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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.

Diane L. Drain, lawyer, consumer advocate, retired law professor, wife and mother

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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.”

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Diane L. Drain

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

About Diane Drain:

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.

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