Thursday, April 21, 2016

Wells Fargo Fraud cost me everything I have ever owned

Once Wells Fargo gave me copies of all the documents they had on file for the accounts, it became clear that not only had Wells Fargo opened the accounts without my permission, they knew it, and they lied about it repeatedly to keep from taking responsibility for this crime.

They did not have my signature on any account documents, nor did they have my drivers license on file, as they falsely claimed during the investigations by the CFPB and the OCC.

In fact, the documents show that Wells Fargo accepted photocopies of unsigned account application and authorization forms, and that they used a phony driver's license number, birthdate, address, and phone number for me, and never obtained any of the Federally required supporting documentation to open the accounts.

Armed with this evidence, I filed a lawsuit against Wells Fargo for fraud. 

In court, Wells Fargo never denied what they had done. They never had to answer for why they opened accounts without my knowledge or permission, or why they lied to me when I questioned them about it. They never had to tell the judge why the account documents they had on file, did not have my signature on them, or why they used a phony driver's license number for me. They never had to address why they failed to get any of the Federally supporting documentation when they opened the accounts, or why they never notified me that someone had  opened accounts in my name, in my absence, without any of these things. They never had to tell the court why they lied repeatedly to the two government agencies that investigated this crime, or why they denied my check fraud claim because the signer of the checks was listed as an authorized signer on accounts that I never opened or authorized.

Instead, Wells Fargo simply sidestepped the issues once again and demanded that the judge dismiss my case, because it took me too long to find out what they had done, and the statute of limitations had run out.  

The court never considered that the reason it took me so long to find out what they had done, was because from day one, Wells Fargo had gone well out of their way, with the help of the people they committed this crime with, to cover it up. 
The judge never considered the fact that the repeated lies that Wells Fargo told to keep from getting caught, was the reason that it took me so long to find out. The judge never considered that without  evidence I had nothing but accusations and no proof, or that for 4-years Wells Fargo refused to give me copies of the documents they had on file which proved what they had done. He just dismissed my lawsuit, with prejudice, which means that I can never sue Wells Fargo for what they did in the future.

Should the Statute of Limitations Apply?
In 100 years, the lies Wells Fargo told will still be lies. What they did will still be fraud. The account documents they have on file will not have changed, and Wells Fargo's actions will still be criminal

Wells Fargo knew exactly what they were doing and for four years they repeatedly lied to me and two government agencies about what they had done to cover it up, while they ran the clock out on the statute of limitations. Once the statute had run out, they were home free.

Once they got the lawsuit dismissed, Wells Fargo promptly foreclosed on my home, because I couldn't afford to pay for the losses that I suffered as a result of their crime, and make my mortgage payments too... but that's not where it ended.
Callers put on endless holds
that were never answered

The company that Wells Fargo hired to foreclose on my home (Cal Western Reconveyance), had actually filed bankruptcy, closed their doors and went out of business, well before they foreclosed on my home. Their offices had been abandoned for months, yet their automated system was still answering the phones and placing callers on an endless hold, in an attempt to trick people into believing they were open for business and 'the next available representative would be on the phone with them shortly', while they silently disappeared. 
Wells Fargo was surely aware that Cal Western Reconveyance, the largest facilitator of foreclosures in the Western United States, had filed bankruptcy and closed their doors, amid allegations that they were so strapped for cash, they hadn't even paid their own employees for months, yet Wells Fargo allowed this company to proceed with my foreclosure, with no substitution of Trustee.

Cal-Western Reconveyance claimed that their parent company had taken over as Trustee, but their parent company, Prommis Solutions filed bankruptcy months before Cal-Western had, as did Butler and Hosch, the company that owned Prommis Solutions... but wait, there's more 

My house sold for more than double what I owed on the loan, so Cal-Western paid Wells Fargo what I owed them and kept the surplus funds for themselves (over $300,000) and disappeared like thieves in the night, while Wells Fargo spent months lying to me and refusing to give me any information on who to contact, to cover up for them.

If Cal-Western was out of business, how did they pay Wells Fargo?
You can't be out of business and in business at the same time

Despite my repeated written and verbal demands for Wells Fargo to give me the information on who I needed to contact to claim the surplus funds from the sale, they always had some excuse for why they couldn't give it to me, because Wells Fargo wasn't about to tell me that the company they hired to steal my home, had also stolen the money I was owed. So they continued to stall and put me off, to buy themselves some time. 

During one of the countless phone calls I made to Wells Fargo, trying to get the information I needed, they had one of their Executive Mortgage Specialists in theIr Customer Care and Recovery office, tell me that I was not entitled to ANY of the proceeds after being foreclosed on, in an exceedingly demeaning and dehumanizing (and recorded) telephone conversation, that began with him belching into the phone while I was speaking to him.  

I contacted his supervisor, Melissa Delariva in Wells Fargo's Executive Office, to discuss the way he had treated me over the phone, and she promised to look into the matter and get back to me the following day. I never heard from Ms. Delariva again, despite the many attempts I made to make contact with her, as well as her supervisor, Cathryn Bower, and the numerous voicemail messages I left for both of them.
Click here or use the player to listen to my call with Ms. Delariva:        

That's when I realized that Wells Fargo had put out a red flag warning on their employee computer system about me, instructing their employees not to have any further contact with me and to transfer my calls to a recording, advising me to contact their attorney, Steven Sidman, as soon as I identified myself.
Click here or use the player to hear my call transferred to the recording  

Click here or use the player to listen to another example   

Wells Fargo was intentionally preventing me from contacting them, because they knew that Cal Western went out of business and kept the money that I was owed, and they didn't want me to find out about it, until they could figure out what to do.

Because I am terminally ill and unable to work, the $300,000 that was owed to me from the sale proceeds, was all the money that I had left in the world to hire movers and rent storage space to put my belongings into, but that money had essentially been stolen from me by Cal-Western Reconveyance and Wells Fargo knew it. 

On the morning the sheriffs were scheduled to lock me out of my house, all of my belongings were still inside, because I had no money to hire movers and I was too weak to move them myself. When the police arrived, I was arrested and thrown in jail for 17-days before I could raise the bail money, because I had put a sign in my window warning people to keep out, while I desperately begged Wells Fargo to help me.

That morning, on top of losing my home, I also lost everything that I have ever owned in my entire life, because of Wells Fargo's dishonesty.

Seventeen days later, I was released from jail with no place to go. My home and belongings were now gone and I was forced to live in my car in the heat of the summer, and fight for my life against the illness that is killing me.

A friend started a petition on my behalf, asking Wells Fargo to give me the money I was owed before I died, and although the petition garnered over 56,000 signatures, Wells Fargo still wouldn't give me the information on who I needed to contact... because Cal-Western was out of business and there was nobody for me to contact, and Wells Fargo knew it.

But there was still hope. California law requires the party who bought my house, to store any belongings left in the home for 90 days before disposing of them. 

Good fortune finally did come my way... for a moment

It turns out that a friend of a friend, is a California State Assembly attorney and when she heard what had happened to me, she offered to help. Together with the Attorney for the California State Banking and Finance Committee, they pressured Wells Fargo into telling them who had my money and how to contact them.

For weeks, Wells Fargo continued to drag their feet and make excuses for why they couldn't tell  me or the State Assembly attorneys, who had my money and how to contact them, but when the Attorney General's Office got involved, Wells Fargo quickly realized that it was time to start cooperating.

On August 1, 2015, nearly 5-months after I first asked Wells Fargo to tell me who to contact to claim the money I was owed, they finally gave the information to the State Assembly attorneys. The law firm of Wright, Findlay and Zack was now acting as the Trustee for the bankrupt and long shuttered, Cal-Western Reconveyance.

I was contacted by a smug Kelly Tyler, at Wright, Findlay and Zack and quickly realized that they were also intending to drag their feet for as long as they possibly could, telling me that after nearly 5-months, they still needed a couple more weeks to review my file, before they would give me my money.

Kelly began lying to me immediately, claiming that they would have reached out to me sooner, but they did't have any contact information for me and had to do a search. A less than believable lie, considering that 2-months earlier, I had updated my contact information with Wells Fargo, who knew exactly where and how to reach me. Wright, Finlay and Zak were also given my contact information by the State Assembly attorneys who tracked them down.

Once the money had been located and arrangements were made to get it to me, I contacted Wells Fargo attorney, Steven Sidman and begged him to expedite the process, so I could get the money in time to redeem my possessions, before they were disposed of. Not an unreasonable request, considering the circumstances and that there was still more than 2-weeks left on the 90-days. 

Letter to Wells Fargo's attorney, Steven Sidman:

The check was finally sent by Fed-Ex overnight and I received it 3-days after the 90th day... With a 10-day hold placed on the funds, by none other than Wells Fargo Bank. My belongings were gone forever.

And here's the icing on the cake. Everyone wants a piece of the pie, and foreclosure law firms are at the front of the line with their filthy hands out, charging ludicrous fees for things that they just make up names for. Cal-Western charged me all of the "standard" fees they could legally get away with, and I got charged most of those fees again when I got my money from the law firm acting as Trustee for Cal-Western Reconveyance.

I guess Wells Fargo and their shady partners just couldn't resist 
ripping me off one last time... for old time's sake