
PHOENIX — Bobbi Giguere had no luck in securing a loan modification from her mortgage servicer, Wells Fargo. For months, she had sent the bank the financial documents it requested to process her modification. But each time she called to check on the request, she was told to send her paperwork again.
“I submitted the paperwork three times, and nothing happened,” said Mrs. Giguere, 41, who has a high school education and worked as restaurant manager before losing her job.
On Thursday, something happened. She questioned a Wells Fargo official about the bank’s lack of response — under oath.
The spectacle of a high-ranking banking executive being grilled by an ordinary homeowner was the result of an unusual decision by Judge Randolph J. Haines of the United States Bankruptcy Court to summon a senior executive from Wells Fargo to appear in Mrs. Giguere’s bankruptcy case.
At the hearing, Judge Haines made it clear that he was acting out of concerns about Wells Fargo’s mortgage modification practices generally.
“This is certainly not an isolated case,” he said. “The kind of story I hear from this debtor is one that I and other bankruptcy judges around the country are hearing over and over and over again.”
With consumers complaining about the difficulty of getting any response from their mortgage servicers, the effectiveness of the Obama administration’s plan to provide homeowner relief is being threatened. As they wait for an answer on whether they might qualify, homeowners are succumbing to foreclosure and bankruptcy proceedings and winding up in courts — at times in front of judges who are also frustrated.
Ms. Giguere filed for bankruptcy protection as she was trying to keep her three-bedroom house in a Phoenix suburb, where she lives with her 15-year-old son. Representing the bank at her hearing on Thursday was Joseph Ohayon, senior vice president of Wells Fargo Home Mortgage Servicing.
Under preliminary questioning by one of the bank’s lawyers, Mr. Ohayon stated that Mrs. Giguere had repeatedly failed to provide a financial worksheet, a critical document in processing a loan modification.
Under cross-examination by Mrs. Giguere (who had a little assistance from Judge Haines), the bank’s defense withered. From her files, Mrs. Giguere produced a letter from Wells Fargo describing the paperwork that she needed to file for a loan modification. In the witness chair, Mr. Ohayon read the letter.
“Mrs. Giguere is right,” Mr. Ohayon concluded. “The letter did not ask for a financial worksheet.”
Experts said the hearing in Phoenix reflected rising frustration by federal bankruptcy judges with mortgage servicers, which process payments for banks and the investors who own large pools of loans. In recent months, judges in Ohio and Pennsylvania have chastened mortgage servicers for failing to process payments properly and for errors in foreclosure filings, among other concerns.
“The judges are seeing more and more of a pattern of indifference to record-keeping and good business practices,” said Robert Lawless, a law professor at the University of Illinois who specializes in bankruptcy law.
One of the biggest complaints by homeowners has been poor communication by mortgage servicers on the status of their applications for loan modifications. In the case of Mrs. Giguere, Wells Fargo decided back in March shortly after she faxed the bank her application that she did not qualify for the Home Affordable Modification Program.
She did not learn of the bank’s decision until Thursday.
“When did you tell the debtors that their loan was no longer being considered for modification?” Judge Haines asked Mr. Ohayon.
“We haven’t. They’ve never been told,” said Mr. Ohayon, adding: “Customer communication is something we’re taking a serious look at, your honor.”
The hearing with Wells Fargo did not result in any sanctions against the bank for its failure to provide timely information to Mrs. Giguere about her mortgage modification application. But the bank did pledge to improve its communications with customers and to explore avenues for increasing the ease with which homeowners can seek loan modifications.
Wells Fargo has also scheduled a three-day seminar at the Phoenix Convention Center, beginning on Tuesday, in which customers who have submitted loan modification applications can meet with a bank representative in person and learn whether their application has been approved or denied.
Wells Fargo has been criticized for its slow pace in modifying mortgages under the Treasury Department’s foreclosure prevention initiative, which was begun in April. The bank has started trial modifications on about 20,000 home loans under the program, or 6 percent of those who meet the program’s guidelines. JPMorgan Chase, by comparison, has begun modifications on nearly 20 percent of such loans. The banks’ information was issued in a recent report from the Treasury on the progress of the program.
At the hearing, Wells Fargo blamed a series of revisions in the program by the government for the slow pace.
It has also pledged to renew negotiations with Mrs. Giguere over modifying her home mortgage. Yet difficult financial circumstances make it unclear whether she will ultimately be able to keep her home, mortgage modification or not. She has recently gone on food stamps and is receiving free state medical aid; her $240 weekly unemployment check is her main form of income.
When her home shot up in value, she refinanced it several times, pulling out equity to pay off credit card debt and other expenses. She and her husband are divorcing, and he is no longer willing to help pay the mortgage. With little in savings, she has not made a full mortgage payment since November.
“I’m not perfect, I’ll be the first to admit that,” Mrs. Giguere said. “I’ve fallen behind.”
#1 by Tammi on September 29, 2009 - 1:10 pm
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I feel for Mrs. Giguere. I myself have the same mortgage company, Wells Fargo. And was told the same thing, my husband lost his job, 2 yrs ago, weve drained our savings to keep the house. Weve submitted all the paperwork 3 times as well, with no responce from Wells fargo. We called them 2 times a week for 3 months. After 7 months, they said that we didnt qualify for anything, and that they were going to proceed with forclosure. We were forced to file for bankrupcty, and will end up losing our home.
#2 by Olivia on October 11, 2009 - 5:09 am
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I have been attempting to get a loan modification from Wells Fargo since April. I have submitted my paper work by fax 5 times and mailed it once. I have called W/F over 20 times and each time it is the same thing 1. resend paper work 2. someone is working on it 3. resend paper work and recently I received a letter stating that they are just starting to work with people like myself who are not behind but financially need the payments reduced because of a serious decrease in income. The website that W/F gives for people to check on the modifications WellsFargo.com/assist is absolutely no good. How legal is it for W/F not to give a monthly mortgage statement to anyone who is attempting to get a modification?
#3 by Cindy on October 11, 2009 - 4:56 pm
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I faxed paperwork to Select Portfolio Servicing who got my 40 pages of faxes after 4 attempts and one certified signed for mailing to them. They finally realized they got it and set up a payment for us for a some called three month trial modification period, but stated that foreclosure is still in conjunction with this trial period. I sent them the money for the first payment of October 1st. On October 6, I got a dated letter stating we don’t qualify for the modification program. Beware. They are taking the first payments and denying the unemployed people.
#4 by anwar shawwaf on October 13, 2009 - 8:13 am
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every thing I read so far is true I filed all paper work mid July for 3 month trial perid every time I call thay say incompleat application I finaly got some one thats seem to no whats really going on he said I was missing only 1 piece of papper which is the cover sheet of my taxes.which I sent 3 times by over night mail and 6 time by fax and called to conferm fax thay said it takes 3 to 4 days to confirm fax my last deal was 2 weeks ago I don,t realy care one way or the another I just want to Know yes or no so I can do something’. it seems to me its just like spinning wheels wear not going anyware .. ps countrywide//bank of america..
#5 by Betty Ritchey on October 15, 2009 - 9:32 am
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When my adjustable mortg refi date was within 6 months of due date, I began shopping for a new mortg. I experienced the same lack of acknowledgement of receipt of application papers, as well as no return of phone calls. I have a credit score in the 700’s and no late mortg payments. two lenders did offer a refi but with extremely high closing costs. I then asked my home equity lender for an “interest only” plan and got both the other loans cleared (paid off). Meanwhile I expect the housing market to level off & regain value at which time I will be ready to sell my home. People need to ask their lender what other financing they offer before payments are missed and credit score suffers.
#6 by Olivia on November 11, 2009 - 4:26 am
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Well, Wells Fargo did me the same way they are doing everyone else. After waiting 7 months and constantly sending in the same paperwork they denied the modification. I don’t know how they can say I don’t qualify. My children and I were abandoned by my husband of 21 years. So when he left so did his income about $100,000.00. I have been paying my entire paycheck to pay the mortgage to keep the house out of foreclosure hoping for the modification. I don’t know what to do now. Do they really want me to just let the house go into foreclosure? Is Wells Fargo saying that they would rather the house go into foreclosure rather than to help me keep it? I wonder what their plan is for all of the foreclosed houses. I make every single payment on time, I don’t understand them not helping me. I don’t know how much longer I can keep it up. The mortgage literally takes up my entire check and we live off of my part-time job money.
#7 by Salgal on January 21, 2010 - 7:53 am
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YUP got ridiculous modification and now starting over for fifth time. Wells really sucks…. so I quit making payments and now they are beginning to get serious, but sent me a ridiculous modification, now I have to start over….. They are the worst!
#8 by Judy Hanna on January 26, 2010 - 11:40 am
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I am frustrated with Wells Fargo, we have both lost our jobs due to Chrysler down sizing, we wer’e 7 months behind last year and in forecloser, instead of lowering our intrest rate like the Obama plan stated, they just tacked on the amount we wer’e behind and brought us up to date, still not helping us out, but we wer’e pointed out that at least we wer’e still in our home!Yeah for how long!! I also had to send in 3 different sets of paper work and we are as of today back in modification again, it’s not fair that they won’t help homeowner’s stay in their home ,but will sell it in a sell for no more than half it’s worth! I have called and all I get is it’s still in modification, no one will help you, where is the help Obama’s plan said would be there?