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utlage
Registered User
Username: Utlage

Post Number: 1
Registered: 10-2002
Posted on Monday, October 14, 2002 - 03:01 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I can relate to all you are going thru. I went thru 4 years of inquiries, 5 bankruptcy filings, and numerous court appearances before I finally lost my home to the sleezeballs.

Keep in mind that in the BK court, i got the judge to order them to produce the original documents including the Note and they said they lost the note!!!!!!

Had a second BK hearing with a different, very evil judge and he declared the copy of the note the real deal and granted them relief from stay and bared me from filing BK for 6 months. He is going to get a RICO action filed on him. Needless to say, i have appealed that decision to the federal district court. waiting for word on an extension to file my appeal breif.

By this time, the home i was living in, i lost in july 1998 and this one was rented out so i could not kick the person out. Meanwhile, i am homeless and living under a tarp on some commercial land i had tucked away. Two years with an outhouse and boxcar van and that gets old. Thank the Lord that i did not have any children, just my dogs.

Lonestar sold (and i use this term loosely) this home to WF at the trustees sale 10/01 and one week later, WF sold it to FreddieMac but i did not know FreddieMac now owned it.

In December WF started eviction proceedings when i did not get out in 30 days (i am in California also). Now, mind you, WF does not have an interest in my home anymore as the deed is in FreddieMac's name. So why are they trying to evict me?

Well they did not serve me and therefore got a default judgment in Jan. 2002. Which i did not know they had as the case was dismissed in December. In January, while i was out of town trying to earn a living, they came in, stole all my stuff and changed the locks. I came home and did not have a place to stay. Mind you, the Writ of Execution was never served by the sheriff either which means they had no right to enter.

Then I find out that FreddieMac sold my home in April 2002 to some guy. So I immediately file for a void judgment/set asside. Gave proper notice. Showed up in court and they did not show. I won. The judgment was set aside and i was given 30 days to answer the complaint.

I answered in 30 days with a response and counterclaim and then started discovery procedures of which they never answered. I gave them plenty of time and more time and more time. Then all of a sudden, the court issues a notice of trial date being set for aug. 27. I responed to it and got ready for trial. Went to court to file my response and was told that the plaintiff dismissed the whole action!!! I told them that i filed a counterclaim and that had to be heard first. Clerk sent my file up to judge for his opinion. The judge sets an order to show cause hearing for why the case should not be dismissed. I answer that and show up for court. WF does not show or file anything. Guess what happens??? The judge tells me that I did not file a 'cross complaint' so it is procedurally incorrect. Says California has not used counterclaims in over 50 years. At the time, i was not smart enough, because I was so stunned, to say what about substance over form. So, i loose, case dismissed. Judge tells me that i can appeal or file complaint. Well i have news for him, i am doing both. Judge says, I am not saying that you do not have a cause of action, just that your proceedure is wrong. I think the appeal court will reverse that decision. We will see.

I am so broke now that i have to file with a waiver of fees, but hey, who cares.

I also have a few other tricks up my sleeve that i am learing about that could help folks cancel their mortgage. I am working with one now and it takes about 4 months to complete.

I also have an excelent book on doing void judgments that i can email to anyone who is interested. I will give you the info to obtain the teachers videos as they are very well done and reasonable.

I have lost my home and 3 rental properties to WF and 3 other properties to other lenders so you can see that i am just a bit fed up with all their fraud.

In a month or so, i might have the time to help you put something together based upon the new info I am learning. Hang tight as you have 1 year to file and more time if you do something different.

I can be reached at utlage@starband.net

Take care,
Di

PS: please excuse any mispelling and lack of capitalization. I get lazy when i am mad and i have a pinched nerve in my back that had made the fingers on one hand numb and it makes it hard to type. We will overcome!!!! }}

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Christine Baker
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Username: Admin

Post Number: 326
Registered: 08-2002
Posted on Monday, October 14, 2002 - 09:23 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Di,

I'm a little confused about your situation. Are you saying you didn't actually owe WF?

Or what exactly did they do?

"WF does not have an interest in my home anymore as the deed is in FreddieMac's name. So why are they trying to evict me?"

That's because lenders have contractual obligations with Fannie and Freddie. They only "serviced" the loan, that's why Freddie got the property. They could be responsible for some of the losses Freddie takes, and they arrange for evictions, repairs, resale, etc.

"I also have a few other tricks up my sleeve that i am learing about that could help folks cancel their mortgage. "

What do you mean by "cancel their mortgage?"
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Lynette Lum
Registered User
Username: Lynette

Post Number: 4
Registered: 10-2002
Posted on Friday, November 15, 2002 - 12:41 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Is Utlage still around? I wanted to see if anything new has happened or???? I just post in the "If you...Wells Fargo.." thread and email I received today.... Some attorney SOMEWHERE has to see the writing on the wall and take on this institution... It is not a matter of deadbeats whining, it is AMERICANS having their lives torn apart, first by their circumstances and then by WFHM, that "SAYS" they want to help them through their rough time, and LIE to your face, and guess what? WE LOSE!! And we have no recourse? COME ON ATTORNEYS, "STEP UP" and help this cycle of abuse end, and compensation to all victims..WF needs to know what it feels like to be slammed while they are down.

OKAY, I am done...
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 4
Registered: 10-2002
Posted on Sunday, November 17, 2002 - 10:45 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Sounds like you have your bases covered on this just the people who should be doing the're job are not. The Banking Commission will sit up and take interest I hope and if the attorney Generals office has any class action lawsuits in place for this so will they. I am learning a lot about Wells Fargo and just how big they are and how many companies they have bought in too. I am naive I guess but it is simply astounding to me.
http://www.turnonthenews.com/wells%20fargo.htm This site I assume the information is correct was a real eye opener.I am still without water in my home though The trustee did OK for a well driller to come out and the money for the well be added to my loan. The driller has been waiting for repairs to his truck to be done.....luck of the Ellises lately I guess. Our court date for the foreclosure to be over turned on our home by the clerk of court is Nov-26 Please keep us in your prayers and thoughts. Michelle Roberts was so helpful until one day she just said she could not talk with me any more.....W.F. attorneys did not want her too I guess......so much for any feeling of security .....I am so tired of all of this so discouraged for many reasons.. I am so depressed and sad I am trying to pull myself out of that by praying and meditation But I am so tired of beining scared all of the time I wish God would just call me home....Good luck to all of you and God Bless...
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 5
Registered: 10-2002
Posted on Sunday, November 17, 2002 - 10:46 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

The note was to Jim I guess I put it in the wrong place sorry
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 6
Registered: 10-2002
Posted on Monday, December 09, 2002 - 11:13 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Update....The trustee came to the clerk of court hearing ... they did not overturn the foreclosure. He appealed so in January we go to superior court. The clerk freely admitted she did not know what to do apparently laws are in place to protect the buyers and other laws in place to protect us. The trustee had the bill for our well sent to him we now have water as of last Thursday. I guess it will be turned over into our loan. The trustee presented an affidavit from someone at W.F. who said our foreclosure was a mistake and a W.F. error. The trustee has never had a foreclosure overturned in the twenty-five years he has been doing this. He was extremely kind and upfront about the mistakes made though ... we were impressed with his integrity.
W.F. is another matter.....I received a paper in the mail Saturday saying that they strongly suggested I fill out the accompanying application to have my house payment automatically taken from our checking account each month.....I considered it......but the application was not enclosed so I dialed the 1-800 number entered my loan number and the last 4 of my SS number. I got a recording stating since I was in chapter 7 bankruptcy (I am not in bankruptcy!!) and that my house was in foreclosure that they could not send me an application. I just stuffed it all in an envelope wrote down the facts and forwarded it on to the banking commission...I do not know what will happen I guess W.F. will buy this couple out eventually. Or buy us out one we only owe sixty-thousand on this property and it is worth much more. I have been studying what people do on several foreclosure sites (you know the type how to make money from property in foreclosure)
Some of the things done by a few unethical people is illegal as well as immoral and I hope every one of those get caught and sent to jail.
Other people really do try to help the person in foreclosure as well as make a small profit and others are non profit and help keep foreclosures from happening. I am learning a lot. I think the couple who bought our house went straight to the chapter called greed........oh well and life goes on....we are still in our home and they cannot come over here though they can ride by....I do not know if they do or not. I will let you know what happens in January.
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Christine Baker
Board Administrator
Username: Admin

Post Number: 365
Registered: 08-2002
Posted on Friday, December 20, 2002 - 12:42 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

A few comments:

"I think the couple who bought our house went straight to the chapter called greed........"

Quite frankly, if I had bought your house in foreclosure, I wouldn't just give up my profits either. I'd make Wells Fargo PAY.

You don't seem to understand that these people put up their CASH, they WORKED to buy your house. They also took a significant RISK. They were never in your house, had NO idea what the condition is, yet they invested a lot of their CASH to purchase the property.

This is AMERICA - the country where people have to look out for themselves and FIGHT for their rights.

I cannot at all understand why you expect the people who lawfully purchased your home to give it back to you without a substantial profit. I would expect Wells Fargo to give them exactly that, along with at least a $50K check to you for YOUR trouble. After all, it's Wells Fargo who screwed up.

What am I missing?

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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 7
Registered: 10-2002
Posted on Saturday, December 21, 2002 - 08:44 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

What you are missing is this.....A company came out to spray our house for termite prevention........now we have this done every year......this was a surprise vist from a company but we were billed for it and since it was done in OUR name we paid for it...now the house has been inspected and sprayed twice in one year....we also had someone from Wells Fargo call us asking for Robert......my husbands name is Bobby not Robert call it a southern thing what ever .........I believe someone had contacted them assuming my husbands name was Robert because he goes by Bobby and using our loan number and ss number obtained loan information they were not entitled too. because they were getting back to us with information we had requested.....only we hadn't..... Also BEFORE they bought our home they or he rather misrepresented himself to me when he came on the property. I told him it was not for sale.......Please do not lecture me about America my family has sacrificed more than you could ever imagine for this country. What I understand about these people is that they have a home .... As for what they have worked for they do not stand to lose the money put up and you know it they want an unreasonable profit for an investment. While this is OUR home... How much do you know about the books written on how to buy homes in preforclosure and foreclosure? They like to call some areas gray I call them illegal for instance how many ways do you think someone can obtain your SS and loan number.....Do you think it makes it OK for them to lie to the mortgage company to find out things they are not entitled to know? I have no proof that they did this and that is the supposed beauty of it I guess how could anyone prove it.....had I not been educating myself about this I would not have known that people even do these things. You did not live without water in your home and neither did they........So please forgo your sympathy for these people at least expressing it to me anyway.... They could walk away with a reasonable amount of money they just want to hold out for a GREAT DEAL OF MONEY. Yes Wells Fargo is at fault but tying this up in the legal system is keeping us from doing a lot of things like refinancing a small second mortgage at a lower rate........or perhaps selling our home and buying property and building another house in short it takes away our options period for Goodness knows how long......and with a disabled person in your home with serious illness you need to keep your options open to meet their needs as they change......my husband can still ride and work with horses to a certain degree.. as his disease progresses we will want to make changes.....and the stress of this and how long it drags out may make the time he has remaining shorter .... more stressful at the least......now do you understand?
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Christine Baker
Board Administrator
Username: Admin

Post Number: 367
Registered: 08-2002
Posted on Saturday, December 21, 2002 - 11:34 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I DO understand that you have a problem, but I don't understand why you think someone else is to blame other than Wells Fargo.

If the buyer impersonated your husband, that's illegal. But I don't understand WHY you didn't notice that you hadn't ordered the termite spraying.

What does your attorney say about this?

"Please do not lecture me about America my family has sacrificed more than you could ever imagine for this country."

Stop sacrificing for this country and start fighting for YOUR rights. If you want payback from "America" for your sacrifices - write to the President, your congressional representatives, whoever you think "America" is and owes you now.

"They could walk away with a reasonable amount of money they just want to hold out for a GREAT DEAL OF MONEY.

How much did they pay?

What is the market value of your house?

How much did Wells Fargo offer?
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 8
Registered: 10-2002
Posted on Sunday, December 22, 2002 - 06:34 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I know Wells Fargo is at fault Christine .......so do they the trustee is the attorney fighting for my home in court. Our attorney will sue for damages when it is over. The trustee has invited the buyers to come after him for damages and to take a settlement from Wells Fargo....they won't. The buyers or the man anyway is just so visibly unappealing in his looks , language and mannerisms he makes me ill.....so sue me for my dislike of these people I have my reasons..the people who sprayed the house came when we were not home and left a bill......and yes when it is in our name we feel obligated to pay it. The bid from these buyers was an upset bid made at the last moment. I see too many red flags for them not to have suspected something was wrong We have a large amount of equity in our house it would have been paid off in the next few years so not only do they want my house they want my money excuse me if I am not crazy about that idea. I had to smile at your comment about sacrifice........you do know when a baby dies from birth defects associated with agent orange at 6 months that she never went to school and never worked so she is not worth anything......except of course to her grieving parents who would have given they're lives if she could have lived...... 10 years to grieve the life of a child is what they will tell you........but that's not true it is a forever kind of pain ......Do you know what malaria does to the liver when you get it several times? Do you know what diabetes caused by agent orange is like? Peripheral neurrapathy? Have you lived with PTSD? Survivors guilt? How about second hand PTSD in children and respiratory problems are you up on all of that? Does someone at your house stay awake all night every night to patrol? Does he flash back when he hears a helicopter? Have you read any of the experimentation that was done in the Vietnam war? Do you know what they did to groups of marines? Using them over and over under the heaviest fire......do you know that they went over one at a time and not in groups like other wars? That they were the youngest we ever sent to war ... did you know about the invasion of Laos? When the men themselves did not even know where they were put down at? Do you make a two hour drive to the nearest VA center every week to see a physician, psychologist or psychiatrist? have you ever taken enough medication that it would kill a normal person and still not be able to sleep? I suspect the Vietnam war is not high on your list to think about....that is OK most people don't they want to forget it.....just the families who live with the consequences are not that lucky.... as more veterans die more information is forthcoming....I can not explain to you why some went to Vietnam and were never used while others were used over and over I am still trying to find that out myself.....but I do know that is the answer to the question why did it affect some way more than others.. Anyone ever spit in your face and call you a baby killer? I could go on and on but what is the use? I fought for veterans rights until I cannot do it any more as I have fought for many other wrongs to be righted and I fight for my house just do not tell me what to feel.
And no I do not feel sorry for myself I never have and I never will just trying to give out some facts to the public I guess........next time you see a Vietnam Vet welcome him home...you may be the first one who ever has.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 9
Registered: 10-2002
Posted on Wednesday, February 05, 2003 - 11:10 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Update of sorts......WF signed a contract with the man who drilled our well. They have not paid him and he calls me everyday to remind me he has not been paid.WF had one office in NC they have now moved those people out and to an office just over the line into SC. I wonder why? All of the attorneys have yet to agree on the next court date. They are taking our payments and still have the money the buyers bought the house with. Our mortgage is current. A property we would settle for has come on the market it is equivalent to ours in value. I do not know how or if it is proper to approach anyone about substituting one for the other. Does anyone else know?
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Christine Baker
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Username: Admin

Post Number: 466
Registered: 08-2002
Posted on Wednesday, February 05, 2003 - 02:32 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Of course it is a proper approach, along with a cash payment for the "mental anguish" they caused, did you discuss it with your attorney?
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 10
Registered: 10-2002
Posted on Wednesday, February 05, 2003 - 05:12 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Our attorney is the trustee right now and he is extremely hard to get too but if you think it is okay I will make an appointment and see if I can get in to see him. His office is over a hundred miles from our home. The other attorney we have for damages I will talk to him too. It really is a pretty older little brick house with a finished basement and 8 1/2 acres. It also has a horse barn with sky lights and fencing in place and the prettiest little patch of trees with a stream. The asking price is almost exactly what our place appraises out for. We could be happy there. = ) We know the people who own it and they need to sell . They are such nice people it would help them too. I am afraid to get excited lol but I am.
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Christine Baker
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Username: Admin

Post Number: 468
Registered: 08-2002
Posted on Wednesday, February 05, 2003 - 05:50 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

You really need to talk with the attorney you have for your damages. He needs to submit a settlement offer to WF and if they don't accept it, he can show to the jury that WF rejected reasonable settlement offers and hopefully that will result in a higher punitive damages award.
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Aurelia Ellis
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Username: Ms_ellis

Post Number: 11
Registered: 10-2002
Posted on Wednesday, February 05, 2003 - 10:48 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Okay I will make an appointment tomorrow. I will let you know what happens. Thank you.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 12
Registered: 10-2002
Posted on Sunday, February 16, 2003 - 09:29 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am so frustrated........Everyone seems to think this idea is crazy. I cannot even get in to see the trustee. And my attorney does not know how to go about this and does believe it will work!!!!!!!!!!!!!!!!!!!!!!!! Ack Ack Ack (just me going insane)
one of the physiologists at the VA my husband sees for PTSD wrote a letter about How bad this situation and stress is for him.........his medical doctor says it has a bad very bad affect on his physical illnesses he is not sleeping at all. he is nervous and not eating blood sugars are up and down.......so I guess I let WF push him over the edge? My eighteen year old is driving me crazy while out of our house because of the water situation she got messed up with some kids who are not bad as much as confused and mixed up we have world war three here I have her car and she has no money until she straights herself up. And gets her butt back in college.
I wish this bank was not so big. The banking commission seems to have backed off I do not know why i am frustrated so frustrated...........................acccccccccccccccccccccccccccck
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Christine Baker
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Username: Admin

Post Number: 639
Registered: 08-2002
Posted on Thursday, March 06, 2003 - 01:52 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Didn't mean to ignore you, there's just not a whole lot I can say that I haven't already said many times.

How are you doing now?
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 13
Registered: 10-2002
Posted on Saturday, March 08, 2003 - 03:20 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Hi Christine
Well we go back to court on April 28
which ever side that loses will appeal
I do not see how they cannot
the buyers have so much in legal fees now
I wonder if they feel they even have a choice
If we were younger the circumstances better
it would not be so difficult
we simply do not have a long time
left together to do the things he can do.
My daughter is back in college
and is doing better that helps
I have been watching the checking and savings accounts
we have
a lot more closely than I ever did before
two months in a row BB&T has made errors
total cost to us 128.00 which when confronted with it
they corrected the errors
It makes me wonder how many times in the past
it has happened and I did not catch it
What are the best banks to deal with?
they mentioned a software glitch and are supposedly correcting it.
how is Lynette?
And the girls?
Everything settled now?
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Lynette Lum
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Username: Lynette

Post Number: 6
Registered: 10-2002
Posted on Wednesday, March 12, 2003 - 09:39 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am surviving, thank you.. Need to get back to looking for an attorney to fight and have WFHM and whomever else pay for what they did to me... I keep getting more and more emails from people, so desperate, overwhelmed and PO'd as I was, going through the SAME thing...

I still don't have my life back the way it was, I still am living with the repercussions of WFHM, starting with the BK.
David and I have separated, we simply shut down as a couple while going through the wrongful foreclosure..

The girls are healthy and growing, and for the most part happy. So I am blessed.

I have most of my clients back, and I am working on building my business again...
Thank you so much for asking...
I try to focus on the important things and realize I am so much better off than so many people.
That get's me through, but they should NOT get away with breaking the law...

I am thinking of you and Laurie in LA, often and I hope someone who has some power, steps up and does the right thing for you guys!
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 15
Registered: 10-2002
Posted on Sunday, April 27, 2003 - 10:19 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Well, I was prepared for court tomorrow......no one told me it had been taken off the court docket.....no one told me that the attorneys had decided to try mediation. No one is telling me anything I have to find out for my self......I do not understand what will they do bicker with the buyers and then pay them off? Then what? That is when we sue W.F. for damages? I do not think my husband is honestly going to live through this. The VA physicians tell me to get him out of the stress......I cannot do anything everything is being done around me. I e-mailed the trustee he never did call me back or give us an appointment.....apparently he is a very in demand person. Just an update I know no one can do anything.
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Christine Baker
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Username: Admin

Post Number: 779
Registered: 08-2002
Posted on Sunday, April 27, 2003 - 07:30 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Sorry to hear that things are not going well. It's unbelievable how long this has gone on.

I highly recommend that you get the VA physicians to put their concerns in WRITING so that you can submit evidence of the health problems to the trustee, your attorney, Wells Fargo, etc.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 16
Registered: 10-2002
Posted on Thursday, May 01, 2003 - 08:50 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I have letters from his medical Physicians and his psychiatrist and psychologist from the VA
We got a message today left on our answering machine
That Mediation would be June 19 at another attorneys office.
Can you tell me what to expect Christine?
I have never been involved in anything like this
Our Attorney who is a friend is going with us on an hourly fee
The Banking Commission said as long as WF was making the effort to resolve this
that they could do nothing except stand back and watch them
We keep making our payments
Do you think they will offer us damages so we will not sue?
I kind of think so and I am wondering if they do not want the foreclosure
to be on record of this trustee.......he has never had one over turned but is admitting fault in this one
as well as the WF admitting fault.
Will it be important enough to buy us out with damages and let the third party keep the house and property? Another thing I wonder about is suing this county because the clerk of court admitted she did not know how to handle this at her hearing and wanted it appealed so she did not know how to do her job? Also we were never served papers by the sheriffs department or notified of any hearings as we were supposed to have been........if they had this mistake could have been stopped then. It is frustrating. Thank you for any answers. }}}
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Christine Baker
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Username: Admin

Post Number: 807
Registered: 08-2002
Posted on Thursday, May 01, 2003 - 10:15 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"Our Attorney who is a friend is going with us on an hourly fee"

It really doesn't pay to do business with friends, usually kills the friendship. NEVER NEVER NEVER pay attorneys by the hour!

"Do you think they will offer us damages so we will not sue? "

If you haven't sued, what on earth is your attorney friend DOING??????????????????

What are you mediating if there is no law suit?

I don't think they'll pay. Did you see Lynette posting about the big payments she got from WF? There aren't any!

I really think you need to find an attorney who SUES and can give you the answers to your questions.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 17
Registered: 10-2002
Posted on Friday, May 02, 2003 - 07:41 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Because of the Banking commission as long as WF is attempting to resolve the problem we can not sue for damages.
When it is all said and done we can. I have no idea why the mediation The third party the trustee my husband and I and our attorney and another attorney who will be the mediater. I am not worried about our friendship we are not that close he is really interested in this because it has never happened on NC. Did anyone ever admit to a mistake made by the bank or trustee with Lynette? I keep getting letters to have my payment taken out of our checking account I will not because of the way they did her.
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Christine Baker
Board Administrator
Username: Admin

Post Number: 809
Registered: 08-2002
Posted on Friday, May 02, 2003 - 10:20 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"Because of the Banking commission as long as WF is attempting to resolve the problem we can not sue for damages."

I don't think that's true. I think you can sue for an immediate order for WF to pay you enough to get another house, and you can submit the doctor's statement with the suit as an exhibit, and if anything happens with your husband because they didn't immediately do "something", they will most likely be held fully liable.

Everybody you're dealing with is full of crap, and in my personal opinion your attorney "friend" is a total moron - probably gets paid by Wells Fargo!

"Did anyone ever admit to a mistake made by the bank or trustee with Lynette?"

No, nobody admitted anything. I know about another Cal. family who has the same problem with WF and the Buckley Firm - the exact same situation.

And I know of several people who had WF take the payments out of their checking and then had them foreclose, you're right about not letting them do that. Always make sure you can prove your payments.

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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 18
Registered: 10-2002
Posted on Sunday, May 04, 2003 - 09:26 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Well that is what they told me . I am going to make an appointment with another attorney and see if we can go ahead and sue and submit the letters.
Thanks for the advice.
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Aurelia Ellis
Registered User
Username: Ms_ellis

Post Number: 24
Registered: 10-2002
Posted on Monday, July 07, 2003 - 10:22 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am so frustrated, my husband has become so volatile I am afraid of him. My daughter has left again she says she cannot take the pressure of her dad's outbursts and me crying all of the time I am worried sick about her. I do not think this nightmare will ever end.My attorney thinks the third party has maybe backed out of the settlement with WF....though no one will tell him as yet.... I hardly blame them if they did ......WF did not offer enough money I guess. They had our attorney call us and request a walk through of the house since it was broken into. I refused somewhere in the back of my mind was possession was nine-tenths of the law. Also I am scared of my husband really losing it while they are here. WF has the facts why do they not care? They did not send us a statement this month.
We paid the payment any way. I am confused and scared Christine I asked the bank where we have the second mortgage for receipts they said the second mortgage had been discharged???? What does that mean? How could they do that and keep taking my money? They said I owed the money and they could not tell me anything unless I asked???? But I did not have to pay it I tried to tell them the first mortgage foreclosure was a mistake and we were trying to get it over turned. They act like they do not understand?? Can they undischarged this when we get it over turned? What happens if we do not make the payments on it? Can somebody foreclose on the second mortgage then? I am so lost and so scared the banking commission said do not let the third party in my house. I found out from the lady who takes our payments who made the error and how at WF he failed to completely run some computer program. He was also the man who threatened us to have us "removed" if we came to make our payment. when the mistake was first discovered. We have everything that was done wrong on our side so why do they not do something?
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Christine Baker
Board Administrator
Username: Admin

Post Number: 1068
Registered: 08-2002
Posted on Monday, July 07, 2003 - 03:06 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

"I asked the bank where we have the second mortgage for receipts they said the second mortgage had been discharged????"

Since the property was officially sold at the foreclosure sale, the 2nd mortgage was discharged. However, since you don't accept the sale, continue paying in case the sale is voided.

If the sale is NOT voided, but WF or the buyers deed the property back to you, the 2nd *probably* remains discharged.

Well, that's my guess on this, without having seen any documents and not knowing anything about your real estate laws.

You should NOT be personally liable for that 2nd.

Your attorney needs to check into that.

You probably remember that when you first found out about the sale and you posted here, we had some private e-mail and I told you to go public like Lynette did.

I'm still telling you and everybody else with similar problems the exact same thing.

You've got very limited options:

Wait and see what happens

or

Do something.

There's not a whole lot you can do that's legal, publicizing you case is all I can recommend.

I'm really surprised that not more people go berserk like Robert Stewart Flores Jr. He killed several instructors at a Tucson nursing school last fall before blowing his brains out.

He wrote a LONG suicide letter to a local paper explaining what happened. He was a guy who served his country like your husband.

Here's his story:

Robert Stewart Flores Jr.: "Communication from the dead"

In California, a guy who got evicted after foreclosure went to the evicting broker's office and shot him dead.

Those are events that make headlines. When people just kill themselves, we rarely get to read about it.

When people end up divorcing, on prozac and/or in the mental institution, we read nothing.

I certainly understand your husband's frustration and rage.

Nobody holds those bastards at WF responsible.

Even if you get your house back and they pay you a few thousand - that's NOTHING to WF!

They'll go on to ruin the next family.

They are ruthless and EVIL.

And the "regulators" and courts are supporting WF.
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Ms_ellis
Registered User
Username: Ms_ellis

Post Number: 27
Registered: 10-2002
Posted on Thursday, July 10, 2003 - 11:55 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I am surprised more do not cpmpletely lose they're minds. The settlement offered to us was to deed back the property so the second mortgage would be discharged They never explained that or even told me it already had been. I just now got what they were talking about never mind what it does to our credit. Never mind that to us as Christians it would be a moral issue. Wells Fargo is disorganized crime it really is a whole web of bad business and deceit and too large to bring down. It makes me sick. I was also told by someone at Charlotte that Michelle Robbers works with the legal department well surprise surprise if this is true and she told me she only posted payments...do they mind lying to you? No, they do not.
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Christine
Board Administrator
Username: Christine

Post Number: 1081
Registered: 09-2002
Posted on Thursday, July 10, 2003 - 02:22 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I really don't understand why your attorney isn't explaining settlement offers to you. That's as scary as Wells Fargo.

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