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Wells Fargo told me not to pay now they want to foreclose

February 01, 2008

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?????

This entry was:
Posted By Darin at 09:53 AM
Comments (18) | Categories: Wells Fargo, Minnesota Foreclosure | Tags: wells fargo minnesota

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Comments

I am totally with what you are saying. We have experienced the same situation with wells fargo. We started our battle in Oct 07 and just received a letter that we were in foreclosure and wells is still trying to work out our loan modification. CRAP! That is what I think of it. They wouldn't even let us make a payment.
Posted By Erica on February 04, 2008 at 01:39 PM
We are experiencing the same situation with Wells Fargo - they have put us through absolute havoc since Sept 2006. We became 2 payments behind and were advised to begin a repayment plan. While they prepared this plan - they would accept NO payments. We followed through every step of way on repayment plan and they have "lost" payments, applied them to incorrect accounts, given us incorrect information, etc. Each time they say we are in default on our plan and begin foreclosure. We are now seeking legal counsel - this has been so emotionally draining. Love how the calls are "recorded" but they never seem to be helpful in clearing up their constant "errors". We did not choose Wells Fargo - they apparently bought our loan and now we seem to be stuck. Latest is we had almost finished our 15 month repayment plan - and they deducted incorrect amount from our checking acct. We called to bring their error totheir attention and they told us they redid our plan (without our consent) and that was correct. We asked if this was going to be yet another try to have us default - and they promised this was the correct advice. Well guess what happened - they have now started foreclosure process again!!! We called and the latest person does not even show us on a repayment plan - they need us to send them THEIR paperwork. This has truly been a 15 month nightmare. I strongly urge anyone to think before doing business with them. Any advice from others experiencing this would be appreciated. I believe they are doing this to force us to begin new plans with higher payments and fees. I do not think they want our home - but it is exhausting and draining knowing that the constant threat and violation of privacy is always there.
Posted By Kelly Kramer on February 04, 2008 at 07:41 PM
I am so sorry that this happened to you but apparently this is happening to a lot of people. My husband and I are currently in foreclosure with Wells fargo i.e. America Servicing Co. for the exact same reason. We however are going to file a chapter 13 reaffirmation to save the house. We are also suing them. I have filed a complaint with the Federal banking commission and they are investigating them. It would be helpful if everyone on this website would file as well. Just get on the attorney generals site in your state and file they will send your complaint to the Feds. I hate to be the bearer of bad news...Your loan modification will not be approved and by the time they admit to that you will owe entirely to much. Also contact a bankruptcy attorney in your area just for consultation purposes you will find out your rights at minimum. May I suggest ****** ******* and Assoc. You can find their contact info on hte internet. This is the firm I contacted to file my bankruptcy and they listened and they suggested we sue Wells. Good luck and I hope that together we can all take Wells Fargo for a ride and all own our homes free and clear
Posted By Brandie Burd on February 12, 2008 at 06:37 AM
UPDATE - After so many calls and foreclosure threatenings, and hours of phone calls, we finally received a call from a Manager's, Managers, Manager at Wells Fargo that actually apologized for all we have been through. Said there was no excuse, etc. and that yes, our repayment plan will be once again in effect and we have only 3 more payments left - then done! All their fault for giving us incorrect information. THEN, he proceeded to say - HOWEVER, while you were on your repayment plan - your regular loan was on an adjustable rate and rates increased - we did not figure that into your monthly payments - so now you need to repay all the back interest (even though it is their error) - a total of approx $10,000. And, our only option is to enter yet another repayment program for this amount. This is totally insane and cannot be legal. So, basically, they are asking us to live through another year and 1/2 with them pulling this nonsense and these outrageous mortgage payments. If anyone wants to join forces, please e-mail me direct at kramer.kr@pg.com. Thank you!
Posted By Kelly Kramer on February 14, 2008 at 02:19 PM
A general piece of advice - until you close on a new loan (i.e. sign, notarize, have all the paperwork), ALWAYS make regular payments on your old loan. Loans can be transfered to a new servicer at any time and if you aren't current they can foreclose more or less immediately. Promises made by a servicer over the phone are meaningless.
Posted By Larry on March 13, 2008 at 12:01 AM
FYI - thanks to everyone that has e-mailed me in the same situation - unfortunately, most are asking for guidance, which is what I was looking for, and I unfortunately do not have any to offer. Guess this is just a hardship that they continue to place us all under. Best of luck to everyone.
Posted By Kelly Kramer on March 13, 2008 at 05:02 PM
just mail them the keys to the house and stop making payments. It isn't worth the headaches. Adjustable rate mortgages are trouble waiting to happen.
Posted By jim cone on March 31, 2008 at 02:09 PM
They have done the same thing to me and keep telling me not to make a payment and to wait until a negotiator calls me to do a loan modification. In the meantime they said my file would not go through to foreclosure. I call every week to get an update and continue to be told the same thing. Now as of last week I get served with foreclosure papers. When I questioned them about it they apologized and said I was misinformed or did not understand correctly. When I gave them the exact dates I called and the person I spoke with and the time and requested to look up the recorded conversation, they said they couldn't do that. What can I do?
Posted By Raquel on April 17, 2008 at 03:32 PM
I so relieved that we are not the only ones having issues with Wells Fargo. Our battle also began in Oct 07. After many phone calls we finally got a forebearance agreement in Feb 08, now we're trying to get a loan modification yet I'm not very hopeful, we have also contacted a bankruptcy lawyer and are looking at that avenue. Thanks for your comments I don't feel so alone anymore.
Posted By Marcia on May 27, 2008 at 10:13 AM
Same identical situation in Texas. 2 months behind, sent a check for 2 payments plus late fees, they would not post, said we could modify plan and then started foreclosure. two thousand ended up costing me 14,000.00 through chapter 13. Oddly enough, shortly after filing chapter 13, I was approached about leasing my mineral rights to a gas drilling operation. I'm not the only one in Texas wondering if they are trying to foreclose properties which will net profit from mineral rights lease or sales because of the Barnet Shale
Posted By Mike on June 03, 2008 at 12:31 PM
In January of this year, I contacted Wells Fargo in an attempt to lower our monthly mortgage payment. At that point, we were current on our loan & paid up to date. Our family business had been declining, and we felt it was necessary to get our monthly bills lowered until things were back to normal. The first time I called requesting the modification, I was advised to first:
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?
Posted By Anya Burnham on June 08, 2008 at 04:55 PM
My Mortgage is more than the value on my property. At least 60, 000 more. What do I need to do. Can I request a Mortgage Modification since I have a ARM, that should be refinance two more years from June 2008. I'm already paying to much for this property that's only 548
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.
Posted By Waheedah Muhammad on June 09, 2008 at 07:19 PM
Same story just a modified version of all of yours. Please contact me if you do indeed do a class action lawsuit. Would like to be a part of it.
aaron2kristie@yahoo.com
Posted By Kristie Burchit on June 24, 2008 at 12:23 PM
Having the same problems with Wells Fargo, trying to get a loan modification for the 3rd time in 6 mths, they have served foreclosure papers as of July 9, the foreclosure sale is set for August 5, 2008. telling us the paperwork is just sitting there, has not gone to a negotiator, and can not tell us when it will. We have been going through this with them alot of the same identical stuff as a great number of you... I would be greatly interested in joining a class action lawsuit. Please contact me at BabyBlueEyesInTx@aol.com
Posted By AC on July 10, 2008 at 03:31 PM
My daughter is in the same situation as those on this site. How can my daughter personally sue Wells Fargo Bank?
Posted By Carol Tillock on August 01, 2008 at 06:07 PM
Class Action is what we should look at, how do we find representation? I am so fed up with Wells Fargo, You can not get a straight answer out of anyone. Even if you go to the bank or to the local mortgage offices. I am caught up on payments thanks to Mom, but they won't tell me in writing or show they have posted the payments
Posted By Pam on August 22, 2008 at 04:28 AM
UPDATE: I entered a comment to this site back in May. We completed the forebearance agreement and the loan modification came through with no change in our payment whatsoever, only thing good was the rate. We didn't sign the modification on the advice of our bankruptcy lawyer and he has already filed a six month delay of sale. We are waiting for the default judgement to come through at which time the delay of sale will commence giving us 6 months to find someplace to live before Wells Fargo takes our home. I'm ready to hand them the keys, and get on with our lives and rebuild our credit. We would also be interested in a class action suit if there is a way we can find representation.
Posted By Marcia on August 22, 2008 at 03:43 PM
my family is in the same situation, got behind, contacted wells did the whole repayment plan. by the time that was set up we were $2000+ behind. We then tryed to contact them to repay our late payments, every time i called I got a different answer. i even wen't to my local bank to see if they could get a straight answer and they couldn't resolve it either. i had over $6000 waiting and they wouldn't take it!!! any advise would be helpful
Posted By Travis Petermeier on August 25, 2008 at 11:13 AM

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