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Hart Ponder
Registered User
Username: Thichi

Post Number: 1
Registered: 06-2003
Posted on Friday, June 13, 2003 - 05:05 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Here is our Wells Fargo Mess:


About one year ago we were in Chapter 13 making our payments. Wells Fargo (WF) sent a notice that our House payment has been increased $100.00 a month, without explanation. Since we are on a fixed rate, no increase in Insurance and no County tax increase, I refused to pay and continued to make my regular payments.


To make a long story short, after three months, they return my check and start Foreclosure. Eight months later, before our BK judge, the Judge found that WF was wrong and we were awarded attorney fees. Payments reinstated....


We started making payments as usual. Or BK13 was over last December. In January, they sent back our December payments and stated we owed $22,000!!! (Our note is only 850.00). To make a long story short, WF took last years attorney fees that the BK Judge awarded us and the Fees they paid their contract Attorney, and dumped them into our Mortgage!


Our Attorney filed a compliant last month, got a restraining order for WF to not sell our house, and so far they have not replied to our compliant. My Attorney has filed a default notice with the court last week. I cannot believe WF has not responded!


To top it off, WF showed last years dispute as a no pay on my credit! I had to serve the Injunction at the Sell, or our house would have been sold three weeks ago!

Plus, living in Yucca Valley, a Small town, our good name has been tarnished by the notices the published in the local paper regarding our house.....I wonder what we will end up with damage wise.....?



(Message edited by thichi on June 13, 2003)

(Message edited by thichi on June 13, 2003)
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 21
Registered: 10-2002
Posted on Saturday, June 14, 2003 - 10:19 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

unfortunately maybe nothing damage wise
unfair unfair unfair yes it is
I am learning that you must show how it physically or mentally damaged you or your family
and back it up with expert witnesses
and a time frame.
apparently keeping your house is supposed to be enough
Laws like this is why I think banks like WF do not worry to much about lawsuits
unfair unfair unfair yes it is
I am bringing a case against them I hope to win. They have done intentional damage to a disabled person in my family
Several people were informed at the start that this was bringing great harm to him. We have two expert witnesses and written letters about how his condition has accelerated since WF sold our home to a third party by mistake and continued to drag things on and on. we have had to wait sometimes four hours to make a payment in person we refuse to make it any other way casheirs check and signed by the person who accepts payments
We are also seeking punitive damages to try to make them be more careful in the future with people
Did you have a trustee? If so he may be the one to seek damages from.......I am angry for you and all of the rest of us good luck.
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Christine Baker
Board Administrator
Username: Admin

Post Number: 1025
Registered: 08-2002
Posted on Saturday, June 14, 2003 - 10:33 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

All I can say is *jury trial* and *publicity.*

Oh, and RICO - but don't know enough about that to explain it.

I think if you can show the judge/jury that this is NOT an isolated incidence and that WF does nothing to mitigate damages you could look at HUGE punitive damages awards.
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Hart Ponder
Registered User
Username: Thichi

Post Number: 2
Registered: 06-2003
Posted on Monday, June 16, 2003 - 10:19 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Thanks for the comments. Here is where our damages will be forth coming:

1. Since WF has my property in foreclosure, we cannot take advantage of the low interest rates and re-finance. How much are we losing over the life of our loan at 8.5% as compared to 4.3? We already have a Broker going on the record stating that because of WF misuse of the County Recording Procedure and the Credit reporting system, we are losing money every day that WF ignores our problem.

2.Our reputation in our community. WF published foreclosure notices over a three week period twice in the last 15 months. I “was,” for thirteen years, the City’s Hearing officer in the Town of Yucca Valley. Since this has happened, I have not been issued one case. I don’t blame the Town, you need an exemplary Citizen to hear cases. WF took this away from me.

3. How do you teach a multibillion Dollar Corporation that you can’t do this to people, some over and over? We already have a court’s determination last year, with us winning on every point, including attorney fees.

4. Well Fargo’s lack of response to our compliant via the Court System. They have not responded in writing nor have appeared in court to respond. They are in default now, with a statement of damages.

We are asking for $3,000,000 dollars in Damages. Financial damages, loss of reputation and punitive damages, since we have already been through this with WF once before.

Who knows?


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Christine Baker
Board Administrator
Username: Admin

Post Number: 1030
Registered: 08-2002
Posted on Monday, June 16, 2003 - 05:52 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Right on! I LIKE that figure - and you'd think it would get even WF's attention.

The ONLY way you can teach them anything is where it hurts: get judgments for big checks.

And the negative publicity of course also results in less business.

Did you get their accounting statement showing that they added the attorneys fees to your balance?

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Hart Ponder
Registered User
Username: Thichi

Post Number: 3
Registered: 06-2003
Posted on Monday, June 16, 2003 - 06:08 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Good question:

The accounting shows only the payments we made, no more and no less. When WF recorded the Default, they gave the $22,000 amount and when they sent us the “pay up, or we will foreclose” letter, they gave the same amount.....

When my attorney called WF legal department, they admitted it was for legal expenses incurred for last year’s legal battle.

My attorney pointed out we were the prevailing party, and the Court ordered WF to pay all legal expenses. Their response: “That may be true. Pay the $22,000 and we will discuss this issue.” That was the last contact with WF.........
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Christine Baker
Board Administrator
Username: Admin

Post Number: 1033
Registered: 08-2002
Posted on Monday, June 16, 2003 - 07:25 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hah! That is just so unbelievable!

$3,000,000 isn't enough.

So you already applied for a default judgment and how long does this take?
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 22
Registered: 10-2002
Posted on Monday, June 16, 2003 - 07:44 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Well, I like that figure too = )
According to what I have learned you need a record of what happened and when it happened. You have the burden of proof on your shoulders not WF.
They have unlimited funds and time. You have to show it was intentional malicious intent and not just mistakes you have to prove that ......WF does not have to disprove anything. Except the accusations made of malicious and intentional intent when brought to trail. For example Someone has a serious emotional illness ..... A manager of a discount store accused a man of shop lifting his wife also they had the items in the car and the receipt. The man told the manager my wife is in a delicate emotional and mental state and is under the care a mental health professional you can cause great harm to her please leave her out of this......the end result was the manager did not ....the receipt was produced no shop lifted items were found the wife became very ill the store was sued. The couple won ........ Receipts and records a time line and proof they were doing things deliberately and oh they do they have to us... And thanks Christine for keeping me in the right direction I am learning .... Walking when I would like to be running but carrying on.
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Hart Ponder
Registered User
Username: Thichi

Post Number: 4
Registered: 06-2003
Posted on Tuesday, June 17, 2003 - 11:07 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

As I understand my attorney, since WF did not respond after 30 days and we have filed a Notice of Default and a Statement of Damages, the next step is the trial without WF participation (however, my Attorney stated that there are three of four minor steps he must take in this process before trial). The trial, or findings, could take on many shapes: Jury, Judge or an acknowledgment of the facts with a default judgment on the amount we are seeking, with no further ado (hey, is this not what they do to most of us?).

However, WF could appeal the Notice of Default, but would need a sufficient reason to win the appeal (like they were not served properly, however, we have proof they were served every step of the way, and by the fact they complied with not selling our house, which shows knowledge that they were served).

Thoughts on Damages: The very fact that this has happened to us twice in 12 months must account for something. The very fact that this action now includes fraud by holding our house hostage for attorney fees that were awarded to us by a Judge (the last time) should be a factor in considering the damages we have incurred. And the continuing omission of WF part to address this in a timely manner. Who Knows?

I am calling my Attorney today to get an update on what is next....will keep you posted

Cordially,

Hart

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Christine Baker
Board Administrator
Username: Admin

Post Number: 1036
Registered: 08-2002
Posted on Tuesday, June 17, 2003 - 03:37 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Much appreciate your explanation!

I'm sure that WF will take action at one point or another, they're not just going to write you a check.
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Lynette
Moderator
Username: Lynette

Post Number: 147
Registered: 10-2002
Posted on Sunday, June 22, 2003 - 10:19 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

no they certainly are NOT... I am starting to see games played on my account again...little ones but that IS how they start... Seems like you at least have a good atty.
My BK atty, only hurt us, and I would have lost my home if I trusted them...

I am beginning to think I am going to need to file my own lawsuit against WFHM, but they will bury me in paperwork I am sure, waiting for me to slip and win by default.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 23
Registered: 10-2002
Posted on Monday, June 23, 2003 - 02:21 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I wonder if you could use a personal injury attorney Lynette?
Where they agree to take one-third instead of payment up front? Because of your illness and the damage done to your family and marriage. Something to think about. If you told them upfront about your breast cancer and they continued to make things so difficult it ruined your marriage and perhaps added to your health problems. Could you get documentation from your physicians? We had our mediation I am so disgusted with WF they literally make me physically ill. They would rather spend money on attorneys to fight then pay any substantial damages. The good thing is if no one changes they're mind in ten days the foreclosure will be overturned.
I used the mediation to help the people who bought the house as much as I could (Ha Christine you thought you did not get through to me on that = ) I insisted the appraisal was too low and it is..... They are to get the money between what they paid for the house and what it appraises out for in a new appraisal. I refused to sign a release to WF and our lawsuit goes forward.
They do not care about the damages they have done at all. They were huffy that we would not settle for a minimal amount. It will take a long time they will hire lawyers from Charlotte no doubt it seems to be more important to them to push us under the rug and not have this on they're record to spend money fighting the wrong rather than spend money correcting it.
The mediation was billed three ways the attorney got 150 an hour..... so becareful to know your expenses up front. I thought since WF wanted this they accepted the cost.....nooo it is almost funny. Another note here our house was broken into while we were at mediation......nothing was taken.....like someone just wanted to see the inside of the house. It ruined the back door going to our garage. I have no idea if it is related or not since nothing was taken the sheriffs department could not do anything. Seems odd. But I guess stranger things have happened.
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Christine
Board Administrator
Username: Christine

Post Number: 1502
Registered: 09-2002
Posted on Thursday, October 16, 2003 - 07:46 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Since the forum is closed to postings, Hart e-mailed me the update:

"My update:

No response from Wells Fargo. They have not attended any court hearings to date, and I still have an injunction from the court, barring WF to sell my house. Mid December, will mark the six months since default. After six months, WF cannot file with the court (at all) to set aside the default..........My attorney amended the damages from 3,000,000 to 10,000,000!!

I still wonder how this will all work out.......

Thichi

--------------------------------

That is just incredible! I'm sure they will file something before the 6 months are up.

I also really appreciate the e-mailed update, because I have been wondering what's going on. If anyone else got updates, please e-mail to me for posting.

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