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We originally closed on our home mortgage on 4-21-2004. The Lender on our Note was United Capital Mortgage Corporation.

The Lender on the Mortgage was United Capital Mortgage Corporation. On the Mortgage, the Security Instrument was given to Mortgage Electronic Registration Systems, Inc. ("MERS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. At closing, on 4-21-2004, we were given a letter informing us that Wells Fargo Home Mortgage had taken over our loan and our monthly payments would be due to Wells Fargo each and every month.

We began making payments to Wells Fargo, in accordance with our instructions. Our loan number with Wells Fargo is 019340****. We have been in contact with Wells Fargo recently to try to reach a loan modification agreement with them, as we are trying to get caught up on our mortgage after a 2 year period of unemployment by one of the borrowers. When I attempted to make a mortgage payment on May 20, 2011, I was informed that the loan was in active foreclosure and that any payment would need to be made via Western Union.

I was given the Western Union instructions, and I made a Western Union payment on May 21, 2011. On May 31, 2011, I received a check from Wells Fargo refunding my mortgage payment with no explanation. I called Wells Fargo and was subsequently informed that due to the loan being in active foreclosure, they would not be able to receive any payments on the loan, but that I could feel free to make any monthly payments to the attorney of record in the case. Since I had not yet been served with a foreclosure, I asked who the attorney of record was, and Wells Fargo would not provide me with that information.

When I asked about workout option, they took my financial information and told me that someone would be in contact with me soon. I was contacted by Joyce Crawford, a Loan Officer with Wells Fargo, on June 1, 2011. She instructed me to fax over copies of my financial information, pay stubs, and a hardship letter and informed me that the underwriter would begin reviewing as soon as I sent the information. I immediately faxed the required information to Joyce Crawford on June 1, 2011.

I called Ms. Crawford on June 7, 2011 and inquired about the status of the workout request. I was informed that she had received my information and passed it on to the underwriter. I called Ms.

Crawford back on June 11, 2011, again inquiring about the status. Ms. Crawford was unavailable, so I spoke with Jennifer. Jennifer informed me that the underwriter had received the file on June 10, 2011 (ten days after I sent the documentation to Ms.

Crawford). Jennifer let me know that the file was in review. I called Ms. Crawford again on June 16, 2011, and was unable to reach her, instead getting an employee named Brian.

He informed me that the file was still under review and that there was no further documentation needed by me at this time. Shortly after this call, we were served with a foreclosure complaint. The Plaintiff listed on the Complaint was Bank of America, N.A. Attached to the Complaint was a copy of the recorded Mortgage and a copy of the Note.

No where on the Mortgage or the Note was there any reference to Bank of America. There were no indorsements on the note to Bank of America. The attorney of record on the case is Albertelli Law. I was confused when we got the complaint.

At first, I thought the attorney of record made a mistake and incorrectly listed Bank of America as the plaintiff in the case (since all documentation provided was for United Capital - with an indorsement on the Note to Wells Fargo). I began preparing my answer and motion to dismiss, which I was planning on filing on the 20 day deadline. On July 5, 2011, I was contacted by Joyce Crawford with Wells Fargo and informed that our loan modification had been approved, provided we make three (3) good faith monthly payments (July 30, August 30, and September 30). When I returned home from work, I found a FedEx envelope enclosing the Forbearance Agreement with the loan modification terms.

I went online to check on the status of the foreclosure complaint, since I planned on filing my Answer/Motion to Dismiss on July 6, 2011 (the 20 day deadline). I found that on June 23, 2011 (7 days after the Foreclosure Complaint was filed) MERS (as nominee for United Capital) filed an Assignment of Mortgage to Bank of America. We have never had anything to do with United Capital (other than the signing of our original Mortgage) as we were informed at our original closing on 4-21-2004 that Wells Fargo had taken over the loan. I did a little more research and I am still unsure as to how MERS can assign a mortgage to Bank of America that is currently held by Wells Fargo, and how Wells Fargo can approve a Loan Modification and send us a Forbearance Agreement regarding same when Bank of America has been assigned the Mortgage.

Further to the point, when the Complaint was filed, Bank of America had not yet been assigned the Mortgage, and isn't indorsed on the Note.

I fear that this foreclosure is just the latest in a long string of fraudulent mortgage/foreclosures by Albertelli Law. I am filing a Motion to Extend Time with the 4th Judicial Circuit, Duval County tomorrow, July 6, 2011, and will be retaining counsel to fight this fraudulent transaction.

Location: Jacksonville, Florida

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Guest

I am having same problem with wells fargo / rushmore loan service my 1099 is incorrect and they will not speak to me I know they are making changes . to my mortgage and I need a lawyer to help me out I want to refi but I do not want them to have any of my info

Guest

Did the foreclosures proceedings continue or did you find a way to save your house?

Guest

Well I filed for modification with Wells Fargo in June of 2010 and waited, sent new documents all the time and was rejected on July 5, 2012 Two years to be jerked around to say NO. It went to underwriting the last time in September of 2011.

Ireceived a letter in May 2012 saying I was going into active forclosure with a sale date of July 3, 2012. Because underwriter didn't have time it has been rescheduled for sale August 7, 2012. Guess I'm down to few options.

I think Wells Fargo is jerking people around and wants our houses for some reason. My point of contact LaVonda Jefferson seemed as though she really did not care and I never got a return call from her manager Maynard Caldwell.

Guest

I think wells fargo supports and is owned by the african americans in africa. their call centers are even out of this country.

Bank local small banks or credit unions......Just do it. We dont need anymore big bank conglomerates that are in reality wrecking this country.

Guest

I wonder to without orginal note will I be able to sell my house when I want or are they going to create a papertrail that will take months or yrs to find so I can sell and they can up the face value on loan. can anyone answer that for free :x :x

Guest

yeah they will modify loan to a higher payment that does not help and then wait till you default again then they will foreclose and send a outrageous amt to reinstate. This bank an asc are part of reason why this country is falling into default.Aliens probably are real owners.

I also question how they can sell a loan that was bundled with huindreds of others and sold on wall street as a stock and now being repurchased without the orginal promissory note intack. They have made millions off these bundled loans. If you are in a judiciary state you might quailify for hhf.look up restoring stability and fill out app,they will then put you in contact with a hud counselor. it worked for me hope it works for you.

Bank at a credit union, at least it really is by the people for the people. Much luck to you.Unfortunatly that is just more taxpayer money that pays for this program and others like it so they get paid at least but we are still paying for it. Worst banking I have ever heard of in my life are the wels,asc,deutch bank. I am more pissed that I had no control who I bank with.

now I am stuck till I sell. I am pissed that I have paid these bloodsuckers over 25,000 over a 6 yr period on a 50,000 loan and now I owe 888.more then the orginal purchase price.They have attorneys that help them wreck peoples lives. Selling loans for profit on wallstreet should be against law.In reality thousands of stockholers own your loan.

It is only going to get worse.Fasten your seatbelt and get an attorney.DONT LET THEM WIN NO MORE. :(

Guest

If your loan is an FHA loan, Bank of America typically serves as the trustee in the foreclosure. If you were approved for an actual modification, the trial payment plan should state something to the affect that after you complete the payments the loan will be modified.

If it was some kind of special forbearance agreement you might have to make the 3 payments and be reviewed again. Either way, If I were you I would follow the instructions of what you received to the letter.

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