You won't BELIEVE this!! - Loan Modification Forum

cleach · 10-27-2009, 05:51 AM

Our house was auctioned on 10/6. I called both WF and McCalla Raymer, the attorney in charge of the foreclosure to confirm this. As of yet - we haven't heard ANYTHING from Wells, from their REO dept., the sheriff or anyone about the house being sold & being evicted.

So yesterday (3 weeks after the sale) I got a letter from Wells telling me that they were reviewing our mod, please be patient (lol, lol, lol) & KEEP SENDING YOUR REGULAR MONTHLY PAYMENTS.

I called them and was told - No, it wasn't sold. It must've been postponed. I called the atty. again and was told it WAS sold, that the deed had been sent to the superior court, Wells was the only bidder.

At least now I know why we've haven't gotten anything about being evicted -- Wells doesn't know they foreclosed on my house!!

This is just too much.

ama125 · 10-27-2009, 06:23 AM

What a bunch of morons!

AZOwner · 10-27-2009, 06:36 AM

I hope that you have an attorney.

We would like to share your story, would you please email junior.erin@gmail.com?

Speak soon!
Melissa

cleach · 10-27-2009, 06:48 AM

Melissa, just emailed you.

Believe · 10-27-2009, 07:09 AM

OMG, this is unbelievable!

To Wells Fargo and all the other mortgage services/lenders out there: THE GAME IS OVER! WE ARE GOING GLOBAL WITH OUR FIGHT! YOUR ILLEGAL AND IMMORAL ACTIVITIES ARE ABOUT TO BE EXPOSED!

caldwellb02 · 10-27-2009, 07:12 AM

Oh Cleach, what a nightmare. OMG. I am so sorry. We have GOT to change this!

Believe · 10-27-2009, 07:13 AM

cleach, did your papers come from West Des Moines, IA? I really have a notion to e-mail your post to all the media in this area.

cleach · 10-27-2009, 07:28 AM

Yes, all our paperwork comes from Des Moines with the exception of a few things that have come from California.

We are waiting until next week to take any further action. In Georgia, there's a 30 day window they have to file for a deficiency judgment. That date is up next Tuesday, and then we'll be going at them full force. Trying to lay low until their date has passed, so as not to clue them in. We'd love to have the media know about this - after that date, KWIM?

mimirayo · 10-27-2009, 07:31 AM

I can believe it one of the biggest problems with Wells it that no one knows what the other is doing. When my problem first started with them when I put a payment plan in place.Then I get a letter stating the foreclosure date is days BEFORE my first payment was due! Then they lost the payments and said I broke the plan, and they were starting foreclosure again. Their stupid accounting cost me over 2000.00 in attorney fees.

I would check the rules in your state about the notices they have to give after the sale.Then I'd check if they followed them, here in MD they have to post it for a month so anyone else who has a claim can contest it. Look at your county land records and see if it has changed from your name to theirs...maybe they did make a mistake.

BadBobMo · 10-27-2009, 07:34 AM

If that deed has been sold and you are no longer on the deed, don't seen any more $$$ to them. If they did not spend all of there time trying not to help then they might not be so screw-up all the time!
If you have hard copies of this save them, because there are laws that would come into play regarding them trying to take $$$ when there legal rights have changed.

cleach · 10-27-2009, 07:36 AM

Mimi, I think you looked for me the other day, and the time frame for notifying after the sale was 5 days in GA?

Our situations are very similar, down to lost payments, sale dates before payments due, etc.

The attorney's office told me that the land deed had been processed and sent to Superior Court. I know from past experience that it takes several weeks for the deed to actually be recorded, but it was auctioned.

It really is just comical to me at this point, really. I wish I'd gone to the court (like you did) so that I could've actually seen it happen.

cleach · 10-27-2009, 07:39 AM

Oh don't worry, we're not sending any more money. We'd already made 6 months worth of (2 separate trials) trial payments only to be foreclosed on anyway.

Believe · 10-27-2009, 07:39 AM

Cleach, okay, just let me know when it would be a good time. Very rarely is there any mortgage mess news in the local media here, because there just isn't the problem here in Iowa that there is elsewhere in the country. I feel like the lone ranger. Wells Fargo seems to be on a hiring frenzy - I know of three people who were fired from previous jobs, and then were hired by Wells Fargo. That might explain why WF can't get their sh!t together, and don't know they sold/bought your house. Abuses like yours would make for some interesting news. I AM SO SORRY you are going through this!

cleach · 10-27-2009, 07:42 AM

Oh, and another thing that cracked me up, the poor representative at Wells Fargo tried to tell me how just overwhelmed they were, and have a little sympathy for WF. Um, yeah.

mimirayo · 10-27-2009, 08:18 AM

It's pretty sad. I check my newspaper every day to see if the list my house as sold or up for foreclosure. I often wonder if I did not put the request for a stay in, if they would have told me it was sold, even though here was no actual auction. I know they don't want anyone buying properties but themselves.

Because there was no actual auction is why I have been telling people to go to the sale anyway. I was resigned to the fact it would be auctioned, but anyone else who supposedly had their house auctioned by the same attorney's that morning have no clue that there was no auctioneer, people...nothing.

bloominga · 10-27-2009, 02:12 PM

cleach, I am in GA but have Green Tree. I could not be more sorry that this has happened. To have your house sold and no one know about it is insane!

This just means we need to work HARDER and FASTER to get this all changed. It just can't continue!!

Please forgive me for not seeing this sooner. I have been trying to get a bug and spent the day in bed.

darlyj · 10-27-2009, 03:33 PM

OMG cleach....and people have a hard time understanding WHY some of these companies are still stranded up Sh*t Creek with no paddle or shovel.

I hope that you nor anyone else is offended because no offence is meant, but I had to laugh at that one...truly, truly classic. Seriously, you can't make this stuff up.

I hope you're planning on living rent free as long as possible. If they don't know the house has been sold you may be set for awhile.

Good luck to you!

Viva mattress fund!

davephx · 10-27-2009, 04:48 PM

This terrible story seems to just cry for media attention. I bet media would be very interested in that Wells didn't even know had been sold while under consideration...

I don't recall prior posts but said to make regular payments so not actually IN the trial program yet. But that may not be that much of an issue if Wells was at least considering you since they have to supposedly consider for HAMP before foreclosuing or selling.

Media attention could also embarrass Wells to reverse it. I understand wrongful sales can be reversed at a huge cost to the servicer. As I understand it can be easier if Wells was the only bidder vs undoing a sale to an investor. But state laws are very different on how it can be handled. Here you are lucky you have an attorney who hopefully can straighten it out.

caldwellb02 · 10-27-2009, 05:00 PM

Shoot. If you are out of the mortgage, maybe you could buy it from Wells at a much reduced rate!

pdsfoley · 10-27-2009, 05:10 PM

SPEECHLESS here.........

cleach · 10-28-2009, 05:05 AM

darlyj, we're not offended by laughing - we're laughing too! I mean, come ON! How can you foreclose on someone & not even know it?

Yes, WF seemed "panicked" when I called them after receiving the letter. We've done the trial payment thing to be "considered" for a mod 2 different times. The rep I spoke to said "Oh no! It was always my understanding that foreclosure proceedings were postponed as long as you were in a workable plan". I replied "Well then, Wells Fargo is in a bunch of trouble, aren't they?" That's when she went to get her supervisor & after about 20 mins., came back on the line & told me that I was mistaken - the house had not been sold. Um, yes it has. I've confirmed it with the attorney & with superior court.

We are planning to bring media attention to this, as well as persue our legal options AFTER next week when the 30 days from the date of the sale has passed.

We were prepared for the house to sell, and don't really want it back - but that is beside the point.

It never ceases to amaze me what goes on with these banks!

cleach · 10-28-2009, 05:07 AM

Quote:

Originally Posted by caldwellb02

Shoot. If you are out of the mortgage, maybe you could buy it from Wells at a much reduced rate!

That's exactly what my husband said - our local bank told us they would write the loan for us to buy it back if we wanted it. I'd love to see how much we could get it for!

aubie37 · 10-30-2009, 04:31 PM

Quote:

Originally Posted by cleach

Our house was auctioned on 10/6. I called both WF and McCalla Raymer, the attorney in charge of the foreclosure to confirm this. As of yet - we haven't heard ANYTHING from Wells, from their REO dept., the sheriff or anyone about the house being sold & being evicted.

So yesterday (3 weeks after the sale) I got a letter from Wells telling me that they were reviewing our mod, please be patient (lol, lol, lol) & KEEP SENDING YOUR REGULAR MONTHLY PAYMENTS.

I called them and was told - No, it wasn't sold. It must've been postponed. I called the atty. again and was told it WAS sold, that the deed had been sent to the superior court, Wells was the only bidder.

At least now I know why we've haven't gotten anything about being evicted -- Wells doesn't know they foreclosed on my house!!

This is just too much.

Cleach,

This is a horrible situation to be in. Most of these banks are simply too big now to handle issues that are simple let alone the mortgage mess we are in. Good luck to you as it seems you may now have the upper hand here.

AZOwner · 10-30-2009, 08:24 PM

When you are ready to go public, re-email me. I will need your name and contact information. You indicated you emailed me on the 27th, however, I cannot connect your name to your user name on the forum -- sorry, may have gotten happy with the delete key.

Go get 'em!

junior.erin@gmail.com
azowner

ama125 · 10-31-2009, 04:47 AM

Cleach - do you know who initiated the foreclosure? I am just wondering if MERS was listed acting as the nominee and they are the ones who foreclosed but never informed WF. I'm just trying to figure out how WF is seemingly so unaware that your house was sold at auction. I swear if that IS the case, then MERS really is like Skynet in The Terminator movies... the whole foreclosure machine has gone haywire to the point that the servicers don't even know when they are foreclosing. So, just wondering if this is the case for you. Has anything else happened since your last post?

10-27-2009, 05:51 AM	#1 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	You won't BELIEVE this!! Our house was auctioned on 10/6. I called both WF and McCalla Raymer, the attorney in charge of the foreclosure to confirm this. As of yet - we haven't heard ANYTHING from Wells, from their REO dept., the sheriff or anyone about the house being sold & being evicted. So yesterday (3 weeks after the sale) I got a letter from Wells telling me that they were reviewing our mod, please be patient (lol, lol, lol) & KEEP SENDING YOUR REGULAR MONTHLY PAYMENTS. I called them and was told - No, it wasn't sold. It must've been postponed. I called the atty. again and was told it WAS sold, that the deed had been sent to the superior court, Wells was the only bidder. At least now I know why we've haven't gotten anything about being evicted -- Wells doesn't know they foreclosed on my house!! This is just too much.

10-27-2009, 06:23 AM	#2 (permalink)
ama125 Senior Member Join Date: Jun 2009 Location: Reading, PA Posts: 1,488 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! What a bunch of morons!

10-27-2009, 06:36 AM	#3 (permalink)
AZOwner Senior Member Join Date: Jul 2009 Location: Phoenix, AZ area Posts: 320 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! I hope that you have an attorney. We would like to share your story, would you please email junior.erin@gmail.com? Speak soon! Melissa __________________ PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS \| Petition2Congress \| Our Huffington Post Article: (leave a comment) http://www.huffingtonpost.com/richar..._b_342665.html

10-27-2009, 06:48 AM	#4 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Melissa, just emailed you.

10-27-2009, 07:09 AM	#5 (permalink)
Believe Senior Member Join Date: Feb 2009 Location: Iowa Posts: 361 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! OMG, this is unbelievable! To Wells Fargo and all the other mortgage services/lenders out there: THE GAME IS OVER! WE ARE GOING GLOBAL WITH OUR FIGHT! YOUR ILLEGAL AND IMMORAL ACTIVITIES ARE ABOUT TO BE EXPOSED! __________________ PLEASE SIGN OUR PETITION! PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS \| Petition2Congress \| Thank you!

10-27-2009, 07:12 AM	#6 (permalink)
caldwellb02 Senior Member Join Date: Nov 2008 Location: Northern CA Posts: 1,764 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Oh Cleach, what a nightmare. OMG. I am so sorry. We have GOT to change this!

10-27-2009, 07:13 AM	#7 (permalink)
Believe Senior Member Join Date: Feb 2009 Location: Iowa Posts: 361 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! cleach, did your papers come from West Des Moines, IA? I really have a notion to e-mail your post to all the media in this area. __________________ PLEASE SIGN OUR PETITION! PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS \| Petition2Congress \| Thank you!

10-27-2009, 07:28 AM	#8 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Yes, all our paperwork comes from Des Moines with the exception of a few things that have come from California. We are waiting until next week to take any further action. In Georgia, there's a 30 day window they have to file for a deficiency judgment. That date is up next Tuesday, and then we'll be going at them full force. Trying to lay low until their date has passed, so as not to clue them in. We'd love to have the media know about this - after that date, KWIM?

10-27-2009, 07:31 AM	#9 (permalink)
mimirayo Senior Member Join Date: Nov 2008 Posts: 173 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! I can believe it one of the biggest problems with Wells it that no one knows what the other is doing. When my problem first started with them when I put a payment plan in place.Then I get a letter stating the foreclosure date is days BEFORE my first payment was due! Then they lost the payments and said I broke the plan, and they were starting foreclosure again. Their stupid accounting cost me over 2000.00 in attorney fees. I would check the rules in your state about the notices they have to give after the sale.Then I'd check if they followed them, here in MD they have to post it for a month so anyone else who has a claim can contest it. Look at your county land records and see if it has changed from your name to theirs...maybe they did make a mistake.

10-27-2009, 07:34 AM	#10 (permalink)
BadBobMo Senior Member Join Date: Feb 2008 Posts: 194 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! If that deed has been sold and you are no longer on the deed, don't seen any more $$$ to them. If they did not spend all of there time trying not to help then they might not be so screw-up all the time! If you have hard copies of this save them, because there are laws that would come into play regarding them trying to take $$$ when there legal rights have changed.

10-27-2009, 07:36 AM	#11 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Mimi, I think you looked for me the other day, and the time frame for notifying after the sale was 5 days in GA? Our situations are very similar, down to lost payments, sale dates before payments due, etc. The attorney's office told me that the land deed had been processed and sent to Superior Court. I know from past experience that it takes several weeks for the deed to actually be recorded, but it was auctioned. It really is just comical to me at this point, really. I wish I'd gone to the court (like you did) so that I could've actually seen it happen.

10-27-2009, 07:39 AM	#12 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Oh don't worry, we're not sending any more money. We'd already made 6 months worth of (2 separate trials) trial payments only to be foreclosed on anyway.

10-27-2009, 07:39 AM	#13 (permalink)
Believe Senior Member Join Date: Feb 2009 Location: Iowa Posts: 361 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Cleach, okay, just let me know when it would be a good time. Very rarely is there any mortgage mess news in the local media here, because there just isn't the problem here in Iowa that there is elsewhere in the country. I feel like the lone ranger. Wells Fargo seems to be on a hiring frenzy - I know of three people who were fired from previous jobs, and then were hired by Wells Fargo. That might explain why WF can't get their sh!t together, and don't know they sold/bought your house. Abuses like yours would make for some interesting news. I AM SO SORRY you are going through this! __________________ PLEASE SIGN OUR PETITION! PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS \| Petition2Congress \| Thank you!

10-27-2009, 07:42 AM	#14 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Oh, and another thing that cracked me up, the poor representative at Wells Fargo tried to tell me how just overwhelmed they were, and have a little sympathy for WF. Um, yeah.

10-27-2009, 08:18 AM	#15 (permalink)
mimirayo Senior Member Join Date: Nov 2008 Posts: 173 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! It's pretty sad. I check my newspaper every day to see if the list my house as sold or up for foreclosure. I often wonder if I did not put the request for a stay in, if they would have told me it was sold, even though here was no actual auction. I know they don't want anyone buying properties but themselves. Because there was no actual auction is why I have been telling people to go to the sale anyway. I was resigned to the fact it would be auctioned, but anyone else who supposedly had their house auctioned by the same attorney's that morning have no clue that there was no auctioneer, people...nothing.

10-27-2009, 02:12 PM	#16 (permalink)
bloominga Senior Member Join Date: Sep 2009 Location: Georgia - 55 mi NW of Atlanta Posts: 304 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! cleach, I am in GA but have Green Tree. I could not be more sorry that this has happened. To have your house sold and no one know about it is insane! This just means we need to work HARDER and FASTER to get this all changed. It just can't continue!! Please forgive me for not seeing this sooner. I have been trying to get a bug and spent the day in bed. __________________ http://www.petition2congress.com/2/2564/

10-27-2009, 03:33 PM	#17 (permalink)
darlyj Senior Member Join Date: Sep 2009 Posts: 149 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! OMG cleach....and people have a hard time understanding WHY some of these companies are still stranded up Sh*t Creek with no paddle or shovel. I hope that you nor anyone else is offended because no offence is meant, but I had to laugh at that one...truly, truly classic. Seriously, you can't make this stuff up. I hope you're planning on living rent free as long as possible. If they don't know the house has been sold you may be set for awhile. Good luck to you! Viva mattress fund! __________________ "It is sobering to reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence."

10-27-2009, 04:48 PM	#18 (permalink)
davephx Senior Member Join Date: Jul 2009 Posts: 1,143 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! This terrible story seems to just cry for media attention. I bet media would be very interested in that Wells didn't even know had been sold while under consideration... I don't recall prior posts but said to make regular payments so not actually IN the trial program yet. But that may not be that much of an issue if Wells was at least considering you since they have to supposedly consider for HAMP before foreclosuing or selling. Media attention could also embarrass Wells to reverse it. I understand wrongful sales can be reversed at a huge cost to the servicer. As I understand it can be easier if Wells was the only bidder vs undoing a sale to an investor. But state laws are very different on how it can be handled. Here you are lucky you have an attorney who hopefully can straighten it out.

10-27-2009, 05:00 PM	#19 (permalink)
caldwellb02 Senior Member Join Date: Nov 2008 Location: Northern CA Posts: 1,764 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Shoot. If you are out of the mortgage, maybe you could buy it from Wells at a much reduced rate!

10-27-2009, 05:10 PM	#20 (permalink)
pdsfoley Senior Member Join Date: Feb 2009 Posts: 416 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! SPEECHLESS here.........

10-28-2009, 05:05 AM	#21 (permalink)
cleach Senior Member Join Date: Sep 2009 Posts: 93 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! darlyj, we're not offended by laughing - we're laughing too! I mean, come ON! How can you foreclose on someone & not even know it? Yes, WF seemed "panicked" when I called them after receiving the letter. We've done the trial payment thing to be "considered" for a mod 2 different times. The rep I spoke to said "Oh no! It was always my understanding that foreclosure proceedings were postponed as long as you were in a workable plan". I replied "Well then, Wells Fargo is in a bunch of trouble, aren't they?" That's when she went to get her supervisor & after about 20 mins., came back on the line & told me that I was mistaken - the house had not been sold. Um, yes it has. I've confirmed it with the attorney & with superior court. We are planning to bring media attention to this, as well as persue our legal options AFTER next week when the 30 days from the date of the sale has passed. We were prepared for the house to sell, and don't really want it back - but that is beside the point. It never ceases to amaze me what goes on with these banks!

10-30-2009, 08:24 PM	#24 (permalink)
AZOwner Senior Member Join Date: Jul 2009 Location: Phoenix, AZ area Posts: 320 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! When you are ready to go public, re-email me. I will need your name and contact information. You indicated you emailed me on the 27th, however, I cannot connect your name to your user name on the forum -- sorry, may have gotten happy with the delete key. Go get 'em! junior.erin@gmail.com azowner __________________ PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS \| Petition2Congress \| Our Huffington Post Article: (leave a comment) http://www.huffingtonpost.com/richar..._b_342665.html

10-31-2009, 04:47 AM	#25 (permalink)
ama125 Senior Member Join Date: Jun 2009 Location: Reading, PA Posts: 1,488 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: You won't BELIEVE this!! Cleach - do you know who initiated the foreclosure? I am just wondering if MERS was listed acting as the nominee and they are the ones who foreclosed but never informed WF. I'm just trying to figure out how WF is seemingly so unaware that your house was sold at auction. I swear if that IS the case, then MERS really is like Skynet in The Terminator movies... the whole foreclosure machine has gone haywire to the point that the servicers don't even know when they are foreclosing. So, just wondering if this is the case for you. Has anything else happened since your last post?

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