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.
Miramontes 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.