Fighting the Good Fight

As admin of this blog and WellsFargoMortgageMod.com, I’m beyond happy that information I posted on the web as a therapeutic exercise during my loan mod nightmare is helping other foreclosure fighters seek justice.

I couldn’t be more proud to have my site quoted in a lawsuit against Wells Fargo filed in Los Angeles County Superior Court on Thursday.

miramontesp1Miramontes v. Wells Fargo N.A., Wells Fargo Home Mortgage and others specifies 13 counts including wrongful foreclosure, violation of the Rosenthal Act (known to many of us as the Fair Debt Collection Act), negligence, conspiracy and my personal favorite based on my experiences with the bank: breach of the covenant of good faith and fair dealing.

The suit, brought by Pavone & Fonner, LLP, alleges that the bank stole Everardo and Mirna Miramontes’ brand new custom-built home in a rigged foreclosure sale after assuring the couple repeatedly that they would not lose their home and a loan modification was in the works.

The complaint details how Wells Fargo allegedly strung the Miramontes along with a “special forbearance agreement,” then denied their loan mod and sold the property just three days later. To make matters worse, the trustee is alleged to have sold the property at less than market value to a straw buyer after telling another potential bidder willing to pay more that the sale had been postponed.

The stinking rats. Oh yeah. I am rooting for the Miramontes and will be extremely proud of my little part in the case when they (hopefully) prevail.

21 thoughts on “Fighting the Good Fight

  1. Thanks for sharing. They did something very similar to me. Refused to modify, had me jump through their hoops of a short sale for a year, rejected every offer they received, and ran out the clock until they could foreclose and sell it. Good luck to the Miramontes…may justice prevail!

    • So sorry to hear you, too, got screwed by Wells Fargo. I for one would love to know when it stopped being illegal for companies to lie to people to make more money. Makes my day every time I hear/read about someone taking any of the banksters to court. Good luck to you, too, Andy as you move on to your post-foreclosure-fight life, poorer but wiser.

      • I just wanted to know how your situation turned out.
        I’m in the process of getting my materials together to apply for a Mortgage Loan Modification in Minnesota. So far, I haven’t had any problems with Wells Fargo.

    • I am going through the exact same thing! Their lawyer sent me a letter saying my sale had been suspended. I look up TODAY and for the first time there is a deficiency amount listed AND the sale still shows as being scheduled for tomorrow!! I haven’t made any plans to move because I was told by Wells Fargo and their attorney that my sale was suspended. I am a single mother with a son I was taking to college next week and one going to middle school next week and now this.

    • My family is being held hostage by Wells Fargo Home Mortgage. I want to tell people about what we are going through so that others might avoid the situation we cannot get out of. I am requesting to have my story heard.

      Our issue with Wells Fargo started when we got behind on our mortgage in 2015 when I was out of work after the birth of my 1st child. When I got my new job in January of this year I contacted Wells Fargo to let them know that I had budgeted a plan for getting caught up. But the person I talked to in “Home Preservation” scared me into agreeing to participate in the HAMP program in order to avoid possible foreclosure. I made my 3 monthly required “trial period” payments and expected to be back on track.

      Then, in April, our house was completely destroyed in the flood. We literally lost everything but our cars and our dogs. I had two different flood insurance policies, both of which I thought covered flood events. Unfortunately, the policy that would cover damages and personal effects did not cover us for flood. That left us with only the lender placed policy covering structural damages only with a maximum payout of $77,000. Our mortgage principal balance is a little over $98,000. We applied for aid from FEMA and from the Texas Department of Health and Human Services and were not eligible to receive aid from them because “we both have jobs.” A representative at the Texas Dept. of Health and Human Services actually said that to me over the phone. After much effort and research we were finally able to get our house demolished in mid-August through ICC insurance coverage, which is funded by the National Flood Insurance Program.

      Thankfully, we have a network of amazing friends who helped start a gofundme which paid for us to get into a rental house. Of course, since we have large dogs and terrible credit our rental options were very limited and deposits large. We have received donations of furniture and a mattress along with clothes and toys for the baby, which we are beyond grateful for. Our friends even threw a benefit at Flying Squid to try and help raise money for us. Without that help we would have absolutely nothing at all.

      Since the flood we have still been paying the “trial period modification” payments of $914.20 for a home that has now been demolished. The insurance paid the cash limit of the flood policy, 77k, which Wells Fargo is holding in a “restricted escrow account.” We’re also paying $1,450/month in rent and we’re paying $220/week for childcare. My husband works all the overtime he can possibly get in order to keep us afloat. But we’re still drowning.

      Apparently the HAMP program is a scam (there’s even a website for it http://wellsfargomortgagemodscam.com/blog/. It is now almost October and our final modification paper work is still pending with no ETA for completion. And until Wells Fargo processes this “final modification” they continue to report us as delinquent on our credit report, even though we’re making the payments on the house that no longer even exists!

      I have repeatedly asked Wells Fargo to apply the insurance funds to my mortgage balance and they have “denied my request” because the “default review department” has yet to approve that application. I have made call after call and have literally gotten nowhere in my efforts to get the insurance money applied to my loan. It’s even gotten to the point where I call them daily to beg for them to do something, but I always get the same response and ALWAYS thanked for my continued patience. Wells Fargo also apologizes for any inconvenience (while they continue to earn interest off the full balance of my mortgage).

      I wish my family could move on from the flood loss. Every time I pick up the phone to call Wells Fargo I feel sick to my stomach and my hands start shaking. Despite all my energy and effort I have gotten nowhere and it is killing me. We are also in need of saving money to replace our cars, one of which is part of the Volkswagen TDI settlement. With our credit ruined we will have great difficulty getting approved for any kind of car loan. Just last week one of our two cars died.

      I am beyond homesick. I lived in that house since 2004 and I refuse to give up on seeing this through. We are doing our very best to get our life back together, to do the right thing, to pay our bills and move forward. I have done everything I know to do to work with Wells Fargo. Nothing I have tried has made any difference. I know that we don’t matter; that we are just a spec in the vastness of the Wells Fargo entity. I just want to be able to move on from the flood and continue trying to rebuild our credit so that maybe, one day, we can own a home again. But I truly do not know if that will ever happen.

  2. OMG, I didn’t know anyone has been thru what I been thru until I found you! I been thru hell. I’m still at my home since, been a long time. I’m scared and do not know what to do. I will go thru ur site please feel free to contact me,

  3. I’ve become reconciled to the fact that I am probably going to lose my home barring a miracle because I am financially unable to afford legal counsel, and my home is currently unoccupied. There is clear evidence, including a second copy of the Mortgage sent to me by the Servicer with forged initials and a forged notary stamp and signature, that the mortgage and Note would not hold up in bankruptcy court. Again for financial reasons, I will not apply for bankruptcy or an appeal. I have decided to challenge my anger into writing a book (I am an author), and I would like to know if I could use some of your material as references. You may contact me at the above e-mail address. Should you decide to do so, please use the term “foreclosure blog” in the subject line. Thank you.

    • Hi Lillian,
      So sorry to year about the imminent loss of your home. I remember very well the day it became crystal clear to me that no matter what I did I was going to lose my house. There just wasn’t any legal recourse to what Wells Fargo was doing to me (and thousands of other people.) The banks had been setting up this “gameable” system for years with the help of government at all levels and there wasn’t any accountability left. I channeled my anger (and my research) into a website and a blog, so I know how therapeutic it can be just to share your story. I wish you luck with your book! There’s no email address in your comment, so I can’t contact you directly. But feel free to use my material from the blog and/or site; just be sure to credit the source.

      • Who is the admin?
        I don’t need to know her full name, I was just wondering what city and state she lives in.

        Is the admin keeping up with this website?
        Has she gotten any threats from Wells Fargo, or has Wells Fargo tried to sue her or get her to take it down?

        So far in my dealings as a homeowner, Wells Fargo has been very honest with me. It’s the US government that has been corrupt. The IRS says they can’t dismiss interest charges you get on a penalty, even if the IRS reverses the penalty. The IRS claims that they must do this because of a law. What law is this? Anyone know?

        What politician introduced the legislation for this law?

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  8. My friends just got Foreclosed by Wells Fargo after they completed their trial payments of three and continued to make two additional until they refused the 6th one stating they could not clear title on debt that was included in BK 4 years prior… Then when we got a Just to grant the reopening of the BK to clear title of items that were included in the BK… They foreclosed with the BK being active and Wells Fargo advising us as long as the BK was grated they cannot and will not foreclose as well as Wells Fargo foreclosure Attorneys….. The person that bought the home from Wells Fargo on the sale date immediately when to the homeowners home and started harassing their daughter saying they needed to get in to view the property! Upon calling Wells Fargo, they advised us that, it was clearly alerted in BK and for us to call the Police… Then he put us on hold came back and said just got off the phone with the foreclosure Attys for Wells Fargo and it was a clerical error, have the Atty contact their Attys…. They came back with sorry… You are so far behind we cannot rescind the property… We said, we were in trial and made all our payments and the lady from Executive office said, but, did they get their final mod, nope! Wow! Please email us with the Attorneys info to sue Wells Fargo, we’re also in Los Angeles County! We have inches and inches of conversation logs, paperwork, recorded phone conversations etc… These people are being evicted as we speak… Thank you to anyone that can help us! Blessings!

    • I am going through the exact same thing! Their lawyer sent me a letter saying my sale had been suspended. I look up TODAY and for the first time there is a deficiency amount listed AND the sale still shows as being scheduled for tomorrow!! I haven’t made any plans to move because I was told by Wells Fargo and their attorney that my sale was suspended. I am a single mother with a son I was taking to college next week and one going to middle school next week and now this.

  9. When I saw this comment, I couldn’t relieve my eyes. This story is almost identical to mine. We were doing OK up until 2008 when the government sponsored housing bubble burst. We put our house on the market thinking we would sell and get out before we lost everything we had. We were wrong. Our realtor wouldn’t even show our house to potential buyers. The house value continued to go down until ahause that we bought for 145,000 was worth only 75,000. Our realtor, at one point, offered to buy the house for 70,000 and we felt this was a clear conflict of interest. Since we owed 111,000 with no hope of selling it, Wells Fargo told us that we could do a short sale or deed in lieu of foreclosure, which we did. WF also told that when is was completed that it would be all over for good. Now I get a 1099 from another company telling me that part of my debt that was “cleared up” by WF is now considered as income and subject to taxes. My former realtor now has the house listed at 134,000 when I am being told that the fair market value is 75,500. I really feel that Wells Fargo intentionally drove house values down and my realtor in this case was a willing co-conspirator. I simply don’t understand how a house looses half of its value and then, all of the sudden, gets it back. Banks like WF have made billions from the misfortune of their clients.

  10. Would someone please forward me information to winstonhebert@gmail.com for a legitimate attorney to fight for my home in California and avoid foreclosure from the greedy,evil giant Wells Fargo. Would also like information to join all class action and joiner lawsuits against that terrible cheating company. Thank you very much and good luck to everyone.

    • Hello Winston. Unfortunately legitimate foreclosure attorneys are hard to find – I’ve been through quite a few of them. Most of them are looking to milk the last of your savings just like Wells Fargo has done. My situation is a bit different. I negotiated a loan modification in 2010 when market values were down, I consolidated both first and second mortgage to a principal that was higher than the value of the home at the time and since the modification I have paid the mortgage on time. The problem is, now that I have paid over 50K on the principal and house values have gone up, Wells Fargo continues to litigate with me for the entire amount of the second mortgage. Yes a second mortgage that was already consolidated by Wells Fargo Wow…. So I am paying a mortgage while at the same time being sued by the same lender. Talk about the highest stage of robbery! All I can say to anyone on this blog is never ever give up and give them hell……

  11. I am in Ohio . I am currently fighting Wells Fargo for my mother.
    This began in 2008.
    The matter is more complicated by the local Court who keep trying to blame mom .
    My mother was making payments.
    We have the western union receipts to prove this.
    For the past 7 years the attorney kept pushing standing A couple months ago mom relost the case and There wasn’t notification of any kind from anyone.

    I filed motion last week after reading a district court transcript of all the attorneys lying .
    This case was against debt collection actions. Wells fargo said it wasn’t a debt collected and didn’t have moms loan when it was in default. The now defunct Washington mutual had it.
    Of course Washington Mutual claimed they didn’t receive the. Transfer when it was in default.
    Washington mutual filed acceleration claiming mom was in default in August of 2008. They said it began March 1 2008. Wells fargo transfered the note 34 days after the filing.

    If I lived in California I would be relentlessly calling your Attorney General. I have been reading about her for years with awe.

    The Attorney General here helped me get the first sale of moms house stopped and me to file a motion for continunce to vacate the judgement.

    I am also calling your. State after reading the actual transfer note they listed the loan originator address as 2388 Faraway. * DAY not way my phone refuses to let me spell it correctly *
    Carlsbad CA.
    I can not find a building at that address.

    Thank you for sharing this and yes keep fighting.

  12. Wells Fargo wouldnt let me modify my loan after missing one payment cause i was in the hospital and they kept sending me to do a modification for 8years and i sent money in, they sent it back and i kept going to the modification steps everytime they asked me to file and i even took the papers to wells fargo bank and let them submit it and they keep sending it back saying they still need more papers after the manager of the bank went over the paperwork with them, the day i modified it and they said it was okay, they sent out a sheriff the next day to do a sheriff sale, and they took the house, and now we are out of a home, how can i get in touch with someone to sue

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