On June 13, 2002 Wells Fargo Home Mortgage Breached our "Forebearance Agreement" dated Dec. 28, 2001, by stating in the agreement they will instruct our foreclosure councel to "suspend" foreclosure proceedings once the funds for partial reinstatement have been recieved. within 1 1/2hrs of our telephone conversation I made to them, as requested, a payment int the amount of $3, 000.00 at a nearby Western Union. Also, as decribed in the agreement thereafter a payment schedule. $1, 050.00 each month, on the 28th day of each month, beginning on January 28, 2002. each month until I was caught up from some prior past due payments. Only after I made the initial $3, 000.00 payment and the 1st month payment on January 28, 2002 on time, They sent to me (2) letters to notify me my loan is past Due. Then on a "Monthly Mortgage Statement" dated 02/21/02 Wells Fargo states that "Foreclosure preparation has begun to protect our interest in the property. If you wish to retain ownership in the property, the loan must be brought current immediately." Total amount of $5, 636.30 is due immediataly. The amount in which the Forebearance Agreement was set up. They had not kept to their obligation as they stated in the agreement! I contacted Wells Fargo and advised them they were wrong, and that they were violating our contract, and that they have no right to foreclose since I had not violated the terms of the agreement. I was told by a representative that they will contact their legal councel, and contact me back, after they have a solution. Since then, I had to call Wells Fargo several times and could not get a confirmation that foreclosure preparation had continued to be, as agreed to be, on suspense. Meanwhile, my payment due on February 28, 2002 had become late, since I was not recieving confirmation, and still waiting to hear back from Wells Fargo, confirming that they were not going to Breach our agreement.
Finally, after the several calls I made to Wells Fargo I was told they were not going to proceed with foreclosure, and they are continueing to suspend foreclosure. So, right at that time, I made the payment that I would have made on February 28, 2002, via telephone, in the amount of $1, 050.00, March 8, 2002. On March 11, 2002 I receive a "Notice of intent to change interest rate on adjustable rate Mortgage." I called Wells Fargo to clarify and notify me with my new interest adjusted payment amount that will need to be calculated and applied to the forebearance agreement. Wells Fargo began their deceitful practices by stalling once again, to conspire to forcing my payments to become past due. They said they will call back with that information, and stated besides my next payment wasn't due for another 2 weeks. They didnt call, so I called them the day before the payment due date. They said not to worry about the payment due tommarro, we are awaiting approval on a payment schedule that will suit your specific needs, we will call you when it is completed and we get it approved. They said nothing about a Loan Modification. (2) days later, dated April 1, 2002, I receive another Notice stating: "Our records indicate that your loan is in default. Unless the payments on your loan can be brought current by April 11, 2002", it will become nessesary to accelerate your Mortgage note." Once again, they want to foreclose while they stall by withholding information I needed in order to continue making an accurate payment required to keep my loan current. So I called Wells Fargo, they said they were sorry about that notice, not to worry, and that they have just sent me a letter with instructions to complete and mail or fax back, in regards to my adjusted payment. (4) days from that; I recieve a letter dated April 4, 2002 stating: "The financial difficulties that caused you to fall behind in your mortgage payments may be due to reasons beyond your control." Sounds like Wells Fargo is admitting to stalling by saying "reasons beyond my control." Besides, this is the only letter I recieved from them that states that! Coicidence, Maybe? This letter also request's that I complete a financial worksheet, and mail it back, along with a paystub. So I did. Then (4) days from that, on April 8, 2002, I receive another letter stating "Notice of Past due Payments. I cannot believe it. What in the world are they doing? I call Wells Fargo again, they say they never received my Financial worksheet, or paystub? They send me another letter on April 10, 2002 replying: "Based on our telephone conversation and the financial information you provided, we are considering a program that may assist you in curing the deliquency of your loan. They admit to recieving the financial information that I provided, but once again request for another Financial worksheet to complete and mail or Fax back, along with another paystub, and also a payment of $1, 321.00. I agreed to it, and I did what they requested, considering the fact that I had not yet made the last payment, which was caused by their delay to inform me. As I saw it, the $1, 321.00 should be applied as the payment that would have been due on March 28, 2002, the payment that they told me not to make since they were working on my paperwork with a new adjusted payment amount, and getting an approval. The remaining amount of $271.00 would be applied towards the time since the payment due date to the current day that they requested an amount, also taking into consideration that my new payment amount will decrease as the interest rate was a decrease. Like the prior payments I made to Wells Fargo; I made a the payment via telephone in the amount of $1, 321.00. I personally felt more comfortable making the payments directly to them to ensure payment is made timely, with no chance of delay by mail. I also returned the financial worksheet, and a recent paycheck stub to them, as requested. May 1, 2002, I recieve another letter from Wells Fargo stating: We have recieved your inquiry concerning your mortgage loan. In order to process your request for "Modification" the following information is needed: Proof of income. Please note: Not requesting another Financial worksheet, nor are they demanding the payment of $1, 321.00. This is because they had already recieved those requested items. At this point, I am getting the feeling that perhaps Wells Fargo is incompetant when receiving documents in the mail, or by fax. Why do they keep telling me that they have not received my financial worksheet or paystub as they do when I call them, and they request the information again in their next letters? Then I notice that in the letters following, and after being told on the phone that they have not recieved the documents, Wells Fargo admits to recieving the documents. They reply in their letters for example: "Based on our telephone conversation and the financial information you provided" and "We have recieved your inquiry concerning your mortgage loan" and " After reveiwing the information you provided." I guess I was being lied too.
Furthermore, I was not the one who was requesting a "Loan Modification." I was only asking Wells Fargo to "Adjust", my payment accordingly, to the interest rate change they notified me about. so I can be sure to apply an accurate amount to my mortgage payment that will cover all fees such as mortgage insurance, and taxes etc...
Seems like now, in the letter dated May 01, 2002 Wells Fargo wants to put the burden of requesting a "Modification", on me. Especially since in their next letter dated May 14, 2002 Wells Fargo states: "After reviewing the information you provided; we must advise you that your request for Modification has been denied for the following reason(s): "We are unable to come to a mutual agreement, regarding your request for a workout. See what I mean? They word it to sound like they were denying me. To seem like I put the burden on them, and not as it actually was when in their letter dated: April 10, 2002, they state: We are considering a program that may assist you in curing the deliquincy of your loan." They were denying their request for a the loan modification that they implimented into their plan to conspire against, to mislead a consumer into foreclosure, and take an unfair advantage over other public consumers to purchase the property at an auction sale that had been postponed one or more times, knowing that very little declaration of notice after being advertised in the local newspaper for the first date of sale is required. No other declaration of sale is required besides a new date and time to be left at the last place of appointed sale. Yes, Wells Fargo did become the purchaser of the property at a much discounted price consideringthat I had a little over $100, 000.00 equity in the property, after all the improvements I made.
Ten (10) days after the notice I recieved on May 14, 2002 stating that their "Modification" was "denied", Wells Fargo Home Mortgage forclosedon my property; May 24, 2002. I wasnt notified until when I received a notice of demand for possession, on June 13, 2002, (2) weeks after the sale held on May 24, 2002. I suppose they wanted to keep it from me so I wouldn't have a chance to stop it?
Which brings up another issue concerning the Notice of Trustee's Sale. Notice of Trustee's Sale was prepared, signed as the Successor Trustee, Notorized and acknowledged before a commissioned Notory by the State of Arizona, by an Attorney who was not appointed in writing, as required to be (A.R.S. 33-804 . Appointment of Successor Trustee by Benificiary), and knowing to be false, or forged, filed the document into the Office of the County Recorder (A.R.S. 333-420. False Documents; liability; special action; damages; violation; classification.) and after notifying his Law firm of the groundless forgery, material misstatement, the attorney refuses to correct.
My point is that since 2002 I have not been able to recover from a foreclosure that was wrong, along with a "Due Process" that was Fair. There is no agency that I could find that actually governs a Federal bank such as Wells Fargo, that will make them comply, besides the Attorney Generals Office. I am so tired of hearing from different agaencies: Our office cannot give you legal advise, or this office cannot represent you. You may wish to pursue this matter on your own or contact an Attorney for legal assistance. I have continued to pursue justice for the past eight yearsand havent given up, nor will I. "I cannot imagine a law that would allow for a statue of limitation to refuse my right to pursue justice, when Justice is not offered as a practical means to pursue" What I need is an Attorney who Knows and understands the Law enough to be confident in his abilities to seek the Justice as so deserved, and set the precidence for the many, I'm sure, thousands of consumers that have been wronged by top rated Mortgage Lenders that steal peoples houses and get away with it. I had the hardest time trying toretain a Defense Attorney. I had one in the beginning, until one day he calls me to meet with him at his office, and askes me: "Did you happen to go to the JUDGMENT HEARING? I replied "No", you have all the paperwork, you're supposed to tell me when to be, and where to be. Not the kind of question I thought an Attorney would ask? Then I attempted to retain two other Attorney's. One, seemed scared to represent against Wells Fargo, but it was probably for the best, since in 2008 he was barred for a list of complaints. The other Attorney put it to me straight, they way he felt. He said that it could be a long, drawn out process, that unfortunatly, could cost more than it was worth, and that he really didn' have the time right now to dedicate. Yes, I know that most Attorneys probably want to get in and settle as quick as possible, maybe not even go to court, so they get paid quickly, not a whole lot of ethical problems with that, but dont tell me, the possible client that it is because you dont think you will be able to resolve this matter quickly; that what you are actually telling me is that you are incompetant. I believe that is what he meant!! I ended up representing myself. Ha ha... never again!!! I filed a"Motion for Relief of Final Judgment." The Judge held my hearing in his chambers along with the plaintiff's Attorney via telephone. First the Judge said he did not have his paperwork, and asked me if I filed any? I replied "Yes" and I showed him my filed copy. He asked if he can read from my copy, so I gave it to him. He read the first half page, and said "that seems like a problem". Then asked the Attorney who was on the speakerphone if what he read was true? The Attorney replied "No". So the Judge then said he was denying my Motion, and besides that, he said, he didn't even have a copy of the Motion. I figure this is why the Judge held my hearing in his chambers. So nobody else, or a court room of people wouldn't be able to witness such an unjust hearing, unfair to one and supporting of another. Immediatly after the Hearing I spoke with the Judge's secretary and a representative at the County Clerks office. Come to find out the Judges secretary had my paperwork on her desk. The Clerk and I asked the secretary to go expain this to the judge, and see if he will hear the case again, under the circumstances. I stood outside the doorway as she asked. I heard the judge yell out "No, I have already denied it, so it is Denied." I am still not sure how he saw a problem I described in my affidavit, and a simple 'No" from the Plaintiff changed his mind. He has not even given a reason for denial to the County Clerks office.
So how are people facing forclosure supposed to recover from a wrongful or misdocumented foreclosure? Perhaps Mortgage lenders will continue to mislead them into believing the lender is doing everything possible to work with them to resolve matters, and by misrepresenting the facts, tell them that they are considering a program that may suit their specific needs, such as a decietful loan "Modification" that will be worked out to prevent the consumer from losing their home. Then after fraudulantly misplacing documents, and requesting them time after time; when they had them the whole time, and admit to it. Notify them the Modification that the consumer requested was denied, even after they stated "they will obtain investor approval" and finally, a reason of denial such as the one they gave me: "We are unable to come to a mutual Agreement". Whatever that means is beyond me? Then they can quickly Foreclose (10) days later. and let them know about it in a letter about (2) weeks after that. By the way, Wells Fargo sold my property to themselves for $85, 532.00. I drove past the property less than 6 month after and noticed a "For Sale" sign. Asking price was $225, 000.00. Somebody was gonna make a nice profit off me, wouldn't you say? Then in August 2005 the property was sold again for $201, 900.00.
