Homeowners Sue Wells Fargo for Unfair Treatment that Led to Foreclosure

by San Antonio Attorney

A veteran homeowner and his wife are suing from Wells Fargo for allegedly mistreating the plaintiffs that led to the foreclosure of their home.

Donald Manning and Kimberly Manning filed a case against Wells Fargo Bank NA claiming the bank failed to honor their contract, unable to give significant details of the couples account, did not accept their payments, and unfairly attempted to collect on payments.

Mr.  and Mrs.  Manning said they took a loan amounting to $94,000 on June 23, 2005, for the house and lot in West Virginia community of Core.  According to them, the mortgage loan’s note and deed of trust includes a contractual security by the U.S. Department of Veterans Affair that would require Wells Fargo to follow the laws and regulations of VA-guaranteed loans.

Then in October 2011, they said they entered into a settlement with the bank due claims of mistreatment in servicing their loan.  They principal balance was reduced to $70,331.76 with a new term and due on Oct. 1, 2041.

Sometime in 2015, Mrs. Manning was unemployed and had no income.  The couple made efforts to keep up with the regular mortgage payments but could not afford it since their only income was Mr. Manning’s disability benefit.  They tried to communicate with Wells Fargo many times to consider loss mitigation alternative but were fruitless.

Even though they were having financial problems, the couple continued to make partial payments, but the bank refused to accept their payments.  Moreover, the couple claims that Wells Fargo did not provide them their statements of their account.

Mr. and Mrs. Manning are seeking for actual and compensatory damages, civil penalties for breach of VA regulations, a provisional injunction of the foreclosure, equitable relief, attorney fees, and other related costs.

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