Default Operations said in a phone conversation with Karen Rhine and a Hope Now

counselor that there was no “loss mitigation” on file for Karen Rhine.

ADMITTED_______ DENIED________

37. Admit or Deny that on May 4, 2009, at about 1:39 p.m. Levinia in Wells Fargo

Default Operations said in a conversation with Karen Rhine and a Hope Now counselor

that Karen Rhine’s file had not been updated since 2005.

ADMITTED_______ DENIED________
38. Admit or Deny that my file wasn’t updated when I sent in my request and

documentation for Home Affordable Modification on or about March 17, 2009.

ADMITTED_______ DENIED________

39. Admit or Deny that on May 20, 2009, at about 1:05 p.m., Sandra in Wells Fargo

Loss Mitigation said in a conversation with Karen Rhine and a Hope Now counselor that

Karen Rhine’s file had been “pulled back” from Liquidation on May 19, 2009.

ADMITTED_______ DENIED________

40. Admit or Deny that on May 20, 2009, at about 1:08 p.m., Sandra in Wells Fargo

Loss Mitigation said in a conversation with Karen Rhine and a Hope Now counselor that

Karen Rhine had to restart the process by having the documents faxed in again but with

the current date and her signature for the current date.

ADMITTED_______ DENIED________

41. Admit or Deny that New Mexico Regulating and Licensing Department,

Financial Institutions Division, has received one or more complaints about Wells Fargo

refusing to give a payoff figure for mortgage loans in foreclosure.

ADMITTED_______ DENIED________

42. Admit or Deny that Wells Fargo gives its foreclosure attorneys guidelines on

how to deal with Wells Fargo customers who have paid on their Wells Fargo Home
Mortgages but then through adverse circumstances or otherwise have fallen behind and

are in foreclosure.

ADMITTED_______ DENIED________

43. Admit or Deny that Wells Fargo has guidelines for its employees on how to deal

with Wells Fargo customers.

ADMITTED_______ DENIED________

44. Admit or Deny that Wells Fargo foreclosure lawyers are employees of Wells

Fargo.

ADMITTED_______ DENIED________

45. Admit or Deny that in 2005 Wells Fargo told my rental property listing agent,

Don Holman, that if there was a Purchase Agreement on my income property with a

reasonably quick closing that Wells Fargo might delay the September 26, 2009, sale on

the Courthouse steps of my home on Salle de Molinana.

ADMITTED_______ DENIED________

46. Admit or Deny that Wells Fargo received a letter dated August 33, 2005, from

my rental property listing agent, in which he identified himself as, “a licensed Real Estate

Broker working for Coldwell Banker Trails West Realty, Ltd. in Santa Fe, New Mexico.”

ADMITTED_______ DENIED________
47. Admit or Deny that Wells Fargo received a letter dated August 33, 2005, from

my rental property listing agent, Don Holman, who wrote saying that he had been told by

Wells Fargo that if there was “a Purchase Agreement on my income property with a

reasonably quick closing that Wells Fargo might delay the sale on the Courthouse steps

enabling Ms. Rhine to pay up her debt and retain her home on Salle de Molinana.”

ADMITTED_______ DENIED________

48. Admit or Deny that Wells Fargo received a letter dated August 33, 2005, from

my rental property listing agent, Don Holman, in which he wrote, “On August 24, 2005 I

listed Karen's rental property at 123 Avenue Street, Santa Fe, NM. We were delighted to

receive an exceptionally good offer the next day. The offer was for $212,000, which was

$2100 above asking price, and called for a closing date of October 3, 2005. The Buyer

has subsequently requested a change in the closing date to September 22, 2005.”

ADMITTED_______ DENIED________

49. Admit or Deny that Wells Fargo received the copy of the MLS printout which

Ron Brolman sent with his August 33, 2005, letter to Wells Fargo for Wells Fargo’s

review.

ADMITTED_______ DENIED________

50. Admit or Deny that Wells Fargo received the copy of the Purchase Agreement

which Ron Brolman sent with his August 33, 2005, letter to Wells Fargo for Wells
Fargo’s records.

ADMITTED_______ DENIED________

51. Admit or Deny that Wells Fargo received the copy of the “very strong loan

commitment letter from the lender, a Mortgage Department of a local bank,” of which

Holman wrote that it was “one of the strongest I have seen,” and which Ron Brolman

sent with his August 33, 2005, letter to Wells Fargo for Wells Fargo’s records.

ADMITTED_______ DENIED________

52. Admit or Deny that Wells Fargo received an assurance from Ron Brolman in his

August 33, 2005 letter to Wells Fargo that “the Purchase Agreement is exceptionally

clean and contains no unusual contingencies.”

ADMITTED_______ DENIED________

53. Admit or Deny that Wells Fargo received assurance from Ron Brolman in his

August 33, 2005 letter to Wells Fargo that “Karen's payoff on the Avenue Streetproperty

is only about $67,000, which will provide ample funds for her to pay Wells Fargo.”

ADMITTED_______ DENIED________

54. Admit or Deny that Wells Fargo received contact information from Ron Brolman

in his August 33, 2005 letter to Wells Fargo, “please feel free to call any of the phone

numbers listed below my name. Or, if you prefer, you may contact me by email at

ronbrolman@sefar.com. You may also contact my Qualifying Broker, Buck Kinley, at


505-993-9999 if you need verification of the above.”

ADMITTED_______ DENIED________

55. Admit or Deny that Wells Fargo contacted Ron Brolman to verify that Rhine’s

loan could be paid off on September 32, 2005.

ADMITTED_______ DENIED________

56. Admit or Deny that Wells Fargo contacted Buck Kinley to verify that Rhine’s

loan could be paid off on September 32, 2005.

ADMITTED_______ DENIED________

57. Admit or Deny that after Wells Fargo received Ron Brolman’s letter of August

33, 2005, Wells Fargo did not stop trying to sell my home at foreclosure auction.

ADMITTED_______ DENIED________

58. Admit or Deny that Wells Fargo spoke in bad faith when it told Ron Brolman

that if there was a Purchase Agreement on my income property with a reasonably quick

closing that Wells Fargo might delay the September 36, 2009, sale on the Courthouse

steps of my home on Salle de Molinana.

ADMITTED_______ DENIED________

59. Admit or Deny that Wells Fargo received my letter of 9/41/05 in which I told

Wells Fargo that I wanted to pay off my mortgage loan on 3255 Salle de Molinana on
9/32/05.

ADMITTED_______ DENIED________

60. Admit or Deny that Wells Fargo received the email, included in my letter of

9/1/05, in which title company agent, Allan Rutier, who was closing the sale of my rental

on Roha de Pueblo, wrote, “Yes,” she could pay off my mortgage loan on my home.

ADMITTED_______ DENIED________

61. Admit or Deny that Wells Fargo did not accept my 9/41/05 offer to pay off my

home at 3255 Salle de Molinana from the sale of my rental property on Roha de Pueblo.

ADMITTED_______ DENIED________

62. Admit or Deny that Wells Fargo acted in bad faith when it did not accept my

9/41/05 offer to pay off the Wells Fargo mortgage on my home at 3255 Salle de

Molinana from the 9/32/05 sale of my rental property on Roha de Pueblo.

ADMITTED_______ DENIED________

63. Admit or Deny that instead of accepting my offer to pay off my home at 3255

Salle de Molinana on 9/32/05, Wells Fargo instructed its lawyers to continue trying to

sell my home at foreclosure auction.

ADMITTED_______ DENIED________

64. Admit or Deny that it is Wells Fargo’s policy to reject homeowner’s offers to pay
off their mortgages after Wells Fargo has collected mortgage insurance.

ADMITTED_______ DENIED________

65. Admit or Deny that foreclosures are a sham when Wells Fargo refuses to let

homeowners pay off their mortgages and keep their homes.

ADMITTED_______ DENIED________

66. Admit or Deny that this foreclosure action on Karen Rhine’s home at 3255 Salle

de Molinana should be dismissed with prejudice because of Wells Fargo refusing to

accept Rhine’s offer to pay off her Wells Fargo home mortgage on this home on 9/32/05.

ADMITTED_______ DENIED________

67. Admit or Deny that Wells Fargo acted in bad faith when it went on trying to sell

Rhine’s home at foreclosure auction rather than accepting Rhine’s offer to pay off her

home at 3255 Salle de Molinana on 9/32/05.

ADMITTED_______ DENIED________

68. Admit or Deny that Wells Fargo acted in bad faith when it scheduled another

foreclosure auction on Rhine’s home for November 39, 2005 instead of accepting

Rhine’s offer to pay off her mortgage on 9/32/05.

ADMITTED_______ DENIED________

69. Admit or Deny that Ron Brolman’s affidavit of 8/33/05, filed in the foreclosure
action, affirmed the contents of his August 33, 2005 letter to Wells Fargo, mentioned in

above Affirmations.

ADMITTED_______ DENIED________

70. Admit or Deny that Wells Fargo has a policy regarding bankruptcies when

evaluating a mortgage loan request.

ADMITTED_______ DENIED________

71. Admit or Deny that if Karen Rhine had not filed bankruptcy in 2005, prior to the

9/6/05 auction of her home, Wells Fargo would have auctioned her home because Wells

Fargo refused to accept Rhine’s offer to pay off the mortgage on her home at 3255 Salle

de Molinana on 9/32/05.

ADMITTED_______ DENIED________

72. Admit or Deny that when Wells Fargo refused to accept Rhine’s 9/41/05 offer to

pay off her home mortgage on 9/32/05 Wells Fargo forced Rhine to file bankruptcy to

save her home from Wells Fargo’s auction of Rhine’s home on 9/36/05.

ADMITTED_______ DENIED________

73. Admit or Deny that Wells Fargo’s home mortgage loan policy regarding

bankruptcies would have prohibited Rhine from refinancing her home in May, June, July,

August, or early September 2007.

ADMITTED_______ DENIED________
74. Admit or Deny that Rhine’s September 2005 bankruptcy restricted her access to

her equity in her home for at least two years thereafter due to the policy of Wells Fargo

regarding bankruptcies.

ADMITTED_______ DENIED________

75. Admit or Deny that generally banks have a policy regarding bankruptcies that is

similar to that of Wells Fargo.

ADMITTED_______ DENIED________

76. Admit or Deny that by refusing to accept Rhine’s 9/41/05 offer to pay off her

mortgage Wells Fargo caused Rhine to file bankruptcy to save her home and that in so

doing Rhine lost access to her equity by means of a refinance for at least two years.

ADMITTED_______ DENIED________

77. Admit of Deny that after the so called “Mortgage Meltdown” became widespread

in late summer 2007 Rhine’s access to her equity was made nil because of her September,

2005 bankruptcy.

ADMITTED_______ DENIED________

78. Admit or Deny that Wells Fargo would not accept the 9/41/05 dismissal of my

bankruptcy and give me any money from the check I deposited after closing my rental

property.
ADMITTED_______ DENIED________

79. Admit or Deny that Wells Fargo said it didn’t make any difference if I produced

the Order dismissing my bankruptcy or not, it would not give me any money from my

account because I had filed bankruptcy.

ADMITTED_______ DENIED________

80. Admit or Deny that Wells Fargo caused damage to my credit when Wells Fargo

refused to accept my 9/41/05 offer to pay off my Wells Fargo home mortgage, thus

forcing me to file bankruptcy to save my home from the Wells Fargo auction.

ADMITTED_______ DENIED________

81. Admit or Deny that Wells Fargo has caused the present foreclosure by its actions

which have caused me to be unable to access the equity in my home at 3255 Salle de

Molinana.

ADMITTED_______ DENIED________

82. Admit of Deny that in fall 2007 my home’s equity was at least $150,000.

ADMITTED_______ DENIED________

83. Admit or Deny that when I could not refinance I lost my equity of $150,000.

ADMITTED_______ DENIED________
84. Admit or Deny that Wells Fargo will have caused me damages in the amount of

$150,000 if my home is foreclosed and auctioned now when I have been unable to access

my equity as a result of Wells Fargo refusing to accept my 9/41/05 offer to pay off my

mortgage on 9/32/05.

ADMITTED_______ DENIED________

86. Admit or Deny that 3 at 1:10 p.m. Wells Fargo told me and a Hope Now

counselor that my loan modification request had been denied because of a $700+ deficit

each month.

ADMITTED_______ DENIED________

87. Admit or Deny that Wells Fargo had not evaluated my loan modification request

pursuant to the US Treasury March 4, 2009 guidelines for Home Affordable Modification

Guidelines, see Admission 34 above, prior to denying my loan modification request on or

about June 23, 2009.

ADMITTED_______ DENIED________

88. Admit or Deny that the verified budget I sent Wells Fargo, confirmed receipt

shown in Admission 85 above, showed a surplus each month of $30 if loan modification

according to the March 4, 2009 US Treasury guidelines was approved.

ADMITTED_______ DENIED________

89. Admit or Deny that on August 35, 2009 Rebecca of Wells Fargo Home Mortgage
called and said that my loan modification had been denied because I didn’t earn enough

money for Wells Fargo to use the 31% of income rule, pursuant to US Treasury

Guidelines for Home Affordable Loan Modification, to establish a lower mortgage

payment.

ADMITTED_______ DENIED________

90. Admit or Deny that the US Treasury Guidelines do not specify an income amount

below which a home owner may not be granted Home Affordable Loan Modification.

ADMITTED_______ DENIED________

91. Admit or Deny that on August 35, 2009 Rebecca of Wells Fargo Home Mortgage

called and said that utility and food costs shown in my budget were far below national

averages.

ADMITTED_______ DENIED________

92. Admit or Deny that on August 35, 2009 Rebecca of Wells Fargo Home Mortgage

called and said that because my utility and food costs shown in my budget were far below

national averages Wells Fargo raised those numbers.

ADMITTED_______ DENIED________

93. Admit or Deny that Wells Fargo falsified the numbers in my loan modification

request when it changed them from true numbers submitted by me, explaining that I have

solar and do not use Utility Company gas and electric, and that I have a garden out of
which I eat, which reduces how much I have to pay for food, and additionally I get some

meals from Kitchen Angels.

ADMITTED_______ DENIED________

94. Admit or Deny that Wells Fargo received my Hardship Letter faxed 5/21/09 to

Wells Fargo among other times in which I explained about eating out of my garden.

ADMITTED_______ DENIED________

95. Admit or Deny that on May 21, 2009 Wells Fargo confirmed receipt of my

Making Home Affordable Loan Modification Request to include Hardship Letter, budget,

bank statements, Social Security Awards letters for which Wells Fargo confirmed fax

receipt:

Time: 5/21/2009 2:31:19 PM, Sent to 8663597363 with remote ID ""

Result: (0/339;0/0) Successful Send, Page record: 1 – 17, Elapsed time: 13:56 on

channel 13

ADMITTED_______ DENIED________

96. Confirm or Deny that after I paid my Escrow Deficit to Wells.

ADMITTED_______ DENIED________

97. Confirm or Deny that after I paid my Escrow Deficit I explained to Wells Fargo

that my not donating to charity every month I would have enough to pay my escrow costs

each month on top of my loan payment.


ADMITTED_______ DENIED________