Sunday, September 14, 2014

DAN HARRIS, LOAN MOD SPECIALIST, ON RESPA VIOLATIONS: QUALIFIED WRITTEN REQUEST

English: A sign advertising foreclosure rescue...
English: A sign advertising foreclosure rescue, name and number blanked out following discussion. (Photo credit: Wikipedia)

HOW TO WRITE A
QUALIFIED WRITTEN REQUEST









http://www.LoanModBook.com.



Attn: Mr. John Stump
Wells Fargo Home Mortgage
1 Home Campus
Des Moines, IA 50328


Re: Wells Fargo Loan #  XXX-XXXXXXX
     
Borrower:
Property
Address:

This is a "Qualified Written Request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA). Wells Fargo is not currently servicing my loan within the required guidelines.

Mr. Strumpf,     When will this nightmare end?

Please HELP - Your employees can’t seem to get it straight….

I have been in a loan modification since ________ now and your employees are an absolutely confused mess or they are just a bunch of dishonest heartless creatures preying on distressed homeowners. I was told that I qualified for HAMP and went into a “trial” payment plan. I made every single payment as agreed and on   00/00/00   Wells Fargo seemed to have lived up to its end of the bargain by making my modification permanent.    I signed and returned the agreement and thought my nightmare was over. On 00/00/00 Mr. (             )  from Wells Fargo signed the agreement and returned it to me.

Now I have been told by Wells Fargo employees that there was some sort of mistake and my modification should not have been made permanent. After many hours of phone calls I have been stonewalled and told by your employees that they couldn't finalize my modification. This is ridiculous and depressing to say the very least.

I have made every single modification payment as agreed an I am current in my payments as of the date of this letter.

I have recently been communicating with a representative who claims to speak for YOU & YOUR office DIRECTLY his name is                .   He has indicated that Wells Fargo did indeed make a mistake and my modification should have been finalized, and that YOU have directed him to fix the problem. 

           has told me that it will take another 60 – 90 days for Wells Fargo to get it right. This is unacceptable – Wells Fargo has had no problem taking loan applications and closing loans within a week of application and subsequently selling the toxic loans to unsuspecting investors within a week when it benefited you. For Wells Fargo to drag its feet at this time and make believe it is a long drawn out process flies in the face of reality and decency.  

With all of the news about banks and servicers having employees who do not know what they are doing and folks losing their homes that didn't need to I wanted to address this with your office directly.

I think the problem here is that no-one in your company knows what they are doing or even worse they do know what they are doing and are purposefully giving borrowers like me the runaround at the direction of their supervisors. Every time we call we get the runaround and we are treated to different explanations for what Wells Fargo is doing. The fact that this might be done on purpose under the direction of Wells Fargo management gives me a queasy feeling and makes me feel like I need a shower.

I am at my wits end with the poor performance and inability of your bank to keep its word and will only express the sheer and utter frustration I have with what your employees are doing to me and my family.

I have been submitting document after document after document, time after time after time. Only to have employees ask for them again and again and again.
In addition I believe that your company has purposefully extended the trial period so that you can continue to run the tab on my arrears thereby increasing the amount that gets capitalized onto my loan. If this is the case I find it slimy and reprehensible.

As a result of the complete runaround over the past year that I have suffered at the hands of your employees I now have reason to believe that the loan modification policies of Wells Fargo and the “investor” have been misrepresented to me by your employees and represent a cruel hoax perpetrated by your company. I believe that your employees are incapable of feeling human emotions, telling the truth or being competent enough to handle the problems and confusion they are in the midst of inside your poorly run company.

If Wells Fargo continues to stonewall and act like the gang that couldn’t shoot straight I will continue to fall behind and eventually lose my home.

The way your company is servicing our loan with regards to the rules laid out by the United States Department of Treasury and under the laws passed under HR 3221, the Housing and Economic Recovery Act of 2008, P.L. 110-289 is being questioned here. Additionally I am questioning the way Wells Fargo has administered the servicing of my loan modification under the HAMP guidelines and supplemental directives.

This is a Qualified Written Request under RESPA specifically relating to the lack of competency and honesty with regards to the servicing of my loan by Wells Fargo with regards to processing my request for a true long term solution to my problem.

Your employees have acted in bad faith with regards to the servicing of my loan.

With that in mind I am writing to request:
(1)         A complete detailed written explanation of why you have bungled the finalizing of my loan modification
(2)         A complete written explanation of why it has taken Wells Fargo 12 months to administer my request for a loan modification
(3)         A complete accounting of ALL of my payments. Including an explanation of what payment was due for each month and how the monies received were applied. A simple print out with number will not suffice
(4)         A complete written explanation and time-line of what you have received from me, how it was handled, and who in the employee chain has handled my file
(5)         A complete copy of the conversation logs for the phone calls on my account
(6)         A complete written explanation of how Wells Fargo has administered my loan in accordance and compliance with the HAMP guidelines
(7)         A copy of the HAMP contract signed by Wells Fargo with the United States Government.
(8)         A written description of the guidelines Wells Fargo used to evaluate my loan for modification over the past 12 months

As stated on page 2 of the cover letter that came with my “Final” modification agreement “By completing the Loan Agreement, your mortgage loan will be contractually current.” Wells Fargo has to date over 4 Months later failed to honor their words, and now I am being told it will take your bungling employees another 2 or 3 months to fix this. My payments have been reported incorrectly as late when they are in fact current.

I find it quite revealing that your mistakes are always in favor of your company - a coincidence that would lead most rational people to believe it is planned and organized that way by Wells Fargo.

I for one am tired of being abused and refuse to do any more “stupid people tricks” to humor you and your employees.

I absolutely demand that you fix this problem immediately. If it is not corrected within the next 10 business days I will register complaints with the Department of Treasury, The Office of the Comptroller of the Currency, Senator Barbara Boxer, and Speaker of the House Congresswomen Nancy Pelosi.

In addition if forced to I will seek and hire competent legal counsel to evaluate what you have done to me for review of what violations you have committed under RESPA, TILA, FDCPA, FCRA and any new regulations and obligations you have with regards to the HAMP program. I have been advised by local attorneys that FDCPA & FCRA allow for legal fees that would make it viable for them to take my case on a contingency basis.

As you can see by the concerns enumerated above I do not believe you are servicing my loan properly with regards to my request for assistance in the form of a loan modification. I do not believe what your employees have told me. I believe what has been done to me has been done company wide as a cruel hoax and way of boosting the profits of your company while being bailed out by me and my fellow Americans tax dollars.

Please help your employees to figure out how to honor what they started more than a year ago or explain for me the justification for their actions.

Thank you,
ANOTHER VICTIM OF WELLS FARGO'S PAIN


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