Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge in California has certified a national Class of Wells Fargo mortgage customers who claim the bank denied them mortgage modifications, despite meeting the requirements for the Home Affordable Modification Program (HAMP.)
Numerous plaintiffs filed this class action lawsuit in December 2018, claiming they lost their homes to foreclosure after they were unfairly denied the loan modifications.
They allege that a calculation error by Wells Fargo caused certain fees to be misstated, which resulted in incorrect loan denials.
The judge rejected a proposed subclass of homeowners but decided that the court will look into the value of the equity lost by each homeowner on a nationwide Class basis.
“Losing your home through a foreclosure is one of the most disruptive events that you could experience,” the plaintiffs state in their Wells Fargo class action lawsuit.
The plaintiffs argue that Congress set aside $50 billion in funding for HAMP, which was created to make sure people were able to keep their homes and provide stability to homeowners during dark economic times.
The Wells Fargo class action lawsuit claims that the defendant accepted $6.4 billion in HAMP funding and developed its own tool to calculate the eligibility of the borrowers.
The bank admitted that their tool miscalculated the claims which led to more than 870 borrowers to be denied HAMP money, even though they qualified for the modification program, according to the plaintiffs
The bank also admits that it foreclosed on 545 borrowers who should have been granted HAMP funding.
Plaintiff Alicia Hernandez claims her house was foreclosed, although she should have qualified for a loan modification program under HAMP. She alleges the bank sent her a check for $15,000, which informed her of the bank miscalculation error denying her the loan modification.
The plaintiff claims that the check was accompanied by a letter explaining how Wells Fargo determined the amount of the check and assured her that the amount should “make things right.”
The judge in his order states that other plaintiffs, notably Debora Granja and Sandra Campos, are typical of the proposed Class. The court notes that Granja signed a Fannie Mae/Freddie Mac contract and Campos signed a Federal Housing Administration (FHA) mortgage contract.
The judge notes they were harmed when Wells Fargo did not tell them that they could fix a default on their homes with a HAMP loan modification, and then foreclosed on their homes.
The judge certified the following nationwide Class: “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 decision process; and (iii) whose home Wells Fargo sold in foreclosure.”
The complaint alleges breach of contract, intentional infliction of emotional distress, violation of California’s Homeowners Bill of Rights, and violation of California’s unfair competition law.
Do you have a mortgage through Wells Fargo? Leave a message in the comments section below.
The plaintiffs are represented by Michael L. Schrag, Joshua J. Bloomfield and Linda P. Lam of Gibbs Law Group LLP and Richard M. Paul III, Ashlea G. Schwarz and Laura C. Fellows of Paul LLP.
The Wells Fargo Mortgage Class Action Lawsuit is 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.
UPDATE: On March 19, 2020, a judge rejected Wells Fargo’s effort to stay a class action lawsuit, saying the bank did not notify some borrowers about mortgage modification options.
UPDATE 2: May 2020, the Wells Fargo mortgage class action settlement is now open. Click here to file a claim.
Read More Lawsuit & Settlement News:
‘U-Dream Life’ Sleep-Aid Caused Heart Attack, Class Action Says
LifeLabs Class Action Filed Over Massive Data Breach
Asbestos Mesothelioma May Develop From Limited Exposure, Says BMJ Case Report
Parents Say Baby Suffered Brain Injury at Birth Due to Delayed C-Section
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
88 thoughts onWells Fargo Wrongful Foreclosure Class Action Lawsuit Gets Certified
Please add me to your lawsuit.
I was foreclosed upon by Wells Fargo when they denied my loan refinance for my home in PA. They also sent me 2 letters stating they “suddenly realized” they made a mistake and want to pay me for my troubles. Their check barely touches the problems their decision caused me. Because I had a bank account with them at the time they also just started deducting money from my account without my approval to payoff a credit card account. They took my entire paycheck and left me with no money for food or gas to get to work. I immediately closed my account with them. It was that same day I also had to file bankruptcy b/c of their actions. I’m still recovering from the damage they did. The home I foreclosed on was in PA but I live in NC and had problems with the local office in NC as well. Please add me to your class action lawsuit. WF knows that I am one of those in that small group they caused irreparable damage. I was still under my maiden name of Arrington at the time it happened.
Please add me to this law suit
Please add me! My home was foreclosed by Wells Fargo in 2011. I contacted Wells Fargo multiple times and each time they stayed they never received my modification forms. I was never given any info about government programs to save our family home. We were in a financial hardship at the time. I have never recovered the loss of equity I had. It was a nightmare!
I am from nj .I applied every month for 2 years the plan in nj was a joke went to court every month wells forgo postponed and said file paper work again. In meantime nj had a stay on foreclosure s. Wells Fargo never said anything about the stay. They requested the paperwork and court appearance every month still. Then i go one month and Wells says i did not file the paperwork work. Bang nj stay over house gone.
Contact me, I I applied three times and onces they lost my application in the Hispanic accounts and I am not Hispanic. By the time the found it they told me I had to start all over because the original application was only good for 45 days I believe.
Well Fargo loan
Yes i had a wells fargo home loan and we applied for a loan modification in 11/2016 after 6 months of sending in requested documentation we were finally denied our request to do a short sale because Wells fargo claimed “we never sent in all the necessary paperwork” (which was a complete lie!!) eventually we were forced into filing bankruptcy because we could not sell our home (due to a underwater mortgage that they tricked us into taking out by not even paying out our previous mortgage off) And wells fargo kept giving us fake forclosure auction dates and telling us we would have to pay the difference if the home was sold in foreclosure for less than the loan which we were sure it would be (and lo and behold thats what happend they wanted us to pay $75,000 and Fannie Mae “bought back” the house for only “$45000”,, giving us a deficit). Then when fannie mae tried to sell our home (after they bought (or took from wells fargo) they too were underwater because the house just finally sold in 2019 for only 31,000. I need help wells fargo should have provided us our HAMP in the very beginning– they knew the house would never sell for $75,000 and we finally proved it – ONLY-$31,000 wow!!
We eventually received a modification from Wells Fargo but I questioned that it was done correctly.
Me and my family were foreclosed on and eventually evicted from our homes illegally by Wells Fargo. Wells Fargo obtained a Judgement against us with the use of forged and fraudulent documents. The judges in our case never even reviewed the documents. One of our judges actually had an interest in Wells Fargo, yet was allowed to preside over our case and ruled in favor of Wells Fargo. We have solid proof of fraud, forgery, lies and violation of the NJ Assurance. The NJ Assurance was signed by then Attorney General Paula Dow who is now a Superior Court Judge who presided over our case as well. The NJ Assurance stated that Wells Fargo had between 2010 and 2013 had to modify us out of our loan which was a Wachovia Pick-A-Pay Loan. This loan was considered to be illegal in the state of New Jersey. Instead Wells Fargo chose to forge documents and ended up sending a letter to us with a loan number which was a fake loan number created by Wells Fargo some 5 to 6 years past the modification deadline. We have the proof of this loan number being created by Wells Fargo because in the letter sent to us by wells Fargo, they claim this loan number was the one given to us by Wachovia in 2008. We have actual statements from Wachovia from 2008 that prove the loan number WAS NOT given by Wachovia, but a fake loan number created by Wells Fargo. The judges in our case, once again never reviewed this no matter how many times it was brought to their attention. We need this to made known to the world. Grant me an interview and I will show you the proof. This is how you get to the bottom of the truth. Wells Fargo needs to be held accountable. We don’t have the best attorney on our appeal, but at least the appeal is alive. The only way to get justice is to look at the proof we have that will prove Wells Fargo stole our home and used fraud and forgery to do it, while the courts looked the other way. Wells Fargo attorneys know that the time will come when they will be held accountable for their actions as officers of the court. If there is an investigation held, we have ALL the proof you need that will show Wells Fargo broke the law, and how they got a judgement against us with the use of fraud and forgery throughout our entire court proceedings. Grant me an interview and look at the proof against Wells Fargo.
Please add me to your lawsuit.
I was foreclosed upon by Wells Fargo when they denied my loan refinance for my home in PA. Because I had a bank account with them they also just started deducting money from my account without my approval. They took my entire paycheck and left me with no money for food or gas to get to work. I immediately closed my account with them. It was that same day I also had to file bankruptcy b/c of their actions. I’m still recovering from the damage they did.
We lost our home in foreclosure too! They had said they could help with all these programs but nothing. My husband took a $40K pay cut with his job transfer. We even got tenants to help pay rent, but they said we had an income property. We never made any money. All rent received was put with extra money to pay the mortgage. They suck!