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  • Report:  #646332

Complaint Review: Wells Fargo

Wells Fargo ASC/Dolan Media/MERS/CoreLogic Wells Fargo, It's a great company Ft Mill, South Carolina

  • Reported By:
    Help is on the way — South Carolina United States of America
  • Submitted:
    Fri, October 01, 2010
  • Updated:
    Wed, January 05, 2011

Hello Everyone,

now that I have your attention, here are some number you need, first you need to file a claim dispute with this company, all payments made to the servicing company on your loan! Include your fha number on all out going letters. Tell Each Person you as the borrower expect an answer under Respa.

Dispute All payments to your Servicing Company /Bank from HUD

U.S. Department of HUD

c/o C&L Service Corporation / Morris-Griffin Corporation

2488 East 81st Street, Suite 700

Tulsa, Oklahoma 74137

If you are in Bankruptcy, You must file a proof of claim objections it's free, do it now! Heres a copy of a letter, besure to put your bankruptcy case number. If you have a trustee, you must make an appointment to go infront of the judge or trustee. Sign all documents, you will also need all your mortgage statements, escrows statements, 1098's... All, do not send them to the court, send them an excel spread sheet, keep copies for your appointment with the judge.

Now remember, these are sujections, the banks are trying to wear you down. Send a copy to your bank... Main address, certified, to the courts certified, to your attorney. Trust no one. Tell the servicers, you want a loan modification since your in bankruptcy.

Sample Letter

DML

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT

IN RE: CASE NO: DML

My Name

(Debtor) CHAPTER 13

Objection to the Proof of Claim

Amended

September 23, 2010

On September 2010, I, My Name(Debtor) filed an Objection to Claim against Wells Fargo Home Mortgage, Inc., d/b/a Americas Servicing Company{ Dolan Media} as servicing agent for EMC/Core Logic/MERS (Wells Fargo). 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 Fargos claim for brokers 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 Fargos 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 Fargos 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 Fargos claim for brokers 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 My Name loan which are in default or in imminent risk of default. One of the duties is to work with {Debtor}My Name 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}My Name make, the Servicer is under a duty to make all reasonable efforts to get troubled {Debtor}My Name 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 My Name 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}My Name complained Wells Fargo labels the fees and other charges as a mistake, and erases the overcharges from the monthly statement or so the {Debtor}My Name 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 Fargos Conspirators know that it is going to treat any failure to pay any fees or other charges assessed against the {Debtor}My Name an event of default within the loans 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} My Name such as a tenfold increase} in the reserve for replacement payments, in order to ensure the {Debtor} My Name inability to cope with the mortgage payment, the added fees, and the outrageous unknowing/aware additional escrow reserve demands..

When the My Name {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) My Name files chapter 13 More often than not, the Wells Fargos Conspirators know how to prevail due to My Name 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) My Name 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) My Names Attorney and Trustee (Alice Whitten) . Debtors payments were never applied. (Debtor) My Name 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) doesnt reflect 12 months. Therefore My Name end of the year 1098s 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 todetermine 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.

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.

My Name Affirm this is the Truth

Signature_______________________________________

Respond to this Report!