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WELLS FARGO, dba,
AMERICAS SERVICING COMPANY


TURNING THE AMERICAN DREAM INTO A NATIONWIDE NIGHTMARE

My lovely home of seventeen years is up for a Sheriff's sale on October 3, 2007. My home. I pray Disaster Relief is made available immediately for families in crisis. For a record number of home owners, the American dream is currently a nightmare.

Wells Fargo dba American Servicing Company (ASC) hopes to take my home. The balance on my loan is very small, less than half of the home's appraised value. My mortgage payments are low, I can afford them, and I have always made them on time. My mind spins as I try to understand how something like this can happen. But the truth is nothing is for certain.

Last February, I received a letter from ASC. Effective immediately, my mortgage payment increased 200%! I called Customer Service and was told my payment increased due to a negative balance in my escrow account. I told them they didn’t escrow on the account, had never escrowed on the account, and I confirmed with them my monthly mortgage payment would not change. They told me I would receive a letter confirming the details we had discussed within 7 to 10 days.

I was to learn letters with good news never came. Somehow the letters threatening foreclosure were relentless. At first I tried to talk with the same employee who had promised me he had “noted everything in the record” and “he had discussed my account in detail with his supervisor to make sure all the problems on my loan had been fixed.” agent who just promised you all was taken care of arrived confirming assured me over and over and over, that yes, definitely this time, they had truly made the corrections I thought had already been made. And they definitely would be reinstating my loan, the one I thought had already been reinstated. I was always told I would receive a letter confirming all was well with my loan. But the promised confirmation letters never came. And I always ended up calling Customer Service again,

November, ASC suddenly, without reason, began to escrow on my loan. They had never escrowed before. I didn’t receive any notification or indication that they planned to begin to escrow. But their error, and they do readily admit it was their error, was not But ASC paid two additional property tax property tax two more times, and paid the annual premium for home owners insurance. I always paid them monthly. .

On August 14, I was told, again, my loan had been reinstated. While waiting again for another confirmation letter that never comes, I call them again. I I didn't contact anyone else for help because I didn't think I needed to. ASC was always so sorry after they didn't follow through on one of their promises. Then they reassured me all was well. I was very ***.

But ASC made an error, and that’s OK. But their error, and their inability to quickly correct their error, I might lose my home. My home was my savings account. And it was my retirement account. More important than anything, it was my security blanket. I am so very sad

In 1990, WATERFIELD MORTGAGE CORPORATION, honored me by approving my request for a mortgage loan. It’s difficult to comprehend how truly good something is until you experience something bad. I miss Waterfield Mortgage with all my heart.

I know help is coming soon for families facing foreclosure. God Bless anyone who helps someone keep their home.


Kelly L. Hansen
Overland Park, KS
ctsmyhon@yahoo.com
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Anonymous
#537600

I live in Wenatchee WA. Wells Fargo stole my home too. We had to declare bankruptcy in 2007 because of medical bills, but had ALWAYS paid our mortgage on time. In 2010, my husband lost his job and I went right away to Wells Fargo to tell them what happened. I immediately was told to pay as much as I could and to apply for a Home Modification.

Through the next several months I got all the paperwork and went through countless hours talking on the phone and jumping through their red tape hoops. I thought it was worth it to get my interest rate down to 2% from 8.5% and saving the hundreds of dollars a month and still stay in my home. In filling out the forms and writing the hardship letter, I specifically told them that although my Husband was now getting a retirement check, he worked 9 MONTHS out of the year as a substitute custodian at a school district. I had proof of it too.

To make a very long story short, Wells Fargo DID approve the Loan Modification, HOWEVER they calculated my husband's supplemental income INCORRECTLY. The problem was that they multiplied the monthly supplemental income by 12 to get a HIGHER gross income, then divided by 12, instead of multiplying it by 9 and dividing it 12 to get an ACCURATE monthly income. They miscalculated enough that we were no longer "qualified" for a 2% loan but a 4.5% modification. We were still going to pay more than we could afford by about $300 monthly.

I quickly got on the phone and spoke to the person who was supposedly "helping" us. She was so rude and unhelpful. I explained to her that the miscalculation was not right and it needed to be re-done. She said "it's set in stone. You can't change it" and most horribly, "It's not OUR problem that your husband is seasonal labor". She was snotty about it and was completely ignoring my tears. When I asked about talking to the underwriters, she said that NO ONE talks to the underwriters and they don't "even have phones". WTH!!?? She said the only options were Foreclosure or Short-Sale. I tried to explain what good is it if they get less for the house if WE could pay it ALL off if the interest was lowered? She just said "It's not our problem".

I tried talking to other people in the short sale department and told them of the horrible treatment from this witch. While they were more sympathetic, they were no more helpful.

A few months, later, my house sold for $60K LESS than the amount of my original mortgage contract, and the people now in my house pay LESS than what I'm currently renting for now. I am heartbroken and may NEVER again have a home of my own. WELLS FARGO IS EVIL!!! and they didn't even TRY to work with us and ACCURATELY depict our income. :cry :cry :cry :cry

Anonymous
#197946

Wells Fargo and I had a Forebearance Aggreement that I was following when Wells Fargo decided to breach by stating on my monthly mortgage statement that foreclosure preparation has begun. If I wish to retain my property the loan must be brought current immediatly Total of Forebearance Agreement.

Breaching the agreed upon Forebearance Agreement; then tryed to lure me into a deceitful Loan Modification by misleading, and requiring me to do so, and stating that they have investor approval, then making it look like I had requested the Modification. Trying to place the burden of a request on me. They say we must advise you your request for Modification has been denied for the following reasons: "We are unable to come to a mutual agreement." Whatever that is supposed to mean? Then foreclosed (10) days later, and sent me notice of sale (2) weeks after that.

I have tryed to retain an Attorney more than once!

Useless........ aren't any confident enough in themselves to battle with Wells Fargo. It's not a reason that I dont have a case, because I have saved every letter, Mortgage Statement, Bank Statement, even have a Customer Account Activity Report from wells fargo showing they received payments. I have paperwork situated in cronological order, along with the Arizona Revised Statues that were violated.

I have a solid case with nowhere to take it. It is almost pointless to seek an attorney, especially like the first one I had who calls me to meet with him at his office. Upon arrival he asks me If I happen to show up to the Judgment Hearing? I said "No" you are supposed to tell me where and what I showup for.

So he lost that for me!! I have recently submitted a complaint with the Arizona Attorney Generals Office for Consumer Fraud directly or indirectly affecting State Commerce for consumers within the state of Arizona by deceitful and misleading practices used to obtain real property. So far Wells Fargo has replied back to the Consumer Complaints Manager with information intended to mislead the Attorney Generals Office, with information not consistant with the records I have saved. I only fear that the Attorney Generals Office will not pursue my case because they may lack a significant amount of complaints from consumers in Arizona related to my complaint.

So perhaps, if you file your complaint with your States Attorney Generals Office, and if the other people that have complained here, file their complaint with their Attorney Generals Office; those Attorney Generals can join together in a lawsuit Action against Wells Fargo since they now have the power to enforce State regulations with a National Bank{Cuomo v/s The Clearing House Assc. 557 U.S.____(2009)}.

Submit anyway, They will inquire with whom you have filed a complaint. At the least you will be able to add their reply as documentation for interpretation in your case

Anonymous
#197944

On June 13, 2002 Wells Fargo Home Mortgage sent me a letter stating that my home was foreclosed on May 24, 2002. Wells Fargo Breached a forebearance Agreement dated Dec. 28, 2001, that we had by stating they will "suspend" foreclosure proceedings as long a good faith payment of $3,000.00, and payments as decribed in the agreement of $1,050.00 were made, and on time, on the 28th of each month until I was caught up. Only after I made the 1st month payment on Jan. 28, 2002, on time, they breached by stating on a monthly Mortgage Statement dated 02/21/02 that "foreclosure preparation has begun", and If I want to retain my property the total amount of $5,636.30 is due immediataly." They had not kept to their obligation in the agreement! I contacted Wells Fargo and advised them they were wrong, and that they were violating our contract, and that they have no right to foreclose. I was told that they will contact the Legal department, or Trustee and contact me back after they have cleared the problem. Since then, I had to call Wells Fargo several times and could not get a confirmation that foreclosure preparation had continued to be, as agreed to be, in suspension. Meanwhile, my payment due on February 28, 2002 had become late, since I was still waitng to hear back that Wells Fargo was not going to Breach.

Finally, after the several calls I made to Wells Fargo they said they were not going to proceed with foreclosure. So, at that time, I made another payment, via telephone, in the amount of $1,050.00 around March 8, 2002. March 11, 2002 I receive a "Notice of intent to change interest rate on adjustable rate Mortgage." I called them to clarify and inquire about my new interest adjusted payment amount. Wells Fargo began by stalling even more now. They said they will call back with that information, and stated besides my next payment wasn't due for another 2 weeks. They didnt call, so I called them the day before the payment due date. They said dont worry about the payment for now, besides it will be a lessor amount, we are working on a payment schedule that will suit your specific needs, we will call you when it is completed and we get it approved. 2 days later, on April 1, 2002, I receive another late payment notice stating "Unless the payments on your loan can be brought current by April 11, 2002" amount $5,357.45 "it will become nessesary to accelerate your Mortgage note. Once again, they want to foreclose. So I called Wells Fargo, they said they were sorry about that notice, not to worry, and that they are sending me a letter with instructions to complete and mail or fax back, in regards to my adjusted payment. (4) days from that on April 4, 2002 a letter requesting that I complete a financial worksheet, and mail it back, along with a paystub. So I did. Then (4) days from that, on April 8, 2002, I receive another letter stating "Notice of Past due Payments. I cannot believe it. What in the world are they doing? I call Wells Fargo again, they say they never received my paperwork, and would I send it again? They sent me another letter on April 10, 2002 replying: "Based on our telephone conversation and the information you provided, we are considering a program Etc.... and request for another Financial worksheet to complete and mail or Fax back, along with another paystub, and also a payment of $1,321.00. I agreed to it, and I did what they requested, considering the fact that it was payday and I had not yet made last payment, by which was no fault of mine. As I saw it, the $1,321.00 should be applied as the payment that would have been due on March 28, 2002, the payment that they told me not to worry about, since they were working on my paperwork with a new payment amount, and getting an approval. The remaining amount of $271.00 would be applied towards the time since the payment due date to the current day, also taking into consideration that my new payment amount will decrease as the interest rate was a decrease. Like the prior payments made to Wells Fargo, I made a payment via telephone in the amount of $1,321.00. I felt more comfortable making the payments directly to them to ensure payment is made timely, and I returned the financial worksheet to them as requested. May 1, 2002, I recieve another letter from Wells Fargo stating: We have recieved your inquiry concerning your mortgage loan. In order to process your request for "Modification" the following information is needed: Proof of income. At this point, I am getting the feeling that perhaps Wells Fargo is incompetant when receiving documents in the mail, or by fax. Why do they keep losing my paperwork? Then I notice that in the letters following, and after being told on the phone that they have not recieved the documents, Wells Fargo admits to recieving the documents. They reply in their letters for example: "Based on our telephone conversation and the financial information you provided" and "We have recieved your inquiry concerning your mortgage loan" and " After reveiwing the information you provided." I guess I was being lied too. Furthermore, I was not the one who was requesting a "Loan Modification." I was only asking Wells Fargo to "Adjust", my payment accordingly, to the interest rate change they notified me about.

Seems like now Wells Fargo wants to put the burden of requesting a "Modification", on me. Especially since on May 14, 2002 they send me a letter Stating: "After reviewing the information you provided; we must advise you that your request for Modification has been denied for the following reason(s): "We are unable to come to a mutual agreement, regarding your request for a workout." Putting the burden on me,when I had not requested a Modification.

Wells Fargo Foreclosed (10) days later, on May 14, 2002, and sent me notice of the Trustee's Sale on June 13, 2002. Which bringsupanother issueconcerning the Notice of Trustee's Sale. Notice of Trustee's Sale was prepared, signed as the Successor Trustee, Notorized and acknowledged before a commissioned Notory by the State of Arizona, by an Attorney who was not appointed in writing, as required (A.R.S. 33-804. Appointment of Successor Trustee by Benificiary), and knowingly filed the document into the Office o fthe County Recorder (A.R.S. 333-420. False Documents; liability; special action; damages; violation; classification.) and after notifying his Law firm of the groudless forgery, material misstatement, the attorney refuses to correct.

My point is that since 2002 I have not been able to recover from a foreclosure that was wrong, along with a "Due Process" that was Fair. There is no agency that I could find that actually governs a Federal bank such as Wells Fargo, that will make them comply. I am so tired of hearing: Our office cannot give you legal advise, or this office cannot represent you. You may wish to pursue this matter on your own or contact an Attorney for legal assistance. I havent given up, as you can see I am right on top of your article dated today. What I need is an Attorney who Knowsand understands the Law enough to be confident in his abilities to seek the justice I deserve, and set the presidence for the many, I'm sure, thousands of consumers that have been wrong'd by top rated Mortgage Lenders that steal peoples houses and get away with it. I had the hardest time trying toretain a Defense Attorney. I had one in the beginning, until one day he calls me to meet with him at his office, and askes me: "Did you happen to go to the JUDGMENT HEARING? I replied "No", you have all the paperwork, you're supposed to tell me when to be, and where to be. Not the kind of question I thought an Attorney would ask? Then I attempted to retain two other Attorney's. One, seemed scared to represent against Wells Fargo, but it was probably for the best, since in 2008 he was barred for a list of complaints. The other Attorney put it to me straight, they way he felt. He said that it could be a long, drawn out process, that unfortunatly, could cost more than it was worth, and that he really didn' have the time right now to dedicate. Yes, I know that most Attorneys probably want to get in and settle as quick as possible, maybe not even go to court, so they get paid quickly, but dont tell me, the possible client that it is because you dont think you will be able to resolve this matter quickly; that what you are actually telling me is that you are incompetant. I believe that is what he meant, I ended up representing myself. Ha ha... never again!!! I filed a"Motion for Relief of Final Judgment." The Judge held my hearing in his chambers along with the plaintiff's Attorney via telephone. First the Judge said he did not have his paperwork, and asked me if I filed any? I replied "Yes" and I showed him my filed copy. He asked if he can read from my copy, so I gave it to him. He read the first half page, and said "that seems like a problem". Then asked the Attorney who was on the speakerphone if this was true. the Attorney replied "No". So the Judge then said he was denying my Motion, and besides that, he said, he didn't even have a copy of the Motion. I figure this is why the Judge held my hearing in his chambers. So nobody else, or a court room of people wouldn't be able to witness such an unjust hearing, unfair to one and supporting of another. Immediatly after the Hearing I spoke with the Judge's secretary and a representative at the County Clerks office. Come to find out the Judges secretary had my paperwork on her desk. The Clerk and I asked the secretary to go expain this to the judge, and see if he will hear the case again, under the circumstances. I stood outside the doorway as she asked. I heard the judge yell out "No, I have already denied it, so it is Denied." I am still not sure how he saw a problem I described in my affidavit, and a simple 'No" from the Plaintiff changed his mind. He has not even given a reason for denial to the County Clerks office.

So how are people facing forclosure supposed to recover from a wrongful or misdocumented foreclosure, whether it is postponed or not? Perhaps postponing will give Mortgage lenders, or the Trustee more time to contact consumers, and mislead them into believing the lender is doing everything possible to work with them to resolve matters, and by misrepresenting the facts, tell them that they are considering a program that may suit their specific needs, such as a decietful loan "Modification" that will be worked out to prevent the consumer from losing their home. Then after fraudulantly misplacing documents, and requesting them time after time; when they had them the whole time, and admit to it. Then notify them the Modification was denied, even after they stated they "will obtain investor approval" for some reason of denial such as the one they gave me: "We are unable to come to a mutual Agreement". Whatever that means is beyond me? Then they can quickly Foreclose (10) days later. and let them know about it in a letter about (2) weeks after that. By the way, Wells Fargo sold my property to themselves for $85,532.00. I drove past the property less than 6 month after and noticed a "For Sale" sign. Asking price was $225,000.00. Somebody was gonna make a nice profit off me, wouldn't you say?

nrsrchd
#108233

This is for Donna Davis as well as anyone else that may have lost a home. Once you have lost your home your are now owed treble damages once the fraud is uncovered.

You have suffered a loss and damages are for the money paid in as well as the price of the home. How do you prove the fraud? A certified forensic mortgage audit is how, now where do you get one of these? endlessfrauddetection.com The audits are state as well as local municipality specific.

Once the violations are found all the litigation paperwork support will be created, ready for a lawyer to file into court. 90% of his job is done. Now you just wait for them to start screaming what will it take to make you go away. See they don't want these complaints in front of a jury of 12 homeowners.

Stop by the website to see what options the homeowner has to take these mortgage companies to task.

Once you have learned what can be done to prove the fraud, contact steve@endlessfrauddetection.com to start the process of taking back this country one home at a time. It's time to see these people in jail and proving the fraud in their paperwork is the way.

Anonymous
#43880

I'm Kelly L. Hansen in Overland Park, I've posted ugly truths about Wells Fargo many times. My email address is ctsmyhon and it is at (that at symbol) yahoo.com and I'm writing it that way so they won't block it. People we CAN fight back. Please, I've got so many e-mails like yours, email me directly with your address/phone and send me your complaint. I have names, Todd M. Boothroyd, Wells Fargo's in house senior counsel, real estate division, and a list of 243 other inhouse attorneys we need to bombard, along with the class action suit (takes so long) so we need to be fighting NOW for those of us in throuble recently and NOW and to help others who will be in trouble, who are the eventual target of this deceitful companies marketing tactics. They make money when they foreclose, don't let ANYONE tell you otherwise. INSIST THEY SHOW YOU THEY ACTUALLY EVEN OWN YOUR LOAN (if you've never seen the documentation, like those who had their loans "sold" (ha) to them. Their "Servicing" lower tier companies not Wells Fargo Bank won't put their name/logo on (Americas Servicing, Wastchovia, and about 12 others) make money claiming losses with the insurance they keep on your mortgage loan while Wells Fargo Bank (considered the umbrella company takes you to court to foreclose AND THEY CAN'T EVEN PROVE THEY OWN YOUR LOAN!!!!! People this is a simple way to avoid their lawsuits. A wonderful way TO STRIKE THE SUMMONS/COMPLAINT they serve you just to "scare" you into paying fees and charges they absolutely can not (and will not) defend. They'll drop the suit and you can get the complaint dismissed for lack of prosecution OR you can COUNTER-CLAIM and your Cause of Action (check your state laws but you always have to give a cause of action) can be Breach of Duty (Negligence) and that is to nice I think, or Breach of Contract (Fraud) intention, unintentional, or by inducement, malicious prosecution, ahhhhhhh I have to get back to work. MY EMAIL IS (PISSED CONSUMER PLEASE DON'T BLOCK IT) CTSMYHON @ YAHOO.COM (no spaces) or call me 504-579-2340 and ONLY IN NUMBERS CAN WE MAKE A DIFFERENCE. Tell everyone you know, sign your emails (I do) DON'T EVER GO TO WELLS FARGO!!!! spread the word YOUR EXPERIENCE all over the internet. planetfeedback, ***, there are so many others and I'm hurrying so I can't think, please don't let them get away with any more stinky winky wells fargo tactics.

Kelly L. Hansen

12757 W. 108th Street

IOverland Park, KS 66210.

FIGHT BACK!

I can help you win - I'm winning against them now. JOIN ME!

Anonymous
#43670

My name is Anya Burnham, & I posted our story back in June regarding the problems we are having with Wells Fargo. My Lawyer, MILES BRASCH (who specializes in loan mod's)is in the process of laying out the framework for a CLASS ACTION LAWSUIT. IF YOU ARE HAVING PROBLEMS W/ WELLS FARGO SIMILAR TO ANY OF THESE POSTINGS,

CONTACT MILES BRASCH @ MEB101331@AOL.COM.

IF YOU HAVE LOST YOUR HOME, THERE IS STILL HOPE...

My email address is: anya@gopui.com should anyone feel the need to contact me as well.

Anonymous
#2515

Wells and fargo stole our home in November

they did eveything possible to take the home that was in our family for 65 years and they finally got it,

never go to wells and fargo