Wells Fargo Deceptively Passed Delay Fees onto Mortgage Loan Customers, Lawsuit Claims
Last Updated on May 8, 2018
Brach v. Wells Fargo & Co. et al.
Filed: October 19, 2017 ◆§ 3:17-cv-05990
A lawsuit claims Wells Fargo caused delays for mortgage loan applications and then passed off consequent late fees onto unsuspecting consumers.
California
A proposed class action filed against Wells Fargo & Co., Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage seeks to address what it calls the “third in a series of fraudulent business practices” the bank has allegedly inflicted upon customers. Citing scandals from 2016 and 2017 that, respectively, saw customers have phony accounts opened in their names and unnecessary car insurance forced upon them—acts supposedly stemming from a culture of too-lofty sales and performance goals for employees—the 18-page lawsuit claims Wells Fargo workers deceived mortgage loan applicants by promising a locked-in interest rate for a set period of time—usually 60 days—with a fee being levied onto borrowers should they be found at fault for delaying the application process.
According to the lawsuit, if Wells Fargo took longer than 60 days to process customers’ mortgage applications, the bank itself was to pay the fee associated with extending the locked-in interest rate. The plaintiff, a New Jersey resident, claims Wells Fargo’s hyper-competitive sales and corporate culture once again reared its head, leaving proposed class members holding the bill. From the lawsuit (emphasis ours):
“Loan officers and managers, however, had their performance numbers impacted if the bank paid the extension fees. Lower performance numbers meant less incentive pay. Employees in the mortgage department would thus place blame on delays on Wells Fargo customers when, in reality, it was Wells Fargo that triggered delay. By blaming the customer, Wells Fargo was able to shift the responsibility for paying extension fees from itself to its customers.”
The lawsuit goes on to claim a number of former Wells Fargo employees, in a whistleblower complaint submitted to Congress and in media interviews, revealed that the bank had wrongfully placed blame for mortgage application delays on customers rather than take responsibility and pay millions in interest rate extension fees.
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