Lynette sent me this e-mail and asked me to post it for her:

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I must tell you I read your entire web site. Now, I am a Bay Area native x6, so perhaps I was prejudice, but I think you rock!

While I am a Realtor, and I can see potential problems with my clients contacting you questioning my job, I realize there is a huge majority of agents that will gouge anyone for a buck. My problem lately is clients so concerned and "informed" they question everything I do as if I am lying to them, while asking numerous others and taking differences in opinions as a slam against me.

I am for the little guy, my first month in Real Estate, I went (not a short trip) at my own expense to the head of HUD (just appointed) on behalf of a client, her husband left her with 3 small boys, she was laid of (by her brother in law) for being unstable at work during the divorce.... her soon to be ex filed BK, that is where she lost her rights.... I spent many, many , many days , hours etc on her case , because it was so unjust. She was denied time to sell her home because of the BK, HUD in Santa Ana and a gray area to deny her, when I fought it, and believe me they hated me, I continued to find someone to listen to reason instead of spewing out stupid BS on their files. I was typing away at what would be hours of rehashing, and decided not to bug you.... Suffice it to say, I fought the cause and won her rights and earned her money to move.... I am a Realtor who TRULY cares for my clients, even at the loss of my own income many times.

I came to your site from the article on Transamerica... I have had similar problems with Wells Fargo, I mean me, personally.... I had cancer and did a mortgage modification, and then Wells Fargo bought Norwest.... I was told by all the idiots with the Wells Fargo bank ... we are working with you, now we are faced with Wells Fargo losing 7 cash payments I made in their branches.... now they are questioning the validity of my receipts, and the 2 receipts I cannot find I am screwed.... I am not a stupid person by any means, I had a bounced check because of a hold on a deposit, and it made my mortgage late, I was told I would lose my home ....I thought cashing my checks and paying cash would be smart......YEAH RIGHT!!

They pulled crap and I was forced to file chapter 13 to protect myself, and then they told the trustee I had made no payments, and although I provided the proof I had to my attorny, she said it was more work than she wanted.... I hired another attorney, while he told me he was on it and had his I thought very competent paralegal on the case, making all the right calls, and telling me she found the right people......this was in OCT...... I received a check from Wells Fargo, re:cash, to myself, no letter no nothing in Jan. Now my attorney, says I have no recourse......Wells Fargo was granted a relieve of stay by saying I had no payments post petition, even though I had, now the ones that were cash are being "investigated" I had no recourse or rights, they straight out lied.......I have 5 minor daughters and the stress of this CRAP has me near a total mental breakdown. My home has about 80,000 in equity...they want it, there is so much more to this story....

I feel like nobody cares, Justice means nothing......if it requires a lot of work, nobody cares....I am not a wealthy or powerful woman...I am fortunate enough to be friends with probably the most honest man ever...." and a CPA, the former CFO of Western Digital and internal auditor of Price Waterhouse, he is going over all my accounting to put together a CLEAR accounting of my account.....who knows if it will matter..........

See, I may sound insane, but this is quite normal treatment for the powerful banks.... They have all the rights, our rights as consumers can never be protected, because we cannot guarantee representation....there is not enough money to be made to warrant the time it requires.

As a Realtor, I offer my help to people in distress, I NEVER work on a bank's behalf, because they are dishonest, and I don't need to earn my living in the pain and blood of victims.

This is why I admire you, I sense the same and more from you... If I can help, or if you can offer any help or advice to me, I would appreciate it!! Please feel free to publish my letter.....if it makes sense...

Please feel free to call me (private number deleted.) Thanks for your ear and time.

Lynette Lum- Realtor
Century 21 Wright
(800) 899-7447 ext 236
www.TemeculaEstates.com
TemeculaEstates@hotmail.com

I really CAN imagine what Lynette is going through, I've been there myself, and with my clients.

A few days ago a mortgage broker lost his ability to get credit reports because Experian blacklisted him due to his work with the "credit challenged." I've been THERE too.

What a coincidence that both these e-mails arrived within a day.

And it made me think about what's going on. My entire outlook on life changed when I "experienced" the system full strength during my struggle with Transamerica in 1995.

Then FNMA in 1997, when the 10 year old girl's toys were hauled to the dump along with whatever else mom hadn't been able to move out after the eviction -- on FNMA's order, after I reviewed every single original money order receipt for every single payment, and AFTER I notified the FNMA attorneys of their mistake. FNMA had foreclosed on a single mom's house while ALL payments had been made -- after a Chapter 13 filing.

The CPS finally wouldn't allow the girl to stay with her mom in the cabin where they lived - I didn't think it was THAT bad a place. Mom had no job, she had been trying to fight the foreclosure and eviction for two years. She was writing to every politician, newspaper and organization you can imagine, and eventually found me. Nobody else wanted to hear it.

She did a ton of research, found out that the judge who ruled against her in spite of the money order receipts went to law school with the FNMA attorneys. She found out a lot of things, but nobody cared. She became suicidal, was lucky she could move in with her parents, and DID get her house back. But at what cost to her and her daughter?

Are you SUPPOSED to give up much sooner, keep the job, rent an apartment and pretend nothing happened?

This happens every day. Mostly to single parents, ill and/or old people -- the common denominator is FINANCIAL PROBLEMS.

Just like sharks are attracted to blood, once you have cash flow problems, you're fair game.

It can be triggered by as little as a bounced check or low credit scores, but often it's bankruptcy.

Once there's a filing like bankrutcy or a notice of default, unscrupulous banks, finance companies, mortgage brokers and real estate agents KNOW that you don't have the money for attorneys, certainly not for good ones.

Lynette touched on the business practices by real estate brokers, and I can assure everybody that it's the same for mortgage brokers and attorneys. Honest and competent professionals are the exception.

You'd have to have the time to find a good attorney first to fight any "illegal" activities. People with financial problems aren't only short on money, usually they're hustling to MAKE money, so they do NOT have time.

The banks and just about all the big corporations (like Enron) do whatever they can get away with - no ethics, no morals. And they CAN get away with it because

a) most people don't sue, and you can't find good lawyers when you need one (Lynette just learned that)

b) most of the media is in on it, they're also corporations and of course need the corporate advertisements, so they won't report on those outrageous cases.

c) we all know that most (all?) politicians are on the corporate payroll

ALL these things really tie together.

Holden Lewis, Senior reporter, Bankrate.com, tells borrowers to go to mortgage brokers for credit repair, many times I have read real estate advice recommending to work with several agents. And of course the media credit advice is THE worst: "The CCCS will help you ...."

Maybe these reporters just don't know what they're doing?

Maybe they'd give better advice if they knew better?

I've actually taken extensive time to explain all this to Holden Lewis and Greg Fisher, the source of that idiotic idea to sent the general public to mortgage brokers for credit repair. But it's like talking to a rock.

It's like reporters are on a mission to exterminate every honest and competent professional in this country.

There's Kristy Welsh, who wrote a book on credit, and who HAS to know better, yet she still sends people to the CCCS.

I think that's really the source of all problems, all these people who just don't care about anything but the cash in their own wallet, with no respect or concern for anyone else.

Since Lynette DOES have a good friend, with accounting skills and cash, I really hope she'll sue.

We know there's nothing we can do about the corrupt politicians. Anything that could be done about politicians would require the media to publicize what's really going on.

So what can one do about the reporters and "experts" who refuse to publish GOOD advice and insist on spreading corporate propaganda?

You can't sue them, you can't beat sense into their brains, what can you do?

I read both the email I wrote you and your thoughts....Bravo!

I have been in a cloud of despair lately, See...I have been playing this wild goose chase with Wells Fargo for over a year....I panic and gather all my information and fax it to where they tell me, I send registered letters that are returned unopened, etc. Each time thinking, believing that I was being told the TRUTH, and it was ok, and they would right this terrible wrong.

I was so overwhelmed and actually paralized by the thought of having to open up all that stress again, to focus on this injustice, and not be able to work, or enjoy my children, or eat, or sleep, or think, or get dressed, and even began those terrible thoughts of wanting to just go to sleep and NEVER wake up.

I began to question my character, it seemed my presence caused all these horrible things...So I thought, "it must be me"

Even when my good friend gets the accounting information to WF, will it be too late? If not, then I face an accounting nightmare, WF sent my payments back, and refused the last couple, so that raises my principal, so the interest that is due goes up, and so do the penalties...The check they returned to me certainly was not near the amount of the payments they reversed. Will I be able to Pay the amount to now bring the loan current?

I sent everything over to my friend, and I, for the first time, feel I know I am in the hands of someone who cares....He will do what he can, what he knows, accounting. When I sent the last email with scanned receipts to him, I sat down and cried for an hour, I am totally mentally spent.

Now, I plan on waking up tomorrow and getting my behind back to work...I hope I can, I have clients that are counting on me, I need to be there for them.
I have 5 daughters that need me...I feel somehow that I have let them down, I got sick and it spiraled into this finacial mess, and now their security is threatened...

Its not like I was not responsible with my credit, I know how important it is, I had GREAT credit before the cancer.

If there is a way for me to sue, and some laywer that is willing to help me, I will... Wells Fargo needs to know what they have done to me, If I beat someone to a bloody pulp, for whatever reason, I would go to jail, and have to pay them for pain and suffering, time lost at work, etc. I have been beaten by Wells Fargo, the Courts, who took the lies that WF submitted as truth, by my original"attorney" that was supposed to work on my behalf,( but she had already been paid, and she had other clients, this was too much work for her, so she never filed an objection to anything). Wells Fargo needs to be responsible for what they do, not just a correction, but compensation, I had a panic attack today, I thought I was having an heart attack, I really believed I was going to die. I probably should have gone into the hospital for a couple of days my Dr said, I was seriously close to a complete mental and physical breakdown, I told him I couldn't, If I don't get back to work, all this is a moot point, I am paid commission, If I have no money coming in, I cant pay my mortgage... I know I have lost some business, new clients I was mentally unable to keep up with, so whatever their reasons will be, there are long lasting rippling effects on my life.

I am in the real estate field, which is how I knew what to look for, and how to deal with them at all, otherwise while I was on the phone last year talking with "David" in loss mitigation, while he was telling me no worries, they had all the documentation they needed, My home was going to Trustee sale...David said that was mistake, and it would be withdrawn.....I waited, and called, faxed, mailed, Loss Mitigation for the status for 2 months. The day before the "withdrawn" Trustee sale, I called the Trustee hotline, and it was still scheduled.
I hired an "attorney" that walked my Chapter 13 into the courthouse first thing in the morning, filed my BK, with my mortgage being the only thing in it, and came out to hear them postpone the sale of my home.

I am sorry for going on and on...However, I did want to comment on your last line....."what are we supposed to do?"

I believe you are doing it...
WE STAND TOGETHER, WITH ONE VOICE....
The more that hear us, the more that will join, and our voice gets louder!

The more people tell their stories, the more good, honest, hard working people that come forward, and know they are not alone, the more we all can help each other. People do care, somewhere out there...People that believe in the truth..

Even at first, if we can only offer a place to vent, Even if, we can only use our voice to tell their story, because they are in a place they can only whisper and cry....
Thats what you did for me.
Thank you

This is so overwhelming, what can you say?

So I just called consumeradvocate.net, a Cal law firm that does NOT take retainers, but they do not deal with cases involving real estate.

They gave me a number for a lawyer referral service:

They'll set up an appointment for you for $35 for 30 minutes, and then you can decide whether you want to work with that lawyer. They had NO info on lawyers who take cases on contingency.

THAT is exactly what's wrong with the system! You're supposed to shell out $35 AND of course the time to go there, without having ANY idea what you'll get!

I don't think Lynette should work with a lawyer who isn't confident that he'll win the case and work on contingency.

I have seen too many people spend what little money their PARENTS had on incompetent lawyers and it was a total waste. I remember talking to a lawyer who took $5K and was too damned STUPID to ADD. I mean simple arithmetic. I don't know how they pass the bar exam, but they're out there.

Since I haven't actually seen the receipts and the Wells accounting, I can't do anything. But if Lynette sends me the documentation, I'll certainly do whatever I can to help.

Hello Again,
I emailed copies of the receipts as jpeg files to you, and the excel spreadsheet , showing the payment history through August, My last payment was a double mortgage, and covered me thorugh Oct 1. Although the motion from Relief of stay was granted Aug 6, and the last payment was received by WF on 8/17 was put into suspense and THEN credited it my account 8/28/01. When I went to pay my payment for Oct, it was refused. That is where I am with this. I know that my double payment in March ($3000), that early on WF verified, is lost to me forever, as I can no longer find the receipt, and my copies were sent to the Buckley Firm, who cannot seem to find them either. My loss.
The second attorney that I retained in October, after my first attorney told me this was more work to straighten this out than she wanted, is submitting the receipts to the Buckley Firm, but hey, they had faxed copies since October, and did nothing with them, as the Powers to be at WF, were researching them, and would get back to my attorney, and no action would be brought against us during that time. My attorney nor I ever heard from WF, until I received the lone check, with the notation "cash", no letter no certified mailing.

In one of the jpeg files you will find Amie Tancas number and fax number, she was the one handling my account for the Buckley Firm, the attorney for Wells Fargo, they are the ones that presented the motion with no credit for any receipts they had or I had, thereforing showing 2 payments in 8 months.

Lynette, read your story. I understand to the utmost detail what you have been through and what could possibly be ahead. Do not give up ! I know of a past client that had similiar problems with her mortgage bank. She couldn't get to 1st base without talking to some blooming idiot about "not my job" or " your call is being directed to another party". Hell just yesterday, I called "voice mail" on my cell phone. I called back the number that was given to me and what the hell do you think was on the other end? A computer generated answer that said "sorry for the delay, your call will be answered shortly" There was no identification of the person answering or the name of the company or anything. I waited for this stupid machine to make three cycles and shut it off. How can these idiots expect anything other then what is due when they continue to scheme.

NOt to drift. About the person that had similar problems. They couldn't get any answers (they had proof of payments) so they contacted the Florida Department of Banking and Finance. (Compliance Division and Consumer Complaints)

This is a totally different approach. But remember you are now dealing on a State level with people that are given a job that must show results. The state people are extremely cooperative and will conduct an extensive and exhausting investigation on their nickel. Hell, its your taxes that make their paychecks. And guess who sits on their doorsteps waiting for any news of this type. Yep, there are plenty of little guys, TV Reporters that are trying to emulate Fox TVs popularity. I have seen it happen.

So without spending big money, contact your state department of banking and finance and make it known about your situation.

I certainly hope it helps, you need a break and not another kick in the ___.

Sincererly , REgisp

Thank for the information RegisP. I will find out the California Contact and start there...Thank you, I do not want to give up!

I never even heard of the California Department of Banking, wonder if it exists. Wells is regulated by the FDIC.

Hey Christine, Just for hits and giggles, take a quick look at www.florida department of banking and finance.
All mortgage brokers, lenders, banks, collection agencies are requlated by this department in Florida. I think that even if a bank is a natl bank located in florida, they truly are regulated by the FDIC but they also have to comply with Florida Banking Laws.

Keep up your mission, Thanks, REgis

In the Transamerica case the California Department of Corporations did the investigation, but unfortunately they found absolutely NOTHING wrong with Transamerica defrauding their customers - all Transamerica had to do was credit "some" money, no final accounting was ever delivered.

It also took a long time to get things going, BUT, at least they got some results.

Finally a little update:

Unfortunately, it's NOT the FDIC in charge, as Well Fargo has a separate mortgage corporation.

Although I'm still wondering about the "missing" payment made at the branch. I think I'll try the FDIC just for that.

So, most likely we're dealing with the California Department of Corporations. They're the agency who is guilty of allowing this mortgage fraud to go on: Transamerica's $15K *error*

Since those morons at the DOC merely make the corporations give the money back they stole, there is no incentive for mortgage corporations and law firms like The Buckley Firm to play by the rules:

My correspondence with The Buckley Firm

I've seen enough documentation to now change the topic of this thread to "Wells Fargo and the Buckley Firm conspiring to fraudulently foreclose ...."

I'll post major updates here, the details are in Lynette's new section at CreditCourt.com

The bankruptcy was dismissed after Wells Fargo and their attorneys The Buckley Firm KNOWINGLY submitted statements without the payments made by Lynette.

It seems that the bankruptcy court should impose fines or do "something" about that, but HOW do you bring this to the attention of the court with the bankrupcty dismissed?

File again?

Submit some kind of filing?

I hate to have to say it as it is, but Lynette is now with the 2nd attorney who is doing absolutely NOTHING.

My calls aren't returned. They aren't filing a thing, told Lynette today that her $500 retainer is used up, we have NO idea what if anything they did other than to make a couple of calls to the Buckley Firm and Wells Fargo, with absolutely NO results.

So Lynette's friend called the attorney, and now they're doing her this tremendous favor by not requiring an additional retainer for doing more of NOTHING.

I could pull my hair out ....

Anyway, you can't post in the legal forums because all you get is these $*&^*&#% wanting to sell their idiotic legal plans.

If anyone has any recommendations, I'd definitely like to hear it.

There's got to be something one can do to inform the bankruptcy court of those fraudulent statements submitted by Wells and Buckley and to reinstate the bankruptcy.

Or should I write a letter with the documentation at http://creditcourt.com/lynette/CPA-letter2-11-02.shtml and send it directly to the judge????

Lynette has done a tremendous amount of research and reading bankruptcy codes, and it looks like she has to reopen her dismissed bankruptcy to bring the fraudulent Buckley and Wells Fargo statements to the attention of the bankruptcy judge, and possibly a jury.

And, while I finally got a response from Wells Fargo, they are in no hurry to make things right. The loan is still in the foreclosure department and as of this afternoon the loan is still on track towards foreclosure.

Looks like Lynette really needs the bankruptcy court protection - Wells Fargo is NOT even offering a delay.

Since I'm not a lawyer, I can't file whatever lawsuits or motions that SHOULD be filed -- all I can do is help you file the complaints, you're the one who has to sign the dotted line and get those complaints to the regulators, starting with the DOC.

And, of course reopening the bankruptcy again is MUCH more than protection. The bankruptcy judge has LOTS of power, I didn't know until yesterday that you can have a jury trial in bankruptcy court.

The bankruptcy judge can award you 5 or 500 million dollars if he wants to.

If you don't want to reopen the bankruptcy, you really need to show Wells Fargo that you're serious. That unlike most people you WILL file the complaints, and do whatever it takes to find a GOOD lawyer and not just settle for getting the loan reinstated. Unless that's all you want.

You do that and you're dead meat. They WILL own your house sooner or later, if they think they have a chance of getting it.

You need to file the DOC complaint, put a copy on the web, fax a copy to Wells Fargo so they KNOW I wasn't kidding.

Finding a GOOD lawyer is just a matter of time, and not a priority right now. Your case is getting better every day, and so is your documentation. Wells Fargo is acting like they WANT to incur a huge judgment. Every day that goes by with Wells ignoring your file is another nail in their coffin.

But if I was in your place, I'd sleep better knowing that I won't be finding out about the sale when the new owner rings the doorbell.

I DOUBT that Wells Fargo will actually hold a sale knowing that you have all those receipts. BUT, I've seen stranger things happen and we have NOTHING in writing.

I've seen stranger things happen.

I have filled out the DOC complaint....I know you are not an attorney, and I know you have spent more time on me and idiotic WF than anyone else has. I am going to go in and talk to the Trustee and find out if I can do anything on my own, hopeflly in the meantime I can find an attorney that thinks and feels and fights like us.

I guess I am beside myself that WFHM and their attorneys that were involved in my case, refuse to comment or rectify this situtation.

I WILL NOT JUST PUT UP WITH REINSTATEMENT....that means I would be paying all the fines and various other charges they are responsible for...MR eggheads comment, :why isnt she paying her mortgage?" proves that...after all the faxes and calls from you, both my attorneys and I and he is that misinformed?!!

You have seen stranger things happen......gee with WF I cant imagine. I know I would be sitting in my van with all my furniture next to me on the street.

This is just so frustrating and unbelievable.
You got further than both my attorneys and even with your clear demands and information you are being played too. I found some email addresses to some of the higher ups in WF, I am going to start by trying ot fax or email them , and give them the benefit of the doubt. I will then send the same email and faxes onto the BK court, Trustee, media, and any forum I can utilize. I can then document that in any lawsuit and or motion at that time.


Thanks for all your help, caring, and hard, hard work.

I have a family member who is a lawyer. She does not know anything about bankruptcy court. However, I posed this question to her, and below are her responses:

- The legal term of fraud means that the party involved knew about the untrue information before hand and purposely used the info with intent to decieve. This is what needs to be proven with regards to fraud.

- First thing is to report them to the California State Bar Association. To do this, call the State Bar and ask them what the process for reporting misconduct is. They should give you a name and address of someone to contact. Acquire the forum they use for this and submit it in writing your claim as well as the proof for misconduct and other information required. People usually use these means to report about their own attorney. They probably get plenty of -sour grape- claims, so you need to make sure you are very serious with your alligations to make sure they take you seriously. DO NOT make it a personal attack, but a professional one.

- Lastly, she was not sure if Bankruptcy was Civil or not, she believed it was. If so, you will want to submit a 'Rule 11' violation. This is where her knowledge ends, but apparently the 'Rule 11' will be taken to court(?). I know you do not want to hear this, but she recommended an attorney for this action.

Hope this helps and best of luck,
JAA

Thank you for the information, and for taking the time to ask your family member. I had never heard of rule 11, perhaps this is the rule that brings a jury into the BK court, I couldn't figure that out. I will look into both.

I have nothing against lawyers, I just made 2 poor choices. I need to find one that cares as much about justice as clearly everyone here does. There has to be one out there that covers California and in the BK court, covers Riverside County.

Thanks again...You helped a lot.