Good Evening,
your attorney isn't helping, so you can file an objection to the petition to the judge and trustee, it's free. Here's a copy you might use. Send a copy to HUD, but you must remove the bankruptcy court information. YOU MUST FILE
Also write letters to these employee @ Wells Fargo, ask them to fix your loan, please send a copy a to HUD & Respa
Foreclosure Questions
Nadine Bonsick
(803) 396-6823
Nadine.Bonsick@mortgage.wellsfargo.com
Bankruptcy Questions
Kim Miller
(803) 396-6967
Kim.M.Miller@mortgage.wellsfargo.com
Claims, Accounts Payable, Eviction
Jeff Niklawski
(314) 726-3993
Jeffrey.Niklawski@mortgage.wellsfargo.com
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Contributed,by,Wells,Fargo,Home,Mortgage, |
Solution Details : If you have a complaint against an FHA approved lender, you should submit your complaint in writing to the appropriate FHA Homeownership Center (HOC) that is responsible for the State where the home you were buying is located. You can find the HOC responsible for each State by going to the following HUD website: http://www.hud.gov/offices/hsg/sfh/hoc/hsghocs.cfm
Address your letter to the Director, Quality Assurance Division at the appropriate HOC.
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT
501 W 10th St Fort Worth, TX
IN RE: CASE NO:
________________________________________________________________
(Debtor) CHAPTER 13
Objection to the Proof of Claim
September 23, 2010
On September 2010, I, ________________________________________________________________(“Debtor”) filed an Objection to Claim against Wells Fargo Home Mortgage, Inc., d/b/a America’s Servicing Company{ Dolan Media} as servicing agent for EMC (“Wells Fargo”). MERS The Objection requested a full history of Debtor’ mortgage loan and support for certain charges or fees claimed by Wells Fargo in its proof of claim. Specifically, Debtor requested documentation to support Wells Fargo’s claim for broker’s price opinion charges Director of Foreclosure (Trust) to meet monthly foreclosure Quota. inspection fees, foreclosure fees and costs, annual escrow disclosure statement as well as all amounts due under Debtor’ escrow account.
The Objection was served on Wells Fargo on September 2010, and was accompanied by a qualified written request delivered to Wells Fargo under the Real Estate Settlement Procedures Act (“RESPA”).
Because Wells Fargo has failed to produce documentation to support the brokers price opinions and property inspection all charges, should be disallowed. The next issue for consideration involved the past claimed for escrow, past due fees.
Wells Fargo’s proof of claim, filed on December 29th 2010, listed 4 months past due and escrow balance of $1866.71 Wells Fargo attached a partial accounting for escrow that showed a negative escrow balance of $1866,71. It shows no “Available Escrow” but claimed an additional $1866.71 needed for ongoing disbursements.
Although no deduction or reimbursement were listed in Wells Fargo proof of claim, Wells Fargo never product evident nor could explain how these amounts were calculated. Wells Fargo has fail to explain to debtor how these amounts were calculated. Wells Fargo has fail to explain whether or not the escrow portion of the past due installment payments included in the proof of claim had been credit to Debtors pass due escrow. Wells Fargo also failed to explain if the past due escrow shortage were calculated in debtors pass due monthly payments. Accounting for escrow that showed a negative escrow balance of $1866.71.
Documents provided by Wells Fargo and their Attorney and Mr. West. The documentation, are conflicting however, was still incomplete and the itemized charges contained in Wells Fargo’s proof of claim Debtor’ mortgage loan and support for certain charges or fees claimed by Wells Fargo in its proof of claim. Specifically, Debtor requested documentation to support Wells Fargo’s claim for broker’s price opinion charges, inspection fees, pre-foreclosure fees and costs, annual escrow disclosure statement as well as all amounts paid under Debtor’ escrow account and unapplied funds, suspense account. {debtor)’s Mortgage payment changed decreased December 7th 2009 for the past due amounts of $1331.73 to $1209.0 to $1479.00.
As the {debtor) continue to reconfirm her documents have been engineered to fit Wells Fargo best interest. As Wells Fargo Special Servicer,”(ASC/APC/Dolan Media/EMC who is responsible for Servicing ________________________________________________________________ loan which are in default or in imminent risk of default. One of the duties is to work with {Debtor}________________________________________________________________ so that they may continue making payments on their loans.
Because this only benefit the Wells Fargo Conspirators receive is the principal and interest payments that {Debtor}________________________________________________________________ make, the Servicer is under a duty to make all reasonable efforts to get troubled {Debtor}________________________________________________________________ back in a stable financial position so as to enable such troubled {Debtor}MY Name to resume her monthly principal and interest payments. In addition, Servicers’ fiduciary responsibilities include accurately reporting certain data with respect to the financial health of the Trust, including number of servicing fees, and Trust expenses, late payments, (so called) missed payments. Statement which has been (Engineered} with technical defects on ________________________________________________________________ statements range from errors or omissions to minor maintenance issues or disagreements with the debtors mortgage statements.
The Thereafter, Wells Fargo as Servicer sends the loan with such “engineered” and technical” defects to Wells Fargo for Special Serving, where all sorts of unauthorized (not authorized under the loan documents) “miscellaneous” fees and other charges are assessed monthly against the unsuspecting (debtor). When the {Debtor}________________________________________________________________ complained Wells Fargo labels the fees and other charges as a “mistake,” and erases the overcharges from the monthly statement or so the {Debtor}________________________________________________________________ is told she was months behind when MY Name paid rears Wells Fargo Conspirators would place partial payments in escrow more than 1/16 of some of her monthly payment due. Only the Wells Fargo’s Conspirators know that it is going to treat any failure to pay any fees or other charges assessed against the {Debtor}________________________________________________________________ an “event of default” within the loan’s performance history. In addition, instead of attempting to “workout” the loan and transfer it back to regular servicing, the Well Fargo Conspirators place unreasonable demands on the {Debtor} ________________________________________________________________ such as a tenfold increase} in the reserve for replacement payments, in order to ensure the {Debtor} ________________________________________________________________ inability to cope with the mortgage payment, the added fees, and the outrageous unknowing/aware additional escrow reserve demands..
When the ________________________________________________________________ {Debtor}is no longer able to cope with the added burdens imposed by the Special Servicer, the WELLS FARGO Conspirators initiate foreclosure proceedings on the property, ostensibly “on behalf of the Trust (ASC).” (Debtor) ________________________________________________________________ files chapter 13 More often than not, the Wells Fargo’s Conspirators know how to prevail due to ________________________________________________________________ debtor’ lack of understanding of the judicial system and her unwillingness or inability to spend huge amounts of money to adequately defend herself, the debtors quits’ Therefore {Debtor} mortgage statements are nothing but an illusion. Amazing! the (Debtor) ________________________________________________________________ shows she has but no funds for her monthly payments $862.63 yet (debtors} has extra funds to pay into her escrow account, while purchasing a large insurance policy outside her monthly income one month after filing bankruptcy, this has occurred without the consent of the (Debtors) ________________________________________________________________’s Attorney and Trustee (Alice Whitten) . Debtors payments were never applied. (Debtor) ________________________________________________________________ believes Wells Fargo Attorney (ASC) with the Power of Attorney (Trust) knowingly filing false proof of claims with similar cases prior and present. Wells Fargo (ASC) will purposely try and keep debtor in default, while making every effort to foreclosure on the debtor home. Wells Fargo (ASC) has not disclose their action behind $3100.00 fee for hazard insurance place on debtor mortgage January 2010, after Wells Fargo filed their proof of claim December 29th 2009. MY Name 12 month annual disclosure statement calculation received from Wells Fargo (ASC) doesn’t reflect 12 months. Therefore MY Name end of the year 1098’s P&I, payment schedule index, payments made, escrow disclosures statements, were conflicting to one another.
September 22nd 2010
|
Large amount of Escrow Payments/Without MY Name knowledge |
$ 1,553.57 |
April 2008 |
|
Large amount of Escrow Payments/Without MY Name knowledge |
$ 858.62 |
May 2008 |
|
Large amount of Escrow Payments/Without MY Name knowledge |
$ 1,015.71 |
March 2009 |
|
Large amount of Escrow Payments/Without MY Name knowledge |
$ 1,367.51 |
August 2009 |
|
Large amount of Escrow Payments/Without MY Name knowledge |
$ 594.32 |
August 2010 |
|
Total |
$5,389.73 |
|
|
|
|
|
Fees |
292.26 |
2007 |
|
Fees |
185.00 |
2008 |
|
Fees |
51.21 |
2009 |
|
Fees |
78.75 |
2009 |
|
Fees |
483.64 |
2009 |
|
Additional Escrow |
1,867.47 |
2009 |
|
|
|
|
Total/Fees and Extra Escrow |
2,958.33 |
|
|
Large amount of Escrow Payments Total |
5,389.73 |
|
|
|
|
|
Total |
$8,348.06 |
|
Hud/Property & Preservation Inspection Guidelines :
When a mortgage is in default and a payment is not received within 45 days of the due date, and efforts to reach the mortgagor by telephone or other means within that period have proven unsuccessful, the mortgagee must make a visual inspection of the property to determine occupancy status in accordance with the requirements in Attachment 2. The cost schedule has been reformatted to show reimbursable limits for initial inspections, additional units and subsequent inspections. Subsequent inspections are to be performed 25-35 days following any prior inspection if the property is vacant or following the last contact with the mortgagor if the mortgage is in default.
October 17, 2008
MORTGAGEE LETTER 2008-32
TO: ALL APPROVED MORTGAGEES
ATTENTION: Single Family Servicing Managers
SUBJECT: Use of FHA Loss Mitigation During Bankruptcy
This Mortgagee Letter updates the Department’s position on the use of FHA Loss Mitigation while a borrower is in bankruptcy. The guidance regarding mortgagors in bankruptcy provided on pages 9 and 25 of Mortgagee Letter 2000-05, is superseded by this Mortgagee Letter. Mortgagee Letter 2000-05, generally prohibited mortgagees from offering loss mitigation to a borrower in bankruptcy. That guidance was predicated on the concern that HUD did not want to influence mortgagees to take any action that would be considered by the Bankruptcy Court as a violation of the automatic stay.
The Department was recently approached by the mortgage industry and bankruptcy experts regarding the Department’s current guidance on mortgagors in bankruptcy. As a result of these discussions, the Department understands that contact with debtor’s counsel or a bankruptcy trustee does not constitute a violation of the automatic stay and that waiting until a bankruptcy is discharged or dismissed before offering loss mitigation may be injurious to the interests of the borrower, the mortgagee and the FHA insurance funds.
Effective immediately, mortgagees must, upon receipt of notice of a bankruptcy filing, send information to debtor’s counsel indicating that loss mitigation may be available, and provide instruction sufficient to facilitate workout discussions including documentation requirements, timeframes and servicer contact information. Working through debtor’s counsel, mortgagees may offer appropriate loss mitigation options prior to discharge or dismissal, without requiring relief from the automatic stay and in the case of a Chapter 7 bankruptcy, without requiring re-affirmation of the debt. It is strongly recommended that the bankruptcy trustee be copied on all such communications. All loss mitigation actions must be approved by the Bankruptcy Court prior to final execution.
Nothing in this mortgagee letter requires that mortgagees make direct contact with any borrower under bankruptcy protection. However, the information required to file a bankruptcy petition (now a matter of public record) will often include sufficient financial information for the mortgagee to properly evaluate the borrower’s eligibility for loss mitigation. Using this financial information, many mortgagees have been able to complete the loss mitigation evaluation before the bankruptcy plan is confirmed and have offered a pre-approved loan modification agreement. For those mortgagors that sought bankruptcy protection solely to avoid foreclosure of their homes, this solution allowed the mortgagor to have the bankruptcy dismissed and begin fresh with a mortgage obligation that is both current and with payments that the mortgagor can afford. For those mortgagors with other financial problems, the resolution of the mortgage problem will put them in a better position to resolve the remaining financial issues.
Where the mortgagor filed the bankruptcy Pro Se, (without an attorney), the Department recommends that information relating to the availability of loss mitigation be provided to the mortgagor with a copy to the bankruptcy trustee. This communication must not infer that it is in any way an attempt to collect a debt. Mortgagees must consult their legal counsel for appropriate language.
The Department cautions mortgagees not to report current loans to HUD’s Single Family Default System (SFDMS) simply to alert HUD that a bankruptcy has been filed. Loans must be at least one full payment due and unpaid (30 days delinquent) before reporting to SFDMS is required. Where the mortgagee is successful and is able to utilize loss mitigation on an account in bankruptcy, it must continue to report the appropriate status codes in SFDMS to reflect loss mitigation actions. Please ensure that should the loss mitigation initiative result in reinstatement or payment in full that the appropriate status code is reported to SFDMS.
The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control numbers 2502-0429 and 2502-0523. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB Control Number
Any questions regarding this Mortgagee Letter or requirements for use of the partial claim and loan modification authorities may be directed to HUD's National Servicing Center (NSC) at 888-297-8685 or hsg-lossmit@hud.gov.
Sincerely,
Brian D. Montgomery
Assistant Secretary for Housing –
Federal Housing Commissioner
The purpose of RESPA is “to protect home buyers from material non-disclosures in
Settlement statements and abusive practices in the settlement process. RESPA applies not only to
The actual settlement process, however, but also to the servicing of federally regulated mortgage Loans.
________________________________________________________________ Affirm this is the Truth
Signature_______________________________________
Date_____________________________________________
