From May of 2008 at the beginning on the housing bust, I owned the property at 8417 Lake Drive. After failed attempts to sail the property during this time, I begin renting the property and experienced pretty bad results given the inability to find good tenants. I evicted tenants in June of 2009. I requested of Wells Fargo a loan modification and entered a process of several months of filing paper documents, extensive phone calls and a great deal of incompetence given that the bank employees often gave very contradictory information regarding the modification. At one point in January 13, 2010, when I was told that the modification was not approved, I asked the Wells Fargo rep what I need to do to bring the loan current and I was informed to pay $6, 182.05 which I paid to end what had appeared to be six months of charades. I then proceeded to look for another tenant only to find out that Wells Fargo had still placed the loan in foreclosure status and used a portion of the above $6, 000+ to pay internal attorney fees which I had no knowledge of. In efforts to keep the property and honor the mortgage, I entered into an agreement with their attorneys to make exorbitant payments of over $1, 500 per month for a loan that was originally $1, 080 per month just to keep the house from going into foreclosure. I got new tenants in September of 2009 and when they ended their lease after 1 year to move to bigger space, I again sought Wells Fargo to modify the loan. When I begin to get letters offering me an option for a short sale of the property, I decided that this might be the best option. After approval to begin the short sales process in November of 2010 from Wells Fargo Mortgage, on December 6, 2010, I entered a sales contract to sell the home at a cost of $90, 000.

Wells Fargo requested all the financial documents and proceeded with the review of the loan, even though the realtor and I still fought to reverse foreclosure listings of the property during this time. On January 9, 2011, Wells Fargo countered the contract offer for the property at $94, 000 which was accepted by both the buyer and the seller. The buyer went back to his bank and got approval for the increased sales amount and approval, he proceeded to have the home inspected, appraised and move towards closing. After these events the realtor continued to request a closing date from the Loss Mitigation Adjustor so that we could prepare for closing. On February 10, 2011, Wells Fargo came back to the realtor with an offer for me as the seller to assume at $35, 000 note to pay the difference in the price of the home, even though they had agreed to a short sale. I informed them on this date that I was unemployed and unable to assume any new debt. Wells Fargo indicates that the Mortgage insurer, Radian Insurance, would not a forgiveness of the debt and would require the remaining balance. I declined to pay given that I did not have the financial means at the time, although they were basing my ability to pay on a good past credit history of making payments – Ironic in the whole of things. The Wells Adjustor advised that the deal was off. Although my realtor advised me to look at bankruptcy options at the time, I was not certain that I wanted to go this route. After a couple of days, I informed the realtor that I would take the note in spite of inability to pay at present; I would seek to find a way to pay the note when my income resumed. When the realtor represented the offer to the bank 2 days later, they refused to return any calls or emails.

The bank made a counter offer on January 9th given all indications that the proceedings were moving forward only to find out after 3 months of work to save the property and give it to an approved buyer that they would still refuse the offer. I am at a loss; but my guess is that something is wrong here and the bank will justify their reasons for having the federal government bail them out once again with our precious tax dollars. Are there any rights for me as the homeowner in all of this? Next foreclosure date is set for March 2nd, 2011.

Here's an article on how to sue banks:

You should check out Nolo Everybody;'s guide to Small Claims Court
CLAIMS BREECH OF CONTRACT, Abuse of consumer laws against telephone calls
Her is more information:
http://www.associatedcontent.com/article/7773878/homeowners_revenge_on_wells_fargo_small.html?cat=17

Don't waste your time with this branch and Staci Fraser. Even if the bank is very willing to loan you money, she wouldn't be able to process it. I wonder where they get those people, like winners of a contest "worst spelling and communication in the class, the best slacker of the year"... Customers at least deserve to deal with somebody who's able to build grammatically correct sentences, and also finish them.

We applied for a loan pre-approval in the end of September 2010, now it's mid-February 2011 and nothing is done. A few times she told us that it's finished, and she's sending a letter. Never did (probably, not literate enough to write it). Also (probably didn't like our names) she asked us to produce VISAS! Given, the required documentation for residents don't include any "visas" and we have none (GC holders from Canada, never needed visas). She also wouldn't answer her email/phone for over a month every time (her last explanation she wasn't in the office) and is not able to answer questions about the loan and problems about it. I've attached her email signature that looks kind of "facebookish".

Well Wells fargo only calls on sunday 17 times the sunday before last and 17 times i told them to stop calling me on sunday..
Last sunday they called again and agian.
Finlly they called today tuesday and I told them how upset I was abut them calling on sunday she said this is tuesday allready we been trying to set something up..
I give up.. I owe them $200 and $800 on late fees.
Stop calling me on sunday and try during the week.
I have no job so I am home..
I put the kid on the bus at 8 so after that..

I went to branch to complete a wire transfer. Four days later, they still hadn't sent it, hadn't called me, hadn't done anything!