According to the New York Times, Andrew M. Cuomo, New York’s attorney general has recently filed a suit accusing the First American Corporation of overstating property appraisals to please Washington Mutual, a client; both companies deny that. Mr. Cuomo has also demanded that Fannie Mae and Freddie Mac hire an independent examiner to review loans they bought from Washington Mutual, and he has promised to bring more cases.
Among government officials, he has been one of the most vocal about wanting to bring cases intended to highlight what he considers systemic problems in the mortgage market, like inflated appraisals and a lack of oversight of the secondary market where loans are packaged into securities.
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1 pamela brown // Feb 2, 2008 at 10:34 am
Pamela E. Brown
5022 Shippey Road
McGraw, NY 13101
January 16, 2008
Mr. Andrew M. Cuomo
Office of the New York Attorney General
The Capitol
Albany, NY 12224-0341
Subject: Wells Fargo Home Mortgage Company
Dear Mr. Cuomo:
I am writing to ask for assistance in helping me with Wells Fargo Home Mortgage Company.
I will give you the background as to why I am having such a battle with Wells Fargo Home Mortgage Company.
My husband has COPD. It started as a mild case back in 2002. He was in and out of the emergency room for this as he continued to work as an Electrician until July of 2005. During 2002 through 2005, he was laid off anywhere from two to six months at a time which allowed him time to build his strength. After July, 2005, he never worked again. Also, through this timeframe, we had one thing after another breakdown from vehicle repairs, appliances and a freak incidence of having our family room flooded, we live on top of a hill, but the heavy rain and runoff was too much for the drain system to handle. This was not covered by homeowners insurance. In March of 2006, he was hospitalized for two days with this disease. To make a long story short, the specialist ran several tests and declared him totally disable. He now has a severe case of COPD. We were getting really behind in our bills without his income.
During all of this, April, 2006, I was failing behind in the mortgage payments. I had asked the mortgage company, Wells Fargo if they could put the two months of mortgage
payments at the end of the mortgage so I could catch up. I had faxed twice the financial information over to them for review and indicated that my husband was medically ill with a disease called COPD and we have had one thing after another breakdown. They refused to help; I have supporting documentation of this, and indicated that I had to pay all of my escrow money plus the payments. I tried to make a payment arrangement with their representative, but each time I talked with a representative they had a different amount they wanted every month. Finally the last representative told me, if I could not pay that large amount not to send any money because Wells Fargo would not accept it and it would just be put into an account and sent back to me the following year.
Mr. Andrew M. Cuomo Page 2
Office of the New York Attorney General
January 16, 2008
During this time, my husband filed for Social Security and found out that it is a very long waiting period. I went to Congressman Boehlert office to see if they could speed up the process so we could start getting a monthly benefit for my husband and our son. The Congressman’s office made some telephone calls and the claim was approved within a
couple of days. The Social Security office went back to March of 2006 as a disability date, and then you have a five month waiting period for your benefit to start, which would be September, 2006. I feel the five month waiting period without any money is totally ridulaous because we have worked all of our lives and paid into this system. When you start work, the social security money is taken out the first week you work, not five months later. What are people suppose to do for those five months. The bills keep coming in and we have an eleven year old son to raise and support.
At this time, the Social Security Representative, indicated that we should appeal the start date of the benefit because he has had this disease since 2002 and been in and out of the emergency room for this disease. Even though he had collected unemployment from time to time, the representative said Social Security does not recognize that. We sent the appeal back in October, 2006.
During this time frame, I received a card in the mail from a company called Mortgage Second Chance. I called the number and talked to a Michel Weigandt (888-249-2529 Ext. 220). She was very nice and I told her the problems I was having with Wells Fargo. She indicated to me that they deal with Wells Fargo in mediation all the time and have 99 percent positive results. I indicated to her that I did not want to loose my home and that I had western union Wells Fargo $5,000.00 at the end of April, 2006 and Wells Fargo wanted the escrow money plus monthly payments and they would not accept anything less. I told her I did not want my home to go into foreclosure. She assured me that it would not and not to talk with Wells Fargo or make any payments while I was dealing with Foreclosure Assistance Solutions. On July 18, 2006, I was summoned with Foreclosure papers from Wells Fargo’s lawyer, giving me 60 days. I call a Rebecca that is my mediator at 1-866-360-1110 to let her know. She told me not to worry that this is normal. I keep calling her to get updates on what was happening and she did not respond. On August 14, 2006, I called and ask for a refund. I talked with a Mike Foresight, Refund Coordinator. He told me he would have to get a copy of my file from the Arizona office to see what they had done and see if I would be eligible for a refund. On August 28, 2006, I called and spoke with Mike again. He said he had the file and that
I would only be entitled to $570.00 refund because they had done work on my case. I ask him to send me a copy of what they had done. He told me that he could not. I believe they did not do a thing because I would not have been served a summons of Foreclosure.
I contacted the Attorney Generals office and they found out this company was not legitimate and I did get my money back. Your office is wonderful.
Mr. Andrew M. Cuomo Page 3
Office of the New York Attorney General
January 16, 2008
In the process of all this stress, I was laid off from my employer of twelve years, Henkel Corporation, Homer, NY plant location, in July of 2006. They gave me health benefits until January 31, 2007. I had asked about their Cobra package for health benefits and they wanted $1,800.00 a month for family coverage. I could not afford that. I also did not realize that their is a two year waiting period for people that are collecting social security disability to get Medicare. I started at the end of February, 2007 working for a company as a temporary employee with no benefits and my pay is reduced to $9.00 per hour from $18.00 per hour.
In January, 2007, the social security called my husband and said they were reviewing his case. In March, 2007, I started calling Social Security every week to see what was going on with this claim. I found out that the social security department is 15 months behind. What are people suppose to do during this time. When we sent the appeal claim in, I put all of my husband’s medical information with it from 2002 to current, so the social security office would not have to contact anyone for the information hoping to speed up this process. I was getting nowhere. I went to Congressman Acuri office on March 18, 2007 to see if they could get things done faster. I supplied some information of the urgency for the money as we are really behind again. I called the Congressman’s office on Friday, March 20, 2007 and spoke to Mr. Messinger who told me this takes time. We have been waiting and I am running out of time. We need this back money. Later, I was told that because he was getting some Social Security, that the appeal would be processed in December of 2007 or January of 2008 to see if they could move his benefit start date.
In the mean time, Wells Fargo sent me foreclosure papers. In order to keep our home, I had to file a Chapter 13 Bankruptcy on December 19, 2006 so my home would not be sold. I had to pay the first payment January 1, 2007, which was very high because I have an adjustable interest rate plus the trustee’s payment. I made January’s payment, however February my severance pay and unemployment had run out, we only had my
husband’s social security to live on. I made March’s payment, which between the two payments was about $3,000.00 a month. I started working for Intertek Labs as a temporary employee with no benefits. Trying to make ends meet. By June 1, 2007, I became a permanent employee with a raise to $11.00 per hour plus benefits. The Bankruptcy court notified me that I must pay $5,000.00 in July, 2007 and $6,000.00 in August and pay the trustee $2,115.00. I made a $4,000.00 payment in July and $550.00 to the trustee; however I could not pay that large amount in August. At the end of August, 2007, I received a letter from the court system that I must pay $8.066.00 to Wells Fargo and $2,115.00 to the trustee by September 10, 2007 or my Chapter 13 would be reversed. Through some help from my friends and the money that I had saved up, I was able to send the money Wells Fargo money UPS next day and Trustee’s money Express Mail on September 14, 2007. I called my lawyer, Wells Fargo, Trustee to let them know the money was on its way. On Thursday, September 19, 2007, I received a letter from
Mr. Andrew M. Cuomo Page 4
Office of the New York Attorney General
January 16, 2008
my lawyer and the trustee that because the money was not received on September 10, 2007 that the Chapter 13 was dismissed and I would be in foreclosure.
I contact my lawyer and was able to file a Chapter 13 for the second time on October 22, 2007, which I am still in the process of establishing the correct amount owed to Wells Fargo Mortgage Company. I went on line to look at my account with Wells Fargo Home Mortgage and they have not applied any payments since December 2005. Where has my money gone, I did not receive a check anywhere. I have received very few monthly statements. However, I did receive a statement in August, 2007 with a balanced owed of $38,710.06, which should have been zero because of the first chapter 13. I received a letter from Wells Fargo Home Mortgage on of June 5, 2006, stating the total due to cure default and bring loan current was $13,870.65. I just received, January 12, 2008 another statement from Wells Fargo dated December 14, 2007 stating I owe $53,495.06. I have paid Wells Fargo Home Mortgage a total of $19,136.26 for 2007.
My lawyer stated November 29, 2007 that he was disputing the about owed, that it appears Wells Fargo is as he called it “double dipping”. In the meantime, I feel paying the Trustee $725.00 per month is not justifiable until the accurate amount is established.
I received a letter from my lawyer indicating that I must continue to pay the Trustee and if I fail to do so that my bankruptcy will be dismissed. I feel this is totally unjustifiable as the correct amount has not been established. Also, Wells Fargo Home Mortgage is still disputing the amount that is in the bankruptcy, so this has to go to court and I have to provide my payment statements, which is not a problem.
I have surfed the net and browsed the local newspapers to find many stories, such as mine. I am asking for your assistance in starting a lawsuit or civil lawsuit to stop Wells Fargo Home Mortgage of their wrong doing. I feel Wells Fargo Home Mortgage is just like Fannie Mae and some others that the Attorney General’s Office has investigated and found that these big mortgage companies are not keeping accurate records and the stress that they put people under when people like myself are trying to do the best we can.
I tried to get a FHA loan to get away from Wells Home Mortgage and I was told I could not get one because of my credit score. My score is bad because of this mess with Wells Fargo and having to file bankruptcy. I was under the impression that FHA loans were especially available to people such as myself.
I am sorry for having been behind, however it is not to unnecessary spending, it was to medical and unforeseen happenings. I am a very hard worker, positive and dedicated person and just trying to keep my home and family together. It is not easy to care for a person that has COPD and everything else along the way. I hope and pray that you can assist me in my goal. As you can read, I have tried every avenue to obtain my goal.
Mr. Andrew M. Cuomo Page 5
Office of the New York Attorney General
January 16, 2008
Please feel free to contact me via e-mail at kickboxer442003@yahoo.com or telephone at 607-423-0016. I appreciate anything you can do for us.
Regards,
Pamela E. Brown
5022 Shippey Road
McGraw, NY 13101
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