You are here:

Bankruptcy Law/HELOC paid in full


Back in Sept. '2010 i was approved to do a 3 month trial basis with our 1st mortgage with Wells Fargo. I immediately called our 2nd mortgage company Wells Fargo Financial to advise them about this.  I spoke a young lady named Amanda and she informed me that $25 a month payment will sufficient since it will show good faith intentions to pay back what is owed on my account.  I didn't get that in writing which i know i should've.  I called couple months later and spoke to another lady by the name of Dolores and she said the same thing to me.  No one ever said that if i don't make my payments it will go into default.  I called again in December and no one told me anything.  I tried to make an online payment but got denied saying my account has been closed.  I called the customer service and of course told me they cannot help me. I didn't receive any letter regarding any default status.  I finally got approved on my loan modification in February but by the time a got approved my situation with my 2nd mortgage went sour.  They refused to even call their own company to see if I was telling them the truth.  Then in Sept. '12 i finally sold the house through FHA and paid off both 1st and 2nd mortgage in full.  I made enough to pay it off.  Now my credit report is showing foreclosure for my 2nd mortgage.  I contacted BBB and they have contacted Wells Fargo Financial but they refuse to reverse this.  What can i do on my end??? This all happened when i lived in Hawaii.


If there was not a valid foreclosure, and if the entry is mistaken and the creditor refuses to remove the erroneous entry, you can bring a lawsuit under the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act.     I have done a few of these cases over the years and they usually ended up with a financial settlement in addition to having the erroneous entries removed.  Sometimes, just the filing of the lawsuit will get the creditors serious attention.    It just all depends on the particular case involved.     Do you have a good case for this?   Hard to say without knowing more specific facts that you do not state in your question.    If you would like to call me to discuss this further, I will not charge you just to talk on the phone.     You can call me at this number:

915   261-3893

If you choose to call me, I look forward to hearing from you.

Bankruptcy Law

All Answers

Answers by Expert:

Ask Experts


Bankruptcy Services


Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

Past/Present Clients
Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

©2016 All rights reserved.