<![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu - Consumerist Comments]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu - Consumerist Comments]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @mac-phisto:
"if destroyed records were subpoenaed, proof of their destruction in accordance with the law would satisfy the subpoena."

Agreed, but from what the internets tell me, if you have the record, you have to produce it:
[209.85.175.104]

This judge seemed to have reason to believe the records still existed and he was right, apparently. That seems to make the retention laws irrelevant (but I am not a lawyer).

landsnark

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @orielbean:

Wamu wouldn't allow me to change my business address on their website!

This has as much to do with this story as this comment:

"My WAMU credit card (via Paypal credit card) give me my FICO credit score for each month. No annual fee for the card or the score, and I don't carry a balance on it currently.

FICO scores are a really useful tool to have for refinancing and loans, especially when you don't need to pay for the scoring service."

(Thanks for sharing about your Wamu credit card!)

HurfDurf

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @landsnark: my understanding of the law regarding retention is that the company cannot be held liable by a court of law if you abide by the retention schedule set forth by the legislature.

if destroyed records were subpoenaed, proof of their destruction in accordance with the law would satisfy the subpoena.

mac-phisto

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> it's in the mail... hahahahahahaha

Juggernaut

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @mac-phisto:

Surely those rules are for consumers, not legal proceeding? That is, if a judge wants to see a record, you had better fork it over unless you want to see a jail.

As for finding the record being difficult - surely it's easier than sending one of your lawyers not once but twice to a court hearing?

Not sure why WaMu was stonewalling, but since the records finally appeared, it's pretty clear that this was in fact stonewalling as opposed to an honest difficulty in tracking down paperwork.

landsnark

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> "a few years back" <--- there's the problem right there. retention guidelines vary from state to state, but in my state, loan documentation only has to be retained for 24 months after the loan is paid off. a cancelled cashier's check must be retained for 7 years.

a bank cannot be held accountable under the law for failing to produce documentation outside of the retention period.

if "a few years" was 3, this is just a typical case of people doing their jobs very poorly. however, if "a few years" is really 10, finding this information can be quite difficult.

& if we're dealing with bank mergers (like you took the loan from bank A which was sold to B & subsequently C) researching old info is a logistical nightmare.

mac-phisto

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> Wrong approach. Law firms aren't subversive enough. If after going the subpoena route I got no action. If the loan was still active would have filed a satisfaction of lein and sent a copy to the bank. Totally bogus of course but somebody at the bank would respond. They want their money more than they want to provide service.

The lawyer can then request due cause for proof a loan was made. Presumably the check would be part of that package. The right judge might even turn a blind eye to such shenanigans just to get action.

I am glad I don't bank with them!

JohnMc

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @Copper, the customer said they wanted a copy of the cashed cashiers check, not the yellow copy that the teller keeps.
BTW if the customer knew what day three years ago, like maybe a copy of the statment showing a 30K withdrawal, then the asst. mgr. of the WAMU (in theory, mind you) can look up an ODSxxx-BRNN report for that day. See the issuing check number for the cashier's check in the transaction detail, then call the 1-800 IPS number located on all the cashier's checks they issue and have a copy of the item faxed to the branch in 15 minutes, since the item was imaged when it was cashed. That is an entirely different type of request. If you want someone to dig through a warehouse full of bankers boxes looking for a little yellow piece of paper, expect some disappointments.


CaptRavis

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @CharlieInSeattle: You are correct, but it was a cashiers or Treasurers check, and are drawn not on your account, but a general ledger or corporate account at the bank funding the instrument. So Wamu is their own customer, and should have been able to produce either an imaged printout or a microfiche copy.

CaptRavis was correct in that if the instrument was payable through a third party (i.e. wells), WaMu would not have the actual "cashed" imaged readily available, but should have been able to obtain it via their research departments direct request to Wells (this is common between banks, BUT often can be more than a few weeks if it is an old, non-imaged document.).

WaMu keeps their copy more for due-diligence identity verification under the Patriot Act, Know your Customer regs, and a few other identity and anti-money laundering verification regulations.

If WaMu issued the check under their own corporate treasurers check account, then they should have "ready" access to the imaged check on computer or image file after processing.

WaMu -1

NoWin

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> My WAMU credit card (via Paypal credit card) give me my FICO credit score for each month. No annual fee for the card or the score, and I don't carry a balance on it currently.

FICO scores are a really useful tool to have for refinancing and loans, especially when you don't need to pay for the scoring service.

orielbean

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> Well that is outrageous, but as a WAMU customer, I can get copies of my cashed checks online.

CharlieInSeattle

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> I've read that some real estate foreclosures are derailed because the banks and financial firms can't produce documents that show they own the mortgage. They simply cannot find them.

Landru

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @CaptRavis If it was made at WaMu they SHOULD have a copy. When I took out a cashier's check, the teller kept a copy for the bank, I got a copy, and then there was the actual check. And yes, there's a little blame to the actual person for losing their slip, but that's not really the point. It's the fact that WaMu said they'd send it a few times, but never did. Even under subpoena, it took a few times before they coughed it up. So shut up blaming the client.@CaptRavis: @CaptRavis:

Copper

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> If it was an cashed Cashier's Check then WAMU didn't have it. They only sold it. It would have been paid through Wells Fargo Bank, via a third party vendor, Intergrated Payment Systems. Honestly, you must blame the customer for losing his copy in the 1st place. What is one year of document research at $25.00 per hour cost and where should WAMU send the bill,not to mention the $35.00 subpeona processing fee! Whoo-hoo, indeed.

CaptRavis

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> @Toof_75_75

That's exactly what I was going to say. Maybe they should call some Execs and see where that takes them.

Nogard13

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> Where's the fun in using a subpoena? I thought the whole point of using WaMu was to argue with the drones on the phone and in the banks, without any sort of solution to your problems. It's like gambling: "Will they actually listen/care this time?"

EyeHeartPie

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> Now everyone is going to subpoena documents from banks and ruin it for the rest of us.

SaveMeJeebus

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> Maybe the law-firm needed to utilize the EECB...I'm just saying.

Toof_75_75

]]> <![CDATA[It Takes Two Subpoenas And A Contempt Threat To Get A Response From WaMu]]> WaMu, Fail. Best Buy of banks.

Pro-Pain

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