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Wells Fargo Home Mortgage Nightmare!!!!!

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by cmooredeans, Nov 4, 2010.

  1. cmooredeans

    cmooredeans LoanSafe Member

    Do you know how I could get in on a class action lawsuit against them? I am in Georgia which is a Non-Judicial State. They literally stole my house. I was laid off in June 2010 due to this economy. I begged Wells Fargo to modify my loan, they would not. After I missed one and half payments they promised to do a loan modification. They agreed to do this in August 2010. Well, while they were telling me they would do so they were actually sneaking behind my back and filing an Assignment with the Court to transfer ownership of my house to Wells Fargo!!! They did this on August 4, 2010, they filed this prior to telling me they would modify my loan. They told me all I had to do was make a payment of 1038.00 on 8/13/10, a payment of 1038.00 on 9/13/10 and a payment of 1038.00 on 10/13/10, after the 3rd payment they would do a loan modification. I have proof that I paid the 8/13/10 payment in good faith and what did they do? They accelerated my loan, the forclosure process had already started even though they assured me that everything was ok!!! I went to the Court's website and pulled 3 different assignments just like mine in 3 different counties in GA (they are also attached) note all three have the exact same signatures!!!! Note: The guy who signed on all 3 assignments representing himself as a Vice Presiden of MERS but he is actually an attorney for the lawfirm who handeled the foreclosure on my house!!! The person who signed as Asst. Secretary of MERS is actually the Office Manager for the same lawfirm!!!! Please note that all 3 assignments are with the same lender- Wells Fargo!!!! My house was sold on the Courthouse steps day before yesterday, I have lost everything. Prior to getting laid of in June, I had never missed a mortgage payment in 9 years. Please look at this and tell me if I have any recourse whatsoever. I would really appreciate any imput. How can they get away with this? MERS is not even on the GA Secretary of State's website, no corporate officers listed. I don't see how this is even legal.
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Wow this seems to be a rare situation you got here. So when exactly did Wells Fargo foreclose on your property? Are you saying they foreclosed in Aug after only 1-2 missed payments?
  3. cmooredeans

    cmooredeans LoanSafe Member

    Yes. I paid 700.00 toward a mortgage payment in June. I owed them only 316.00 to make a full payment for June. I missed July payment and they started foreclosure in August. It was that quick.
  4. cmooredeans

    cmooredeans LoanSafe Member

    Yes. I paid 700.00 toward a mortgage payment in June. I owed them only 316.00 to make a full payment for June. I missed July payment and they started foreclosure in August. It was that quick. I paid them the 1st installment on the so called Modification on 8/13/10 which I have proof of but little did I know that they had already gone to the Court and filed an assignment on 8/4/10, they never intended to do a modification at all, all the while they were telling me that everything was OK. This is just crazy, I don't see how they are getting away with this. It is like they can do whatever they want to do with no hesitation at all, meanwhile taking my home and ruining my credit in the process. And just think this was the very first bank to be bailed out by Obama, he gave them 25 billion dollars of taxpayers money!!!! I am just sick over this, I could not help losing my job due to the bad economy, I have done nothing wrong here. I was honest with Wells Fargo from day one. I have lost everything I had been working for all of these years, and I was not one of those who bought more than they could afford. Actually, I qualified for a house worth 250K but I chose to buy a house for 125K.
  5. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    They are not required to apply partial payments so with that payment not applied, you were over 90 days when they sold. Aren't they required by law to send any notices, or post a sale date?

    The payment due June 1st covers interest charged in May. But the payment you made in August should have been added to the $700 you sent earlier, and made up the rest of June's payment. This sounds like a clear violation, unless the payment you made in June was actually for the payment due in May. Is it possible that you were already 30 days late when you sent the June partial payment?

    The other MERS issues may be bigger. Look for posts by goldie- she knows a lot about MERS. Or you can search under the heading just below the top of the page "search the forums' for MERS or mortgage electronic registration system and you might find a referral to an attorney or some help finding a good one.
  6. cmooredeans

    cmooredeans LoanSafe Member

    No the payment in June was for June, I paid the 700 on June 18, three days late. All I owed was 316.00 to make a full payment. The payment I made in August was never applied, it was like I did not make a payment at all, even though they sent me a statement which showed the payment was applied on August 16th, it says it on paper but actually they never applied the payment even though their statment shows they did. This is just crazy.

    They filed the assigment on 8/4/10 just 6 weeks after the 700 June payment. They told me on the phone on 8/13/10 when I paid the August payment that everything was fine, gave me a confirmation number for the payment that was never applied. They did not say anything regarding the assignment they had already filed!! How much more dishonest can you possibly get? These people are crooks.

    Thank you for your help I am going to try to contact the person you suggested.
  7. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    Since you did not make a full payment in June, you can't count it. And if you paid it on the 18th, it was 18 days late, not 3 days late. It is a grace period, but the due date was the 1st. Since June's payment doesn't count since it was a partial payment, it would have been 60 days late on August 1st. I believe that after a payment is 60 days late in some states, they can refuse to apply any payment that does not bring your current even if they accept the payment. If you had made just the balance of Junes payment prior to August 1st, this probably would have been avoided.

    You need to check with an attorney. you may have a redemption period, and will need to make up all the past due amounts to get your house back. If you are already in arrears, they can accept payments and not aply them, and it sounds like this is what happened. Now to get your home back you will need to pay for August, sept, Oct, and Nov, plus fees, plus whatever the difference in payment was on the payment you made in August. If you wait too long, they will add Decembers payment and more late fees.

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