Need advice...fraud, RESPA, & TIL violations being neglected by CWB & Wells

[ryboy9312]

I just want to say thank to everyone for all the excellent information & sharing your experiences. I'm sure a lot of people have definitely benefited from it all in one way or another. I know I have.

I was hoping that someone might have some knowledge or advice on what action to take when a lender (CWB & Wells Fargo) chooses to neglect fraud & forgery complaints(submitted a rescission letter a month ago as well), miscalculations & misrepresentations in both RESPA & TIL, and several other violations in other areas.

I have submitted several QWR's (initial one on 9/30/08) requesting any & all documents they have on file pertaining to the origination of the loan and disputing what was discovered after a forensic loan analysis compared to the docs that I have on file. I have recently filed complaints with the corresponding govt regulators & agencies. I have every phone call (at least 30) documented with the date, time, name of the rep(s) I spoke with and what they had to say. I am absolutely floored as to how many people were not only rude, but uneducated about what they were actually doing. I was even hung up on by a CWB Home Retention Dept Supervisor because she, "didn't like the questions I was asking"! Fortunately, after dealing with all these different reps in different dept's, I've learned how to get around a lot of the b.s. and talk to people who have had a little authority and had some things "escalated" to make some progress, but I still have yet to reach a resolution. I thought by providing the 109 pg package detailing the findings of the document analysis with each violation and fraud examples described, a detailed cost analysis laying out how much money the lender would save if they were to modify the loan as opposed to foreclosing, etc. I would be able to use it as a tool to negotiate a modification to more favorable terms. I just don't get it. Anyone can look at the documention provided and see that you would be completely foolish not to go with the modification, especially with all the state & federal violations involved!

Bottom line, something needs to be done and needs to be done now. I definitely want/going to expose these people for the terrible things they've done and I was hoping someone might have some thoughts or experiences they can share. I think the only way to get anyone to do anything is to file an injunction/suit. Any other ideas? Or maybe how to go about filing a lawsuit to get the ball rolling? Is that something I can do without a lawyer? Propbably not wide to do so, but just curious. Thanks!

[Moe Bedard]

You may want to consult with an attorney just to go over all of your options and then make your decision from there...............just make sure that it is a real estate attorney familiar with predatory lending document review.

[ryboy9312]

Thanks for the post ***. I really appreciate it! It was my first and I hadn't gotten a response yet so I wasn't sure if I did everything right. thank you

Let's say, hypothetically, that there was no doubt whatsoever that there were all the violations and fraud as mentioned in my 1st post, and I didn't have the money to hire an attorney or was unable to retain one on any kind of contingency, where would I go from there? That is something that I could do on my own right? If you're at liberty to say, what would be the first steps in the process of filing a lawsuit?

[Moe Bedard]

I am not an attorney............so I wouldn't be able to answer that question......



Had you applied for a modification with CW and been denied and if so what was the reason for the denial?

[ryboy9312]

Been working on it for a long time and that is even how the fraud, violations, etc. were discovered. My wife and I have been in our home 22 years and never late or missed a mortgage payment until July of last year when the financial hardshipd were just too much to bare. I like so many others in this position have fallen victim to all CWB's shell games and stall tactics and haven't seemed to get too far. Like I stated in my original post, I have every phone coversation, fax, email, mail, certified mail, written down and documented since 9/30/08. My info was wrong and had to correct with just about every rep I talked to. I dealt with the "Office of the President, " for several months and didn't really get really get anywhere until I did come across a very nice rep in the Customer Care Unit (800-399-1762 gen. dept #) finally got some answers, but it wasn't until I submitted a rescission letter (for the right of rescission/cancel docs not only showing up after the closed, but both of our signature's & initials were forged by someone else and the wrong date to boost!) till we got any real attention. On 2/27/09 I received acknowledgement of our rescission & demand/dispute of CWB's Legal Dept having had it for 18 days now and that if we hadn't already received a response, we should very shortly. On 3/16 it was acknowledged again that they had it and now sent back to Home Ret. again. I honestly don't know why I haven't retained a lawyer yet (I'm sure if I really needed the $, I could work something out, but I really can't swallow my pride to do that) and I have foolishly given them way more time than necessary and I'm done. I know it's hard for you to answer some questions for liab. etc, but if you can't tell me what steps I need to take to file a suit, could you maybe point me in a direction where I might be able to do so without needing legal representation? Any info would help. Thanks again ***

[Moe Bedard]

take a look here and see if you can find answers...............I wouldn't really know where you can begin other than trying to google what you are looking for...........

California Courts: Self-Help Center

[ryboy9312]

Thanks ***. I'll do that