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East Bay | Global Justice and Anti-Capitalism | Health, Housing, and Public Services

Wells Fargo Wants to Foreclose on Dead Mom's House, Leaving Daughter Homeless
by re-posted for Gail Leeks
Tuesday Aug 14th, 2012 10:35 AM
Like vultures they waited...

The house that my mother, Marjorie Gibson, owned is the only home our family has had for over two generations. While my mother was on her deathbed, Wells Fargo claimed they talked to her . But I know she was too weak to talk because I was there, caring for her. They claimed they served her the Notice of Default but it was served three months after she had died. My mother died on her birthday on January 11, 2012 - she was served in April 2012. I know she wanted me to have the house to live in and take care of my grandchildren in because she left it to me in her will. After I cremated her, while tears where not yet dried on our cheeks, they moved to foreclose on her house. The bank refuses to acknowledge me as an executor of the estate and title holder of the house. They have refused to communicate with anyone other than my dead mother.
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Like vultures they waited...

The house that my mother, Marjorie Gibson, owned is the only home our family has had for over two generations. While my mother was on her deathbed, Wells Fargo claimed they talked to her . But I know she was too weak to talk because I was there, caring for her. They claimed they served her the Notice of Default but it was served three months after she had died. My mother died on her birthday on January 11, 2012 - she was served in April 2012. I know she wanted me to have the house to live in and take care of my grandchildren in because she left it to me in her will. After I cremated her, while tears where not yet dried on our cheeks, they moved to foreclose on her house. The bank refuses to acknowledge me as an executor of the estate and title holder of the house. They have refused to communicate with anyone other than my dead mother.

The foreclosure is set on my birthday, exactly 66 years after my mother gave birth to me - that is not what she wanted for her daughter, or her grandchildren.

Banks should not be allowed to take a person’s house when they are on their deathbed or while their body is being laid to rest. My name is Gail Leeks. I am 65 years old and I have no retirement and I am still working full-time to support myself, my children, and my grandchildren. This home is the only thing I have and without it I will be homeless. I am capable of paying the mortgage but the bank refuses to talk to me or give me any information! I now hold title and I've sent them proof - I sent them the will saying the property has been passed down to me, I sent them probate court documents, I sent them the new recorded title with my name - but they still won't give me any information. I have no idea how much I have to give them to stop the foreclosure because they won't tell me. I sent them a check for $5000 and they refused it and returned it to me with a letter saying that it was not enough - but they will not tell me how much IS enough.

My family is doing everything we can to keep this home. Jora Trang, mother of my grand-daughter Meggy, and an attorney, has stepped in to help me but they won't even talk to her. They stated that they will only talk to the borrower, my deceased mother.

I’ve been trying to communicate with Wells Fargo for eight months. I’ve spent hours on the phone speaking with customer service representatives who can’t or won’t provide me with any information. All they can tell me is that they have received my documents and they are “reviewing” it. They say they have to go through their “process” no matter how slow their process is but they won’t stop or delay the foreclosure so that they can fully and completely review all of the documents that I have sent to them. Despite my calls, letters, emails and faxes, they have not given me any information on how to save the house, on how to stop the foreclosure, on how much I need to give them, or about any other options I may have to stop the foreclosure

All I want is for Wells Fargo Bank to:

(1) stop the foreclosure

(2) give me information on how much left is owed on the house

(3) give me information on what I can do to make up the payments my mother missed while she was dying of cancer

(4) I am the homeowner now - so give me information on what I can do to make sure this is the best loan I can get.

Just talk to me. Give me information. Help me. That's all I am asking for. I CAN and WILL make payments but the foreclosure process makes that impossible.

Banks cannot take houses away from families when their loved ones are dying or dead. Please help us! We have less than 17 days left.

I'm at the end of my line - the foreclosure is going through in less than two weeks on my birthday. I deserve the right to know this information.

Please visit us on facebook:
http://www.facebook.com/SaveGailsHouse

Please sign this petition:
http://www.change.org/petitions/wells-fargo-bank-ceo-stop-foreclosure-on-dead-mom-s-house-leaving-daughter-homeless

And if you want to help us - please pass it along to your friends and help us promote it:
http://www.change.org/guides/promote-your-petition


Signed,

Gail Leeks

Aaron Geddins

Meggy Trang

Jora Trang
by Sean B.
Monday Aug 27th, 2012 6:45 PM
Just file a civil suit against Wells Fargo. If everything stated in the above story is true, then Wells Fargo is going to take the property unless Mrs. Leeks lawfully bars them from doing so. According to Inheritance Law from the exact moment of time of death of Ms. Gibson, Ms. Leeks became the proprietary owner of the property in question. If they have some document proving that Mrs. Gibson owed large debts to them, then they have the right to file claim for the house after X amount of time, provided the new proprietary owner (Mrs. Leeks) pays whatever debt is owed or signs away the house to pay off the debt. If everything was paid off, then they have no right but can try and say that they do. Taking them to civil court forces them to either back off entirely or provide the evidence proving that there was indeed massive debt. Also, Inheritance Law requires that any notifications are sent to the current proprietary owner (Mrs. Leeks) and not the deceased, anything sent before she was deceased but arriving afterwards required to be forwarded to the new proprietary owner.

In short, as long as everything stated in the story is true, then despite what they are doing being illegal, they WILL get away with it unless you step up through the proper channels to stop them, but they have no chance as long as you do take action. You would also be able to get more money out of them for damages caused by the "trauma" of having to deal with such insidious behavior after the loss of a dear loved one.