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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
WELLS FARGO LOAN SETTLEMENT UPDATE 4:
- The Court granted final approval to this class action settlement Jan. 6, 2022.
- Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 3:
- The deadline for the Supplemental Class to file claims is Oct. 25, 2021.
UPDATE 2:
- A judge has granted early approval to a supplemental settlement between Wells Fargo home loan borrowers and the bank.
- The supplemental settlement provides an extra $22 million to compensate additional mortgage customers who lost their homes when the bank wrongly denied them loan modifications.
- This follows an initial $18.5 million deal struck with initial claimants.
UPDATE:
- The Wells Fargo Home Loan Class Action Settlement was granted final approval on Oct. 12, 2020.
- Keep checking back for updates and let us know when you receive a check in the comments section below or on our Facebook page.
Wells Fargo home loan customers who lost their homes may be able to benefit from an $18.5 million settlement that, if approved by the court, will end a class action lawsuit alleging bank errors led to mortgage holders losing their homes to foreclosure.
Those with a Wells Fargo loan may be able to benefit from the settlement if, between 2010 and 2018 they met the following criteria:
- Qualified for a government-sponsored loan modification or repayment plan through Fannie Mae or Freddie Mac, the Federal Housing Administration, or the Home Affordable Modification Program;
- Were not offered a home loan modification or repayment plan because Wells Fargo assessed excessive attorneys’ fees;
- As a result, their home was sold by Wells Fargo in foreclosure.
The Wells Fargo home loan class action lawsuit was filed in 2018 by a woman who says that her application for a mortgage modification was wrongly denied by the bank and, as a result, her home was sold in foreclosure.
The plaintiff accused the bank of taking money from a government program and failing to pass that benefit on to Wells Fargo loan holders as required by the terms of that program.
The class action lawsuit contended that the government programs were initiated to help keep mortgage holders in their homes despite suffering a disruptive event, like a job loss or medical expenses. The programs offered by the federal government help keep people in their homes by reducing their mortgage payment.
According to the complaint, Wells Fargo came up with its own tool to calculate whether those asking for a loan or repayment modification under several government programs qualified. The tool was faulty, claimed the class action lawsuit, and was developed despite a correct tool offered by the federal government.
The Wells Fargo loan class action lawsuit claimed that the bank incorrectly foreclosed on more than 500 Wells Fargo home loan owners.
The Wells Fargo class action lawsuit pointed out that the bank admitted the tool was flawed and had denied mortgage modification and repayment applications in error.
The plaintiff allegedly received a check from the bank for $15,000 to “make things right” after losing her home to one of these errors.
The plaintiff said that Wells Fargo’s actions were not sufficient to address the harm caused to hundreds of homeowners who lost their residences to the alleged errors.
In 2020, Wells Fargo asked the court to pause the class action lawsuit, but lost its bid for a stay. The judge determined that the bank failed to show that the plaintiff had not established causation and damages.
In addition, the judge did not agree with Wells Fargo’s argument that it would suffer significant financial injury if the class action were allowed to proceed.
Ultimately, Wells Fargo denied the class action lawsuit’s allegations, but agreed to pay $18.5 million to settle the dispute.
Under the terms of the settlement agreement, Class Members will be automatically entered into the settlement and receive a share of $13.575 million.
Each Class Member’s award will be based on the unpaid balance of their mortgage at the time of Wells Fargo’s alleged error, whether they were delinquent on their loan for more than six months at the time, and the amount of the check previously sent to the Class Member when Wells Fargo admitted its error.
In addition, Class Members can make a claim based on severe emotional distress they suffered as a result of losing their home to foreclosure. Class Members who can demonstrate they suffered severe emotional distress will share $1 million of the settlement fund.
Class Members who wish to make a claim based on the severe emotional distress they suffered can submit a claim form by mail or online. Claims must be submitted by July 2, 2020.
The final hearing in the Wells Fargo home loan class action settlement was scheduled for Aug. 20, 2020. Class Members who wish to opt out or object to the settlement must have done so by mail, postmarked by July 2, 2020.
The claim deadline for the Supplemental Class is Oct. 25, 2021.
Who’s Eligible
Class Members include “All persons in the United States who between 2010 and 2018 (i) qualified for a home loan modification or repayment plan pursuant to the requirements of government-sponsored enterprises (such as Fannie Mae and Freddie Mac), the Federal Housing Administration (FHA), the U.S. Department of Treasury’s Home Affordable Modification Program (HAMP); (ii) were not offered a home loan modification or repayment plan by Wells Fargo due to excessive attorney’s fees being included in the loan modification decisioning process; and (iii) whose home Wells Fargo sold in foreclosure.”
Potential Award
Varies.
- Class Members will automatically receive a share of a $13.575 million settlement fund based on “(1) the amount of your unpaid balance at the time of the error; (2) whether you were delinquent on your loan for six months or more at the time of the error; and (3) how much Wells Fargo previously sent you.”
- Class Members can also make a claim for severe emotional distress they suffered as a result of the foreclosure. These claims will be evaluated by an attorney appointed by the court.
Proof of Purchase
Class Members will be automatically entered into the settlement. Class Members who wish to make a claim for severe emotional distress must submit a claim form describing the distress they suffered along with any related professional care they received.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
7/2/2020
Supplemental Class claim deadline: 10/25/2021
Case Name
Hernandez, et al. v. Wells Fargo Bank NA, et al., Case No. 3:18-cv-07354, in the U.S. District Court for the Northern District of California
Final Hearing
10/07/2020 UPDATED
Settlement Website
Claims Administrator
Hernandez v. Wells Fargo Bank, N.A.
c/o JND Legal Administration
P.O. Box 91350
Seattle, WA 98111
info@HomeLoanModificationSettlement.com
1-877-545-0236
Class Counsel
Michael Schrag
GIBBS LAW GROUP LLP
Richard Paul
PAUL LLP
Defense Counsel
Amanda L. Groves
Kobi K. Brinson
Stacie C. Knight
WINSTON & STRAWN
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101 thoughts onWells Fargo Home Loan Class Action Settlement
I need to speak to a attorney regarding Wells Fargo mortgage from 2007 I have been reaching out to Wells Fargo for many years to no avail I know I was wrongful removed from my home within 10 months after putting down 60,000.
Same here wonder how we can still file a claim foreclosed 2010. Wells Fargo refused short sales as well.
Maybe I’m way too late but I’ve only heard of this just recently. My home too was foreclosed in 2011 with Wells Fargo. I also tried to get a loan modification and they either never answered or returned my call from leaving messages How can we find out if we’re part of the settlement.
Wells Fargo are crooks! My ex husband had become disables and could no longer work. I applied for modification, took forever as they would always say never received packet have to resend. Ended up having a foreclosure notification attached to my front door with a sale date. I called every day, left messages for supervisor and faxed the same packet a million times. Finally hooked up with a specialist who was actually helping me. She was able to approve it the week before it was going up for sale. Was making my revised monthly payments as agreed. Then I lost my job. Filed for another modification months later but still making my payments, was just trying to get my payment reduced. I asked numerous times about the principal reduction plan, but no one seemed to know what I was talking about so I just kept working on the second modification. Same crap, never received, can’t find, need to refax. But I kept making my payments. Dec 23, 2010 called to make my payment only to be told they couldn’t accept it because it was going up for sale Dec 27 8am. I called on a Friday, Christmas was on Sunday, Federal holiday on Monday and sale on Tues. No one was around until Tues morning and told there was nothing I could do. I was never informed, no foreclosure notice on my door with the sale date, NOTHING! Worst experience of my life, I carry this with me to this day. I lost everything and became homeless and have never received a word from them about any settlement.
While trying to complete a loan modification I found myself in need of assistance. I suffer from epilepsy and under title lll of the ADA it is my right and there responsibility to accommodate. I lost everything, not cause I couldn’t afford it. Cause I’m disabled.
WF claimed that I was in arrears by $68,000. In actuality I paid every penny of amount in dispute. I complained to maryland AG office whom I supplied with receipts, cancelled checks & bank statements recording the disputed payments. The AG office wrote to WF who denied that any payments had been made. The AG office wrote back that they could do nothing because WF was the sole & final arbiter in the case of disputed payments. Conclusion: in the opinion of the AG’s office I owed the $68,000 to WF because my printed receipts. & cancelled checks had been denied as adequate proof by WF.
Hi Arnold, it’s a true fox guarding the henhouse situation. The best analogy I can make is to the fall of Kabul in 2021 when the Taliban took over Afghanistant.
Innocent people trying to escape the Taliban and fly out were denied entering the Kabul Airport if they weren’t on the TALIBAN supplied approved list.
I KNOW I was supposed to be included in this big class action and I should have received around 69k-76k in total. (I put down all my cash for home loan and should have still had a lot of equity)
But GIBBS LAW GROUP LLP didn’t show any interest when I explained to them that my name should have been included.
I had even been working with my local congressman back in 2010 when Wells Fargo turned down my mortgage refinancing.
But WF pretends none of this ever happened.
Complete nightmare.
It appears the ONLY thing any of us can do is just move on.
I don’t have the nerve to compare this to the NAZls BUT WF did steal everything from many people.
And it’s impossible to get justice unless you randomly were included in any of the successful suits.
I have had numerous issues with Wells Fargo
A hired an attorney
A government loan modification was approved.. My attorney sent in all documents required.. I did the 3 mon trail period then reg monthly payment. I received a call from the home preservation department, Andrew Gustafson, told me that one of the pages out of the document was dated incorrectly. I called my attorney to let them know what was told to me and I sent the form with the correct date back in in a prepaid envelope that Wells Fargo sent to me and have tracking proof that it was received. I received no follow-up calls from Andrew Gustafson that he received it I had left a voicemails for him.
I sent complaint to the chief executive office of complaints they did investigation and now they’re trying to dig their selfs out of this modification loan.. saying that the Lost document that they did not receive they now have found in their system but now they’re saying they don’t have all of the documents which they did receive from my attorney in the very beginning of this process. I contacted my attorney today and explain to him the letter I received and he is going to call them . WellsFargo has put my modification in default.
I will know more later today from my attorney
I was totally screwed , filed a complaint, filed with the CFPB , loan was purchase from World Savings labor , Modificaton was never granted , home value dropped 30%. Wells agreed to reduce loan balance and never did . Sent documents after documents and Wells lost them .
1. People, stop writing “add me” You need to contact the settlement fund directly.
2. MANY people, including myself, who SHOULD be included on the settlement list are MISSING from it. Wells Fargo is the one in CHARGE of listing who is included! This is akin to the Taliban saying who is free to leave Kabul! Neither one can be trusted.
3. It appears only 1200 former homeowners are included in this settlement. From my calculations it should be over 15,900!
4. I’m disabled and have covid long haul since 7/2020.
I was depending on this settlement since I KNOW I fit the criteria.
5. Time to go do any OnlyFans because that’s more reliable than this BS!
Hugs to everyone who has gone through unfair hell with WF.
I think this is ridiculous because I know I should have been included in this and Wells Fargo needs to be held accountable for withholding the information and preventing people from knowing about these settlements. I got one that wasn’t a whole lot in 2019 but was never informed and my check was sent to my ex husbands address. I wish this law firm would hold them accountable for not including the people who should be/ not informing them properly.
The law firm just cares about getting paid. As I wrote a few months ago, I TOO know that I should be included in this settlement. I guarantee that MANY others besides you and me should have received part of the settlement. When I called the law firm, they were very blase and didn’t express any interest in my situation.