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Wells Fargo Scheduled to Show Cause on Fraudulent Foreclosure of Leonard Spears in State Supreme Court


On Wednesday, August 1, 10:00am Leonard Spears and Wells Fargo are scheduled to appear in State Supreme Court in front of Judge Bellini at the Hall of Justice, 99 Exchange Blvd.   The case was adjourned on July 11 when neither lawyers or a representative from Wells Fargo showed up to defend taking Mr. Spears home (see coverage in Democrat and ChronicleDaily Record, and Minority Reporter.

Judge Bellini has ordered that the eviction be halted and that Wells Fargo must show case for what appears to be fraudulent foreclosure.

Leonard Spears made local  and national headlines in May when he announced that, with the support of Take Back the Land Rochester, he would not be leaving his home at 26 Ries St., Rochester, NY (see Video ReleaseDemocrat and ChronicleDaily Record).  Given the level of fraud (Wells Fargo not even owning the mortgage when they foreclosed) support for Mr. Spears has flooded in from all over country including a solidarity action at the Freddie Mac headquarters in Washingon, D.C on June 4.  
Despite 10-12 attempts at a mortgage modification, Wells Fargo refused to negotiate with Leonard and instead asked him to continually resubmit the same paperwork. In order to take his home as quickly as possible Wells Fargo never personally served Leonard the Summons and Complaint for the foreclosure action, denying him proper recourse to defend his home in court. Instead Wells Fargo fabricated the paperwork saying they served Leonard and claiming he was up to 6 feet tall with black, brown, and blond hair!  Unfortunately for Wells Fargo, Leonard is about 5'6'', bald and has never had blond or brown hair.  In a further stroke of fraud, lawyers for Wells Fargo reveal that their client didn't own the mortgage or note when they foreclosed on Leonard Spears giving them zero legal standing to foreclose in the first place.  To add insult to injury, when Wells Fargo foreclosed on Mr. Spears, they sold his house to Freddie Mac for $500. Now Wells Fargo has to justify its foreclosure practices in court. Leonard Spears and Take Back the Land Rochester demand that Wells Fargo withdraw the foreclosure and for Freddie Mac to donate the house to the Rochester Community Land Trust, where Mr. Spears can stay in his house and keep it permanently affordable.
UPDATE: At the hearing this morning Judge Bellini stated she did not receive any papers from the Wells Fargo attorneys.  She wanted to give them the benefit of the doubt that since they were out of county that they tried but didn't know how to submit  an answer to the court.  As unlikely as this may be, Judge Bellini has given Wells Fargo yet another chance to continue the suspect foreclosure. Judge Bellini stated that she wanted to resolve the issue today.  The hearing resumes at 2pm today on the 4th floor of the Hall of Justice.