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Wrongful foreclosure

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tchilders

Junior Member
Texas
I was working with Wells Fargo on a loan mod I spoke with my home preservation specialist in Jan she told me a list of documents I needed to send and to let her know when I did it. I did just as she told me I sent the documents and called and left a message on her voice mail I also informed the collections department of what I had done when they called me a few days later. I came home on Feb 7 to find a notice to vacate pursuant to foreclosure. I called Wells Fargo and asked what was going on they told me that they had not heard from me since Oct and that my house was sold. I told them that was untrue and I had phone records to prove it. I was then told they would research my case and get back to me in 24-48 hours. 6 days later I called them back because I still hadn't heard from them. They are now telling me that they did get my app and my financials but that my proof of income was not the correct documentation so they did not open my loan modification. I was never informed of any additional or missing documentation. How can they not inform me of this and just sell my home? I am a mother with 3 kids and as soon as I receive an eviction notice, will be living in a shelter. I am in desperate need of some help and advise. I need to know if this is something worth fighting
 


nextwife

Senior Member
When did you default? If the house has already completed Sheriff's Sale, how long were you in default before starting any mod requests? Were you saving any portion of the skipped payments toward a sum needed to do a forebearance agreement? Were you going to be able to pay any lump sum toward your deficiency if a mod might have been granted?

How many months of non payment were there?
 

HomeGuru

Senior Member
Texas
I was working with Wells Fargo on a loan mod I spoke with my home preservation specialist in Jan she told me a list of documents I needed to send and to let her know when I did it. I did just as she told me I sent the documents and called and left a message on her voice mail I also informed the collections department of what I had done when they called me a few days later. I came home on Feb 7 to find a notice to vacate pursuant to foreclosure. I called Wells Fargo and asked what was going on they told me that they had not heard from me since Oct and that my house was sold. I told them that was untrue and I had phone records to prove it. I was then told they would research my case and get back to me in 24-48 hours. 6 days later I called them back because I still hadn't heard from them. They are now telling me that they did get my app and my financials but that my proof of income was not the correct documentation so they did not open my loan modification. I was never informed of any additional or missing documentation. How can they not inform me of this and just sell my home? I am a mother with 3 kids and as soon as I receive an eviction notice, will be living in a shelter. I am in desperate need of some help and advise. I need to know if this is something worth fighting

**A: how many months of non payment of your mortgage?
 

tranquility

Senior Member
There are tons of complaints about banks going through the loan modification and tentatively allowing the modification while they check to see if the owner qualifies. When they find they don't, the rate goes back to where it was and all missing amounts between what was paid and what is owed is due and payable.

This is similar.

The OP must be able to pay what he owes on the original note, or the foreclosure will go through, or the bank will stop the process and work with the OP. The OP is not going to be able to force anything here.
 

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