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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.
Sincerely,
THE BUCKLEY FIRM
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:
<brian.forkey@mortgage.wellsfargo.com>,
Cc: <Michelle.F.Roberts@mortgage.wellsfargo.com>
and <pete.wissinger@nmb.norwest.com>
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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