I am going to be sharing this information over at the U.S. Independent today because Neil Garfield discussed it this morning and the bottom line is that inroads are being made against Wells Fargo's unlawful refusals to negotiate HAMP agreements. The person who wrote Neil mentioned Wigod v. Wells Fargo Bank N.A. (673 F.3d 547) but out here in the 9th circuit we can do that one better, because we have Corvello v. Wells Fargo Bank, NA, 728 F.3d 878 (9th Cir. August 8, 2013), citing Wigod, and Corvello involved a pair of plaintiffs, one written HAMP violation and one oral HAMP violation.
As noted as the subject of my recent editorial, we used that information to compel the Mediator to make Wells Fargo return for a second mediation after they failed to produce the entire NPV report. They contended that they didn't have to produce the entire report but I argued that they have to because we provided an entire REST report and because HAMP and the WA Fairness in Foreclosure Statutes are all remedial statutes and must be construed liberally in favor of the homeowner.
They also wrote us an email two days before mediation claiming it was in review, then one day before mediation saying it was not in review. Nice. Keep in mind we also told the Department of Commerce about the Bad Faith Certificate the WF accepted in the Jane Mair case. Several of us banded together to get a TPP on another property for Ms. with Bank of America, which subsequently blacklisted me from further communications as homeowner point of contact. I guess efficacy has its rewards. Here's more about Wells Fargo and their gamesmanship.