To start it has take 5-1/2 years to gather all the facts.
Received a notice from Wells Fargo Home Mortgage of foreclosure in January after filing for Chapter 13 Bankruptcy, WFHM filed a Proof of Claim that included Legal Fees and Costs, the courts require legal cost to be submitted to the courts seperatly and WFHM applied a 8% interest rate to these fees and costs.
In the BR process WFHM violated the automatic stay and a settlement was reached. A discharge order was given in September and shortly afterwards received notice from WFHM that the loan was being reinstated as current and removed from foreclosure status. Maintaining the account in a state of foreclosure while in Chapter 13 is also a violation of the automatic stay and probable violation of the discharge order.
In November received notice that I was behind on payments and WFHM issued a demand for an amount that made no sense, in a telephone call to WFHM was told that I had legal fees appearing on my account, "Advance Corp Transactions - Legal Fees". Paid the amount stated and requested an account history. Upon reviewing this account history it was obvious that it was going to take a rocket scientist to figure out what WFHM was doing. Two additional account histories were requested in 2004 and comparing these account histories to the yearly escrow account statements and 1099 the numbers all were different.
The final account history sent to my attorney, note that we were in negotiations with WFHM, directly from WFHM had an entire different set of numbers and this history showed an increase in the principal balance owed had increased by $6,413 with no explanation as to why was noted. Also the attorney in conversing with WFHM received an email that states how they applied payments to "Advance Corp Transactions" and "Suspense". Be very wary of the suspense account!
It appears as a method where monies can be applied from payments and once there the monies can be disposed of at their will wherever they wish without accountablity to anyone and then claim you missed a payment. Received notice of missed payments and notice of possible foreclosure. Surprise, Wells Fargo Bank, NA instituted foreclosure actions, where did the negotiations with WFHM go, when did Wells Fargo Bank become my service provider.
My CPA has reviewed my bank account and payment history and compare it with mutliple WFHM account histories, remember that that the WFHM histories are all different, and established that all payments were made and in the CPA's opinion was executing an unlawful foreclosure and I have never received a true an acurate accounting of my account. Would suggest that all people request an account history yearly and compare this with the yearly 1099 and escrow review. This is just a highlights of the most serious violations except the one that is where it appears as WFHM has added the cost of the lawsuit they lost to the end of my loan, contempt of court. If I had not had access to an attorney and CPA this would have been a lost battle.
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