Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications

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Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications

Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

DAVID A. HAWKINS, and TRACY J.
HAWKINS, on behalf of themselves
and all others similarly situated,
Plaintiffs

v.

WELLS FARGO BANK, N.A.,
Defendant

Excerpt:

Defendant made Texas home equity loan modifications that did one or
more of the following in violation of the Texas Constitution’s homestead protection
provisions: (1) turned past-due interest into new principal; (2) featured a loan-to-value
ratio to a figure above 80%; and (3) failed to include mandatory disclosures concerning
the protections afforded by the Texas Constitution concerning home equity loans. These
problems are unique to home equity loans, as opposed to original purchase-money
mortgage loans, which are not at issue in this case.

[ipaper docId=67791304 access_key=key-qngqi8undph35k0whfc height=600 width=600 /]

 

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5 Responses to “Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications”

  1. Angie T Long says:

    Could I possibly get help with the following. I’m on social security disability and need someone to take this on a contingency.

    Ref: Residential Property
    xx22 Neptune Dr. Cedar Hill Tx 75104
    Owner: Angie T. Long
    Foreclosed Sept 2010
    Subject: Possible Lawsuit for Wrongful foreclosure by Wells Fargo Mortgage
    I worked with Wells Fargo nearly a year and a half trying to get into Obama programs, short sale, deed in lieu of foreclosure, reduction of mortgage, interest rates, regular sale.
    They reduced my payments for a few months telling me they were working on getting me approved for a special reduction and then denied me then asked for me to repay the difference in one lump sum. They already knew from the onset that I couldn’t do that and that I was selling blood plasma to make ends meet.
    They said even if they lowered my mortgage I wasn’t financially able to afford my mortgage even with proof of a spotless payment record. Yet I’m presently paying rent here in Silver City New Mexico for the same amount of my mortgage in Texas.
    They didn’t keep notes as to my dilemma or the problem but instead sent me boiler plate letters with the same credit solution suggestions.
    I have all their correspondence and mine and other documents in chronological order for review. It is a binders worth of documents. They qualified me to buy this home with a social security disability income. They wouldn’t work with the Dallas County Home Assistance people for whom I owed $10,000.00. They knew this upfront and promised to help me and then denied me assistance.
    Do you think that I could receive some reparation?
    Best Regards,

    Angie T. Long
    xxx W. 7th St. Silver City NM 88061
    575-xxx-0513
    Cell 805-xxx-9827
    Fax 480-xxx-8809
    Email: angielong927 @gmail.com

  2. Marilyn Brannon says:

    This is also another issue I would like to join? How do we do that?

  3. joe mcnealy says:

    I have Wells Fargo too and I’m a veteran..VA trying there best to help and would approve the modification and had the money to pay before it got to this and ask them could we pay and was deny payment because we were in a modification process (what?). I need some help to fight Wells Fargo for my home and get back on track and probably never get there because the loan is so far out there this is a money rackteer politic scheme to get people home even if they’re a veteran. Please help I would love to sue them or figure out a way to keep my home with a lender that understands people are having a hard and rebounding back from this economy and false practices.

  4. Mortgage payments placed into suspense accounts from 2007 to 2012. I requested loss mitigation process, received and provided personal info to support request many times. Finally, I was denied based upon the lender’s preference.

    After a sheriff’s sale of the residential property, I was provided notification to leave and if I didn’t my personal property would be removed. Appears that a tax sale was proposed.

    I was told that the foreclosure was finalized almost a year later. I have no documentation to this effect as I requested details of transaction (s).

    After three years, I am receiving emails about re-financing and lower cost housing.

    Obviously, my credit has been ruined and job prospects are almost null. I would like to sue the bank. The VA may/maybe not getting up to speed (backlogs and inefficiencies). Still, the damages remain (poverty, blight political concerns/zoning and monies unaccounted for).

  5. Kelly Clark says:

    Wels Fargo scammed me out of 3,000 on a Loan Modification scam…Is there any lawsuit I can join?

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