I began our loan modification process with Wachovia back in Oct. 2009 and to date we still haven't been able to finalize it. I find it absolutely stomach churning that every single god given financial documentation was provided to them (within 24 to 48 hours after Wachovia's request), and they still managed to delay the review process by claiming that the fax was never rec'd, the date was missing, the name was misspelt, Snoopy ate the mailbox, and Garfield, the cat, jumped on the stack of papers and his lice/fleas ate the documents!...seriously, my 5 year old son has better (and thankfully less) excuses then the Reps at Wachovia.
Well, I don't know about you guys, but quite frankly, I've had enough. Wachovia shouldn't have accepted the bailout money from the gov't (which is really our hard earned tax dollars) if they had no intentions on bailing out anyone other than themselves! I've sued Wachovia in the past (before they acquired World Savings Bank) for extending a prepayment penalty fee and I had the entire matter resolved within 1 week...and mind you, I am not an attorney, never went to law school, and I sued completely on my own. Now, that being said, I took some of my own steps yet again for the 2nd time in hopes of getting what I was promised when we initially went through the phone interview: (1) 2% fixed interest rate; (2) lower monthly payment that included my escrows; (3) keeping my home (especially since we put 20% down payment on the purchase price back in 2005). I am keeping my fingers crossed that I will succeed for the 2nd time but it's never a guarantee!
I think that if we all ban together (picture the Boston Tea Party) and everyone writes or files a complaint to the addresses listed below, then they will have no other choice but to listen and comply. My filed complaint alone is completely useless unless it's backed up by everyone else who is experiencing the same difficulties. Below you will find the steps in filing a lawsuit and complaint in your own County, but please keep in mind that all we can do is try our best and hope it'll work:
1. gather all docs and any fax/mail/email/fed ex confirmations sent to Wachovia;
2. organize in accordance to date, all phone calls made to Wachovia, whom you spoke with, and the topic covered during that conversation;
3. go to your County's website or google "how to file a complaint in _____ County". Once at the website, you can download the forms you need to complete in order to file a lawsuit. Be watchful of the Complaint you submit to Court, because there may be 2 different lawsuit forms: (1) small claims (typically used if you are suing for less than $6, 000); and (2) civil complaint.
4. If you do not have access to the web or your county does not provide this online, you can visit your county clerk and ask for the forms directly.
5. in addition to filing your own lawsuit, file a complaint online with the Department of Banking and Insurance and also with Thrift Supervisory.
6. Lastly, once you have a copy of your filed lawsuit at hand, along with all the other online complaints you filed, feel free to drop a few lines to the following people at Wachovia:
Wachovia Corporation
Legal Division
NC0630
One Wachovia Center
301 South College Street
Charlotte, NC 28288
(704) 374-6611
Board of Directors
Wells Fargo & Company
P.O. Box 63750
San Francisco, CA 94163
email:
[email protected]
Wells Fargo & Company
2711 Centerville Road
Suite 400
Wilmington, Delaware
Attn: Mr. Mark C. Oman
Good luck to all and if you have any questions feel free to drop me a line at
[email protected]. Just remember, I am a regular schmoe like everyone else, sharing my experience that worked for me back in 2008 and hopefully again in 2010! Therefore, I can not give any legal advice, since I am not an attorney and hold no office in that capacity either.