Supporting, Informing & Connecting People in Foreclosure

Update on our fight with Wells Fargo

Here's my original thread:

http://www.foreclosurehamlet.org/forum/topics/trying-to-redeem-our-...

I have written all our congressmen and all but one of them have just sent me info on the housing counselor in our area who was NO help at all. One - Carl Levin (Michigan) - had me send in a privacy release and said he would look into our case with Freddie Mac.

After lots of calls and emails I finally got somewhere after I sent an email to the Executive Office at WF and finally got an answer. It may have had something to do with me pointing out the fact that they TWICE asked for money in exchange for consideration for a loan mod. The gal they put in charge of our case is great, listened to us, and had us file all of our papers with her.

She told us that we have a great case to rescind the foreclosure and when she takes on a case she has never been turned down. WELL.....three weeks later (60 days left before eviction) we finally heard back from her after numerous calls and an email to the office again.

Apparently she took our case to (not sure who!) and was REJECTED in part because we got an earlier mod two years ago. (That mod was basically forced on us when we fell one month behind when my husband lost his job.) They came to us offering the mod, no big deal, took it, done.

My husband explained this to her and she said she knew the circumstances and told this person all of this, in addition to the issue of the "pay for a mod" thing WF pulled. SO now she has forced this person to go back and take a look again at our case and once again assured us it will be fine and turn out ok. My husband mentioned the senator looking into things and she said it would make no difference.I am not feeling good about this and am looking for alternate housing. It breaks my heart.

So once again, we sit and wait.... our eviction date is Feb. 5. Not sure what else we can do. Anybody with ideas??

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Permalink Reply by saving my home in floridah on December 12, 2010 at 10:02pm

what happened at foreclosure court. please get a copy of the REST report. the banks are scamming us.

they want the foreclosure. we want our house. they will do anything for the foreclosure we are only a number. please let me know if you get the rest report present it to the judge. do not leave your home thats what they want. try and get the rest report and get to court with it. i also have wells fargo and they are trying to get more money from. mi lst my job last year and got behind. and never caught up we cant. mortgage to high.

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Permalink Reply by cat on December 12, 2010 at 10:21pm

What's a rest report and how do I get one?

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Permalink Reply by Lisa on December 12, 2010 at 10:58pm

From what I can tell, it is a report that you buy. http://www.hamprestreport.com/

If your house is scheduled for a Sheriff's sale, (or, even if you are post sale), file a complaint with HOPE or the Department of Treasury regarding lack of access to HAMP. The Dept of Treasury has a HAMP Escalation Solution Team to investigate allegations of wrongful denial to the HAMP program by servicers.

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Permalink Reply by cat on December 13, 2010 at 7:04am

We don't qualify for HAMP - we just want to get a loan mod to take care of the outstanding balance. We filed one with the OCC which got their attention and prompted a timeline on our account from WF, which was full of lies of course.

I will check out those two to see if we qualify. Thanks.

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Permalink Reply by Lisa on December 13, 2010 at 9:48am

I'm very familiar with Wells Fargo's lies. They auctioned my house out from under me eight months ago, despite the fact that I had my fourth HAMP modification application submitted. NW Trustee Services had flames dancing around my house on it's website. It was advertised as one of the hottest properties for sale in our area. I guess it was, because its already been sold twice this year.

I'm still in the running for a modification, much to Wells Fargo's chagrin. (I'm using the escalation program).

There are a number of programs available for non-HAMP applicants. Call other lenders. You are not restricted to dealing with Wells Fargo. Also, there are videos available on You Tube that assist homeowners with a preliminary review of their original loan documents (fraud audit). Most loans documents contain serious errors. If you find a Truth in Lending Error, or have an inflated appraisal, you may have additional bargaining power with Wells Fargo.

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Permalink Reply by cat on December 13, 2010 at 10:13am

So are you still in your house? We have only 60 days until the eviction. Not sure where to go at this point, especially with our trashed credit.

Any ideas?

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Permalink Reply by cat on December 15, 2010 at 11:28am

We thought we were getting closer to a solution with WF and now today they ask for $17k to be REVIEWED once again.

WTF??

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Permalink Reply by Phred Maldonaldo on December 15, 2010 at 1:50pm

I am not an attorney. Please do not construe the following as legal advice.

Sounds like your intuition about not paying for a loan mod is right on the money. Tell them you will make a first payment of $17k AFTER the loan mod papers are signed as part of the payment plan. The $17k reflects their out of pocket expenses, things they paid cash for, like taxes and insurance plus some bogus fees. Once paid you tacitly agree that the fees aren't bogus.

Also be wary of the time-worn tactic of having a clause as part of the loan mod to the effect that you give up all further legal rights. This protects them if you discover they really don't have the note, for instance. Redact it, initial it, and tear out a piece of the margin about the size of the tip of your thumb so you can verify the original loan mod documents if necessary. Staple the torn piece to your copy of the documents.

If you are modifying the loan, that agreement must be permanently attached to the original note and allonge (if any). Since they will be taking it from the vault anyway, make a QWR (qualified written request) to them for a true copy of the original note and allonge.

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Permalink Reply by cat on December 15, 2010 at 4:18pm

Thanks for the thoughts Phred...the thing is, they want the $17k to be "reviewed" for the mod, not as part of the mod as I see it. They are just pieces of trash, trying to cheat everyone they can. How can they be allowed to do this?

Permalink Reply by jamesForclosure on December 29, 2010 at 4:47pm

Lisa,

quote:"

Also, there are videos available on You Tube that assist homeowners with a preliminary review of their original loan documents (fraud audit)."

Where on youtube are these videos?

thanks

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Permalink Reply by saving my home in floridah on January 1, 2011 at 8:37am

It is a a computer software program banks use to push your loan aling in the modification proccess. but it costs 895.00. they htink because we are not paying our mortgage we have money. the whole reason people stop paying the mortgage is the dont have the money and looking for alternative work situation. why scam us with 895.00?? when it can save our home. why so much money and make us get a layer when we get lis pendens. it makes nonsense . but of this does. in the rest report your financial are entered and you move along to the next "cog" what the banks are doing are lieing so we don't get approved to push us to foreclosure but apparently if you show up to court with a rest report the judge has to order the bank to give you a mod.

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Permalink Reply by James M on December 29, 2010 at 1:07pm

This is a Wells Fargo case, was it filed in court after Feb 11th 2010 or is it older than that? This is critical, becuase it turns out WF was robo-signing the verifications.

Also, what was the date of your Summary Judgment order ? Drop me a personal message.