• Report: #911472

Complaint Review: wells Fargo Home Mortgage Property Loss Department

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  • Submitted: Fri, July 13, 2012
  • Updated: Sat, July 14, 2012

  • Reported By: mic/jim — winter haven Florida United States of America
wells Fargo Home Mortgage Property Loss Department
springfield, Ohio United States of America

wells Fargo Home Mortgage Property Loss Department Holding homeowners ins claim for home repair springfield, Ohio

*Author of original report: Still waiting!!

*Consumer Comment: I still say

*General Comment: Voice of Reason:

*Consumer Comment: Probably need a lawyer

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I am having a nightmare experience with WFHM. We had water damage and sent in all paper work and contractor information, so they could review it. The first check was sent out to us and the contractor. Then we found out our contractor was not truly licensed and not legally able to pull permits or able to finish job; and even if so his work was awful; so now that WFHM has been informed that the city building officials and police department will be trying to pursue charges of fraud on him. And his contract is the not legally binding. WFHM will not let us fire him and hire someone else. Our choices are

1) have him agree to quit in a written letter, which he will not do 2) send him

2 certified letters that he will not accept ,which he did accept them

3) wait for a court resolution. This could take months and cost money I do not have. I
do take responsibility for not doing a more thorough background check on this
contractor, but what the heck was WFHM checking out about this contractor for a
month before they sent out the first 1/3 of the money. I told them I will take
the loss of the first check just please let us hire a new contractor to start
our kitchen.

 I have 3 kids and have been living without a kitchen since
04/11/12, just a plywood floor, no electric or water. And after countless attempts
to plea for help; I hear the same thing from them, I am sorry but this is our policy.  




This report was posted on Ripoff Report on 07/13/2012 09:38 AM and is a permanent record located here: http://www.ripoffreport.com/r/wells-Fargo-Home-Mortgage-Property-Loss-Department/springfield-Ohio-45501/wells-Fargo-Home-Mortgage-Property-Loss-Department-Holding-homeowners-ins-claim-for-home-911472. 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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REBUTTALS & REPLIES:
1Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Still waiting!!

AUTHOR: mic/jim - ()

Contractor has been charged and even had to reimburse money, which had to be sent to WFPL. We paid to have kitchen rebuilt and  turned in everything they asked for also passed the 100% inspection. They have accidentally sent money and  cancelled check,they have "accidentally" sent a Hold Harmless agreement for us to sign and return. Now they say the legal dept has to review it and the legal dept has no time limit to get back to us!!  I am feeling like this is a conspiracy because of this and other circumstances we are late on payment now they can take house with new kitchen and the funds. They are aweful!! I hope their is someone that can beat them at there game and win for everyone they have put through this agonizing process!

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#2 Consumer Comment

I still say

AUTHOR: voiceofreason - (United States of America)

It is unreasonable of the bank to prevent these folks from getting the repair work done, since that's the end shot of them holding the funds, and when you multiply all such funds they owe by what they get for in turn lending it out in loans or investing it, they do quite well from the float. That's why their profits have skyrocketed.
A possible mechanics lien would have the same effect whether issued before or after the work is done and money spent. They just flat out sound like they're stalling the family on purpose to hold the money as long as possible.
And unfortunately these people probably got to now throw more money away on a legal fight. Hopefully a state agency can help them.
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#3 General Comment

Voice of Reason:

AUTHOR: IamGood - (USA)

Interest rates are being paid out at a historically low rate.  How can the Mortgage Company make money off of a check when the interest rates being paid out right now are prob about 1%????   How much do you refer to as a Mint?

I responded to the other post left by this same Author, and explained that the reason that WFMC will not release the check is that they feel the contractor (even if they are not licenced), may have legal claim to some of the money.

If they release this check to the home owner to hire another contractor, then the current contractor may have the legal right to sue the home owner, and get a lein against the home.

They are waiting for the Court Case to see what a judge has to say!!!!
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#4 Consumer Comment

Probably need a lawyer

AUTHOR: voiceofreason - (United States of America)

Try Googling "mortgage lender withholding casualty insurance proceeds" and similar queries, see what you come up with.
What little I got is that the lender has a lot of loopholes in your contract allowing them leeway in holding onto those funds, BUT they are not allowed to do so in "bad faith" and standing pat against express legal actions being taken against this contractor smacks of "bad faith" to me.
But since they make a mint by earning interest on these funds while they hold onto them, without even a requirement to pass any of that interest back to you in the end, they've little reason to rush the process unless you sick some kind of legal notice on them.
At the very least, I think y'all need to get a lawyer involved.
It's really horrible. Wish I had better advice. Maybe others seeing this will.
Contact whatever state agency by you governs banks and lenders. They might be willing, or even required, to intervene.
If that fails, try posting on legal help sites like avvo.com or lawyers.com so you can at least get some idea what you're facing before looking for a lawyer. You don't want to hire some do-nothing shmuck who'll end up making matters worse.
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