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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 114799
Experience:  Attorney experienced in commercial litigation.
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How do I file a civil suit against Wells Fargo Bank?

Customer Question

how do I file a civil suit against Wells Fargo Bank?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: They foreclosed on my home
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to file suit against them, you have to have legal causes of action, so do you have legal causes of action against them?
Customer: replied 5 months ago.
They obstructed the mortgage adjustment process due to a 1400 dollar lien on the property that I told them I would pay. This occurred the day before the adjustment was scheduled to close giving me no time ot ability to take care of it.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
The only way to clear the lien is to actually pay the lien, Wells Fargo does not have a legal duty to clear your adjustment without the lien being paid off and removed, even though you told them you would pay it, you have to actually pay it.
However, if they did not give you time to pay the lien and waited until the last minute to foreclose without informing you, then you could seek to sue for unfair and deceptive practices and seek damages. Here is a sample of what your complaint should look like and it was a unfair and deceptive practice suit filed against WF by the state attorney general, but you can use it to write your own complaint and file it with the clerk then you need to serve WF legal department a copy of the suit and summons form and file a proof of service form with the clerk showing you sent a professional process server out to serve WF. See: https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rPxi_pVaKx2Y/v0
I would not sue them without an attorney, as many people have done so and WF is very good at getting these cases dismissed because people do not understand or read the rules of evidence and rules of civil procedure.
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