I must up front let you know that there are some things that I must not divulge here as I have filed suit against this company.
I signed up for auto draft in March with WF, which was just a couple of months after they took over the servicing of my mortgage. Of course they screwed that up a couple of times and finally got it setup to begin in August.
I checked my bank statement to make sure it was pulled and it was. When you do auto draft with WF, you no longer get a monthly statement. So about the same time my September bank statement arrived, got a call in late October saying I was in default of my mortgage. I noticed that my mortgage payment did not come out on the 2nd as it was supposed to. HERE WE GO.
I told the c/s rep that i though I didn't understand why, I realized that I owed September and October at that point and wanted to know what had happened to my auto draft. He replied that I owed for August as well, and that I had never been on auto draft.
I told him that I had my bank statement to prove it, he said he didnt care what I had, I owed 3 months worth. Over the next week I made sure that I was right on my facts and made sure that my bank had sufficient funds (that was never a question, but you never know_with banks) and found that on the draw date there was substantially more money than needed.
SO, when I spoke to them again I told them I would send them the now 3 payments (November) I owed, which I overnighted.
The next thing I receive is a foreclosure notice in the mail. I told them about the draft and the check which WF said they never received. WF customer service told me I had to speak with the foreclosure attorneys about my mortgage. I faxed them bank statement, fed ex bill and Heather said she would send it to WF to be investigated. Within a week, the check that WF "never received" was returned to me unprocessed, with a letter stating since it was not all that was due, they wouldn't accept it.
The whole month of December was spent on the phone between this department, who couldn't or wouldn't help. This is where I beleive the conspiracy is set up. I'll get back to that in a minute. I was called stupid or dumb on two different occasions by customer service people and was also hung up on.
After Christmas I finally found a c/s rep who actually worked and tried to help me and guess what? She found my money, and found where my auto draft had occurred. Hallielujah (sp)!! Right? Noooooooooo.
I asked feeling a sense of releif, what processes would have to happen to stop the foreclosure, as it was about a week from being listed in the paper as for sale. I WAS TOLD THAT I WOULD HAVE TO PAY THE REINSTATEMENT AMOUNT PROVIDED BY FORECLOSURE ATTORNEY.
This was all the fees, all the penalties, and principal payments. I called several attorneys, none of which felt that they knew enough about the issue to help.
I called the Nashville Bar Assoc. Referral line and they gave me a guy who said I was out of luck. So I go back to WF and out of frustration, fear of losing my house, my health, and my family, I offer to pay the payments I owed and the fees (I told them i would try to get them back) and I thought that would do it. NOOOOOOOOOOOOO.
I also had to pay the August payment, which they had received. Unbeleiveable, I know, but the c/s went to the supervisor twice I beleive and the same answer came back.
So here I go, my house in the paper to be sold in a month, 70,000 in equity at risk, off to find a lawyer to stop the foreclosure. Mission accomplished. When I showed him all my info he was so angry. It was nice to finally have someone validate my feelings. Stopped the foreclosure.
I will stop here to summarize and tell you that I have done countless hours of research on the issue and Wells Fargo and Norwest. I can't beleive what I see and the patterns of behavior. We are well into our case w / WF and I am told it will go to trial probably by the end of the year. We made efforts to settle this suit with reasonable terms and we never got one response. They actually are back on the stance that I was never on auto draft. It would be comical if it wasn't so damaging.
These people ruin people's lives, the ripple effects of which I'm sure are dramatic. My attorney has mentioned turning our case into a class action suit, which wouldnt be hard to do, but I know that it would probably mean dealing with the stress of this thing longer. If someone wants to talk about joining in, let us know.
These people use fear, intimidation, shame, threats, extortion and whatever else necessary to charge as many fees as possible. I intend to try to stop this abuse. Next stop. Media exposue, if you want your local tv consumer advocates to hear about this let me know.
John
Nashville, Tennessee
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