Wells purposely let me default??! I just don't know what to do...

[a3593]

Dont want to get too long winded, so I'll list the pertinent info. Applied for and was approved for Making Home Affordable mod way back in March. Sent a huge packet express mail, with PAY STUBS, tax returns,etc, all they asked for. Wasnt behind, but was just barely hanging on due to seriously reduced income. Made three trial payments June-Aug. June-Aug made various folllow up calls to WF, just checking status, etc. Never got anything from them but basically "all is well." Then get denied this month because on paper, I make too much $ to qualify for the MHA program! My payment is allready 31% of my pretax income. I had no idea when I applied that was the guideline. NOW, I owe the arreages and negative escrow balance for the past three months!! Allmost 9k that I would NOT have owed had they just TOLD me I could not participate in this program!! I used the $ that I didnt have to pay to them during my trial to pay down some debt, so I dont have it to give them. I am getting calls, threatening letters, etc. I have spoken with a housing counselor, they said file bankruptcy. Homesavers advance isnt an option, since my loan is Freddie. I called Freddie, they said they will "escalate" and contact my servicer. (Yeah, ok.) The executive offices at WF put me in touch with a negotiator, who said she can give me a 3 month forbearance with a ballon payment at the end. Are you SERIOUS! So you mean I will owe the 9k I owe now, PLUS three more months?!?! Where is the accountabilty on the part of WF?! I e-mailed all the top people at WF, even the CEO. I sent it return reciept, and they didn't even open it. I am just so pissed, tired, and frustrated. I e-mailed my Congressman, no response, I e-mailed The White House. WHYY didnt they just SAY this 6 months ago?! I dont know what to do. I don't have money for a lawyer. Any suggestions are appreciated, but I doubt there is anything that can be done- mainly wanted to vent. I hope WF ends up like Countrywide!!

[ugh_2009]

What kind of payment did they approve you for in March if you are already at 31% of gross?

[a3593]

Normal is 2100, they approved 1317.

[MaMel]

Wow, if this doesn't sound similar to our story. Hubby was laid off 8/08 to 12/08, and WF said they'd try to get us in a mod. That was in 11/08. Hubby was back to work mid-12/08. We defaulted on the 12/08 payment, but called in Jan to make 12/08 and 1/09 payments and they blatantly told us NOT to make payments, but to save our money or spend down debt! Week later, we got the default letter. I called again, got the same story about no paying while in consideration for a mod. And, they said to IGNORE the default letter, "standard issue" they said. In March we were 4 months defaulted (one our fault, the rest theirs) and they foreclosed on us. We haggled with them for 4 months trying to get them to admit their error and just reinstate our mortgage! Heck, we had full income and had a savings account full of cash! They wouldn't budge! Said we had to pay the attorney fees, late fees, etc.... Yah, well, to hell with them. We hired our own attorney and are counter-suing. My advice to you, is walk away, or get a lawyer and hunker down. They are all set to fee you to death, unless you stand up and fight them. Unfortunately, they do little to negotiate once they've filed on you. Our judge saw it fit to stop their judgment on our home, so we won the first leg of the battle. But, them sneaky cons at WF aren't giving up easily by no means.

I am so sorry this happened to you. I know just how duped you feel. And the immense burn that is burning in your gut, as you realize YOU played by the rules, and they did not. I felt like an idiot because I took their advice! But yet, that's our main defense... they gave me advice, and I took it, and it led to my detriment. They can't do that, and it's now our turn to "stick it" to them. You do the same. Don't roll over and die... scrape up what you can and find yourself a lawyer. I figure It's money well spent if I can "stick it to the man". The judges have just got to start ruling in our favor once they see the flood of foreclosures hit their benches when we refuse to lay down and die!!!

[a3593]

Wow--thanks MaMel!! I think I just may do that. I think the definition of Lucifer has a photo of the Wells logo next to it in Websters!!

[mimirayo]

It still amazes me how Wells works. All too often this is the same story. I went through the same thing, and so have many homeowners. I reported this information in my letter to the OCC, plus I directed them to this forum and ripoffreport.com. I used the examples to show that what I was saying seemed unreasonable for a company to do....but when there is documentation of hundreds of homeowners saying the SAME thing....they need to examine the practices of this company.
I check every day and they have not responded to my complaint yet(in their "legal dept") I will post as soon as received.
I hope they adress this issue and we can get some standard as t ohow to get them to stop.

[a3593]

Thanks Mimi, please let me know what happens.

[MaMel]

I, too, filed my complaint with the OCC. I filed with the OCC after I had filed my "answer" to the court to stop the judgment. So Wells Fargo's answer to the OCC was "We are aware of the complaint as they have filed an answer to our request for judgment. We will answer their concerns in court." And can you guess what the OCC told us?? "Wells Fargo says you have sought legal counsel and are seeking to stop judgment. They will answer your complaint in court. There is nothing we can do." Big surprise, huh?!

My opinion of the OCC is that they are just another front-man for the feds and bankateers that are all in bed together. It's a joke, really it is; they put up this big front that they are here to protect us from the banks, yet they do NOTHING. I have seen plenty of folks on these forums complain to the OCC, and nothing ever comes of it. Just another federal flop program, like HAMP, TARP, and all the other crud seeping out of Washington. And now they want to control my health insurance! ROFL!!!

[mimirayo]

You are so right. I spent close to 8 months writing back and forth to Wells with the OCC as the moddle man. All responses from Wells were baloney or in our opinion we did nothing wrong, and ten went on a tangent that meant nothing. I finally got everything together and sent a 65 page letter containing all my proofs. I addressed it the the OCC directly and told them I was tired of Wells responses and wanted their opinion on everything I submitted and the actions of Wells.
I then contacted my Senator to get her on board as to the blantant wrong doings of Wells, and how the OCC was dragging their feet. When they told me they only "offer opinion" and that Wells may be reprimanded in a way I would never know, I lost it
You can't get any help from the State agencies because they are a National Bank, but the governing agency can not start legal action they can only give opinions!
There is something wrong with a system that only those who can hire an attorney can get justice. My Senator agrees and we will see were we go from their "opinion". If a "little guy" pulled what Wells did, they would be accused of fraud and jailed,they need to be brought out from behind the circled wagons, and if I can be a part of doing that I will

[davephx]

And it is not just Wells.

Its the entire problem with HAMP that is actually an excellent program if the directives could be enforced not ignored by servicers. That is the message in my view we need to get to our Senators and Representatives. I think there is bipartism support for making HAMP work but they need us to scream about the problems.

I had a good discussion with McCain local office (I'm AZ sort of the center of the storm other than Calf and Nevada) She said getting lots of calls and so is "Franks office" I assume she meant Barrnie who is head of Finance Committee but thought was odd since McCain so Republican and Frank so Democrat. But I got the impression there is communications going on.

The more folks that call to Senators and Reps the better so they "get" the problem.

At least from what I read, NV just started a required mediation process on foreclosures instituted by the State. With all the problem in AZ legislature (no longer in session) and budget mess I doubt we can count on AZ. But it really is a national problem and with all servicers it seems.