I am bringing a civil lawsuit against Wells Fargo--defending myself-- and here is how I intend to sue.

I have sent a letter of demand to Wells Fargo Presidential Office stating that I am suing them on these issues.

Breech of Promise---They promised to handle My HAMP file and give me a speedy answer within a reasonable time Period.
It took them 4 months to say " No you are not eligible to be considered for the HAMP program.

I never even reached the trial stage. It is an answer which should have been immediately
issued upon taking the case file prelim information. Or 30 days after initial review.
My file wnet through numerous hands and two different loss mitigation units--Dallas and Phoenix---where I discussed the issue of my home and mailnig address. Many times I was questioned about it but no one gave me any indication they would reject my file based on two addresses. They were well aware of it and knew that it would probally raise a red flag but no one advised me to justify my address. Surely they would have commented on it had they not been collecting my monthly payments and convincing me to stay in the HAmp program/

Inducement--- Wellls Fargo induced me to file the paperwork when they could see immediately i would be rejected. They used it as a way to stall and coach payments from me..
I t follows a pattern well documented by many other homeowners in the program
It is the basis of a class action lawsuit out of New York City against ACS a division of Wells Fargo.


Intent to mislead, negligence, and not a sound mortgage servicing arrangment via HR

Because I was never late on a payment EVER ----------------------they held onto the file for 4 months or more while I badgered them with phone calls and then told me I was not eligible to enter the trial program because they considered this a second home. ( It is not---my personal mail just goes to my sister's house as we have no mail delivery here.) I pay all my bills online.
This is such an obvious fsct it would have been addressed before I even filled out the application and so obviously they wanted to just stall and appear as if they are adhering to the HAMP guidelines.

Violation of the " Do Not Call Act" and consumer protection Act against harrassment phone calls.
I was not a deliquent borrower---They were not attempting to collect a payment.
I asked them to stop the collection calls and they put a " do not contact" note on my file. I did not say don't contact me, I requested that they stop harrassing me with nonsensical and upsetting robo calls. I explained there were no grounds to call me asking for payment as they received their payment every month via direct deposit.
I asked only that they call me with legitimate requests regarding the loan modification application.
Many times I told the customer service agents to put in notes and when I called back the next day there were no notes on my file. I told them exactly what I wanted to state in my file and the reps ignored or twisted the message even as I quoted to them directly what I wanted them to type into the notes.

I am also suing them for violation of consumer protection laws as they peppered me with collection calls--- I was never ever late with a payment and I was only exercising my right to ask to be considered for the HAMP program. Yet I was treated and harrassed as a debtor even when I notified them to stop the calls repeatedly.
Because my file is under review does not given them permission to make harrassment calls to
myself and my immediate family.

Also they called numbers they did not have permisison to call.
A loan processor admitted to me that she was calling on a number buried in my file that she did not have permission to call.
It was my sister's house and I was very embarrassed that my relatives think I was in deot and getting collection calls.

At one point I turned off my own phone to stop the collection calls or RObo Calls from Wells Fargo

The HR 5679 Act in 2008 was intended and it is written in the HAMP program that consumers get an immediate answer and relief if possible ---that was thewhole intent of the bail out and legislation that consumers do not end up in neverland for 4 months waiting a bank response.
Sound mortgage servicing dictates that a customer is not deliberately misled or stalled in their efforts to seek loan remodification.

A class action lawsuit has begun against a division of Wells Fargo and attorneys very familiar