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19 Jan 8:11 am
by Matt C. Bailey
On January 12, 2010, Judge Marilyn Patel issued an opinion denying plaintiff's renewed motion for class certification in In re Wells Fargo Home Mortg. Overtime Pay Litig., 2010 U.S. Dist. LEXIS 3132 (N.D. Cal. Jan. 12, 2010). The proposed class consisted of all California Home Mortgage Consultants ("HMC"), and sought certification of overtime claims arising out of Wells Fargo's alleged misclassification of HMC employees as exempt. The Court's decision comes on the heels of the Ninth Circuit's opinion in ... [read post]
Bailey Class Action Daily - http://www.baileydaily.com/
My August 8, 2008 Statement to the Louisiana Secretary of State, Office of Financial Institutions concerning Wells Fargo IRS and Mortgage Frauds, Sham Foreclosures and Judicial Collusion; also NATIONAL APPEAL FOR QUI TAM, OR OTHER LAWYERS
b y Barbara Ann Jackson
**UPDATE: The latest event about LEHMAN BROTHERS provides another opportunity to give more details about Louisiana foreclosure fraud and corruption. I've posted a new article above -with court pleadings / evidence concerning Wells Fargo and debt collector Adcock. Here's the link:http://seekingalpha.com/user/133731/comments ============* Also, see added fact ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
LEHMAN BROTHERS' Mortgage Troubles (nationally & locally); Evidence of Foreclosure Fraud, Deception, and Conspiracy with Wells Fargo; Deceptive Judicial Filings
14 Sep 2008 by Barbara Ann Jackson
*REVISED again on 11/16/2008 (Freddie Mac, Wells Fargo & Louisiana Judicial Collusion; falsified IRS form 1099-A, etc.)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ OVERVIEW LEHMAN BROTHERS' mortgage troubles provides a yet further occasion to call attention to Louisiana FORECLOSURE FRAUDS being carried out by via deceptive collections and Wells Fargo through use of the judicial system to further real estate FORECLOSURE racketeering and IRS fraud. In conjunction with ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
Wells Fargo to Take Big Charge on Loan Losses
28 Nov 2007
Wells Fargo & Company, the nation's second-largest mortgage lender, said Tuesday that it would take a $1.4 billion fourth-quarter charge for losses it anticipated in connection with home loans. The bank said that it would continue to provide home equity financing directly to customers, but that it would not originate or acquire home equity loans through [...] [read post]
DealBook - http://dealbook.blogs.nytimes.com/?=rss2
Everything you wanted to know about the Citigroup-Wachovia-Wells Fargo Debacle
6 Oct 2008
Coverage of the Citigroup-Wachovia-Wells Fargo situation has revealed many fundamental misunderstandings of various aspects of the debacle, such that I wanted to offer my thoughts on a few points that have been curiously misstated: 1.A discussion of "fiduciary outs" is a bit of a non sequitur here, legal experts have been opining about how Wachovia has the fiduciary obligation to take the best deal available. I have two responses to that: The ... [read post]
Truth on the Market - http://www.truthonthemarket.com
Judge Summons Mortgage Lending Executive to Answer Under Oath to Homeowner in Bankruptcy
10 Sep 2009
As Irvine bankruptcy attorneys who work closely with homeowners struggling to get responses from their banks, we were delighted to see one lender's executive questioned under oath about his company's practices. The New York Times reported Sept. 3 that Bobbi Giguere, a suburban Phoenix homeowner, was allowed to question the senior vice president of Wells Fargo Home Mortgage Servicing in court. U.S. Bankruptcy Court judge Randolph J. Haines summoned Joseph Ohayon to explain under oath why the company ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
COMMENTS: foreclosure on Louisiana Judge Reginald Badeaux home; U.S. Attorney Jim Letten; FREDDIE MAC, WELLS FARGO Frauds; Collusion; etc.
12 Dec 2007 by Barbara Ann Jackson
**The following is what I wrote under my lawgrace screen name. Here's that link:) "http://blog.nola.com/times-picayune/2007/12/state_district_judge_gets_debt.html/"> "State District Judge Gets Reprieve" ". . .Aside from this being my "comment" concerning Judge Reginald Badeaux, this would be My 'Letter to the Times Picayune Editor', but I think my letter would not be printed, and its length could pose a problem. Here's what I have to say: THREE different articles were printed on Friday, December 7, ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
Wells Fargo Class Action Defense Cases-Mevorah v. Wells Fargo: Ninth Circuit Reverses Certification Of Labor Law Class Action Holding District Court Erred In Relying On Employer's Uniform Exemption Policy To Exclusion Of Other Factors
20 Jul 2009
Labor Law Class Action Certification Order Reversed because District Court Abused its Discretion in Relying on Wells Fargo's Internal Policy of Treating Employees as Exempt "To the Near Exclusion of Other Relevant Factors Touching on Predominance" under Rule 23(b)(3) Ninth Circuit Holds Plaintiffs filed a putative class action in California against their employer, Wells Fargo Home Mortgage, alleging labor law violations; the class action complaint - brought individually and on behalf of roughly 5000 ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Wells Fargo sued for knowingly approving risky 2nd mortgage
10 Aug 2009
"A Bowie couple is suing Wells Fargo bank, alleging the bank should have known they could not afford the second mortgage they agreed to for their home. [...] According to court documents, the Bahs have asked for "legal and equitable relief as may be appropriate," though lawyers hope that will include a chance to renegotiate with the lender. The lawsuit is the latest of hundreds in the region that homeowners have filed in the past year to put off losing their homes, legal aid lawyers said." Article: ... [read post]
Reading Tea Leaves - http://rlwilsonconsulting.wordpress.com
Wells Fargo Executive Fired After Reports That She Used REO Home for Personal Purposes
18 Sep 2009
As San Bernardino County loan modification attorneys, we deal regularly with mortgage lenders and servicers guilty of anti-consumer and even illegal behavior. Nonetheless, we were still surprised to see a series of reports in the Los Angeles Times about a Wells Fargo executive who allegedly moved her family into a bank-owned home in the exclusive beachfront Malibu Colony neighborhood and used it to throw a party, while potential buyers were denied a chance to make their bids. According to this Sept. 15 ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo Mortgage Division Hit With Predatory Lending Lawsuit Alleging Racist Practices
12 Jun 2009
Loan officers at Wells Fargo Bank steered minorities into subprime loans even though they qualified for cheaper conventional loans, the New York Times reported June 6. Loan officers also made openly racist statements at work, former colleagues charged, calling minorities "mud people" who got "ghetto loans" because they don't pay their bills and have bad credit. The revelations came as part of a predatory lending lawsuit filed by the city of Baltimore against Wells Fargo, alleging that the lender's ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo Bank Increases Salaries for Four Top Executives After Taking Bailout
17 Aug 2009
Wells Fargo & Co. will increase salaries for its CEO and three other top executives, the Associated Press reported Aug. 6. The salary increases are not in salary, but in company stock, which cannot be issued until the bank repays the money it was lent by the federal government under last fall's Troubled Assets Relief Plan. The pay increases mean Wells Fargo CEO John Stumpf now will receive $4.7 million in stock along with a $900,000 salary; other executives will receive $2.2 million to $3.3 million ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo UCL Class Action Defense Cases-Puentes v. Wells Fargo: California Court Affirms Summary Judgment In Favor Of Wells Fargo In UCL Class Action Holding Charging Monthly (Rather Than Daily) Interest On Loans Was Not Unlawful
14 Apr 2008
Trial Court Properly Granted Defense Summary Judgment Motion in Class Action Alleging Bank Violated California's Unfair Competition Law (UCL) by Calculating Interest on a Monthly rather than Daily Basis because Federal Law Permits this Method, it is Consistent with Industry Conduct and it is Required for Sale of Loans on the Secondary Market California Court Holds Plaintiffs filed a class action against their mortgage lender, Wells Fargo, alleging violations of California's unfair competition law (UCL) ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Class Action Defense Cases-In re Wells Fargo: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Two Class Action Lawsuits But Selects Northern District of California As Transferee Court
3 Aug 2007
Judicial Panel Grants Defense Request, Over Plaintiffs' Objection, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and but Rejects Defense Request to Transfer Class Actions to District of Kansas Two class action lawsuits were filed against Wells Fargo, one in California and one in Kansas, alleging labor law violations based on the company's alleged failure to pay overtime to its loan processors. In re Wells Fargo Loan Processor Overtime Pay Litig., ___ F.Supp.2d ___, ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Nationalize the Banks, Modify the Mortgages
27 Jan 2009
By Alan White No more than 10 companies now service most of the mortgages in the U.S, including the four big banks (Citi, Wells Fargo, Chase and BofA). Ocwen is aggressively modifying mortgages, including principal writedowns, and is reporting good results, including reduced delinquencies and foreclosures. The rest are adamantly refusing to write down principal debt. My new study on this topic is posted on SSRN. All the proposals to solve the foreclosure crisis have aimed at creating incentives and ... [read post]
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
Classified News: August 7, 2009
7 Aug 2009
A Boston attorney has filed a class action lawsuit against Bank of America Home Mortgage and Wells Fargo Home Mortgage, alleging that the lenders knew or should have known that the loans could grow bigger over time and were unaffordable to borrowers. The suits are grounded on a 2008 Massachusetts Supreme Judicial Court decision in which the Court decided that lenders violated state law by writing loans that were almost certain to lead to default and foreclosure. Plaintiff lawyers are seeking class ... [read post]
Class Action Blog - http://www.carltonfields.com/classactionblog/blog.aspx
13 Jul 2009
In re Wells Fargo Home Mortgage Overtime Litigation clarifies the role played by an employer's use of uniform job classifications when deciding to certify an overtime class. The opinion arose from Wells Fargo's appeal of the District Court order certifying a class of Wells Fargo "home mortgage consultants" for the purpose of determining whether they had been internally misclassified as exempt from overtime. As usual, the Company had an internal policy of designating everyone within this job title as ... [read post]
California Labor and Employment Defense Blog - http://www.vtzlawblog.com/
New UCL "unfair" and "fraudulent" prong decision: Puentes v. Wells Fargo Home Mortgage, Inc.
3 Mar 2008
In Puentes v. Wells Fargo Home Mortgage, Inc., ___ Cal.App.4th ___
(Feb. 28, 2008), the Court of Appeal (Fourth Appellate District, Division One), held that the trial court did not err by granting the defendant's summary judgment motion as to the plaintiffs' UCL claim. The claim challenged the way the defendant mortgage company, Wells Fargo, calculated interest on plaintiffs' home loans. Slip op. at 2-3. The Court of Appeal: Discussed the Cel-Tech "safe harbor" in some detail. Wells Fargo argued that ... [read post]
The UCL Practitioner - http://www.uclpractitioner.com/
Wells Fargo Home Mortgage, Inc. v. Neal (Ct. of Appeals)
14 Mar 2007
Filed: March 13, 2007. Opinion by Judge Glenn T. Harrell, Jr. The question on appeal was whether a term in a deed of trust generically alluding to HUD regulations limiting the circumstances in which a mortgagee may accelerate and foreclose on an FHA-insured mortgage may be invoked by the mortgagor to enjoin foreclosure. The Court held that because foreclosure is an equitable remedy, a mortgagee seeking foreclosure is subject to being enjoined from foreclosing by a mortgagor alleging violations of the ... [read post]
Maryland Courts Watcher - http://marylandcourts.blogspot.com/
Wells Fargo Hit With Fees And Sanctions For Stay Violations; Agrees To Order Enforceable In Any Court
28 Sep 2007
By: Scott B. Riddle, Esq. Thanks to the Fresno Bankruptcy Blog for noting this. In Jones v. Wells Fargo Home Mortgage, Adv. No. 06-01093 (Bankr. E.D. La. August 29, 2007) (click here for pdf. of opinion), the Court found Wells Fargo guilty of violating the automatic stay by improperly assessing post-petition charges in a Chapter 13 case, and diverting payments made by the Chapter 13 trustee to satisfy claims not authorized by the Chapter 13 plan or the Court. Further, the Court found that this conduct ... [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
Northern District Denies Renewed Motion For Certification of Misclassification Class in In re Wells Fargo Home Mortg. Overtime Pay Litig.
Search Justia Home Blawg Directory
Most Popular
19 Jan 8:11 am
by Matt C. Bailey
On January 12, 2010, Judge Marilyn Patel issued an opinion denying plaintiff's renewed motion for class certification in In re Wells Fargo Home Mortg. Overtime Pay Litig., 2010 U.S. Dist. LEXIS 3132 (N.D. Cal. Jan. 12, 2010). The proposed class consisted of all California Home Mortgage Consultants ("HMC"), and sought certification of overtime claims arising out of Wells Fargo's alleged misclassification of HMC employees as exempt. The Court's decision comes on the heels of the Ninth Circuit's opinion in ... [read post]
Bailey Class Action Daily - http://www.baileydaily.com/
My August 8, 2008 Statement to the Louisiana Secretary of State, Office of Financial Institutions concerning Wells Fargo IRS and Mortgage Frauds, Sham Foreclosures and Judicial Collusion; also NATIONAL APPEAL FOR QUI TAM, OR OTHER LAWYERS
b y Barbara Ann Jackson
**UPDATE: The latest event about LEHMAN BROTHERS provides another opportunity to give more details about Louisiana foreclosure fraud and corruption. I've posted a new article above -with court pleadings / evidence concerning Wells Fargo and debt collector Adcock. Here's the link:http://seekingalpha.com/user/133731/comments ============* Also, see added fact ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
LEHMAN BROTHERS' Mortgage Troubles (nationally & locally); Evidence of Foreclosure Fraud, Deception, and Conspiracy with Wells Fargo; Deceptive Judicial Filings
14 Sep 2008 by Barbara Ann Jackson
*REVISED again on 11/16/2008 (Freddie Mac, Wells Fargo & Louisiana Judicial Collusion; falsified IRS form 1099-A, etc.)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ OVERVIEW LEHMAN BROTHERS' mortgage troubles provides a yet further occasion to call attention to Louisiana FORECLOSURE FRAUDS being carried out by via deceptive collections and Wells Fargo through use of the judicial system to further real estate FORECLOSURE racketeering and IRS fraud. In conjunction with ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
Wells Fargo to Take Big Charge on Loan Losses
28 Nov 2007
Wells Fargo & Company, the nation's second-largest mortgage lender, said Tuesday that it would take a $1.4 billion fourth-quarter charge for losses it anticipated in connection with home loans. The bank said that it would continue to provide home equity financing directly to customers, but that it would not originate or acquire home equity loans through [...] [read post]
DealBook - http://dealbook.blogs.nytimes.com/?=rss2
Everything you wanted to know about the Citigroup-Wachovia-Wells Fargo Debacle
6 Oct 2008
Coverage of the Citigroup-Wachovia-Wells Fargo situation has revealed many fundamental misunderstandings of various aspects of the debacle, such that I wanted to offer my thoughts on a few points that have been curiously misstated: 1.A discussion of "fiduciary outs" is a bit of a non sequitur here, legal experts have been opining about how Wachovia has the fiduciary obligation to take the best deal available. I have two responses to that: The ... [read post]
Truth on the Market - http://www.truthonthemarket.com
Judge Summons Mortgage Lending Executive to Answer Under Oath to Homeowner in Bankruptcy
10 Sep 2009
As Irvine bankruptcy attorneys who work closely with homeowners struggling to get responses from their banks, we were delighted to see one lender's executive questioned under oath about his company's practices. The New York Times reported Sept. 3 that Bobbi Giguere, a suburban Phoenix homeowner, was allowed to question the senior vice president of Wells Fargo Home Mortgage Servicing in court. U.S. Bankruptcy Court judge Randolph J. Haines summoned Joseph Ohayon to explain under oath why the company ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
COMMENTS: foreclosure on Louisiana Judge Reginald Badeaux home; U.S. Attorney Jim Letten; FREDDIE MAC, WELLS FARGO Frauds; Collusion; etc.
12 Dec 2007 by Barbara Ann Jackson
**The following is what I wrote under my lawgrace screen name. Here's that link:) "http://blog.nola.com/times-picayune/2007/12/state_district_judge_gets_debt.html/"> "State District Judge Gets Reprieve" ". . .Aside from this being my "comment" concerning Judge Reginald Badeaux, this would be My 'Letter to the Times Picayune Editor', but I think my letter would not be printed, and its length could pose a problem. Here's what I have to say: THREE different articles were printed on Friday, December 7, ... [read post]
Law & Grace, Inc. - http://www.lawgrace.org
Wells Fargo Class Action Defense Cases-Mevorah v. Wells Fargo: Ninth Circuit Reverses Certification Of Labor Law Class Action Holding District Court Erred In Relying On Employer's Uniform Exemption Policy To Exclusion Of Other Factors
20 Jul 2009
Labor Law Class Action Certification Order Reversed because District Court Abused its Discretion in Relying on Wells Fargo's Internal Policy of Treating Employees as Exempt "To the Near Exclusion of Other Relevant Factors Touching on Predominance" under Rule 23(b)(3) Ninth Circuit Holds Plaintiffs filed a putative class action in California against their employer, Wells Fargo Home Mortgage, alleging labor law violations; the class action complaint - brought individually and on behalf of roughly 5000 ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Wells Fargo sued for knowingly approving risky 2nd mortgage
10 Aug 2009
"A Bowie couple is suing Wells Fargo bank, alleging the bank should have known they could not afford the second mortgage they agreed to for their home. [...] According to court documents, the Bahs have asked for "legal and equitable relief as may be appropriate," though lawyers hope that will include a chance to renegotiate with the lender. The lawsuit is the latest of hundreds in the region that homeowners have filed in the past year to put off losing their homes, legal aid lawyers said." Article: ... [read post]
Reading Tea Leaves - http://rlwilsonconsulting.wordpress.com
Wells Fargo Executive Fired After Reports That She Used REO Home for Personal Purposes
18 Sep 2009
As San Bernardino County loan modification attorneys, we deal regularly with mortgage lenders and servicers guilty of anti-consumer and even illegal behavior. Nonetheless, we were still surprised to see a series of reports in the Los Angeles Times about a Wells Fargo executive who allegedly moved her family into a bank-owned home in the exclusive beachfront Malibu Colony neighborhood and used it to throw a party, while potential buyers were denied a chance to make their bids. According to this Sept. 15 ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo Mortgage Division Hit With Predatory Lending Lawsuit Alleging Racist Practices
12 Jun 2009
Loan officers at Wells Fargo Bank steered minorities into subprime loans even though they qualified for cheaper conventional loans, the New York Times reported June 6. Loan officers also made openly racist statements at work, former colleagues charged, calling minorities "mud people" who got "ghetto loans" because they don't pay their bills and have bad credit. The revelations came as part of a predatory lending lawsuit filed by the city of Baltimore against Wells Fargo, alleging that the lender's ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo Bank Increases Salaries for Four Top Executives After Taking Bailout
17 Aug 2009
Wells Fargo & Co. will increase salaries for its CEO and three other top executives, the Associated Press reported Aug. 6. The salary increases are not in salary, but in company stock, which cannot be issued until the bank repays the money it was lent by the federal government under last fall's Troubled Assets Relief Plan. The pay increases mean Wells Fargo CEO John Stumpf now will receive $4.7 million in stock along with a $900,000 salary; other executives will receive $2.2 million to $3.3 million ... [read post]
California Bankruptcy Attorney Blog - http://www.californiabankruptcyattorneyblog.com/
Wells Fargo UCL Class Action Defense Cases-Puentes v. Wells Fargo: California Court Affirms Summary Judgment In Favor Of Wells Fargo In UCL Class Action Holding Charging Monthly (Rather Than Daily) Interest On Loans Was Not Unlawful
14 Apr 2008
Trial Court Properly Granted Defense Summary Judgment Motion in Class Action Alleging Bank Violated California's Unfair Competition Law (UCL) by Calculating Interest on a Monthly rather than Daily Basis because Federal Law Permits this Method, it is Consistent with Industry Conduct and it is Required for Sale of Loans on the Secondary Market California Court Holds Plaintiffs filed a class action against their mortgage lender, Wells Fargo, alleging violations of California's unfair competition law (UCL) ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Class Action Defense Cases-In re Wells Fargo: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Two Class Action Lawsuits But Selects Northern District of California As Transferee Court
3 Aug 2007
Judicial Panel Grants Defense Request, Over Plaintiffs' Objection, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and but Rejects Defense Request to Transfer Class Actions to District of Kansas Two class action lawsuits were filed against Wells Fargo, one in California and one in Kansas, alleging labor law violations based on the company's alleged failure to pay overtime to its loan processors. In re Wells Fargo Loan Processor Overtime Pay Litig., ___ F.Supp.2d ___, ... [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Nationalize the Banks, Modify the Mortgages
27 Jan 2009
By Alan White No more than 10 companies now service most of the mortgages in the U.S, including the four big banks (Citi, Wells Fargo, Chase and BofA). Ocwen is aggressively modifying mortgages, including principal writedowns, and is reporting good results, including reduced delinquencies and foreclosures. The rest are adamantly refusing to write down principal debt. My new study on this topic is posted on SSRN. All the proposals to solve the foreclosure crisis have aimed at creating incentives and ... [read post]
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
Classified News: August 7, 2009
7 Aug 2009
A Boston attorney has filed a class action lawsuit against Bank of America Home Mortgage and Wells Fargo Home Mortgage, alleging that the lenders knew or should have known that the loans could grow bigger over time and were unaffordable to borrowers. The suits are grounded on a 2008 Massachusetts Supreme Judicial Court decision in which the Court decided that lenders violated state law by writing loans that were almost certain to lead to default and foreclosure. Plaintiff lawyers are seeking class ... [read post]
Class Action Blog - http://www.carltonfields.com/classactionblog/blog.aspx
13 Jul 2009
In re Wells Fargo Home Mortgage Overtime Litigation clarifies the role played by an employer's use of uniform job classifications when deciding to certify an overtime class. The opinion arose from Wells Fargo's appeal of the District Court order certifying a class of Wells Fargo "home mortgage consultants" for the purpose of determining whether they had been internally misclassified as exempt from overtime. As usual, the Company had an internal policy of designating everyone within this job title as ... [read post]
California Labor and Employment Defense Blog - http://www.vtzlawblog.com/
New UCL "unfair" and "fraudulent" prong decision: Puentes v. Wells Fargo Home Mortgage, Inc.
3 Mar 2008
In Puentes v. Wells Fargo Home Mortgage, Inc., ___ Cal.App.4th ___
(Feb. 28, 2008), the Court of Appeal (Fourth Appellate District, Division One), held that the trial court did not err by granting the defendant's summary judgment motion as to the plaintiffs' UCL claim. The claim challenged the way the defendant mortgage company, Wells Fargo, calculated interest on plaintiffs' home loans. Slip op. at 2-3. The Court of Appeal: Discussed the Cel-Tech "safe harbor" in some detail. Wells Fargo argued that ... [read post]
The UCL Practitioner - http://www.uclpractitioner.com/
Wells Fargo Home Mortgage, Inc. v. Neal (Ct. of Appeals)
14 Mar 2007
Filed: March 13, 2007. Opinion by Judge Glenn T. Harrell, Jr. The question on appeal was whether a term in a deed of trust generically alluding to HUD regulations limiting the circumstances in which a mortgagee may accelerate and foreclose on an FHA-insured mortgage may be invoked by the mortgagor to enjoin foreclosure. The Court held that because foreclosure is an equitable remedy, a mortgagee seeking foreclosure is subject to being enjoined from foreclosing by a mortgagor alleging violations of the ... [read post]
Maryland Courts Watcher - http://marylandcourts.blogspot.com/
Wells Fargo Hit With Fees And Sanctions For Stay Violations; Agrees To Order Enforceable In Any Court
28 Sep 2007
By: Scott B. Riddle, Esq. Thanks to the Fresno Bankruptcy Blog for noting this. In Jones v. Wells Fargo Home Mortgage, Adv. No. 06-01093 (Bankr. E.D. La. August 29, 2007) (click here for pdf. of opinion), the Court found Wells Fargo guilty of violating the automatic stay by improperly assessing post-petition charges in a Chapter 13 case, and diverting payments made by the Chapter 13 trustee to satisfy claims not authorized by the Chapter 13 plan or the Court. Further, the Court found that this conduct ... [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
Northern District Denies Renewed Motion For Certification of Misclassification Class in In re Wells Fargo Home Mortg. Overtime Pay Litig.
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