Judge says Wells Fargo prepared documents with “fraudulent purpose” of inducing borrower to make the payments and with option to later “stiff” borrower.

“Heads I win, tails you lose” is a fraudulent coin toss. Wells Fargo did no better.”

HAMP Trial Period Plans – Wells Fargo’s Fraudulent Coin Toss, Published by the National Consumer Bankruptcy Rights Center – August 9, 2013

Wells Fargo

Wells Fargo ordered to play fair

Wells Fargo ordered to play fair with borrowers.  Ninth Circuit Court of Appeals held in Corvello v. Wells Fargo Bank, N.A., No. 11-16234, that Wells Fargo was contractually obligated under the terms of a HAMP trial period plan (TPP) to offer permanent modifications to borrowers who complied with the TPP by submitting accurate documentation and making trial payments.  Such an interpretation of the TPP, the Court stated, “avoids the injustice that would result were Wells Fargo’s position accepted and Wells Fargo allowed to keep borrowers’ trial payments without fulfilling any obligations in return.  The TPP does not contemplate such an unfair result.”

Wells Fargo ordered to play fair – must comply with HAMP and fulfull obligations to homeowners.

More scathing was Judge Noonan’s concurrence in which he stated that: “No purpose was served by the document Wells Fargo prepared except the fraudulent purpose of inducing Corvello to make the payments while the bank retained the option of modifying the loan or stiffing him. “Heads I win, tails you lose” is a fraudulent coin toss. Wells Fargo did no better.”

The Court rejected arguments that Wells Fargo’s failure to return a signed copy of the TPP to the borrower precluded liability.  For purposes of the decision, the Court assumed that the borrowers fulfilled all of their obligations under the TPP, as alleged.   The Court noted, however, that Wells Fargo could still raise factual disputes during the litigation.

Click here for copy of order….

Diane L. Drain, bankruptcy attorney, retired law professor, mentor and community spokesperson.

We have several videos on our web site.

Below are a few that might be of interest:

  • “Lender’s Foreclosure Rights in Arizona”
  • “Should I keep my home or let it go into foreclosure?”
  • “Meet Ms. Drain and Suggestions on How to Hire an Attorney”

 

 

 

 

 

 

 

 

 

 

CLICK TO OUR WEBSITE

MUSINGS BY DIANE: “Mortgage companies, payday lenders, auto lenders and banks have decided that we are all deep pockets.  They seem to hatch schemes to take the hard earned money from anyone they can.  Those who are suspicious of the large institutions behavior are seen by those around them as “paranoid”.  Remember if someone is out to get you (or your money) you are not paranoid.  Never trust those who have financial incentive to mislead you.  Do your homework first.  Check them out on the Internet (great and powerful tool for everyone – con artists too).

You worked hard for your money, make it work for you, not for others.”

491 words|2.6 min read|Categories: Consumer Issues, Loan Modification, Trustee Sales|By |Published On: August 18th, 2013|Last Updated: May 29th, 2022|

Share this article

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Google Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Yelp Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Avvo Reviews
Avvo - Rate your Lawyer. Get Free Legal Advice.
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Alignable Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Better Business Bureau
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Google Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Yelp Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Avvo Reviews
Avvo - Rate your Lawyer. Get Free Legal Advice.
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Alignable Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Better Business Bureau

In Case You Missed It

  • All Attorneys Must Return Client Calls, Even Flat-Fee Attorneys In a recent bankruptcy case, In re: Dennis Molnar, 19-bk-09525, 2024 WL 190919 (Jan. 17, 2024 N.D, Ill.), a court highlighted a [...]

  • Published On: January 3, 2024

    Understanding Why Some Bankruptcy Cases Get Dismissed or Discharge Revoked for Bad Faith Bankruptcy is meant to offer individuals and businesses a chance at a fresh start by alleviating financial burdens. However, [...]

  • If Keeping Your Home is Important, Know Rules of Bankruptcy  Experiencing bankruptcy brings both challenges and uncertainties Facing bankruptcy can be a challenging and uncertain time. One of the most [...]

  • The article titled "Dangers of Using Public Wi-Fi Networks" posted on Galloptech Group's blog offers a comprehensive and insightful exploration of the risks associated with using public Wi-Fi networks. Here's an outline of what makes [...]