Wells Fargo Servicing Division Sued Over Deceptive Loan Mod Practices – NMP Skip to main content

Wells Fargo Servicing Division Sued Over Deceptive Loan Mod Practices

Nov 24, 2010

The law firm of Harwood Feffer LLP has announced that it has filed a class action lawsuit against Wells Fargo Bank NA and its loan servicing division, America's Servicing Company (ASC), for fraudulent and deceptive practices related to loan modifications. The suit, filed in the United States District Court for the Northern District of California, Forster, et al. v. Wells Fargo, et al., Index. No., alleges that ASC improperly and unlawfully induced borrowers to default on their mortgages by informing borrowers that loan modifications would not be considered for those individuals who were current on their payments. By making loan default a pre-requisite for modification, without regard to whether a borrower otherwise qualified for a modification due to financial hardship, or ASC caused borrowers to unnecessarily suffer ruined credit and subjected them to significant fees, penalties and interest. As a loan servicer, ASC generates a significant portion of its revenue from fees, penalties and interest collected on the non-performing loans it services. Harwood Feffer's clients believe that it is in ASC's financial interest to avoid, delay and deny loan modifications and to pursue foreclosures because doing so will lead to increased revenue. For more information, visit www.hfesq.com.
About the author
Published
Nov 24, 2010
MaxClass: Education Meets Lead Generation

CEO Kelly Hendricks details how MaxClass and HomeQB are opening a new referral channel for originators

Fannie Mae Returns To Distressed-Loan Market With $214 Million Sale

The agency’s first nonperforming-loan offering in 13 months transfers 969 deeply delinquent mortgages to private buyers, including a small pool concentrated in Dallas-Fort Worth

Aug 20, 2026
Brief Refinance Shift Tests Mortgage Lenders’ Compliance Controls

Critical defect rate jumps 23.9% as math-based compliance findings expose the potential for one systemic error to affect loans across a lender’s book

Checkr Buys Truv To Move Mortgage Verification Beyond Documents

The acquisition adds consumer-permissioned payroll and banking data to Checkr’s mortgage platform while lenders confront increasingly convincing fabricated financial records

Aug 19, 2026
IMBs Make Most Mortgages. CHLA Says It’s Time They Got FHLBank Access.

As FHFA moves to give Federal Home Loan Banks more flexibility, the trade group is renewing its push to give qualified independent mortgage banks access to FHLBank membership and liquidity

Insuring The Risk To Lenders At Closing

Traditional protections like title insurance and closing protection letters may leave lenders exposed to significant settlement, funding, and fraud-related losses