My husband and I have been battling with Wells Fargo for some time now. I will try my best to summarize the events.
Approx. 3 yrs. Ago we were behind by only one payment. We called Wells Fargo to let them know our plans to get money from our retirement fund and bring the loan current. They very nicely advised us not to do that. They explained to us how we could Modify our loan. They explained the benefits of not having refinance fees as you would if you refinanced. They advised us that to be eligible we would need to be more than one month behind on our payments. They said that when the modification went through with lower interest rate and lower monthly payments we would be thanking them! We were skeptical and asked for this in writing.
We sent them all the information, proof of income, etc. Required to apply for the Modification. They never did send us anything in writing at this time. We called back weekly, each time they were very nice and told us our application looked good and was in "processing". After about 3 payments delinquent we were served foreclosure papers. We immediately called to ask what was going on. They told us "Well you should have been making your payments, there is nothing we can do to help you" At this point the amount due to the Foreclosure Attorneys for there fees and the payments was far more than we had access to in our retirement through loans. Our only recourse at this point was to go to a Bankruptcy Attorney and file Chapter 13 Bankruptcy.
All of there "Fees" were added into the bucket of what we were due to pay back in the bankruptcy.
Over the course of the next year we were told we could apply for the modification while in bankruptcy. First we were denied for making too much money, next denied for not making enough money (all the while same incomes)
About six months ago My husband and I applied one last time and we were told our Modification was approved. The terms told to us were great, lower interest rate, lower payments, and we even received this in writing. We sent a copy to our Bankruptcy Attorney, signed our copy and sent a copy to Wells Fargo.
We then called after a week or so to ask when we should start making the new payments? They told us it was still "in processing" and they would let us know.
We still heard nothing, so my husband called and they told him "Oh we had to make changes to the Modification due to mistakes that were found in the last agreement." He quoted a much higher interest rate and payment. We asked how is this benefiting us? He said "Well, we are still putting all of the arrearages in the loan, freeing you up from the bankruptcy dues, and you dont make your first payment until February 1." We were naturally skeptical! My husband asked what will happen to the two payments you are telling me I dont have to make? They told him that they were already figured into the principal loan amount in the Modification. He stated that was a benefit to us in helping us get caught up. We asked if we could have this in writing??? They said yes, we are making notes of it and after the plan gets out of "Processing" it will be sent to you. So, for the next 8 weeks, we called weekly, each time the person we spoke with verified this plan with the higher interest rate & payment, and no payment Due until February. Last week, we called again asking WHEN we would receive the new paperwork so we could get it to our Bankruptcy Attorney? We were told "Oh, it is out of processing and scheduled to be mailed to you tomorrow" All week, nothing was received in the mail. We called Friday and
We were now told "Your payments are delinquent, we never received your January payment?" My husband said "What are you talking about? We were told we did not have a payment due under the new Modification until Feb?" The representative stated that the plan he was showing was in fact the Original Approved Agreement, with the lower interest rate and payment!!! The one we signed and returned to our Bankruptcy Attorney and to Wells Fargo. My husband asked that they please look at the notes of our phone calls and correspondence over the past 8 wks.? They told him they had no notes. We are currently having our Bankruptcy Attorney request copies of the notes. I doubt we will get anything.
This is so fraudulent, I cannot even wrap my mind around it. This big multi billion dollar company took billions of taxpayer's money to supposedly "Help people avoid Foreclosures & Modify there loans". They are Scamming people with no regard to the fact that this is not just money as usual. These are peoples HOMES, that they pay for with hard earned money. There is a common misconception that most Foreclosures are people who cannot pay for there mortgage. From what we have read on line, we are not the only ones that have been scammed. Many of the stories we read people were not even delinquent in payments when they were lied to and encouraged to apply for Loan Modifications. The conversations that they quote with Wells Fargo are so similar it gives me the chills.
My husband and I are middle class in income range. We both work hard, I am a Registered Nurse and my husband is a Manager in Retail. We have four children that consider this House there HOME! The emotional stress and anxiety they have put us through. They caused us to claim Bankruptcy, not because of enormous debt but because it was our only means to save our home.
I am currently working on a Chronological list of allthe events that took place in negotiations with Wells Fargo from the beginning. We have had to take out loan after loan to makepayments to them tocover there "Fees" etc.
Do you know if we have any Recourse? Do we have any rights as a consumer? I dont feel as though I am as knowledgeable as I should be about Legal matters to fight this but I feel that what was done was truly CRIMINAL. I would appreciate any suggestions
Sincerely
0 comments