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Case ID: 3802 | Credit / Debt | 10/19/2004
A class action has been filed against Wells Fargo Home Loans, Inc., an owner and servicer of residential mortgages, for charging hidden fees and costs to homeowners who have filed for protection from creditors under bankruptcy law. The class seeks compensatory damages, attorney’s fees, costs and injunctive relief.
The case arises from an alleged scheme by Wells Fargo against people in bankruptcy to charge attorney’s fees and costs without approval of a court of law. The class alleges that Wells Fargo accrued and misrepresented these fees without disclosure until debtors were out of bankruptcy or at the time the mortgage was paid off to avoid bankruptcy courts. The class also alleges that Wells Fargo used extortive behavior and made illegal demands for payment of these fees to which they are not entitled. Specifically, the complaint alleges that Maureen Dougherty executed a mortgage with Wells Fargo. She filed for Chapter 11 bankruptcy in March of 2000, which was confirmed in October of 2000. During that time, Wells Fargo transferred the defaulted mortgage to G.E. Capital Mortgage Services, Inc. On May 19, 2004, Dougherty refinanced her house and attempted to pay Wells Fargo the full amount of its payoff statement. However, Wells Fargo included a charge of $3,678.50 for “Recoverable Corporate Advances” which represented attorney’s fees and costs. Dougherty claims that most of these charges are illegal and filed this law suit.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Credit / Debt Cases of Interest The parties have reached a tentative $185,000 settlement in a class action filed against Sears National Bank, doing business as Sears MasterCard, on behalf of all Sears National Bank MasterCard holders who participated in the March 2001 promotion offered by Sears MasterCard for 2.9% interest for four months on all promotional checks clearing Sears National Bank on or before May 1, 2001, and who did not receive the 2.9% interest rate. Claim forms must be postmarked on or before October 30, 2004, in order to be considered valid. A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against the Family Credit Counseling Corporation for violations of the Federal Credit Repair Organization Act. Class members seek compensatory, statutory and punitive damages, injunctive relief, attorney's fees and costs of the litigation. A class action lawsuit has been filed in the Southern District Court of Indiana against Commonwealth Financial Systems, Inc. for violations of the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from engaging in abusive, deceptive and unfair collection practices. Class members seek statutory damages, reasonable attorney's fees and costs of the litigation. A letter was sent out last July or August about the theft of personal and financial information by an employee at Certegy Check Services, Inc. A settlement has now been reached about that theft. A class-action lawsuit was filed on behalf of a tenant of Villas Parkmerced, San Francisco's largest apartment development with 3,456 units. A class action lawsuit has been filed against debt collection company PA R&D Enterprises, Inc., its subsidiary Judgment Busters, Inc., and Duane Gida, on behalf of people who claim that the debt collection companies misrepresented themselves in violation of Pennsylvania state law and the federal Fair Debt Collection Practices Act. The suit also alleges that the defendants made false, deceptive and misleading representations to the Luzerne County Court. |
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