OUR PERSONAL NIGHTMARE / WHAT HAS HAPPENED TO US
We went to Wells Fargo to refinance our property
in order to purchase our retirement home by taking the over
$350,000 in excess equity we had earned over 25 years of ownership
and restoration. With a credit rating of 764 we were immediately
approved, however at closing everything changed, we were given
a take-it-or-leave it "consolidated" mortgage which was to
be a completely new mortgage and note. The commitment letter
called for the paying off of all prior liens and mortgages,
which was done,
however, while the original mortgage was paid off,
WF never filed
the satisfaction of mortgage, and foreclosed on it later.
WF then mailed us the
Certificate of Loan/Payoff (jpg) notice that the original mortgage was
paid off, and followed up the next day with a notice that
that WF would be filing the
Satisfaction of the Mortgage (jpg) with the County Clerk.
They never did,
and then later foreclosed on the original paid and satisfied mortgage,
a clear violation of law.
For further expansion on our fight, please read the
Dodd Letter and see below.
We have appealed
the foreclosure action along with
several decisions of lower court rulings, which
incredibly
has given the Wells Fargo's law firm every conceivable break and
consideration to the point of ignoring and breaking black letter law.
| You MUST see our 14 points on
OUR APPEAL site
which challenges the WF and their attorney's actions in the
NYS
Supreme Court. Our appeal has been perfected, filed, we recently
received WF's Brief in Opposition,
and we filled our REPLY BRIEF which makes for
very interesting reading.
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