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 cat on December 29, 2010 at 1:30pm

Hey James, our sheriff's sale date was August 5, 2010. Summary Judgment...not sure. Does this help us?

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Permalink Reply by James M on December 29, 2010 at 7:22pm

Sorry Cat, thought you were in Florida. The verification errors by Wells Fargo only directly affect FL actions. Looked you up, you are in Michigan so it does not apply. You should make sure there was no deficiency in the notice of foreclosure, and hire a lawyer to fight it if you can, if you have grounds. Grounds vary, maybe wrong party, no showing of standing, fraud in the inducement etc. A lawyer in your state may be able to help you on that. Non-judicial states are much harder than judicial becuase you have to bring an action against them to get it in to court.

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Permalink Reply by jamesForclosure on December 29, 2010 at 4:48pm

James M,

Herman John Kennerty and Heather Carrico...?

What is the significance of the court filed date?

thanks,

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Permalink Reply by James M on January 1, 2011 at 9:05am

The significance of the filing date is that after Feb 11 2010 all Florida complaints HAD to be verified. To do that Wells Fargo setup a small office just to verify the complaints. Turns out they were robo-signers and did not verify anything against the orignal documents. So all Wells Fargo complaints filed after Feb 11 of 2010 are open to attack and dismissal.

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Permalink Reply by saving my home in floridah on January 1, 2011 at 9:16am

why are there NO criminal allegations yet. and we still are waiting to see"what happens" all banks that have committed fraud should be held liable and all loans in the modification process or have been served with foreclosure papers should be ordered to be modified. An immediate hold on fannie/maefreddie mac payments for foreclosures to fraudulent mortgage servicers. this would immediately stablize the market. principal reductions are a must. we must beable to sell our homes if we can not afford them. this situations was non of our faults. we were just trying to exercise our right as an American citizen and use the mortgage interest deduction. job losses and illnesses should not make one lose a house. approving loans on the basis of appraisal fraud should be prosecuted. we are all in a black hole dont know where we will go in this universe