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Judge: Bank Must Explain Loan Policies

Judge Orders Wells Fargo Executive To Testify In Court

POSTED: 10:50 pm MST August 19, 2009
UPDATED: 10:34 pm MST August 20, 2009

A federal bankruptcy judge has ordered a top Wells Fargo executive to testify in court about the bank's loan modification policies.

The order came in response to a Phoenix woman's complaint that Wells Fargo had ignored her modification request.

"I sent them everything they asked for, and then when I called to follow up they said, 'What paperwork? What modification? We don't know what you're talking about,'" said Bobbi Giguere.

Giguere said she applied for a modification after she lost her job in December.

"I've got a 15-year-old boy that's depending on me to raise him, and he wants to stay here," she said.

Instead, she said she received a notice of foreclosure while she thought she was still trying to work out a deal with Wells Fargo.

Now Judge Randolph Haines wants a senior officer at Wells Fargo to defend the charges.

Bankruptcy attorney Randy Nussbaum said it is very unusual for a judge to issue such an order.

"The judge is trying to send a message to Wells Fargo and other banks that they need to pay better attention to customers who want to modify their home loans," said Nussbaum.

Wells Fargo responded by issuing a statement from Mary Coffin, the bank's head of home mortgage servicing.

"We appreciate the court giving us the opportunity to share our servicing practices, which include working with all customers facing hardships -- even if they declare bankruptcy -- until every reasonable option to prevent foreclosure has been exhausted," read the statement.

In a phone interview, Coffin said Giguere's case is very complex because her circumstances changed after she initially applied for the loan modification.

However, she said the bank could have offered better customer service.

"We definitely could have communicated better," said Coffin.

After our initial news report, many homeowners contacted CBS 5 News, sharing remarkably similar frustrations. Getting the runaround about lost paperwork was amongst the most common complaint. The complaints came from customers using a variety of loan providers, including but not limited to Wells Fargo and Bank of America.

When asked to grade banks on how well they responded to customers’ requests to modify mortgages, Arizona Attorney General Terry Goddard gave a D minus.

“We find the take up on the (homeowner assistance) program is pathetic. The banks just are not doing what has been asked of them and not taking advantage of financial benefits that are on table.”

A Wells Fargo executive is scheduled to testify in federal court September 3rd. The hearing was originally scheduled for this week, but the judge granted Wells Fargo an additional two weeks to research internal records and prepare their case.

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