Lawsuit Investigation: Did Wells Fargo Send Illegal Notice of Default Letters?
Last Updated on August 21, 2023
At A Glance
- This Alert Affects:
- Anyone who fell behind on mortgage payments and then received a letter from Wells Fargo concerning their non-payment.
- What’s Going On?
- Attorneys have reason to believe the mortgage servicer sent out “notice of default” letters that may have falsely implied that homeowners’ loans would be accelerated – meaning the full amount of the mortgage would be due – if they failed to pay the money they owed within a certain time frame. If so, it’s possible a class action lawsuit could be filed over possible violations of federal debt collection law.
- How Could a Lawsuit Help?
- If filed and successful, a class action lawsuit could help consumers recover money and force Wells Fargo to stop including potentially misleading statements in its letters to borrowers.
- What You Can Do
- If you received a loan acceleration letter (a copy of which is pictured below) from Wells Fargo after falling behind on your mortgage payments, fill out the form on this page to find out how you can help the investigation.
Attorneys working with ClassAction.org would like to hear from homeowners who received a notice of default letter from Wells Fargo after falling behind on their mortgage payments.
They have reason to suspect that the mortgage servicer may have sent letters containing potentially false and misleading statements intended to intimidate borrowers into making immediate payments – including by threatening loan acceleration and foreclosure. The attorneys are now looking into whether a class action lawsuit can be filed against Wells Fargo over possible violations of federal debt collection law.
Did you receive a letter from Wells Fargo stating that your mortgage loan could be accelerated if you didn’t pay the overdue amount by a certain date? If so, help the investigation by filling out the form on this page. The more people who come forward, the better chance the attorneys have at getting a class action lawsuit on file.
What Did These Letters from Wells Fargo Look Like?
A copy of one of the letters can be seen below.
Why Might the Loan Acceleration Letters Be Illegal?
In the letters at issue, Wells Fargo suggests that it will accelerate a homeowner’s mortgage loan and/or initiate foreclosure proceedings if they fail to fully cure their default by a particular deadline. If Wells Fargo accelerates a loan, the borrower must immediately pay the entire amount of the mortgage.
However, attorneys believe Wells Fargo may have no intention of taking the measures represented in its letters. Rather, it’s possible that the mortgage servicer may have made false and misleading threats to intimidate borrowers into paying their delinquent balances, even if such payments are beyond what’s necessary for the homeowner to avoid acceleration or save their home from foreclosure.
Attorneys are now investigating whether Wells Fargo made false statements to borrowers in violation of the Fair Debt Collection Practices Act (FDCPA), a federal law prohibiting debt collectors from using false representations or deceptive means in an attempt to collect debt from consumers. It is also illegal under the FDCPA for a debt collector to threaten to take action it does not intend to take.
How Could a Class Action Lawsuit Help?
If filed and successful, a class action lawsuit could help compensate homeowners who received potentially illegal loan acceleration letters. It could also require Wells Fargo to stop including any potentially misleading statements in its notices.
If you received a loan acceleration letter from Wells Fargo after falling behind on your mortgage payments, fill out the form on this page. You may be able to help get a class action lawsuit started.
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