Wells Fargo/Wachovia Class Action
The Arns Law Firm is seeking information from Wells Fargo home mortgage customers who believe they have been assessed a late fee even though they made their mortgage payment on time.
The Current Lawsuit Against Wells Fargo
In December of 2010, The Arns Law Firm filed a class action lawsuit against Wells Fargo Bank, N.A., (as well as related divisions / companies), for improperly charging late fees on home mortgages, even though payments were made within the grace period for the mortgage. Wells Fargo has a policy that payments received after 4:00pm Central Time (2:00 pm Pacific Time) are generally credited as received the following business day. The result is that some mortgage holders who made in-branch payments on or near the last day their mortgage payment was due (including to the end of the grace period) have been charged late fees. The lawsuit was filed in California Superior Court but has been removed to federal court and is now pending in the U.S. District Court for the Northern District of California.
The Arns Law Firm believes customers were charged late fees even though they were in the Wells Fargo branch on the calendar day they had been told the payment needed to be received to avoid late fees.
Wells Fargo’s Alleged Violation of Federal Regulations
Banks are required by Federal law to comply with certain processing and business practices, some of which are codified in what is commonly referred to as “Regulation Z.” An amendment to Regulation Z (12 C.F.R. §226.36(c)(1)(i)) became effective October 1, 2009, and requires banks credit mortgage payments as of the day they are received.
The Arns Law Firm contends that Wells Fargo’s practice of crediting payments received after 4:00pm Central Time as received on the next business day violates that regulation.
Seeking Information:
We are seeking information from Wells Fargo loan holders about these practices.
If you believe you have been improperly charged late fees in connection with your mortgage or would like more information, please contact us by phone or e-mail. There is no charge for a consultation.
We can be reached at:
The Arns Law Firm
515 Folsom Street, 3rd Floor, San Francisco, CA
Toll Free: 1-800-495-7800
E-mail: latefees@arnslaw.com
A copy of the complaint is available by clicking here. |