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Can Wells Fargo legally do this?

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  • Can Wells Fargo legally do this?

    My wife and I filed bankruptcy 5 years ago. To the advice of our lawyer,we held back our next month's mortgage and put it in the bankruptcy.directly This payment of course was going to be made up with our last payment in our bankruptcy.
    When the last court appointed payment was sent in to wells fargo, our escrow was $50 short. So they decided, instead of calling and giving us a chance to make up the difference, to apply all $1300 of our payment to the escrow. So now they show us a month behind and have showed us a month behind for almost a year now.
    Our bankruptcy lawyer says they can't apply court appointed payments to just anywhere, but they are not doing a very good job of following up and making wells fargo fix this. They have been sending us letters and calling us at least once a week trying to collect and threatening to foreclose.
    We have never missed a payment or made a late payment up till the day we filed bankruptcy. And the only reason we didn't make the one payment at the beginning of our bankruptcy was because our lawyer recommended we do that.
    We want to know if wells fargo can do this and if we have any legal recourse, making them remove the year's worth of late payments and fees.
    Thanks for any info and advice you can give us, we greatly appreciate it.

  • #2
    re: Can Wells Fargo legally do this?

    Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; or get the lawyer to intervene since he helped cause the problem.


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