Filed Copy of Robinson Affidavit - Wells Fargo has finally admitted that the named Plaintiff does not actually exist at all

8/4/2019 Filed Copy of Robinson Affidavit - Wells Fargo has finally admitted that the named Plaintiff does not actually exist at all

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fN TH E C IR CU IT CO URT O F TH ESEVENTH JUD IC IAL C IRCUIT fN ANDFOR ST . JO HN S COUNTY, FL OR IDA

III

ASE NO .: CAI0-162 4D IV IS ION : 5 5

:"_' lI

COMP ASS BANK , as T rusteefor W FHM 23 02,Plaintiff;

T AN IA LYNN VAN PELT , et aI.,v.

Defendants .------------------------~/

PLAIN TIFF 'S NOT IC E O F FIL ING ATTACHED ORIG INALAFF IDAV IT OF JENN IFER ROB IN SON

Plain tiff, C om pass B ank, as T rustee for W FHM 2302, through undersigned counsel,g iv es n otic e o f filin g th e a tta ch ed o rig in al A ffid av it o f Je nn ife r Robin so n in c omp lia nc e w ith th eC ourt's O rder entered on July 29, 2011, to be incorporated and m ade a part of the record of th isaction.

CARLTON F IELDS , P .A .CNL C en ter at C ity C ommon s450 S . O range A ven ue, S uite 500Orlando, F lo rid a 32801- 3336Te lephone : (407) 849-0300F ac sim ile:)~ 7) 6 48 -9 09 9BY:-t-~++...:.___;.~~q--v- _

[email protected] ril Y . Wa lk erF lo rid a B ar N o . 0 12 52 [email protected] fo r P lai nt if f CompassB ank as T rusteefor WFHM 2 302

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mailto:[email protected]:[email protected]:[email protected]:[email protected]


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33622-5018.

CERTIF ICATE OF SERVICEI hereby certify that on this 1z t h d ay o f S ep tem ber, 2011, a copy of the foregoing w as

fu rn ish ed v ia U . S . m ail, p ostage prep aid, to : J am es A . K ow alski, Jr., Esq., L aw O ffices ofJames A. Kowalsk i, Jr., P L, 1 26 27 S an Jo se B lv d., S uite 2 03 , Jac kso nv ille , F L 3 22 23 an d JennaFortang, Esq., or designee, Florida D efault Law Group, PL , P.O . Box 25018, Tampa, FL

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CASE NO .:DIVISION: CAlO-16245 5

IN TH E CIRCU IT CO URT O F TH ESEV EN TH JUDIC IA L COURT IN ANDFOR ST. JOHNS COUNTY , F LORIDA

COMPA SS BANK, a s T rus te efor W FHM 2302,Plaintiff,

vs.TAN IA LYNN VANPELT , e t a I.,

Defendants.------------------------./

AFFIDAV IT O F JENN IFER ROB IN SONS TATE OF F LORIDACOUNTY O F PO LK

BEFORE ME , th e und er sig ned auth ority , d uly a uth or iz ed to a dm inis te r o ath s, p er so na lly

1. M y name is Jennifer Robinson. I am over the age of eighteen, sui juris, and ama pp ea re d, J en nif er R ob in so n, wh o, b ein g f irs t d uly swo rn , o n o ath , d ep ose s a nd s ay s th at:

a uth oriz ed to ma ke th is a ff id av it o n b eh alf o f We lls F arg o B an k, N .A . ("We lls F arg o").2 . I am presently em ployed by W ells Fargo as a D efault L itigation Specialist. In this

position, I am responsible for w orking as a liaison w ith local counsel to research the businessrec ord s k ep t b y We lls F arg o B an k, N .A ., to research litig atio n claim s, p ull d ocumen ts if n eed edan d w ork as a su pp ort.

3 . T he facts stated in this affidavit are based upon records m aintained in the ordinarycourse of W ells F argo 's business, as part of regularly conducted business activity, by or from

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oinformation transmitted by person(s) with knowledge of the events described therein, at or nearthe time of the event described. These records are Wells Fargo's own records, and I have

4. The facts stated in this affidavit are also based upon my personal familiarity withpersonal knowledge of the procedures by which these records were prepared and kept.

5. I have reviewed Wells Fargo's records for Loan No. 708-0224123885 (the

the manner in which images of loan documents are loaded onto Wells Fargo's electronic systemwhen it acquires a loan for servicing.

"Loan") relating to Defendant, Tania VanPelt ("Defendant"). Wells Fargo is the contractualervicer for the loan and was the loan servicer at the time this lawsuit was commenced. I havealso reviewed the Complaint filed in this lawsuit, Plaintiffs Notice of Filing Copy of theOriginal Note dated April 11, 2011, and the Court's Order dated July 29,2011.

6. The copy of the original Note filed in this lawsuit in April 2011 is different fromthe copy of the Note attached to the Complaint because of how images of loan documents areloaded onto Wells Fargo's electronic storage system when it acquires a loan for servicing, not

7. When Wells Fargo acquires a loan for servicing, it is provided with a previouslybecause of any fraud on the part of Wells Fargo or the Plaintiff.

imaged copy of the loan origination file, including the Note. These images are loaded ontoWells Fargo's servicing system. At the same time, if Wells Fargo is the document custodian, it

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will be provided with the original loan documents which are placed in secure storage. In thepast, these original documents generally were not imaged but were instead sent directly to securestorage. If Wells Fargo was not the document custodian, the original documents were sentdirectly to secure storage with the designated document custodian and Wells Fargo would notaccess them until needed, for example, in a foreclosure matter.

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o8. In the past, through the above process, the endorsement or allonge to the Note

would sometimes not appear on the image housed on Wells Fargo's servicing system. Thereasons for this are many including failure to image the back side of pages that containendorsements, failure to make the image dark enough to pick up the endorsement, failure to copyall pages of the Note, or failure to image the original endorsed note from the collateral file rather

9. When Wells Fargo refers a case to foreclosure counsel for institution ofthan a copy of the note from a pre-endorsed copy of the origination file.

foreclosure proceedings, it does two things - (1) it orders the original documents (contained in

10. Thus, at the time foreclosure proceedings are commenced, foreclosure counsel

he collateral file) from offsite storage and (2) it electronically transmits the imaged Note andMortgage to foreclosure counsel. Because of the timing of these two events, sometimes, theendorsed note from the collateral file would be imaged in time that the copy of this documentwould be sent to counsel. Other times, however, the older image resident on the servicingsystem would be sent with the original loan documents following at a later date.

may only have an inaccurately imaged version of the Note or a pre-endorsed copy of the Note,neither of which are accurate and/or complete copies of the original Note from the collateral file.

11. Such was the case in this lawsuit which explains why an incomplete copy of the

12. The difference between the copies of the original note filed in this case relates to

Note with no endorsement was filed with the Complaint in June 2010 and why a complete copyof the original Note with the endorsement was filed later in the case.

how loan documents are imaged onto Wells Fargo's system when acquired and was not, in anyway, related to any fraud on the part of Wells Fargo as contractual servicer for the loan or thePlaintiff.

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o13. Plaintiff was in possession of the original note before and at the time the

c omp la in t w as file d in th is c ase .F URTHER AFF IAN T SAITH NAUGHT .

U nd er p en altie s o f p erju ry, I d eclare th at I h av e re ad th e fo re go in g A ffid av it a nd th e fa ctssta te d in it a re tru e.DATED : S ep tembe r 7 th , 2 01 1.

v([]

is p erso nally k nown to m e; o rwho has produced a

The foregoing instrument was ackri before me, an officer duly authorized in theS tate an d C ounty aforesaid, to take acknowledgments, this i day of Septem ber, 2011, byJen nifer R obinson, WELL S FARGO BANK , N .A ., its V ice P residen t of L oan D ocum entation,who:

(name of state) D river's License N o.__________________ as identification; and who:[ ] did or[ ] did not take an oath.

NOTARY PUBLIC :

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SEAL

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Documents

Filed Copy of Robinson Affidavit - Wells Fargo has finally admitted that the named Plaintiff does not actually exist at all