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 is scheduled for Aug. 20, 2020. Class Members who wish to opt out or object to the settlement must do so by mail postmarked by July 2, 2020.
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.”
- 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.
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
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
Hernandez v. Wells Fargo Bank, N.A.
c/o JND Legal Administration
P.O. Box 91350
Seattle, WA 98111
GIBBS LAW GROUP LLP
Amanda L. Groves
Kobi K. Brinson
Stacie C. Knight
WINSTON & STRAWN
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.