It all started when I got behind in my mortgage payments in April. I agreed to a loan modification of my mortgage. My principal balance went from 90k to 96k. On the payment history they sent me there is a misapplication of funds of 6k in May. I thought they were supposed to spread the past due over the 30 year term.
They haven't because they are showing in 5 different payoff letters that the balance is 95k. Plus they have charged over $1745 in recoverable corporate advance, late fee's, property preservation fee's etc, have applied payments to the fee's before my principal and interest. I went through a chapter 7 in 4 and discharged 8/04. A notice of intent to reaffirm was sent to Wells Fargo but they never responded. Even after a phone call was made to them they said they don't require a reaffirmation.
They are now saying that I was in foreclosure before I went into the bankruptcy and because I was on a forebearance plan when I went into the bankruptcy that they wouldn't have reaffirmed anyways because I was behind. They only reaffirm when the loan is current. They never notified me nor my bankruptcy attorney that I was in foreclosure.
They vacated the stay in court on 8/6/04 and received my discharge on 8/9/04. I faxed my discharge papers to Wil H. At Wells Fargo on 8/17/04 after calling to get on a new forebearance plan. They wouldn't accept any payments from me, held on to a check I sent back in July which was cashed in September and wouldn't put me on a new plan until the bankruptcy papers were on file. 3 days later I get a letter saying that they are offering me a plan or modification which I prequalified for. 3 days after that I get a letter from the foreclosure deparment saying my loan was referred to Shapiro & Kreisman.
Next day, I get a letter from Wells Fargo that they need $1640 to do my loan modification. 2 days later, a letter from Shapiro & Kreisman for collection. I have spoken with Shapiro & Kreisman and they assured me that they have never filed a complaint in court for foreclosure and that I have never been served foreclosure papers which I haven't.
So in a nutshell, I am currently trying to refinance away from Wells Fargo but they have made it virtually impossible. I have received 5 different payoff letters, 1 without showing the $2087 they are holding in suspense, my escrow balance is not showing at all. I've been through over 20 reps at Wells Fargo, 4 different departments being Foreclosure, Default Operations, Customer service, bankruptcy and not one of these deparments know what the other is doing. I have left messages for Foreclosure Manager Brian With... Who has not returned any of my calls. Shapiro & Kreisman has been working diligently trying to get a payoff from Wells in a timely manner... Yeah right!
I was supposed to close on 2/25/05 and as of today still haven't closed. Due to Wells Fargo, I have been charged another month's worth of interest due to having an FHA loan and they don't do per-dium. Any help on persuing a refund of the double charging of the past due on the front and back end of the loan plus 2 years of interest being added and excessive attorney and drive by fee's is appreciated.
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