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Lynette's complaint to the California Department of Corporations
(DOC)
I deleted her personal information and formatted
her complaint for easier reading on the web.
RETURN TO: STATE OF CALIFORNIA
DEPARTMENT OF CORPORATIONS
FINANCIAL SERVICES DIVISION - COMPLAINT DESK
320 WEST 4TH STREET, SUITE 750
LOS ANGELES, CALIFORNIA 90013
I wish to file a complaint against the company names below. I understand that the Department of Corporations does not have the authority of a court; therefore, it cannot enforce, interpret, modify, rescind, or cancel loans, contracts, escrows or other transactions, nor can it order the return of money, award damages, or otherwise settle claims. I understand that I should consult an attorney for any problem of this nature and that the Department cannot provide legal advice or services.
PLEASE TYPE OR PRINT CLEARLY. COMPLETE ALL SECTIONS OF THIS FORM.
Name of Company: Wells Fargo Home Mortgage, Inc.
Address:__________________________________________
City:___________________________________Zip
Code: _____________
Telephone (800) 274-7025
Kevin C. Hunt Bankruptcy/Foreclosure Department
800-868-0043 ext.
4145 PHONE (704) 329-3265
FAX
I have contacted the company complained about: Yes X No____
If so, list the date(s) and person(s) contacted.
April, May and June 2001: Contacted, faxed, and sent all receipts to Amie Tancas at the Buckley Firm (BK attorney for Wells Fargo)
July 2001: Joanne, Laureen and Mary DeGreef Ynez Road Branch Wells Fargo Temecula, Phone number (909) 676-5602 Fax (909) 694-5963. Presented receipts, they were working with WFHM to get my payments credited.
November 16, 2001: faxed all receipts to Crystal and Kelly with WF research at 704-329-3265.
January 2002: Candy Heth from T. Edward Malpass office again contacted Amie Tancas, of the Buckley firm Wells Fargo attorney. She was not responded to, T. Edward Malpass then sent out a letter inquiring why Wells Fargo sent a check to me. He was told Amie would get my file and get back with them. Mr. Malpass then asked what my total arrearages were so he could put together a repayment plan. There was no further contact that I am aware of.
February 2002: Kevin C. Hunt; Bankruptcy/Foreclosure Department 800-868-0043 Xt-4145-PHONE (704) 329-3265-FAX . Mr. Hunt said my file was assigned to him by the department manager Lisa Fletcher-Buck. He had JUST been assigned my file, and had not had time to go over it, However he DID ask for a copy of the check Wells Fargo sent me, regular mail, to prove I received it. He said it was his job to help me.
I have contacted an attorney: Yes_X__ No_If so list his/her name, address and Phone number:_
Pat Ashcraft, 47107 Winchester Rd. #105, Temecula, CA. (909) 698-5079 Phone- from January 2001 to October 2001 (about this situation)
T. Edward Malpass 101 Pacifica; Irvine, CA 92618 -Tel: (714) 424-0040-Fax: (714) 424-0048 from October 17,2001 to February 13, 2002
I have filed a lawsuit regarding this complaint: Yes___ No_X__
If so, list the case number, and name and address of the court:
_____________________________________________________
_____________________________________________________
I will sign a sworn statement regarding these charges if needed: Yes__X_ No___
Copies of the following documents are attached to and are made part of this complaint.
- Wells Fargo Declaration of Default, signed under penalty of perjury by Tammy Cyphers on July 23, 2001 - stating no payments had been made since February 2001.
- CPA (deleted) payment analysis dated 2/11/2002, including Exhibits A - G, the payment receipts and cancelled checks proving that MANY payments had been made after February 2001.
- Wells Fargo Feb. 2002 Loan Activity: 6/2001 - 2/2002 (showing the credited payment on 8/28/01, AFTER the motion for relief of stay was granted, and the reversal in December of those payments)
- Wells Fargo Oct. 2001 Loan Activity: 3/2001 - 6/2001 (showing the March 6th payment, partial credit of the $3000 payment, I lost the receipt for, Amie at the Buckley firm denied. Also showing the May 9th payment)
My full name is (Print)___ ___(deleted)___________________________________________
Home address______(deleted)___________________________________________
City__(deleted)________________________________ Zip ode______(deleted)
Telephone No. (909)__(deleted)___________________________________________
E-Mail Address___(deleted)___________________________________________
Telephone No. I can be reached at during the day (909)_(deleted)______________
The information provided is furnished voluntarily. I understand it is not mandatory that I furnish the requested information but failure to do so may delay or even preclude further consideration of my complaint. If the Department has requested of me and I have provided personal information, I may subsequently review this information as long as it is maintained in the Department files.
I understand that a copy of this complaint may be sent to the company complained about. If a copy of this complaint is sent to the company complained about, my complaint will remain a part of your confidential files.
Stated as briefly as possible the essentials of my complaint are as follows: (I have tried to answer the questions “who”, “what”, “where” and “when”. I have included full name(s), address(es), and telephone number(s) of any witnesses present during the transaction(s). I have submitted all of the information I have. I have attached a copy of all contracts and other pertinent papers [Loan papers, escrow papers, checks (both sides of checks) and receipts relating to my complaint]. I HAVE NOT SENT ORIGINALS; I UNDERSTAND DOCUMENTS CANNOT BE RETURNED.)
In spite of MANY attempts to convince the Buckley Firm and Wells Fargo that our payments WERE made, they filed the Declaration of Default with the Bankruptcy Court in order to foreclose on my home. The Relief from Stay was subsequently granted and the bankruptcy was dismissed.
My attorneys and I called and faxed receipts throughout 2001,to Amie Tancas at The Buckley Firm, Jeannie at Temecula Wells Fargo branch, and Crystal and Kelly at Wells Fargo research trying to resolve these accounting discrepancies. Wells Fargo's OWN payment history even shows some of the payments OMITTED in their filing with the Bankruptcy Court. However, some cash payments made at the Wells Fargo branch do NOT show up although I have receipts.
I hereby request that you investigate this matter ASAP and forward this matter to the Attorney General for a criminal investigation.
Please let me know if you would like any more information or documentation. For the most current status and many scanned documents you may also view http://creditcourt.com/lynette/.
Date: 2/17/02_Signed:______Lynette _(deleted)_________
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