Damages after modification ?

27 Aug

In one of my cases where we are seeking punitive damages against Wells Fargo my client has a modification but Wells filed all the foreclosure documents by MERS here is the problem MERS was never on any of the original documents. Therefore all the documents are false documents. so even though we have the modification and the foreclosure is rescinded. What are the damages 1. Mental distress 2 punitive 3. attorney fees 4. 50,000 under Homeowner Bill of rights civil code 2924.17. Anything else? 6a00d83451b7a769e201676871ac87970b-320wi I had occasion to create a list of times where Wells Fargo has been in the news for behavior that the Courts described as “clandestine” or “illegal” or “arrogant” or “shameful” or “shocking.” It seems that even $3 million verdicts or orders against Wells Fargo are just a cost of doing business. It apparently remains in their interest to pursue illegal foreclosures, luring homeowners into default, and misusing information that they never should have had in the first place because they were neither owner nor servicer of the loan.

Most of these are articles posted by livinglies when the judge’s order was received. I’d like to see more. And remember, if you have settled with Wells Fargo under seal of confidentiality, make sure you are not violating the terms of your settlement agreement before you send us anything here.

I invite people to send additional records of where a Court has ruled against Wells Fargo for misbehavior concerning loan origination, collections, enforcement, modification and foreclosure. Send your entries to mccandlesslaw@gmail.com. In the subject matter line please write “Wells Fargo Order.”

Here is my list so far:

Wells Fargo Skewered by Federal Judge For Forgery as a Pattern of Conduct

Wells Fargo Punitive Damages Affirmed in Lousiana: $3.1 Million

· Wells Fargo Is Sanctioned For Role in Mortgage…

http://www.wsj.com/articles/SB120952684628255551

Apr 29, 2008 · A judge has penalized Wells Fargo & Co., … imposing a $250,000 sanction against it. … a Massachusetts federal bankruptcy judge, …

Wisconsin BKR Judge Orders Wells Fargo to Disgorge Payments It Received

Fonteno v. Wells Fargo Bank, N.A. California Foreclosure Sale Reversed

Wells Fargo Manual Serves as Basis for Deeper Discovery

Judge Zloch Deals Blow to Wells Fargo and Ocwen on Trial by Jury

Quite a Stew: Wells Fargo Pressure Cooker for Sales and Fabricated Documents

Damages Rising: Wrongful Foreclosure Costs Wells Fargo $3.2 Million

The Rush to Foreclosure: Wells Fargo Loses the Argument on Trial Modifications

Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances

Wells Fargo Attempting to “offer” Modifications But Refusing to Put it in Writing

Federal Bankruptcy Judge Explains Wells Fargo Servicer Advances

Federal Judge Slams Wells Fargo for Violation of Debt Collector’s Act in Florida

Wells Fargo: Insured Mortgages Still Being Foreclosed After Death Benefit is Paid to Bank

LAWYER BONANZA!: Wells Fargo Foreclosing on Homeowner Who Made all Payments and Paid Extra

Wells Fargo Wrongful Foreclosure Kills Elderly Homeowner?

FDCPA Strikes Again: West Virginia Slams Wells Fargo

Fagan: Defeats Wells Fargo on Judicial Notice

Wells Fargo Sued For Intentionally Underwriting and Submitting Bad Mortgages on Insurance Claims

Wells Fargo to Pay up to $50,000 per person in bias case against blacks, Hispanics

Wells Fargo Compounds Misbehavior with Retaliation

Lawyers Take Note: Wells Fargo Slammed With $3.1 Million Punitive Damages on One Wrongful Foreclosure

Fed Orders Ally, BOA, Citi, JPM, Wells Fargo to Pay $766.5 Million in Sanctions

NEVADA ATTORNEY GENERAL (Catherine Cortez Masto) TO FILE CRIMINAL CHARGES AGAINST WELLS FARGO FOR FORGERY

FEDERAL RESERVE FINES Wells Fargo $85,000,000.00 for Falsifying Information on Loan App

HAMP: Treasury Department Penalizes Bank of America, JPMorgan Chase and Wells Fargo on Sham Modifications

Tier 2 Yield Spread Premium Confirmed: Wells Fargo to Pay $11 Million to Investors

Wells Fargo Loses Bid to Dismiss Mod-Fraud Claims

ILLINOIS CLASS ACTION VS. WELLS FARGO FAILING TO PROCESS HAMP MODIFICATIONS

Wells Fargo Admits Errors in 55,000 cases: Tries to Minimize Impact

Intricate Cloaks for Securitized Transaction – Wells Fargo and Thornburg

NY JUDGE AWARDS $155,092.00 TO Pro Se HOMEOWNER for Wells Fargo Trespass

After 8 Lawyers turned Her Down — Jury Awards $1.25 million to Borrower In Suit Against Wells Fargo

WELLS WHISTLEBLOWER REVEALS BLACK HOLE FOR DOCUMENTS AND PROCEDURES

 

OCC Finds 6 Banks Have Not Complied With Consent Orders

 

Fannie and Freddie Slammed by Massachusetts AG

 

MASS SUPREME COURT CLARIFIES: YOU CAN’T SELL WHAT YOU DON’T OWN — MISSING HOMEOWNER WINS CASE WITHOUT KNOWING IT

 =============================

From Wall Street Journal:

Wells Fargo Is Sanctioned For Role in Mortgage Woes

By Amir Efrati

Updated April 30, 2008 12:01 a.m. ET

Several federal bankruptcy judges recently have lambasted mortgage companies for their treatment of consumers at risk of losing their homes. But industry players in the below-the-radar role of “trustee” in the mortgage chain — typically big financial institutions — have mostly gone unscathed.

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