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Wells Fargo d/b/a America’s Servicing Company Class Action Lawsuit Complaint Filed Over Mortgage Loan Modifications

Wells Fargo Homeowners File Class Action Lawsuit Complaint AgainstWells Fargo & Co., Wells Fargo Home Mortgage and Wells Fargo Bank, N.A. d/b/a America’s Servicing Company Over Mortgage Loan Modification Practices.

A class action lawsuit has been filed against Wells Fargo & Co., Wells Fargo Home Mortgage and Wells Fargo Bank, N.A. d/b/a America’s Servicing Company (collectively “Wells Fargo” or “Wells Fargo Bank” or “Wells Fargo Home Mortgage” or “America’s Servicing Company” or “Defendants”) in the United States District Court for the Northern District of California (styled Forster, et al. v. Forster, et al. v. Wells Fargo & Co., Wells Fargo Home Mortgage and Wells Fargo Bank, N.A. d/b/a America’s Servicing Company) alleging, among other things, that Wells Fargo improperly induced plaintiffs and the class into breaching  the terms of their mortgage agreement and causing them to default on their mortgage loans with the intention of collecting and retaining late fees, interest and penalties by informing the borrowers that loan modifications would not be considered for those individuals who were current on their payments, according to the Wells Fargo mortgage loan modification class action lawsuit complaint.

The Wells Fargo d/b/a America’s Servicing Company mortgage loan modification class action lawsuit complaint reportedly is brought on behalf of the following putative class of persons:

All persons who: (1) have or had a residential mortgage that is currently being serviced or was previously serviced by ASC during the applicable statute of limitations (the “Class Period”); (2) sought a loan modification from ASC; (3) were current on their mortgage payments at the time they sought a loan modification from ASC; (4) were informed by ASC that they were no eligible for a loan modification unless and until they defaulted on their mortgage payments; (5) defaulted on their mortgage payments in order to become “eligible” for a loan modification, as allegedly falsely represented by ASC; and (6) were charged fees, interest, and related penalties by ASC arising from their default on their mortgage payments (the “Class”).

For more information on the Wells Fargo d/b/a America’s Servicing Company mortgage loan modification class action lawsuit, read the Wells Fargo d/b/a America’s Servicing Company mortgage loan modification class action lawsuit complaint.

If You Have Thoughts On The Wells Fargo d/b/a America’s Servicing Company Mortgage Loan Modification Class Action Lawsuit, Share Your Class Action Lawsuit Comments Below.

{ 18 comments… add one }
  • Pete November 24, 2010, 9:48 pm

    The lawsuit should include those who were forced into bad in-house loan modifications in which Wells did not even have the authority in the first place as the note had not yet been assigned to them. Additionally, they changed a Fannie Mae form to include text that we could not dispute the original loan docs. We were told the investor did not participate in HAMP. They say they are not able to provide us with an amortization schedule, which might mean that the short payments are being added to the back end. It is unclear in the agreement. We were told that if we did not sign the agreement (withing 6 days by the time we received it), we would NOT get a loan modification period. Someone needs to take a good look at what’s going on with Wells Fargo Alternative Loan 2007-PA3 Trust. The home in this trust are being foreclosed on like crazy…but who is getting the money, because it is not the actual trust that is foreclosing…it’s a similar name.

  • Melinda Colp December 5, 2010, 4:17 pm

    We wish we could have a class action suit but do not know where to sign-up; so this is a letter sent on 11/30/2010 to the following people:
    To the President, Governor, Congressional Oversight Committee, Senators, US Representatives, and the Congresswoman, “8 On Your Side”:
    This is a story that needs to be heard before we lose our home on December 17, 2010.
    My husband and I have tried very hard to resolve our financial issues with Saxon Mortgage Company with no success since January 2009. We have used two sets of different law firms to help with the legal aspect of the courts. We are very frustrated and stressed over this whole deal. Below is a synopsis of our experience:
    We started back on January 24, 2009 with GRISWOLD & AGDEPPA, A.P.C., actually before we even were behind on a mortgage payment. We knew at the time with wife being off work from 12/31/08 to 4/1/09, that we would be at least three months behind before I was able to return to work, we contacted GRISWOLD & AGDEPPA before it actually happened. Our biggest frustration is how everything got so messed up.
    Saxon Mortgage (who is under Wells Fargo Banks) never had the same answer for anything or anyone since this whole thing has begun. We have kept up on every part of this modification including them getting the modification package overnight on June 12, 2009. Where somehow they lost the modification, cash the check but lost the payment record. We should have known then that this company is not professional at all. After many words with a Saxon Call Center Supervisor named George #21750, this is what was determined on Saxon’s part. Saxon hadn’t received the payment for September (which we have a copy of the confirmation). He stated that the bank account #1295 was not entered on Saxon’s behalf. He stated he was correcting that error today (so it will probably now show that we did not pay until 9/17/09). Actually, after calling the number the lawyers gave us, Saxon had not changed anything with that payment. Carol from Home Preservation stated we could resend the payment again to them and noted on the account that it was an error made by Saxon. She stated a check would be acceptable, but Jim sent this by Western Union which we retained a copy. We had quite the discussion on Saxon’s professionalism and if he could see how frustrated the customer is when no two people from Saxon can give the customer the same answer. That lead us into asking for the exact date that our paperwork actually went to the underwriters like we were told in August after our third payment (we contacted the lawyers right after that conversation and got everything straightened out, we thought). George proceeded to looked back (from then to last May) in Saxon’s records of us and found nowhere has our modification documents ever gone to the government’s underwriting. He proceeded to tell us that we were going to have to make two more payments at $1853.71 until Saxon was able to send the modification to underwriting; which lead to another lengthy discussion.
    We made five modification payments, starting on June 12, 2009 (which only 3 were agreed upon) for the trial modification at $1853.71 on time. My question is why did Saxon not send anything into underwriting as agreed upon in their trial modification? They say they are behind so why would that be our problem? We just don’t understand that. We are behind and they expect us to keep paying. If we pay another full payment of $1853.71 in November 2009 we would have been three months behind in our car payment again. Since July, we have constantly been behind three months in car payments. The car loan company helped us out in February by putting two payments behind. Since being off those three months we have just never caught up. Neither of us is able to work overtime due to the economy and I had another surgery in September 2009 and missed a week of work.
    I am sure there are millions of people in the same boat, but we have to look out for ourselves because nobody else is. George (from Saxon) gave me some addresses and fax numbers to Saxon Mortgage Home Loan Preservation. At the time I realized there was nothing anybody can do to escalate the process with the underwriters but there should be something we can do about Saxon Mortgage. The paperwork should have been sent to the underwriters in August. What ever their reason is for being behind should not be our problem or add to our already pending problem. I asked if there was anyway we can get some satisfaction. I am sure if I was an important person or congressman needing this help, people would be falling all over themselves to push this through. At the beginning of May 2010, Saxon stated to us and GRISWOLD & AGDEPPA law firm that they do not participate in the HAMP Program and denied any modification to our loan. You would think this would have been conversed when this first started not after all of this enormous paperwork, calls, letters back and forth. This was unacceptable to us after over a year of correspondence with Saxon.
    We decided to hire KEL Attorneys as a last ditch effort at the end of May 2010 after receiving a letter from the Circuit Court System stating that nothing had transpired with the foreclosure in a year, so unless Saxon’s Attorneys notified the court it would be dismissed. KEL Attorneys stated how everything should work within the courts and that we would have our day in court to express what we have experienced. Wrong, the Circuit Court System and Saxon’s Attorneys fast forwarded the process and denied the dismal and set-up a sale date the same day. KEL disputed that the ruling was in error and has now appealed to the Appellate Court for an emergency hearing. But I guess what we think an emergency hearing is different then what the court determines it to be. We are just in the process of losing our home before they grant an emergency hearing. This is not a big deal to the courts because it is not them. It is just myself, my wife and her parents (who we totally support) losing our only home. KEL Attorneys have tried everything, including contacting Saxon Mortgage, several times; with another modification package for us but they do not return any correspondence except to us. Saxon, all of a sudden in October, Saxon sent us a new payment schedule for November 1, 2010 to follow which we were excited about until KEL Attorneys contacted Saxon and stated they would not accept any payment from us. So we followed the advice of the KEL Attorneys and did not make the November payment. So, Saxon called this week to find out why we are late on our November payment and directed them to contact KEL Attorneys. We contacted KEL and they stated Saxon told them that this was just ordinary correspondence and had no bearing on the foreclosure. As of right now, the judge set a new sale date of December 17, 2010 without even holding a hearing to see if there was any other motions or let us speak. We thought that every person has the right to defend themselves or through a lawyer to be able to explain to the court the circumstances. We have never had that opportunity for ourselves or through lawyers.
    We believe if we would not have hired lawyers to represent us through this whole ordeal we would have lost our home long before now. Saxon Mortgage should not be able to get away with treating their Customers this way on a government funded assistance program.
    The mortgage companies are telling people to use the modification process but once you sign up there is no turning back and they take your home because they can not help you until you are behind at least 3 payments. Then the mortgage companies have you where they want you. There must be a lot of money being made somewhere by a lot of people on this “modification program” or why else would mortgage companies or banks not help people to stay in their homes. There is no incentive for them to help anyone. If they were accountable for the homes and not able to claim a loss or buy it back for $100 and resell the home, there would truly be a different ending to each person story.
    We are begging at a chance to show the court everything we have done to try to save our home so please help us; we are drowning with no sight of light. Please tell us what we can do to help our cause and maybe help others down the road. Someone needs to know about all of the problems that mortgage companies are causing the American Consumer. They are causing more pain, suffering, emotional distress, and financial issues for the consumer than just losing their home.
    Thank you very much for reading our letter and hopefully helping us to save our home in time. A stay would allow us to continue our efforts with our attorney towards another modification program.
    _________________________________ ________________
    James M Colp Date
    _________________________________ ________________
    Melinda J Colp Date

    We have enclosed a couple of the letters that were corresponded with Saxon Mortgage.
    Letter dated 01/26/2009
    James and Melinda Colp

    Saxon Mortgage
    P.O. Box 163405
    Ft. Worth, TX 76161
    Re: 2000238200

    To Whom It May Concern:
    The purpose of this letter is to explain the unfortunate set of circumstances that have led to our mortgage delinquency. After exhausting all of our resources, we have but one avenue left, and that is to appeal to you for a mortgage loan modification. We believe this would be a tremendous relief in our situation in that it would allow us to afford keep our home that we love.
    The main reason that caused us to become late was a reduced income from my wife having jaw surgery with complications that were not planned. She has not received a full paycheck since January 9, 2009. She is scheduled to be off at least another week and working only part-time during the month of February. My wife has had numerous doctors’ visits since August 2008 at $35 a visit plus prescriptions costs.
    We have a home mortgage with an adjustable rate of 8.895%. We tried to refinance our mortgage in October with Saxon, but were declined. Saxon Mortgage contacted us at the end of October offering a 5 year modification to stay at the 8.895% which we agreed upon. Since March of 2008, we have been able to pay our payment by the 16th of every month. The cost of living being at an all time high has caused us to become further and further behind with all of our bills stretching our money as far as we can. We are not in the position to refinance due to loss of values in the real estate market. On January 16th, we realized that we were going to miss the January payment and probably miss February’s due to my wife having no income. We believe that the situation is just temporary until my wife is able to work full time again.
    By obtaining a loan modification, we feel confident that we will be able to maintain our mortgage, and pay on the loan that has been afforded to us. We hope you will consider working with us on this matter. Sincerely and Respectfully, James and Melinda Colp

    Another Letter dated: 02/18/2010
    To: Saxon Mortgage Co.
    RE: Loan 2000238200
    This letter is to show a temporary hardship which was started by an unforeseen condition. On December 31, 2009, Melinda had surgery on her jaw. This surgery was known as TMJ. We had planned for this and the brief period of being off of work that followed. What we did not count on was Melinda’s jaw rejected the prosthesis which was inserted during the surgery. She then had to miss more work and had a second surgery to correct the problem. This was a total of three (3) months off work with no pay. After Melinda returned to work, we were behind three (3) months with our loan and no chance to catch-up. Working overtime for extra money to catch-up has not been allowed at either of our employments since May 2009. The whole ordeal put us in a temporary financial hardship. We had applied for the HAMP program but after review and one year later, we were denied.
    We are asking for a chance to save our home. If you would allow us a modification to our loan payments, we would be able to turn this temporary financial hardship around. We do not foresee any hardship in the future if you are able to help us in this financial matter. We do not want to lose our house. We are willing to work with anyone to resolve our loan issues. Please help us to resolve our temporary financial hardship.
    Thank you for your time, James M. Colp and Melinda J. Colp

  • mike December 18, 2010, 6:01 pm

    Dear James and Melinda,
    I am with you on this predatory lending practices. My story is similar, only some of the names have changed. My loan made with Freemont and was purchased by Wells Fargo and my payments were handled by Americas Servicing Company, a division of Wells Fargo. They both talked me into a modification. My interest went from 9.7 to 11.75%, even though I had ontime payments, good credit, higher salary, and higher appraisal. The street rate was about 6%. Both gave me the run around for a year. I followed all of their instructions. Then they admitted that they are not able to even do modifications, because the loans are owned by thousands of investors, not them. While negotiating still, I was foreclosed on by Duetche Bank. I have no relationship with them! My Sherrif Sale is in February, and I am now in the middle of a divorce because of all this. I have names, dates, letters, and phone records. Now we just need a few more plaintiffs and legal help. My e-mail is mike.autoworks@yahoo.com

  • RT December 28, 2010, 5:14 pm

    I had a lot of problems with Wells Fargo Mortgage. I was trying to do a short sale and they kept losing my & my realtors paperwork. I had a VA loan and I think they just wanted to cash out instead. The house ended up getting forclosured. I know I was getting the run around. Is there any class action lawsuits for the VA (Veterans Affairs) loans or for the Commonwealth of Virginia (where the house is)? Any help would be greatly appreciated. I think they caused my credit more damage with the forclosure than the short sale.

  • sharon roose February 11, 2011, 10:58 am

    They have turned my down four times. First it was I make to much. Then I don’t make enough. Then I owe to much, and I have no credit card bills. Then something else stupid I can’t remember anymore. The buttom line is they have no intention of giving me a loan Mod.I have Mers on my property so I dont think they( american servicing) can even collect.They never did any assigment of deeds of trust to any of the three different lender they transfered title to! Bad Bad Bad!!!! NOT LEGAL at all! Who do they think they are! Im In the Title business!!!!!!!!

  • Roxanne March 23, 2011, 11:23 pm

    I am looking for memmers to join a class action lawsuit. The banks have been fraudulent and they have been getting away with it. People need to get together and prove its worng.

  • Gary & Dawn Corbier April 10, 2011, 10:45 pm

    Since completing our bankruptcy several years ago, which at some point ASC claims to have paid our property taxes, they were not applying our payments and they were charging penalties and late fees. Although we did not have an escrow account they created one based upon the monies we allegedly owed them for the taxes they paid. Despite numerous phone calls and faxes over a period of approximately 2 years, the issues were never cleared up. Every time we spoke with someone, there was never any record of having spoken with us previously. We faxed paid property tax receipts for about 7 years to prove that we had paid the taxes. Of course, they claim to have never received them. Through all of this, our fees and our escrow kept escalating. We would receive a couple of statements every month and the late fees and penalties kept increasing. We met with a real estate attorney who tried to represent us in a legal fashion, however, he also was being led in circles. After several months, the attorney suggested that we contact the attorney who represented us for the bankruptcy. The bankruptcy was initiated for the purpose of stopping ASC’s foreclosure process which came about because of my husband losing his job and our falling behind in our mortgage payments. We spoke with our bankruptcy attorney (the taxes that ASC claimed we owed them were allegedly paid during our bankruptcy plan and had been included with the total amounts, along with their legal fees, etc., in our filing). Our attorney tried to resolve this issue with ASC and was also getting the run around. At some point, once again, our property tax receipts were faxed to ASC by our attorney. After approximately 6-9 months of dealing with ASC, our attorney felt that it would be necessary to return to bankruptcy court and reopen our case, despite the potential consequences to our credit. The case was reopened, a court date set and before the attorneys even went into the courtroom, their (ASC/Wells Fargo) attorney agreed that ASC was at fault and agreed to a $2000 settlement ($1000 to our attorney for their services and $1000 to use for our aggravation). Based on the court orders, ASC had 60 days as of January 6, 2011 to correct their records. They still have not updated their records and for that matter, the situation has gotten worse. We are still faxing ASC’s documentation to our attorney and I have no idea if this will ever get cleared up. We also continue to make our regular monthly payments to ASC (not the increased amounts they claim we owe in order to fulfill their escrow account) and they continue to cash the checks but do not apply the funds. Although I’m not sure how it works, I’m wondering if a loan modification suggestion is in our future.

  • Gary & Dawn Corbier April 10, 2011, 10:56 pm

    I believe I originally posted this as a reply to Roxanne, however I would like to post it directly to this page. Therefore, I am posting this a 2nd time in an attempt to have it posted directly. I would also like to have a copy of the original complaint or a case summary, however that appears restricted as official court business. Does anyone know where I can find this in order to forward it to our attorney? Thanks.

    Since completing our bankruptcy several years ago, which at some point ASC claims to have paid our property taxes, they were not applying our payments and they were charging penalties and late fees. Although we did not have an escrow account they created one based upon the monies we allegedly owed them for the taxes they paid. Despite numerous phone calls and faxes over a period of approximately 2 years, the issues were never cleared up. Every time we spoke with someone, there was never any record of having spoken with us previously. We faxed paid property tax receipts for about 7 years to prove that we had paid the taxes. Of course, they claim to have never received them. Through all of this, our fees and our escrow kept escalating. We would receive a couple of statements every month and the late fees and penalties kept increasing. We met with a real estate attorney who tried to represent us in a legal fashion; however, he also was being led in circles. After several months, the attorney suggested that we contact the attorney who represented us for the bankruptcy. The bankruptcy was initiated for the purpose of stopping ASC’s foreclosure process which came about because of my husband losing his job and our falling behind in our mortgage payments. We spoke with our bankruptcy attorney (the taxes that ASC claimed we owed them were allegedly paid during our bankruptcy plan and had been included with the total amounts, along with their legal fees, etc., in our filing). Our attorney tried to resolve this issue with ASC and was also getting the run around. At some point, once again, our property tax receipts were faxed to ASC by our attorney. After approximately 6-9 months of dealing with ASC, our attorney felt that it would be necessary to return to bankruptcy court and reopen our case, despite the potential consequences to our credit. The case was reopened, a court date set and before the attorneys even went into the courtroom, their (ASC/Wells Fargo) attorney agreed that ASC was at fault and agreed to a $2000 settlement ($1000 to our attorney for their services and $1000 to use for our aggravation). Based on the court orders, ASC had 60 days as of January 6, 2011 to correct their records. They still have not updated their records and for that matter, the situation has gotten worse. We are still faxing ASC’s documentation to our attorney and I have no idea if this will ever get cleared up. We also continue to make our regular monthly payments to ASC (not the increased amounts they claim we owe in order to fulfill their escrow account) and they continue to cash the checks but do not apply the funds. Although I’m not sure how it works, I’m wondering if a loan modification suggestion is in our future.

  • tm April 14, 2011, 5:28 pm

    how can I join in the lawsuit? my story is the same as the ones above.

  • Cosmas Mahagama July 15, 2011, 11:30 pm

    If You Have Thoughts On The Wells Fargo d/b/a America’s Servicing Company Mortgage Loan Modification Class Action Lawsuit, Share Your Class Action Lawsuit Comments Below. I bought a Condo in Marina Del Rey in the year 2000. I was there for nine years paying the mortgage diligently. It was a 785,000.00 home and was paying $3600.00 a month after a 15% down payment. In two thousand eight I was late in my Property taxes and they took over deduct and pay my taxes. My bill rose $5,000.00 with a modified plan. In Novmber of 2008 my mortgage check got returned due to another check coming earlier than I thought. I requested immediately for the bank to re deposit my check which they said they would and also mentioned that it was customary for the them re deposit the check if it had not been done once before. They waited and wrote back to say they were going give me a modified plan. It took nine months for them to decide to give me a plan but long before they had filed papers by ASC to foreclose my property. At that time there was at least $200 – $300.000 in equity in the property. Each time out fear when I had asked them if they would foreclose I was always given the assurance they would officially let me know 12 days in advance when they decide to foreclose.Then eventually they send me papers asking me to $6,500.00 dollars per month. I was astounded as 6.500.00 plus 1,500.00 i paid for Condo fees it added up $8,000..00 dollars. I angrily complained that I could not afford such a high price and requested them to give me a reasonable amount close to $5,000.00. Eventually they foreclosed on me while I was still sending documents from the state one their request to obtain a reduced monthly fee.On the day of the auction when I checked I found that the bank had transferred my property to their asset account and was not auctioned. When I wrote to them they gave me some lame excuses. My property was at 13600 Marina Pointe Drive Marina Del Rey CA 90292 my email cozimahagama@yahoo.com

  • ko May 9, 2012, 3:34 pm

    how can i join the law suit with asc and wells fargo. I have paid out nearly 40k in two years in lump sums on 4 modifications that were never completed and finally they rejected my last payment saying they couldnt accept pmts from my husband as he was not on the note. He was on the note and they are scammers. I had over 50% equity in the home and they new it when I refied the balance and wells fargo was just waiting to get 100 percent ownership of the note so they could forclose. they owe me

  • TERRI GAMINO August 19, 2012, 11:02 pm

    PLEASE INFORM ME OF THE LAWSUIT AGAINST ASC.

  • DONNA STRAUGHTER November 8, 2012, 4:21 pm

    I LOST MY HOME IN 2008, MY HUSBAND WAS OFF WITH PROSTATE AND HODGKIN LYMPHOMA CANCER AND AT THE TIME I WAS THE ONLY ONE WORKING, WE FELL ALMOST 2 MONTHS BEHIND, IN THE PROCESS I WAS TRYING TO WORK WITH ASC TO GET SOME KIND OF MODIFICATION OR EXTENSIONS OR PUT THE PAYMENT IN THE END OF THE LOAN AND IT WAS LIKE PULLING TEETH TO GET ANY HELP OR INFORMATION ON HOW TO SAVE MY HOUSE, EVERY TIME I CALLED THEY SAID THAT THEY DIDN’T HAVE ANY INFORMATION THAT I COULD QUALIFY FOR ANYTHING, THEY ADVISED ME TO TRY AND SELL THE HOME WHICH I DID AND THEN THEY TOLD ME THAT I HAD TO MOVE BECAUSE THE HOUSE WAS BEING SOLD IN AN AUCTION, MY REALTOR AT THE TIME GOT SO FRUSTRATED AS WELL BECAUSE OF THE UN PROFESSIONALISM THAT TOLD HER ALSO THAT THERE WAS NO PROGRAM FOR ME , THEN THEY SENT ME A LETTER AND THEY HAD INCREASED MY PAYMENTS AND IF I COULDN’T CATCH UP THE HOUSE WAS ALREADY UP FOR FORECLOSURE PROCEDURE, AND COULD NOT EXCEPT ANY PAYMENTS, THEY TOLD ME I HAD A SHORT TIME TO BE OUT OR THE SHERIFF WOULD IF IT WAS SOLD. SO I FOUND AN APARTMENT AND IT WAS STILL NOT SOLD AND VACANT FOR MONTHS AFTER THAT.
    PLEASE TELL ME WHAT TO DO, THEY NEED TO BE STOPPED.

  • Abdelkhalek Elhadiri November 11, 2013, 6:42 pm

    Hi,
    Does anyone has an update of the class action lawsuit against ASC/Wells fargo?
    I am in the same dilemma as everybody.

  • cp March 18, 2014, 12:21 am

    Please send me information on how to join the class action lawsuit. We’re also having run-around from ASC. Took almost 2 years to get a pre-trial period, etc.

  • mona a December 11, 2014, 10:03 am

    Please let me know how to join the class action law suit, asc tricked me into loan modification then they changed their mind after we agreed, bottom line , i lost my home and everything in it thanks

  • Sandy Giles April 7, 2015, 3:02 pm

    I was foreclosed on and now they’re trying to give me money to move out of the house after the foreclosure , I know somethings wrong with the loan. I cannot afford an attorney can someone please give me information on what to do. Every time I sent the paperwork to ASC they would tell me that something was missing when I know they received everything. They gave me two modifications after the end of the modifications they asked me for more paperwork which I sent to them and then they told me more was missing. I was told I had to fax everything in that I could not send it certified. But after the foreclosure then they told me that’s not true that I could’ve sent it certified they lied to me to get the foreclosure.

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