Plaintiff was approved for a Making Home Affordable Trial Modification and began making payments. Plaintiff’s wife passed away during this time, however, Plaintiff continued to make the mortgage payments. Plaintiff was approved for a permanent HAMP modification, which required his and his wife’s signatures. When Plaintiff informed his lender that his wife passed away, Wells Fargo advised Plaintiff not to sign the agreement until a new one could be issued. Plaintiff did not sign the agreement; however, Plaintiff continued to make payments per the modification. After 10 months of payments, Wells Fargo refused to accept further payments and began foreclosure proceedings claiming Plaintiff failed to sign the modification agreement.
Plaintiff filed his lawsuit to protect his home against foreclosure and enforce the modification agreement.
LAWSUIT IS ONGOING