Part of this summary was recently sent to the Comptroller of the Currency that has oversight of the operations of national banks and I added some additional parts. They have opened a case for my file on Wells Fargo:
Per your letter dated April 23, 2010 (please find attached copy), I thought I should forward the balance of my correspondences with Wells Fargo Bank (Wells Fargo Home Mortgage) to establish the record and what happened on my account (I had previously sent the Constructive Legal Notice of Lawful Debt Validation Demand). I will try to keep the summary brief and point out specific documents in the attached. In January of 2009, I contacted Wells Fargo Home Mortgage to send me information to apply for a modification of my loan.
I was promised that they would send me an application and information in the mail. I never received the information. I contacted them a minimum of 4 times by phone over the next ensuing 3 months to get the information. I finally received the application & instructions from Wells Fargo Home Mortgage in April and put together the information that they had requested and submitted by fax on April 23rd to their Loss Mitigation Department (I have attached all supporting documentation in chronological order). I sent them a hardship letter explaining how my wife was diagnosed with cancer, sick for many months in 2008 and died on August 1st.
I was her primary care giver as we had no insurance and was not able to work during that time (her care was 24/7). I also indicated I was current on my mortgage, had never missed a payment, but was trying to be proactive to get a modification before savings were depleted. In the meantime the economy continued to deteriorate and many of the companies and financial institutions I had been working with in my company went out of business.
I contacted Wells Fargo again after several weeks (around the 1oth of May) to be informed that they couldn’t find my information and to send again. Again, I spoke with Carla and sent specifically what she asked for on May 15th and waited several weeks. I called and they said that they needed other information and what Carla had asked for was not adequate and sent me a letter on June 18th.
I responded to that request on the 24th of June by fax and then started calling every day to see if they received the information and if they needed anything else. They couldn’t find the information, so I faxed again the information on the 26th of June and put my high level of frustration in the cover sheet to the fax that it appeared Wells Fargo didn’t want to work with or assist their customers in any loss mitigation or modification.
I got a letter on the 30th of June denying the application because I didn’t submit what they requested even though I had sent everything they asked for. They said I hadn’t put the loan number at the top and bottom of the page and signed and dated each page even though I had signed the letter (this was the first time I had been instructed to do that). So again, I signed the bottom of page one of the letter and put the account number at the top and bottom of the page and resubmitted on July 8th. Finally on July 10th, they let me know that they received my request for assistance.
On July 17th, I was denied a modification or help with my mortgage because of inadequate income. I spoke (I believe it was with Carla again) and she said actually they didn’t help any customers at all. The most they ever did was possibly put some of the interest on the “Loan” at the end of the term of the mortgage and those were very few. I was pretty upset and wondered at the time why they even had a “Loss Mitigation” department and why Congress was sending billions of dollars to banks to help customers and they still couldn’t help anyone.
In this process and during this time, I asked one of the reps at Wells Fargo Home Mortgage who actually held my note as they were merely the servicer and he said he really wasn’t supposed to give out that information. He finally told me that it looked like it was Credit Suisse that they were collecting for.
After this fiasco of 6 months of submitting information over and over again, I started researching mortgages, loan modifications, etc. and found my experience to not be unique. Millions of people were having similar experiences and came to the conclusion that Wells Fargo and other national banks/large banks make more money foreclosing on properties and getting them back to resell than they do working with existing home owners to keep them in the houses.
There is presently not an allowance to reduce the principal balance to the existing home owner to reflect present market value but yet they are willing to allow a short sale to an independent 3rd party buyer at a lower amount. It is criminal. After researching how the Federal Reserve operates, the securitization of loans, separating the note from the Deed of Trust and how banks actually don’t loan money, but that the money is created at the time of the loan with the borrowers signature, I sent Wells Fargo a letter on September 29th asking specific questions and wanting additional documentation.
I wanted them to verify they were in fact holder in due course and to validate the debt. I sent this through a notary and by registered mail. At the time I sent this letter, I was fully paid up on the original mortgage but was concerned that I had actually been defrauded in the process, that federal guidelines had been breached and under RESPA/TILA/Fair Debt Collection Practices Act, I could send and expect answers to my questions. They finally responded October 29th, 2009 with a letter asking for my patience and that I could “expect our response as soon as the necessary loan information has been thoroughly reviewed”.
There was never any further response from the September 29th letter. I hired a forensic mortgage audit firm to investigate my mortgage documents further and found numerous problems and breaches of Federal Law in the documentation and sent out an additional letter on November 29th, 2009 by registered mail. No response to that letter. We then sent an additional letter of December 29th, 2009 to the CEO and President of Wells Fargo on December 29th asking again specific questions and notifying him of non response to the previous letter by Wells Fargo Home Mortgage.
I received a letter dated January 19th, 2010 asking for my patience and the issues raised were still under review. They didn’t provide one answer to any of the questions raised or provide any of the information requested in any of the 3 letters sent. Not even an invoice for the final payoff amount of the “Loan” that I requested in the September 29, 2009 letter. On January 21st, I received a letter notifying me that the loan file had been forwarded to their attorney for foreclosure and on first part of February, I received a Notice of Default.
No questions ever answered which I have the right to have answered under TILA and RESPA-not even an attempt at one question or document to show validation of debt to any of the questions and concerns I had regarding the “loan”. The Notice of Default Declaration was signed under the penalty of perjury by John Kennerty, VP of Loan Documentation for Wells Fargo and doing some research on Mr. Kennerty, found out that he is also Assistant Secretary of MERS, VP of Communications for B of A, Countrywide and Wells Fargo.
I have no idea who this man is and is certifying and placing public records in the county recorders office and there is no establishment of his relationship with Wells Fargo Home Mortgage or Wells Fargo Bank, N.A. I also received the Substitution of Trustee notice the first of April and Page 2 was completely blank of the multiple copies I received. I went to the county recorders office to get the copy showing all the transfers on Page 2.
I am considering forwarding a copy of all of this documentation and letter to both senators and US Congressmen for California. I appreciate your response to my initial letter that I sent with the Constructive Legal Notice since all my other attempts to get answers to my questions have been completely ignored by Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage. I am but one person, but I believe that I represent the experience millions of other people are having with banks and their unwillingness to offer any assistance or relief to home owners after being given trillions of dollars of bail outs. There is a growing anger in the population of seeing billions of tax payer money being paid out to Goldman Sachs, B of A and other large national banks, then seeing billions paid out in bonuses to the people that created the problem and now 10 Million people losing homes and jobs without assistance from the banks receiving the money.
Recently Goldman Sachs and Wells Fargo had record net profits ($3.8 Billion and $2.6 Billion respectively for the quarter!!) Why do the banks even exist? How is it possible they are showing record profits with massive foreclosures? It is because they never loaned money. Banks continue to roll over homeowners, destroying lives and I believe most are not following even federal guidelines (TILA, RESPA, Fair Debt Collection Practices Act, Civil Rights, Rico), process and in most instances are not even the holder in due course if there ever was a loan. From my research and reading of the Federal Reserves Money Mechanics, the banks were already paid in full, deposited the original note I signed and then issued a check against that note. Only a bookeeping entry on the bank's part-NO MONEY WAS EVER LOANED BY THE BANK!! SHOW ME THE ACCOUNTING! SHOW ME THE ORIGINAL NOTE I SIGNED!!
I have court case history and the Federal Reserve's own publication to show that the bank does not loan depositor's money or put their own credit at risk. The great divide-one part of our society creates money out of thin air and the rest of the population pays back the "loans" that cost the banks nothing with "slave labor". Slavery was abolished years ago but have still have it today! I and the American people will not be denied. Equity, truth, justice and transparency will come to the banking industry. I cannot and will not be silent.
I am hoping and praying that you will thoroughly investigate my file as I have documented this pretty thoroughly and take the appropriate oversight actions that you have the authority to do.