• Report: #547622

Complaint Review: Americas Servicing Company - Wells Fargo Home Mortgage

  • Submitted: Wed, December 30, 2009
  • Updated: Thu, January 07, 2010

  • Reported By: Chad, TX — McKinney Texas United States of America
Americas Servicing Company - Wells Fargo Home Mortgage
PO Box 10335 Des Moines, Iowa United States of America

Americas Servicing Company - Wells Fargo Home Mortgage Wells Fargo Home Mortgage Wells Fargo run around, trying to steal property Des Moines, Iowa

*Consumer Suggestion: Is your house worth more now than it was before? Why modify possible fraud

*Consumer Comment: Why a modification?

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I was layed off my job (after paying my mortgage for over 5 years on time), after finding another job, I applied for a loan modification with Wells Fargo Home Mortgage over 5 months ago.  For over 5 months I have been getting the run around, with them losing paperwork, transfering me to different departments, requesting paperwork I have already submitted be resubmitted in different way (over 25 submissions) and over 50 phone calls.  Finally, after 5 months a representative said that everything was submitted and that they could start working on modification, (the next day, all my paperwork was sent to the short sale department), and another representative said, we can't do anything until you call that department and have your paperwork sent back to the modification department, (and said it was their fault), so I did.  Then after days of waiting for it to be sent back, another representative from the modification department said that all the documents were not correct and I needed the same documents sent in with more stuff on it this time and that the whole process would have to start over again.  (The same documents were sent over 25 times, each time requiring something new, then it was approved, then it was sent back, needing more)... I am 100% convinced that they do not want to modify the loan, even though I make double what I made before I got layed off.  They just want to steal my house!  This is fraud, in it's worst form!, taking advantage of people!  I truly believe that they don't want to modify loans, they just want to take them!

This report was posted on Ripoff Report on 12/30/2009 01:58 PM and is a permanent record located here: http://www.ripoffreport.com/r/Americas-Servicing-Company-Wells-Fargo-Home-Mortgage/Des-Moines-Iowa-50306/Americas-Servicing-Company-Wells-Fargo-Home-Mortgage-Wells-Fargo-Home-Mortgage-Wells-Far-547622. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

Is your house worth more now than it was before? Why modify possible fraud

AUTHOR: nrsrchd - (United States of America)

This could be a good reason for them to want to take your house.  The way to stop that is with a certified forensic mortgage audit.  Since predatory lending is a major problem I think that predatory foreclosure is just as big a problem.  They give you the run around and tell you not to pay or pay a reduced amount then foreclose due to non payment, even though they said not to.  Many time the take the payment and do not apply it saying it was being held pending this or that bs.  Now make them stop all the bs by going to Endless Fraud Detection and add a dot com to find the website and have them audit your paper work. Why certified forensic audit?  First these audits are done by lawyers for lawyers and are certified by the National Association of Mortgage Underwriters and the National Association of Mortgage Processors.  Forensic because a crime could have been committed and the evidence is in the paper work.  Now while this is being done all actions the mortgage company may be taking against a home owner will cease.  If you are not in foreclosure getting an audit puts you in a better postion because you become the plaintiff not the defendant.  Why should you assume there is fraud?  The 2006 Inspector General report stated that a random survey showed that 83% of mortgages contained fraud.  Now the company that does these audits has yet to see one that does not contain fraud so they are seeing a 100% rate of fraud.  That is not good for this country.  Because of this we have the "obama plan" which contains convoluted language in which you give up your right to sue if you find fraud later own.  Yes he is a bankers president alright. 
Now back to the audit.  These audits are state and local municipality specific.  Once the audit is complete a RESPA letter will be created or a letter of Rescission depending on the level of violations.  The RESPA letter will ask for more information.  If it is a rescisson letter then it will ask for all money paid in back.  Then add the cost of the violation fines, the audit cost, and legal fees together and if they are more than the cost of the home then the mortgage company owes the homeowner, not the other way around.  Now if the differnece is less then you sit down and renegotiate that differnece for a really low interest rate.  Since they now know you know how to check up on them they are less likely to write fraud in this contract but make sure they do not sneak your right to sue away in some convoluted language like the "obama plan"  Along with the audit you can get the litigation paperwork support that your lawyer will love as 90% of his work is done.  Now you can hire him by the hour or on contingency which ever you want to work out.  It will contain the complaint, all the causes of action, supporting case law, and all the laws violated as well as your prayer for relief.  All he needs to do is file it and wait for them to call asking what it will take to get you to go away.  You simply remind them that your prayer for relief is what it will take or see you in court.  See they do not want this in court in front of a jury of homeowners that might think they were screwed as well.  Ocwen tried to foreclose on a $31,000 note and paid the homeowner 11.2 million in damages and no mortgage company wants to be the next ocwen.  Now lets take back this country one house at a time.

nrsrchd
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#2 Consumer Comment

Why a modification?

AUTHOR: Flynrider - (U.S.A.)

"I am 100% convinced that they do not want to modify the loan, even though I make double what I made before I got layed off."

  If you were able to pay on time for 5 years at your old salary and now you're making double that, why do you think they would modify your loan?

  I don't know your personal finances, but I just wanted to point out that in the rare event that a lender does process a loan modification, they do so because the homeowner's financial circumstances have deteriorated to the point that they can no longer afford the payment.   Showing that your income has doubled will likely get you a rejection, even if they do get around to processing your application.

 

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