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Wells Fargo

Lynette is looking for an attorney, she is in California. Please post any comments or suggestions at the
CreditCourt Forum

The Main Page

The Buckley Firm
Correspondence with Wells Fargo's attorneys.

Wells Fargo's refusal to provide the amount required  to cure the default and reinstate the loan.

Listing of Files
The scanned receipts, checks, statements

DOC complaint about Wells Fargo
Summary, and the description of the numerous attempts by Lynette and her attorneys to resolve the problem.

Additional regulatory agencies to file complaints with about The Buckley Firm and Wells Fargo.

Key Documents
The CPA's statement
The accounting along with the proof of payment attached

The Buckley Firm's statement
Most payments are omitted

Wells Fargo Tammy Cyphers page 1 - page 2
"...under penalty of perjury ...", MORE lies

Wells Fargo's online statements

Wells Fargo's OWN proof that they lied to the Bankruptcy Court

Baker vs. Trans Union




Wells Fargo and the Buckley Firm conspiring to fraudulently foreclose on Lynette's home.

Updated October 9, 2002

Wells Fargo finally completed the modification, Lynette got her first statement with the payment due in November.

It's been over a year since Well Fargo and their attorneys at the Buckley Firm submitted fraudulent statements to the bankruptcy court, under penalty of perjury.

We are now looking for a California attorney to file suit against Wells Fargo for the tremendous damages they have caused to Lynette and her family.

I became involved when Lynette sent me an e-mail to post at the BayHouse Forum in February 2002:

"Wells Fargo and the Buckley Firm conspiring to fraudulently foreclose ...."

Lynette sent me receipts, statements, cancelled checks and bankruptcy filings and orders.

It was very clear that Wells Fargo was trying to defraud Lynette out of her home:

On 7/23/01 Tammy Cyphers declared under penalty of perjury that she is a Norwest Mortgage, Inc. (acquired by Wells Fargo) employee, and is one of the custodians of the books, records and files pertaining to the debtors.

"To date, Moving Party has not received the payments for the months of March, 2001 through May, 2001 and the June and July, 2001 payments are also due and owing."

Wells Fargo's Tammy Cyphers lied under penalty of perjury
page 1
- page 2

Compare that to the CPA's accounting including proof of payment.

Wells Fargo's OWN statements show payments NOT disclosed on the Buckley Firm  (attorneys handling Wells Fargo's foreclosures in Bankruptcy Court) 8-6-2001 Payment History.

On February 10, I first contacted The Buckley Firm.

They represented Wells Fargo in Bankruptcy Court, and filed the "Declaration of Default in Support of Order Granting Relief From Automatic Stay" with Tammy Cyphers' certification on behalf of Wells Fargo. They were handling the loan until they got the "Relief from Stay" due to their fraudulent statements and the bankruptcy was dismissed.

As I don't have originals, my first fax was to Amie Tancas in the Buckley Firm bankruptcy department

  • to confirm the authenticity of the published materials
  • to request their comments to be added here
  • to request the current payment history
  • and to request the itemized statement for the total amount required to cure the default by 2/28/2002.

The Buckley Firm 2/13/2002 final fax:

    "Dear Ms. Baker:

    I am in receipt of your letter dated February 12, 2002, addressed to myself. I have forwarded the same to Wells Fargo home Mortgage, Inc. ("WFHM") for their review. Please direct all future correspondence regarding this matter to WFHM.



    Vincent S. Lo Bue
    Bankruptcy Department Manager"

No denial.

My entire correspondence with The Buckley Firm

February 14, 2002

Wells Fargo is next, apparently they handle the loan again.

As of Tuesday, 2/19/2002 we have NOT received the itemized statement for the total amount required to cure the default by 2/28/2002.  

  • We have NOT received a single figure.
  • No apology
  • No reinstatement
  • Absolutely NOTHING but either being hung up on when we call or getting the runaround or stupid questions.
  • Kevin Hunt, Wells Fargo Foreclosure Department::

    "WHY hasn't she made her payments?"

I better not say here what I'm thinking.

Lynette has THIS question:

"Why hasn't WF accepted my payments?

Especially after they accepted and credited my August 22, 2001 payment of $3000."

From the Presumptions of the Court:

"When a creditor accepts payment after obtaining an order granting complete relief to foreclose, the creditor is presumed to have agreed not to enforce that order at any time. The creditor should request that I vacate the order and proceed in accordance with the original adequate protection order in the event of a future default."

Today, Winston, in the Well Fargo foreclosure department, refused to transfer me to Kevin Hunt and told me that I have to call their attorney, Lonestar.  I called them again:

"The file is closed."

The chronological documentation of our attempts to communicate with Wells Fargo -- with my fax and e-mail to Peter J. Wissinger, President & Chief Executive Officer, Wells Fargo Home Mortgage, Inc.

March 5, 2002:

I was in San Francisco for a week and Lynette continued sending out complaints and pleas for help.

Finally Mr. Wissinger, CEO, called her and he assigned Michelle to work on the account reconciliation.  Lynette has been very happy with Michelle's efforts, the foreclosure has been put on hold.

Lynette should get the mortgage modification soon - so we thought.

Month after month went by. Lynette had to plead for the modification paperwork, an address to send it to, and then had to mail it several times. Every few weeks we had another crisis.

Michelle turned her over to Brian Forkey.

Then Lynette's girls went to get the mail from the mailbox and brought the solicitations from bankruptcy attorneys, offering to prevent the impending foreclosure. Investors were stopping by, offering to buy Lynette's house to save her the embarrassment of foreclosure.

I sent a fax to Brian Forkey, Lynette sent e-mails, we were ignored.

June 1, 2002

Lynette sent an e-mail to Brian Forkey:

<>,  Cc: <> and  <>

Subject:  RE: Loan 685-5174292PLEASE HELP!!!

"... What is the status of my account now? Has the foreclosure been canceled? Has a sale date been set? ..."

I contacted Lonestar, the foreclosure company, they assured me the file was closed, no sale was scheduled.

Wells Fargo screwed up again, they probably filed another Notice of Default. We don't know what happened, but obviously another "mistake" by Wells Fargo.

There was confusion over who would handle the modification, Brian Forkey or Michelle.

Michelle took over again. I have never seen anything as difficult as that modification.  Tax returns, income statements, pay stubs, hardship letter.

The HOA had filed a lien on the house.  All of a sudden WF was imposing deadlines.  Lynette had to mail documents overnight and the lien was a huge problem. The HOA had returned the payments while Lynette was in bankruptcy, then the management company changed, and just like at Wells Fargo, nobody had no clue what was going on.

Then repo guy showed up to take the van. Americredit has a policy of not sending out statements once you filed for bankruptcy. Lynette continued to make payments, but apparently they were not credited to her account. Since she didn't get statements, she didn't know that.

On 8/12 Michelle sent the modification papers to Lynette, she signed and overnighted them back to Wells Fargo.  

August 28, 2002

Michelle wrote that the modification was processed and the next payment was due in November.

I have no idea how Lynette managed to continue to work and take care of her 5 girls. If anyone ever deserved damages for mental anguish it's Lynette. It's incredible how much Lynette and her family have suffered.

Now that the modification is FINALLY done, we are looking for an attorney to file suit against Wells Fargo.

Please post comments or suggestions at the CreditCourt forum.

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