Wells Fargo Bank vs. Wells Fargo Bank Print
Thursday, August 06 2009

With the financial sector struggling and consumer fees rising, the last thing banks need right now is to defend against lawsuits – especially a lawsuit one bank has filed against itself.

In a Florida foreclosure case, Wells Fargo Bank NA has filed a civil complaint against itself, with the bank engaging separate lawyers and law firms on each side of the case – as plaintiff and defendant.

“Due to state foreclosure laws, lenders are obligated to name and notify subordinate lien holders,” said Wells Fargo spokesman Kevin Waetke. In this case, Wells Fargo holds the first and second mortgage on a condominium. As holder of the first mortgage, Wells Fargo is suing all other lien holders, including itself as holder of a second mortgage.

“You can't sue yourself,” attorney Dan McKillop, who represents the condo owner, said. “It's just so ridiculous. … It's a waste of paper. It's a bastardization of the legal process.”

“This is just folks cranking out paperwork without conscious thought,” added Anthony Sabino, a law professor at St. John's School of Law in New York City.

—Source: FOXBusiness.com