Wells Fargo told me not to pay now they want to foreclose
My situation is crazy. Back in August of 2007 I wasn't able to make my house payment on time. By the beginning of September I had the money for my August payment. I was discussing my financial difficulties with the collections person from Wells Fargo who suggested that I apply for a loan modification. He told me that I could skip the September payment that I was behind, and a few more payments to enable me to get caught up on my bills and that my first new Payment would be due on Jan. 1st and that it would be about 35 dollars more than my original payment was. That sounded great to me and we went over some financial information and he told me that I "prequalified". (what a joke). Anyway, he said the process would take 60-90 days. Keep in mind, at the time that I sent in my application the first week of September I only had my August and September payments over due. I used the money that I had for my August payment to put my "down Payment" down on my loan modification application. If I had used that to make my august payment, it would be now the first week in September and I would only be about 10 days late with my September payment which I could have made in the beginning of October, hence, never being more than 40 days past due. I sent in my application as requested and my initial 1900.00 down payment the first week in September (which was my august house payment). I called back in November to see what was going on with my application and was told by a wells fargo employee that my application had been approved and that I would have my first payment due on December 15th. I then used the money I had saved up until that point to pay for fuel oil for the winter for my home. It turns out that the employee didn't know what they were talking about. Keep in mind, they've been telling me weekly for months NOT to make a house payment. It is now January 28th and I have been served with foreclosure papers saying that the sale date of my house is set for March 27th. I still no answer on my modification application and lawyers are contacting me regarding the sale of my home. I am now 6 months late on my mortgage due to the fact that Wells fargo has taken over 5 months to process my application and there is still no end in sight. They tell me now that I can come up with $9788.00 plus attorneys fees to save my home. They put me here. I could have continued to make my house payment 40 days late every month until I was able to catch up with my taxes and all I would have had to put up with was a phone call every month. Now they need me to make up all the house payments and pay attorneys fees (It is unbelievable to me!!!)besides when it is THEIR FAULT that it is taking so long to process this application and they have put me in foreclosure because of it. I literally had my August payment in hand and was only behind 4 days on my September payment when they offered me this option and now they want my house?????
Related Entries
- I am in the middle of a divorce and cannot afford my mortgage payment. - March 7, 2007
- We need Wells Fargo to approve a loan modification - December 21, 2007
Comments
1. Fax over a profit & loss statement, along with proof of income (or 3 months of bank statements in our case).
2. To freeze our payments.
When I asked about the payments, I was told that the loan had to be in default, in order for a modification to be processed. She said that it could take up to 90 days for my application to be processed, and any balanced owed would be put back towards the principal of the loan, therefore stretching out the terms
I did what I was advised. My 27 page fax apparently wasn’t received the first 7 times I sent it, but my 8th attempt was successful—finally the loss mitigation department acknowledged receiving it. They once again told me again that day, that my loan had to be in default for them to consider a hardship/need for the modification & it could take anywhere from 30-90 days. They said I should call every couple of weeks until a decision is made, or I receive something. I did this for over 3 months & they continued to tell me the same thing. In the past, if I was even 2-3 days late on my payment, they would call several times a day ‘attempting to collect a debt’ however, during the 3 months of ‘processing’ my application, I never received 1 phone call.
Last week, (3 months later) I got 2 letters in the mail from Wells Fargo.
The first one said that unfortunately our application for a re-modification was denied & the decision was based on us not being able to ‘come to an agreement’. Then it continued on stating that ‘there may be other options, however in our case there are no other options’.
I opened up the other letter & it was a statement reflecting the following information;
$17,000 due on or by 5/1 or foreclosure proceedings will begin.
I immediately called & got disconnected 3 times literally, and after not giving up, I spoke to a rep that informed me the reason for our request being denied was ’missing information’. Apparently a message was left just days before this decision on my voicemail.
First of all, I never got a message & I check my machine daily.
Secondly, after taking over 3 months, and then realizing the information I gave was out of date due to the length of time it took them to process my application, they could not even make a follow up call, or send a request in the mail?
In that conversation, the rep informed me of my options;
1. Pay the delinquent balance of $17,000 in full immediatley.
2. Request a re-payment plan, which would require me to pay $8,000 up front & the rest I could pay off in addition to my monthly payment-actually making it higher
2. Re-apply for the modification, HOWEVER-my home will go into foreclosure, but Wells Fargo would freeze the ‘force sale’ process while my request was in review again.
So what happens, when I am denied again for no reason?
- I wont be able to get a loan, since your establishment has ruined my credit
- I risk being forced out of my home.
I agreed to pay the balance due and asked if I could be given the time to get all of the money into one account & was told that would not be a problem.
When I called yesterday to make the payment (the following business day), I was informed by 2 different people that I cannot make a payment at this time. Apparently my finances/income need to be reviewed before any payments will be accepted.
I have a lot of equity in my house (over 800,000), and I am convinced this bank wants it, which is why they are making it impossible for me, and my lawyer to even talk to them.
Predatory Lending Practices & Escrow Extortion, is what they are guilty of in my case, and I am not the only victim. There are hundreds of others out their that I I look forward to representing when I take them to court & sue their asses.
Any one want to join a class action?
square feet. A one bedroom. I had not planned on staying for more that 3 years. What can I do, if I try to sell it I'll wind up having a balance, because of the decrease in property value.
aaron2kristie@yahoo.com






