Wednesday, May 23, 2012

WELLS FARGO


"The engine is smoking like a chimney," Norman Rousseau told his wife after working on an RV that was expected to be home for the couple after they were evicted from their house in Newbury Park, Calif.

Those would be the last words Oriane Rousseau heard from her husband, who shot himself May 15, days before the couple were scheduled to be evicted after a long battle over their mortgage held by Wells Fargo.

"I lost my husband and it hurts me like hell," Oriane Rousseau, the wife of Norman, told CBS's Los Angeles affiliate. "I don't want this to happen to anybody. This is horrible. I lost my husband. I lose my pets, I lose my house, I lose my furniture, everything...for nothing."

In a statement to ABC News, a spokesperson for Wells Fargo, which acquired the Rousseau loan from a lender it bought out, wrote, "Our thoughts are with the friends and family of Mr. Rousseau at this difficult time. The eviction has been postponed and we will continue to work with Mrs. Rousseau. Despite current reports, we tried repeatedly to find affordable options for the family."

The 53-year-old, who battled different ailments, would pick up odd jobs but was struggling financially. His wife, Oriane, was working part-time jobs. The couple's troubles began after they were solicited to refinance their mortgage and became locked into an alleged predatory loan for the home, which they purchased in 2000, according to their attorney Chris Gardas.

The couple alleges there was a dispute with the bank over one payment and say they received harassing calls over the issue.

The couple later began a loan modification process, according to Gardas. "The details of the new loan were misrepresented and the couple became locked into a loan with a higher interest rate and were charged thousands in origination fees," according an amended lawsuit filed by the couple.

Wells Fargo is also one of five big banks that agreed to pay a $25 billion settlement over allegations of mortgage fraud. The bank filed a response to the Rousseau suit, denying the allegations and asking for a dismissal, plus more fees -- this time for the bank's attorneys.

The suit claims the bank told the couple not to make payments during the loan modification process. Then they were denied the modification. And, while facing foreclosure, the couple claims they were not given enough time to make the mortgage current, according to Gardas.

Over the last year, the family has spent thousands on legal fees and consultation, says Gardas.

In the last few months, Rousseau was said to be under incredible stress.

"There were times where I knew there was something off," said Gardas. "He was continuing to look for work and, on the night before, his spirit seemed a whole lot better."

"He located a motor home and he was going to pick it up," he continued. "They were resolved they would live in the motor home and the family wouldn't live on the street. I was supposed to talk to him later that night but I didn't get a call from him. "

Rousseau, who never took off his wedding band, would give his wife the ring while working on the truck to avoid losing it.

The next day, under a blanket, Rousseau shot himself in the head.




BLOGGER'S NOTE
my personal experience with Well Fargo

I bought a new townhouse in January 2001.  By September of the same year, interest rates had dropped significantly, and I decided to refinance - not to take out equity, just to lower my  interest rate.  I made the unfortunate decision to use Wells Fargo as my new mortgage holder.

In December of 2001, I received a notice, from the county, saying that my property taxes had not been paid.  I didn't give that a lot attention because I had a Federal Housing Administration (FHA) backed mortgage, and I knew that my mortgage company, Wells Fargo, was responsible for paying the taxes (and insurance) out of the escrow account that had been first established in January 2001 (and that was transferred at the time of my refinance). 

When I got the second notice from the county I called Wells Fargo, and called Wells Fargo,  and called Wells Fargo,  and called Wells Fargo.  Each time I had to talk to someone different.  They put me on interminable hold.  I was told don't worry it's all taken care of. 

Sure enough in March I received notice that the taxes had been paid.  And a few weeks later, I received a letter from Well Fargo indicating that my monthly escrow payment was being increased.  And wouldn't you know - almost to the penny the increase covered the taxes just paid, late fees and penalties.  I was livid.  I repeatedly asked what happened to the $3,000.00 that was in escrow at the time of my settlement.  Wells Fargo claimed that my escrow account was empty.

I contacted FHA and one of their loan officers told me that I was indeed correct.  There had to have been an escrow account and that, "Wells Fargo should have paid the taxes at the time of settlement, or directed the title company to do so."  I called my Congressman.  His office directed me to send a letter, along with all my documentation to the Maryland Office of Consumer Protection.  The Congressman's office would then send a letter on my behalf asking that an investigation be opened and expedited.

In August of 2002, I received a copy of a letter sent by the Maryland State's Attorney to Wells Fargo directing them to cut me a check - within ten days -  for the amount of funds that were in the escrow account in September 2001.  Wells Fargo sent the check.

These people are thieves.  If they can steal from you, they will.   Your life, your family means nothing to them.  If they could find a way to surreptitiously knock you in the head and take your money, they would.  They tried to do that to me.


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